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Official Code of Georgia Annotated

Title 33. INSURANCE · Chapter 3. AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE

33-3-28. Request by claimant for information as to name of insurer, name of each insured, and limits of coverage.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)
    1. (1)

      Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage. Such insurer may provide a copy of the declaration page of each such policy in lieu of providing such information. The claimant’s request shall set forth under oath the specific nature of the claim asserted and shall be mailed to the insurer by certified mail or statutory overnight delivery.#

    2. (2)

      The insured, within 30 days of receiving a written request from a claimant or the claimant’s attorney, shall disclose to the claimant or his attorney the name of each known insurer which may be liable to the claimant upon such claim.#

  2. (b)

    If the request provided in subsection (a) of this Code section contains information insufficient to allow compliance, the insurer or insured upon whom the request was made may so state in writing, stating specifically what additional information is needed, and such compliance shall constitute compliance with this Code section.#

  3. (c)

    The information provided to a claimant or his attorney as required by subsection (a) of this Code section shall not create a waiver of any defenses to coverage available to the insurer and shall not be admissible in evidence unless otherwise admissible under Georgia law.#

  4. (d)

    The information provided to a claimant or his attorney as required by subsection (a) of this Code section shall be amended upon the discovery of facts inconsistent with or in addition to the information provided.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 33-3-28, enacted by Ga. L. 1989, p. 676, § 1; Ga. L. 2000, p. 136, § 33; Ga. L. 2000, p. 1589, § 3.

Editor's notes

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the amendment to this Code section by Ga. L. 2000, p. 1589, § 3, was applicable with respect to notices delivered on or after July 1, 2000.

Law reviews

For annual survey on insurance, see 65 Mercer L. Rev. 135 (2013).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t33-ch1-22-(v24)-2020-pdf.pdf, Volume V24, 2020 edition, pages 136 to 137; merge action: carried; file SHA-256 4ecec175d949.