Acts of Claims Administration Not to Be Deemed Waiver of Policies or Defenses Under Policies

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  2. Georgia Code
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  4. Insurance Generally
  5. General Provisions
  6. Acts of Claims Administration Not to Be Deemed Waiver of Policies or Defenses Under Policies

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Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer under the policy:

  1. Acknowledgment of the receipt of notice of loss or claim under the policy;
  2. Furnishing forms for reporting a loss or claim, for giving information relative to the loss or claim, or for making proof of loss or receiving or acknowledging receipt of any forms or proofs completed or uncompleted; or
  3. Investigating any loss or claim under any policy or engaging in negotiations looking toward a possible settlement of any loss or claim.

(Code 1933, § 56-2428, enacted by Ga. L. 1960, p. 289, § 1.)

RESEARCH REFERENCES

ALR.

- Subsequent denial of liability following promise or negotiations as affecting contractual limitation for action upon insurance policy, 3 A.L.R. 218.

Incontestable clause as affecting failure to comply with provisions as to proofs of loss, 41 A.L.R. 382.

Insurer's denial of or refusal to allow claim as waiver of right under policy to pay in lump sum or in installments, 94 A.L.R. 1176.

Insurer's assertion, before claim is made, that policy is ineffective as waiver of condition as to notice or proof of disability, 172 A.L.R. 636.

Right of contingent beneficiary to proceeds of life policy upon death of direct or primary beneficiary after death of insured, 172 A.L.R. 642.

Insurer's denial that insured has suffered disability as waiver of requirement that insured furnish periodic proof there, 173 A.L.R. 973.

Insurer's demand for additional or corrected proof of loss as waiver or estoppel as to right to assert contractual limitation provision, or as suspending running thereof, 15 A.L.R.2d 955.

Insurer's admission of liability, offers of settlement, negotiations, and the like, as waiver of, or estoppel to assert, contractual limitation provision, 29 A.L.R.2d 636.

Insurer's admission of liability, offers of settlement, and negotiations for adjustment or settlement, as waiver of proof of property loss, 49 A.L.R.2d 87.

Denial of liability as waiver of proofs of loss required by insurance policy, 49 A.L.R.2d 161.

Provisions of burglary or theft policy requiring losses evidenced by "physical damage to premises,", 22 A.L.R.3d 1305.

Insurance: necessity and sufficiency of notice of and hearing in proceedings before appraisers and arbitrators appointed to determine amount of loss, 25 A.L.R.3d 680.

Notice or proof of loss under one policy as notice or proof of loss under another provision of same policy or another policy issued by same insurer, 29 A.L.R.3d 856.

Nature and extent of insured's duty to seek retrieval of stolen automobile, 9 A.L.R.4th 405.

Liability insurer's postloss conduct as waiver of, or estoppel to assert, "no-action" clause, 68 A.L.R.4th 389.


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