INSURANCE BAD FAITH DEMAND LETTER – GEORGIA
To: [Insurance Company Name, Claims Department Address]
From: [Insured/Claimant Name, via Counsel if applicable]
Date: [DATE]
Claim Number: [CLAIM NUMBER]
Policy Number: [POLICY NUMBER]
Insured: [INSURED NAME]
Date of Loss: [DATE OF LOSS]
Type of Coverage: [Coverage Type]
1. INTRODUCTION AND PURPOSE
This letter constitutes a formal demand for payment under O.C.G.A. § 33-4-6. [INSURANCE COMPANY] ("Insurer") has 60 days from receipt to pay the claim or the 25% statutory penalty plus attorney's fees will apply.
2. FACTUAL BACKGROUND
- Date of Loss: [DATE] — [describe loss]
- Timely Notice: Provided on [DATE]
- Cooperation: Full cooperation provided
- Coverage: Covered loss with limits of [$LIMITS]
3. CLAIM HISTORY
- [DATE]: Claim submitted
- [DATE]: [Describe delays or denial]
- Current status: [Unpaid / Underpaid / Denied]
4. LEGAL BASIS – GEORGIA BAD FAITH
Statutory Bad Faith (O.C.G.A. § 33-4-6)
Georgia law provides that if an insurer refuses to pay a covered loss within 60 days after demand and it is later determined the refusal was in bad faith, the insurer must pay:
- 25% of the liability as a penalty; plus
- Reasonable attorney's fees.
This letter constitutes the required demand. Insurer has 60 days to pay.
Common Law Bad Faith
Georgia also recognizes common law bad faith for intentional, egregious conduct. Colonial Life & Acc. Ins. Co. v. Collins, 194 Ga. App. 825 (1990).
5. DAMAGES
Insured demands:
- Policy benefits: [$AMOUNT]
If not paid within 60 days:
- 25% statutory penalty: [$PENALTY]
- Reasonable attorney's fees
- Interest and costs
6. STATUTORY DEMAND AND DEADLINE
THIS IS A FORMAL DEMAND UNDER O.C.G.A. § 33-4-6
Deadline: [DATE – 60 days from receipt]
Failure to pay within 60 days will trigger the 25% penalty and attorney's fees.
7. PRESERVATION NOTICE
Preserve all claim file documents and communications.
8. ATTACHMENTS
- Exhibit A: Policy declarations
- Exhibit B: Loss documentation
- Exhibit C: Correspondence
Signed:
[Name / Attorney]
[Contact Information]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED