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State RegulationsGA specificDifficulty 2/5

An insurer in Georgia receives a claimant's written request for the specific reasons its coverage denial was made, and it never responds in writing. Under O.C.G.A. § 33-6-34, which unfair claims settlement practice has occurred?

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Answer & full 3-part explanation (select an option above, or peek)

Why D is correct

Under O.C.G.A. § 33-6-34, an enumerated unfair claims settlement practice is failing to provide, upon written request, a written explanation of the basis on which a denial was made. Read with O.C.G.A. § 33-6-33, the practice violates the article when committed with such frequency as to indicate a general business practice, and the Insurance Commissioner may investigate and sanction it.

Why the other options are wrong

  • A) Claim-file confidentiality is not one of the enumerated unfair claims settlement practices in the Georgia statute.
  • B) The unfair claims practices article does not concern the use of Commissioner-approved policy forms; that concept belongs to other areas of regulation.
  • C) There is no statutory duty to offer a settlement before litigation; the enumerated violation concerns how settlements are attempted when liability is reasonably clear, not a pre-suit offer obligation.

Memory hook

Deny it? Then write it — denial reasons must be put in writing on request.

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