GA Code § 33-3-28 (2021)
2021 Georgia Code|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

    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.   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.     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.   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.   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.     (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).   JUDICIAL DECISIONS    Subsection (d) of O.C.G.A. § 33-3-28 did not create liability on the part of an insurer to a claimant for failure to timely amend previously furnished information from the insurer to the claimant. Generali-U.S. Branch v. Southeastern Sec. Ins. Co., 229 Ga. App. 277, 493 S.E.2d 731 (1997).    A violation of subsection (d) of O.C.G.A. § 33-3-28 did not give rise to an action based on negligence per se. Generali-U.S. Branch v. Southeastern Sec. Ins. Co., 229 Ga. App. 277, 493 S.E.2d 731 (1997).   Improper insurance reporting may result in liability.    - Since defendant insurance company failed to disclose the existence of an umbrella policy until after the claimant had settled for what she thought were the policy limits, the trial court erred in granting summary judgment to the company on the claimant's allegations of fraud, misrepresentation and false swearing, based on its conclusion that the parties had no contract because the parties' settlement agreement was contingent on the company having disclosed all applicable policies. Merritt v. State Farm Mut. Auto. Ins. Co., 247 Ga. App. 442, 544 S.E.2d 180 (2000).   Cause of action not found.    - Insurer's breach of this section did not create a cause of action and the right to seek damages under O.C.G.A. §§ 51-1-6 and51-1-8. Parris v. State Farm Mut. Auto. Ins. Co., 229 Ga. App. 522, 494 S.E.2d 244 (1997).   Failing to disclose existence of insurance was willful and malicious act.    - Debtor performed a willful and malicious act, 11 U.S.C. § 523(a)(6), by failing to disclose the existence of insurance. Contrary to the mandate of O.C.G.A. § 33-3-28(a)(2), the debtor did not comply with the creditor's personal injury attorney's request for insurance information and instead gave the creditor false and misleading information; the debtor's concealment of insurance information caused harm to the creditor that was both willful and malicious. Blair v. Boughter (In re Boughter), 463 Bankr. 908 (Bankr. S.D. Ga. 2003).    Cited in State Farm Mut. Auto. Ins. Co. v. Hernandez Auto Painting & Body Works, 312 Ga. App. 756, 719 S.E.2d 597 (2011).   OPINIONS OF THE ATTORNEY GENERAL    An insurance company may not bill a requesting claimant for the time and expense involved in complying with a request for coverage information pursuant to O.C.G.A. § 33-3-28. 1990 Op. Att'y Gen. No. U90-10.    Providing a copy of the declaration page of each policy,  in lieu of providing the requested information, is the only permissible statutory exception to the requirement that an insurance company disclose policy limits and other information within 60 days of receiving a request from a claimant. 1990 Op. Att'y Gen. No. U90-10.