State RegulationsGA specificDifficulty 3/5
An insured sues her Georgia insurer under O.C.G.A. § 33-4-6 for bad-faith refusal to pay a covered loss. What additional procedural step must she take, and when?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under O.C.G.A. § 33-4-6(b), a plaintiff who brings a bad-faith action must mail the Insurance Commissioner a copy of the demand and the complaint within 20 days of bringing the action. This notice keeps the regulator informed of pending bad-faith litigation, and omitting the step can jeopardize the plaintiff's recovery of the statutory penalty and attorney fees.
Why the other options are wrong
- A) The bad-faith statute requires no bond; the procedural obligation is the notice copy to the Insurance Commissioner.
- B) The plaintiff does not need the Commissioner's permission to sue; the Commissioner only receives a copy of the filings.
- C) The 60-day demand to the insurer precedes suit, but no second demand letter 90 days before trial exists in the bad-faith statute.
Memory hook
Suing in bad faith? Copy the Commissioner within 20 days.