Denied in Bad Faith? How Georgia’s Bad-Faith Statute Protects Policyholders
Georgia policyholders have a powerful legal tool when their insurer wrongfully denies a valid claim. Under O.C.G.A. Section 33-4-6, Georgia's bad-faith insurance statute allows claimants to recover the full claim amount, a penalty of up to 50% of the covered loss, and attorney's fees - provided they follow the proper notice procedure. The process requires sending a written demand letter and giving the insurer 60 days to pay before filing suit. Not every denial qualifies; bad faith requires showing the insurer had no reasonable basis for refusal. Common mistakes include missing the demand notice step, accepting partial payment without reserving rights, and confusing a genuine coverage dispute with bad-faith conduct. Understanding this distinction, gathering the right documentation, and acting promptly are the most important steps any Georgia policyholder can take after receiving a suspicious denial.