Travelers total-loss offers in Georgia: how the appraisal clause works

Georgia regulates first-party automobile total losses through three layered authorities: the unfair-claim-practices statute at O.C.G.A. § 33-6-34, the bad-faith civil-remedy statute at O.C.G.A. § 33-4-6, and the closed-list valuation rule at Ga. Comp. R. & Regs. R. 120-2-52-.06. Ga. Comp. R. & Regs. R. 120-2-52-.06 — Total Loss Vehicle Claims: (a) Cash Equivalent Method. The insurer may elect to pay a cash equivalent settlement based upon the actual cost (less any deductible) to purchase a comparable automobile by the same manufacturer, same model year, with similar body style, similar options and mileage, including all applicable taxes, license fees and other fees incident to the transfer of ownership. Such cost shall be based on one or more of the following methods: 1. The cost of two or more comparable automobiles in the local market area, defined as fifty (50) miles from the county seat where the insured vehicle was principally garaged, when comparable automobiles are available or were available within the last thirty (30) days to consumers in the local market area. Sources may include dealer's sales price, any established printed automobile sales publication or newspaper. 2. The cost of two or more comparable automobiles in areas proximate to the local market area, defined as one hundred (100) miles from the county seat where the insured vehicle was principally garaged, when comparable automobiles are not available in the local market area. 3. One of two or more quotations obtained by the insurer from two or more licensed dealers located within the 50-mile local market area, used when methods (1) and (2) are unavailable. 4. Any source for determining statistically valid fair market values that meets specific coverage and data requirements (electronic or printed format), giving primary consideration to vehicles in the local market area. The database used must cover at least 85% of all makes and models for at least the last fifteen (15) model years. (b) Replacement Vehicle Method. If the insurer elects to replace the vehicle, the replacement must be comparable in manufacturer model, same or newer model year, similar body style, similar options and mileage, in good overall condition, and available for inspection within fifty (50) miles of the insured's residence. O.C.G.A. § 33-6-34 — Unfair Claims Settlement Practices. The statute prohibits fourteen specific acts when committed "flagrantly and in conscious disregard of this article" or "with such frequency so as to indicate a general business practice," including: knowingly misrepresenting policy provisions; failing to acknowledge claim communications promptly; failing to adopt procedures for prompt investigation and settlement; not attempting in good faith to effectuate prompt, fair, and equitable settlement when liability is reasonably clear; compelling insureds to litigate by offering substantially less than amounts ultimately recovered; refusing to pay claims without conducting a reasonable investigation; and failing in writing to provide a reasonable and accurate explanation of the basis for a denial or compromise offer when requested. O.C.G.A. § 33-4-6 — Civil Remedy for Bad Faith. Section 33-6-34 itself does not create a private right of action, but O.C.G.A. § 33-4-6 does. Where (1) the claim is covered, (2) the insurer refuses to pay within 60 days of a written demand for payment prior to suit, and (3) the refusal is motivated by bad faith, the policyholder may recover the loss plus up to 50% of the liability of the insurer (or $5,000, whichever is greater) plus reasonable attorney's fees.