State RegulationsGA specificDifficulty 3/5
Under O.C.G.A. § 33-6-33, when does one of the enumerated practices in Georgia's unfair claims settlement article violate the law?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under O.C.G.A. § 33-6-33, the enumerated practices in O.C.G.A. § 33-6-34 violate the unfair claims settlement article when committed with such frequency as to indicate a general business practice. The statute targets patterns of misconduct rather than isolated, inadvertent slips, though the Insurance Commissioner remains free to investigate any complaint about claim handling.
Why the other options are wrong
- A) A single inadvertent occurrence does not by itself establish the violation; the frequency standard looks for a pattern indicating a general business practice.
- B) No advance written warning from the Commissioner is a precondition to a violation — the frequency of the practice itself supplies the trigger.
- C) The statute requires no showing of actual malice; the test is the frequency of the practice, not the insurer's state of mind toward a particular claimant.
Memory hook
Pattern, not one-off — general business practice is the trigger.