General FAQs

What is insurance bad faith in Georgia?

Quick answer: Insurance bad faith in Georgia occurs when an insurer refuses to pay a legitimate claim, delays payment unreasonably, or engages in deceptive or unfair claims practices in violation of Georgia law.

When you buy an insurance policy, you and the insurer enter into a contract. Georgia law does not just enforce the terms of that contract. It also imposes a duty on insurers to handle claims fairly and honestly. When an insurer violates that duty, it may be acting in bad faith.

What are the two categories of insurer bad faith recognized in Georgia?

Georgia recognizes two separate categories. The first is statutory bad faith under O.C.G.A. Section 33-4-6, which applies when an insurer refuses to pay a covered claim without reasonable cause. If you meet the requirements of that statute, a court may award not just the claim amount but also a penalty of up to 50 percent of the loss and reasonable attorney fees. The exact penalty is determined by the court based on the facts of each case.

The second category is conduct that violates the Unfair Claims Settlement Practices Act under O.C.G.A. Section 33-6-34. This statute identifies specific prohibited behaviors, including failing to adopt reasonable claims investigation standards, failing to acknowledge communications promptly, and offering unreasonably low settlements without adequate investigation. Violations are enforced by the Georgia Department of Insurance and can result in regulatory action against the insurer.

What does "without reasonable cause" mean in a Georgia bad faith case?

Courts have interpreted "without reasonable cause" to mean the insurer had no legitimate factual or legal basis for denying or delaying the claim. A close coverage question the insurer ultimately got wrong is not automatically bad faith. The insurer’s refusal must be unreasonable, not merely incorrect. For example, if an insurer denies a claim by applying a policy exclusion that a court later finds does not apply, but the insurer’s reading of that exclusion was at least arguable under the policy language, a court may not award the statutory penalty even though the policyholder prevailed on the coverage question.

How does bad faith differ from a legitimate valuation dispute?

A legitimate dispute happens when an insurer and a policyholder disagree about whether a loss is covered or what a deductible or limit applies, but both interpretations have a reasonable basis in the policy language. Bad faith requires something more: an unreasonable refusal or delay that lacks any factual or legal support. Policyholders who win coverage disputes do not automatically win bad faith claims on top of them. The statutory penalty is reserved for denials that had no defensible basis at all.

What procedural steps are required before filing a bad faith lawsuit in Georgia?

Before filing suit under O.C.G.A. 33-4-6, you must send a written demand to the insurer. The insurer then has 60 days from receipt to pay the claim. If they pay within 60 days, the bad faith penalty is not available even if the earlier refusal was unreasonable. Filing suit before the 60-day window closes also eliminates the penalty as a remedy. For example, a Georgia business owner whose commercial claim was denied in January and who sends a written demand in March must wait until May before filing suit. If the insurer pays the full amount before May, the penalty is off the table even if the January denial had no reasonable basis.

What should I do if I believe my insurer is acting in bad faith?

Documenting every interaction, saving all correspondence, and consulting with a licensed insurance professional or attorney early in the process gives you the strongest foundation for any legal or regulatory action. Filing a complaint with the Georgia DOI at oci.georgia.gov creates a regulatory record and may trigger a compliance review of the insurer’s conduct. A free coverage review can confirm whether your home insurance or other policy language supports your coverage position before you escalate to a formal demand or lawsuit.