There Is a Newer Version
of
the Georgia Code
2006 Georgia Code - 8-2-40
8-2-40. (a) If a claimant accepts an offer made in
compliance with this part and the contractor fulfills the offer in
compliance with this part: (1) The claimant shall thereafter be barred from
bringing an action for the claim described in the notice of claim;
and (2) A
contractoŕs
performance of repairs or payment of money to a claimant made
pursuant to this Code section shall not, by itself, create
insurance coverage or otherwise affect the mutual rights and
obligations of the parties under a contractoŕs
liability insurance policy or, by itself, be considered a voluntary
payment of an otherwise valid insured loss. (b) An insurer paying a claim under this part
shall be subrogated to the rights of the claimant to whom the
amounts were paid against the person causing the construction
defect, damages, or other reason for payment to the extent that
claim payments were made, except that the insurer shall be required
to pay any applicable part of costs, expenses, and
attorneyśfees
incurred in connection therewith.
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