STATE LAW – GEORGIA LIBRARY – GUIDE 09
Georgia Claims Handling & Insurance Bad Faith
Georgia distinguishes first-party statutory bad-faith remedies from liability-insurer settlement duties. O.C.G.A. § 33-4-6 addresses an insurer’s bad-faith refusal to pay a covered loss after demand, while motor-vehicle settlement demands and excess-exposure issues also implicate O.C.G.A. § 9-11-67.1 and Georgia common law.
- For a first-party covered loss, § 33-4-6 generally requires a demand and a 60-day opportunity to pay before statutory bad-faith penalties may be pursued.
- Keep contractual benefit claims distinct from third-party failure-to-settle claims.
- Document the insurer’s coverage position, valuation, investigation, communications and payment history.
- Apply the statute and current appellate decisions to the specific policy and demand.
Current-law review: September 16, 2026.
PUBLIC-INTEREST LEGAL EDUCATION
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Official Georgia sources
Georgia General Assembly · Georgia Office of Commissioner of Insurance · Supreme Court of Georgia