Insurance Litigation Against an Insurance Company: The Overall Picture
A dispute with an insurance company usually begins when the insurer fails to pay compensation, pays only in part, or terminates the insurance contract after the insured event has occurred. The adjudication of such disputes is governed by the Civil Procedure Code of Georgia, and command of the procedural rules often determines whether your claim succeeds already at first instance. The substantive grounds form a separate layer; this page is about the court trajectory itself, from the statement of claim to the appeal.
Contents of the Statement of Claim and Attached Documents
Article 178 of the Procedure Code prescribes what a statement of claim must contain: the name of the court; the names of the claimant, representative, defendant, witnesses and other summoned persons, with addresses, telephone numbers and email addresses; the subject of the dispute; the price of the claim; the facts and circumstances relied on; the evidence; the demand; and its legal grounds. A claim filed by a legal entity, entrepreneur or representative must indicate an email address and telephone number.
The claim must be accompanied by the representative's authority, the original proof of state fee payment, and every piece of evidence mentioned in the claim unless submission is impossible for a valid reason. As many copies must be presented as there are defendants. The claim may also invoke the European Convention on Human Rights and the case law of the European Court of Human Rights.
Registration of the Claim and Grounds for Formal Rejection
On filing, the court chancellery registers the claim and, where it is filed against a legal entity, hands the claimant copies of the claim and attachments for delivery to the defendant. Under Article 183, the claim is not registered if: it is not submitted in the approved form; mandatory requisites are missing; the proof of state fee payment is not attached; a document listed in the annexes is missing; the representative's authority is not attached; the claim is unsigned; or fewer copies are submitted than there are defendants. The list is purely formal — at this stage the court does not assess the merits, and the first risk in an insurance dispute is often technical: a missing fee original, a mismatched number of copies, an omitted requisite. The confirmation of delivery of the shipment to the defendant remains decisive later, since its absence is one of the grounds for leaving the claim unexamined.
Interim Measures Securing the Claim
In a dispute with an insurance company, securing the claim is especially important, because the defendant often has time to release assets. Under Article 198, the interim measure is chosen by the court in accordance with the claimant's application. The measures include: seizure of the defendant's property, securities or funds; prohibiting the defendant from performing certain actions; prohibiting third parties from transferring property to the defendant; suspending the operation of a disputed act of a state body; and other measures where necessary to secure the claim.
The law also allows several measures to be applied simultaneously where necessary. Notably, the Constitutional Court has declared certain normative content connected with seizure and sequestration invalid, on the reasoning that securing must not exceed the harm caused to the opposing party — an application for interim relief must be framed with proportionality in mind.
Leaving the Claim Unexamined and the Appeal
Article 275 establishes when the court leaves a claim unexamined, on a party's application or on its own initiative. The grounds include: the claim was filed by a person without authority to conduct the case; an identical case is already pending between the same parties, subject and grounds; neither party appeared at the hearing; the claimant failed to submit confirmation of delivery of the shipment to the defendant within the set time; proof of payment of a reduced state fee was not submitted in time; and no motion to resume proceedings was filed within ten days after the period allotted for court mediation. The court may also leave a claim unexamined where an address was indicated incorrectly.
A first-instance decision may be appealed by the parties and by third parties with an independent claim, within the statutory period, to the appellate court. In insurance disputes the appeal usually concerns the amount of compensation and the interpretation of the contract, which is why the evidentiary record at first instance must be complete from the outset.
Frequently Asked Questions
Below we summarize the questions most often asked about insurance litigation.
What must a claim against an insurance company contain?
The claim indicates the court, the parties' names and addresses, the subject and price of the dispute, the facts, the evidence, the demand and its legal grounds. The attachments are the representative's authority, the original proof of the state fee, and as many copies of the claim as there are defendants.
When is a claim not registered?
When formal requirements are breached: the approved form, mandatory requisites, the fee original, a listed document, the signature, or the number of copies. These are content-neutral defects that can be cured by re-filing.
Can the insurance company's assets be seized?
Yes. As an interim measure, the court may, on the claimant's application, seize the defendant's property, securities or funds and prohibit certain actions. Where necessary, several measures may be applied simultaneously.
What happens if the court leaves the claim unexamined?
Leaving unexamined follows from a specific defect listed in the law — for example, missing delivery confirmation or the fee document. Once the defect is cured, the claim can be refiled, and the ruling can be appealed.
How We Help on Legal.ge
On Legal.ge we prepare the full court package for insurance disputes: we determine the subject and price of the claim, assemble the evidence, draft the claim in compliance with the Procedure Code, obtain interim measures and carry the case to appeal. If your insurer has refused compensation, contact us — we will assess the prospects and plan the steps.