Written Notice by Insurer to Claimant of Payment of Claim in Third-Party Settlement

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  2. Georgia Code
  3. Insurance
  4. Insurance Generally
  5. General Provisions
  6. Written Notice by Insurer to Claimant of Payment of Claim in Third-Party Settlement

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  1. Upon the payment of $5,000.00 or more in settlement of any third-party liability claim, where the claimant is a natural person, the insurer or its representative shall provide written notice to the claimant at the same time payment is made by draft, check, or otherwise by such insurer or its representative, including the insurer's attorney, to the claimant's attorney or other representative of the claimant.
  2. Nothing in subsection (a) of this Code section shall:
    1. Create, or be construed to create, a cause of action for any person or entity, other than the Commissioner, against the insurer or its representative based upon a failure to serve such notice or the defective service of such notice;
    2. Establish, or be construed to establish, a defense for any party to any cause of action based upon a failure by the insurer or its representative to serve such notice or the defective service of such notice; or
    3. Invalidate or in any way affect the settlement for which the payment was made by the insurer.

(Code 1981, §33-24-41.2, enacted by Ga. L. 1993, p. 1048, § 1; Ga. L. 1994, p. 97, § 33; Ga. L. 2019, p. 386, § 50/SB 133.)

The 2019 amendment, effective July 1, 2019, substituted the present provisions of subsection (b) for the former provisions, which read: "Nothing in subsection (a) of this Code section shall create, or be construed to create, a cause of action for any person or entity, other than the Commissioner of Insurance, against the insurer or its representative based upon a failure to serve such notice or the defective service of such notice. Nothing in subsection (a) of this Code section shall establish, or be construed to establish, a defense for any party to any cause of action based upon a failure by the insurer or its representative to serve such notice or the defective service of such notice. Nothing in subsection (a) of this Code section shall invalidate or in any way affect the settlement for which the payment was made by the insurer."


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