Georgia Code 33-3-28: Understanding Insurance Disclosure Requirements


In the realm of insurance claims and settlements, transparency and open communication are crucial. The state of Georgia has enacted a specific law, known as Georgia Code 33-3-28, to ensure that insurance companies and policyholders alike adhere to certain disclosure requirements. This code covers various types of insurance policies, including liability and casualty insurance coverage. This article will delve into the intricacies of this code, shedding light on its importance and the obligations it imposes on various parties involved in the insurance process.

What is Georgia Code 33-3-28?

Georgia Code 33-3-28 is a state law that governs the disclosure of liability insurance and casualty insurance policy information during the claims settlement process. It outlines the responsibilities of an insurer providing liability and policyholders in providing accurate and timely information regarding policy limits, excess insurance (or umbrella insurance), and other relevant details.

Understanding Insurance Coverage Under 33-3-28

Insurance coverage is at the heart of Georgia Code 33-3-28. This law ensures that policyholders and claimants have access to crucial information about the extent and limits of their coverage. Under this code, insurers must disclose details about liability and casualty policies, including the name of each insured and the specific limits of coverage. This transparency is vital for several reasons:

  1. It allows claimants to make informed decisions about pursuing claims
  2. It helps policyholders understand the full scope of their protection
  3. It streamlines the claims process by providing clear information upfront

By mandating these disclosures, 33-3-28 creates a more level playing field in insurance negotiations and disputes.

Importance of Insurance Disclosure Laws

Disclosure laws like Georgia Code 33-3-28 play a vital role in fostering transparency and fairness in the insurance industry. A claimant's request is crucial in ensuring that insurance companies provide necessary information within a specified time frame, thereby upholding the claimant's right to request specific details about their claim. By mandating the disclosure of key policy information, these laws aim to protect the rights of claimants and ensure that all parties involved have access to the necessary information to make an informed decision.

Insurance Claims and Disclosure Obligations

Liability Insurance

When dealing with liability insurance claims, insurance companies are required to disclose certain information to the claimant or their legal representative. This may include an insurer's claims manager stating, under oath, the details of each known policy of insurance issued by the insurer, including the name of the insurer, the name of each insured, and the limits of coverage. Additionally, this may include details about the policy limits, applicable deductibles, and any excess insurance insurance that may be available.

Casualty Insurance

Similar disclosure obligations apply to casualty insurance policies, which typically cover losses or damages resulting from accidents or unforeseen events. Insurers often use a declaration page to disclose the name of the insurer, the named insureds, and the coverage limits to the claimant upon request. Insurance companies must provide relevant policy information to the insured or claimant upon request.

Claimant Rights

Under Georgia Code 33-3-28, claimants have the right to be informed about the coverage available to the insured party upon submitting a written request. This information can be crucial in determining the appropriate course of action and ensuring that any settlements or awards are fair and reasonable.

Excess or Umbrella Insurance: Additional Protection Under 33-3-28

When discussing Georgia Code 33-3-28, it's crucial to understand the role of excess or umbrella insurance. These policies provide an extra layer of protection beyond the limits of standard liability coverage. Under 33-3-28, insurers must disclose the existence and details of any excess or umbrella policy that may apply to a claim. This requirement is significant because:

  • It ensures claimants are aware of all available coverage
  • It helps prevent situations where damages exceed known policy limits
  • It allows for more comprehensive settlement negotiations

Excess and umbrella policies can dramatically increase the total coverage available, making their disclosure under 33-3-28 a critical aspect of the claims process in Georgia.

Policy Limits and Excess Coverage

Disclosing Policy Limits

One of the key requirements of Georgia Code 33-3-28 is the disclosure of policy limits, including the name of each insured. Insurance companies must inform the claimant or their legal representative of the maximum amount of coverage available under the policy. This information is essential for managing expectations and negotiating settlements.

Excess Insurance

In cases where the insured has purchased excess insurance or an umbrella policy, such insurer must disclose this information as well. These additional layers of coverage can provide higher limits and broader protection, which may impact the settlement process.

Georgia Law: The Legal Framework of 33-3-28

Georgia law provides the foundation for Code 33-3-28, establishing a robust framework for insurance transparency and fairness. This statute is part of a broader legal landscape designed to protect consumers and regulate the insurance industry within the state. Key aspects of how Georgia law intersects with 33-3-28 include:

  1. Enforcement mechanisms for ensuring compliance with disclosure requirements
  2. Legal remedies available to claimants if insurers fail to disclose required information
  3. Integration with other state insurance regulations and consumer protection laws

Understanding the legal context of 33-3-28 is essential for both insurers operating in Georgia and policyholders seeking to navigate the claims process effectively.

Insured's Responsibilities

Cooperation with Insurers

While Georgia Code 33-3-28 primarily focuses on the obligations of insurance companies, insured parties also have a responsibility to cooperate and provide accurate information to their insurers. Failure to ensure such compliance may jeopardize their coverage or result in legal consequences.

Timely Disclosure

Both insurance companies and insured parties are expected to disclose relevant information in a timely manner. One method to ensure timely disclosure is through statutory overnight delivery, as required by Georgia law, for mailing a written request to an insurance company to obtain information about insurance policy limits or coverage. Delays or intentional withholding of information can lead to complications and potential legal disputes.

Penalties and Consequences

Failure to Disclose

Failure to comply with the disclosure requirements outlined in Georgia Code 33-3-28 can result in penalties and legal consequences for insurance companies and insured parties alike. Sending the required information via certified mail is a legally recognized method to ensure compliance and avoid such penalties. These may include fines, legal action, or the potential for coverage disputes.

Potential Legal Liabilities

In addition to penalties, non-compliance with Georgia Code 33-3-28 can expose insurance companies and insured parties to legal liabilities. Claimants may have grounds to pursue legal action if they believe they have been denied access to critical policy information or have been misled. Such compliance is essential to avoid these legal liabilities.

Navigating Georgia Insurance Laws

Seeking Legal Counsel

Given the complexities of insurance laws and regulations, it is advisable for both insurance companies and policyholders to seek legal counsel when navigating Georgia Code 33-3-28 and other relevant statutes. An insurer's claims manager stating the details of each known policy, including the insurance company name, the name of each insured, and the limits of coverage, is often required in response to a written request from the claimant. Experienced attorneys can provide guidance and ensure compliance with applicable laws.

Staying Informed on Updates

Insurance laws and regulations are subject to change over time. A declaration page, which may be updated, is often used by insurers to disclose the name of the insurer, the insured parties, and the coverage limits to the claimant upon request. It is crucial for all parties involved to stay informed about any updates or amendments to Georgia Code 33-3-28 and related legislation. Regularly consulting with legal professionals and industry resources can help ensure ongoing compliance.

Key Takeaways

  • Georgia Code 33-3-28 mandates the disclosure of any liability or casualty policy information during the claims settlement process.
  • Insurance companies must disclose policy limits, excess coverage, and other relevant details to claimants or their legal representatives upon receiving a written request.
  • Claimants have the right to be informed about the insurance coverage available to the insured party.
  • Both insurance companies and insured parties have responsibilities to cooperate and disclose information in a timely manner.
  • Failure to comply with Georgia Code 33-3-28 can result in penalties, legal consequences, and potential liabilities.
  • Seeking legal counsel and staying informed on updates are essential for navigating insurance disclosure laws in Georgia.

NavaQuote is an independent insurance brokerage located in Augusta, Georgia. NavaQuote is your insurance navigator and goes beyond just selling policies. We’re passionate about protecting you with personalized solutions and competitive rates. Whether you’re securing yourself or your family, our experienced team works tirelessly to find the perfect coverage. We’re not tied to any specific carrier, allowing us to shop around for the best options based on your unique needs.


What is the 33 3 28 law in Georgia?

The "33 3 28 law" in Georgia refers to a specific provision within the Georgia Code. Georgia Code 33-3-28 is a law that mandates specific insurance disclosure requirements in the state of Georgia. It outlines the obligations of insurers to disclose certain information to claimants, particularly in the context of liability and casualty insurance.

What is a third party bad faith claim in Georgia?

In Georgia, a third-party bad faith claim involves a situation where an insurance company fails to settle a claim within the policy limits on behalf of its insured, exposing the insured to liability beyond those limits. This type of claim typically arises from liability insurance policies, such as auto or homeowners insurance.

Does an insurance company have to disclose policy limits in GA?

In Georgia, insurance companies are required to disclose policy limits under specific circumstances. According to Georgia law (O.C.G.A. § 33-3-28), insurers must provide this information upon request under certain conditions.

Why are insurance disclosure laws important?

Insurance disclosure laws are important because they ensure transparency between insurers and claimants. This transparency helps claimants understand their rights, the extent of coverage, and any potential limits or excess coverage available, which is crucial for making informed decisions during the claims process.

What types of insurance are affected by Georgia Code 33-3-28?

The code primarily affects liability and casualty. These types of insurance policies cover claims related to personal injury, property damage, and other liabilities that the insured party may incur.

What are the insured's responsibilities under this code?

The insured must cooperate with their insurer by providing accurate information and assisting in the claims process. They are also responsible for ensuring that all required disclosures are made in a timely manner.

What are the minimum requirements for auto insurance in Georgia?

In Georgia, the law mandates drivers must have at least the following minimum auto insurance:

1. Bodily Injury Liability:

  • $25,000 per person
  • $50,000 per accident

2. Property Damage Liability:

  • $25,000 per accident