What happens if a Georgia insurer denies a nonprofit's covered claim in bad faith?

Quick answer: Under O.C.G.A. 33-4-6, you can make a written demand for payment. If the carrier fails to pay within 60 days and a court later finds the refusal was in bad faith, it owes a penalty of up to 50 percent of the loss or $5,000, whichever is greater, plus reasonable attorney fees.

Under O.C.G.A. 33-4-6, a nonprofit can make a written demand for payment when an insurer denies or delays a claim without a reasonable basis. "Bad faith" describes a denial or delay by the carrier that a court finds was not reasonably justified, as opposed to an ordinary coverage dispute over how a policy applies. If the carrier fails to pay within 60 days of that written demand, and a court later finds the refusal was in bad faith, the carrier owes a penalty of up to 50 percent of the loss or $5,000, whichever is greater, plus the policyholder's reasonable attorney fees.

The process runs in a specific order. First, the nonprofit submits a written demand identifying the claim and the amount owed under the policy. The 60-day clock starts from that written demand, not from the original date of loss or the original claim filing. If the carrier still refuses to pay after 60 days, the nonprofit's remaining option is a lawsuit, and the bad-faith penalty and attorney fees only apply if a court agrees the refusal lacked a reasonable basis.

Example: a storm damages a nonprofit's office roof, and the loss is covered under its commercial property policy. The carrier denies the claim, citing a wear-and-tear exclusion that the nonprofit's own inspection report contradicts. The nonprofit sends a written demand for payment. The carrier still refuses to pay after 60 days. The nonprofit sues, and the court finds the denial had no reasonable basis. The carrier then owes the original claim amount, a bad-faith penalty of 50 percent of the loss or $5,000, whichever is greater, and the nonprofit's attorney fees.

This statute is a remedy available after a denial, not a substitute for documentation at the time of loss. Photos, repair estimates, and a clear paper trail with the carrier strengthen a written demand and any later bad-faith claim.

How commercial property and other nonprofit coverages are structured in Georgia is covered on the Georgia nonprofit insurance page and the nonprofit insurance guide. Carriers available through Olive Cover for Georgia and Alabama nonprofits are listed on the carriers page. A denied or disputed claim can be reviewed through a coverage review.