Is there any remedy? Of course, you can file suit against your insurance company. There is another step that should be considered prior to save when a claim is denied. This is a 60 day demand notice to the insurance company that the insured will seek bad-faith penalties if suit must be filed.
Under Georgia law, bad-faith penalties include $5000 or 50% of the amount of the claim, whichever is greater, plus attorney fees.
Not every claim denial is necessarily a matter of bad faith. There may be a policy provision that justifies the denial, such as exclusion. However, if there does not seem to be a good reason for the claim to be denied, a bad-faith notice can be a useful step to take. Such notice must be sent by certified mail, return receipt requested. A lawsuit should not be filed prior to running of the 60 day notice period. This notice can give the insurance company additional incentive to settle a claim.
For more information call (770) 972-3803 or visit http://www.walker-law-firm.com/
South Gwinnett Office
2330 Scenic Hwy, Suite 208
Snellville, GA 30078
North Gwinnett Office
6340 Sugarloaf Parkway, Suite 200
Duluth, GA 30097
