State RegulationsGA specificDifficulty 3/5
A policyholder brings a bad-faith action against a Georgia insurer under O.C.G.A. § 33-4-6. What additional procedural step must the plaintiff take for the action to proceed, and within what time limit?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Under O.C.G.A. § 33-4-6(b), a plaintiff bringing 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 requirement lets the Insurance Department track bad-faith litigation against Georgia insurers; skipping it jeopardizes the statutory claim.
Why the other options are wrong
- B) 60 days is the payment window after demand under O.C.G.A. § 33-4-6(a); the Commissioner-copy deadline in § 33-4-6(b) is much shorter at 20 days.
- C) There is no newspaper publication requirement in O.C.G.A. § 33-4-6; the required step is mailing copies to the Insurance Commissioner within 20 days.
- D) The guaranty association is not a party to bad-faith litigation and receives nothing under O.C.G.A. § 33-4-6(b); the copies go to the Insurance Commissioner within 20 days.
Memory hook
Sue in bad faith? Copy the Commissioner within 20 — or the claim stalls.