{"data":{"id":"us-ga/o.c.g.a.-33-6-34","jurisdiction":"us-ga","citation":"O.C.G.A. § 33-6-34","heading":"Unfair claims settlement practices.","body":"Any of the following acts of an insurer when committed as provided in Code Section 33-6-33 shall constitute an unfair claims settlement practice:\n(1) Knowingly misrepresenting to claimants and insureds relevant facts or policy provisions relating to coverages at issue;\n(2) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies;\n(3) Failing to adopt and implement procedures for the prompt investigation and settlement of claims arising under its policies;\n(4) Not attempting in good faith to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear;\n(5) Compelling insureds or beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them;\n(6) Refusing to pay claims without conducting a reasonable investigation;\n(7) When requested by the insured in writing, failing to affirm or deny coverage of claims within a reasonable time after having completed its investigation related to such claim or claims;\n(8) When requested by the insured in writing, making claims payments to an insured or beneficiary without indicating the coverage under which each payment is being made;\n(9) Unreasonably delaying the investigation or payment of claims by requiring both a formal proof of loss and subsequent verification that would result in duplication of information and verification appearing in the formal proof of loss form; provided, however, this paragraph shall not preclude an insurer from obtaining sworn statements if permitted under the policy;\n(10) When requested by the insured in writing, failing in the case of claims denial or offers of compromise settlement to provide promptly a reasonable and accurate explanation of the basis for such actions. In the case of claims denials, such denials shall be in writing;\n(11) Failing to provide forms necessary to file claims within 15 calendar days of a request with reasonable explanations regarding their use;\n(12) Failing to adopt and implement reasonable standards to assure that the repairs of a repairer owned by the insurer are performed in a workmanlike manner;\n(13) Indicating to a first-party claimant on a payment, draft check, or accompanying letter that said payment is final or a release of any claim unless the policy limit has been paid or there has been a compromise settlement agreed to by the first-party claimant and the insurer as to coverage and amount payable under the contract;\n(14) Issuing checks or drafts in partial settlement of a loss or claim under a specific coverage which contain language which releases the insurer or its insured from its total liability;\n(15) Failure to comply with any insurer requirement in Chapter 20E of Title 33, the “Surprise Billing Consumer Protection Act,” including the failure to pay a resolution organization as required under Code Section 33-20E-16; and\n(16) Failure to comply with any insurer requirement relating to emergency services or care in Article 4 of Chapter 11 of Title 31, Article 1 of Chapter 20A of this title, Chapter 20E of this title, Chapter 21A of this title, Code Section 33-24-59.27, and Chapter 30 of this title.","path":["TITLE 33 Insurance","CHAPTER 6 Unfair Trade Practices","Article 2 Unfair Claims Settlement Practices"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.33.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"f69b655a53b017d590eed91d98e50f866c4f9d8ec58da5721b0b06d8ba37dba4","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-33-6-33","next":"us-ga/o.c.g.a.-33-6-35"},"notice":"GroundRules: Original legal text. Not legal advice."}