A Florida appellate court has ruled that the 60-day cure period for a Civil Remedy Notice begins when the policyholder files the Civil Remedy Notice – not when the insurance company receives a copy of it.… Continue Reading
A few days ago, I sent my video about Florida Consumer Complaints to an adjuster with a client who could not find the Florida Department of Financial Services Consumer Complaint information.… Continue Reading
Under some policies, appraisal is a post-loss condition. I have written about appraisal in prior posts. This post addresses the issue of whether appraisal moots a Civil Remedy Notice (“CRN”) or tolls the CRN’s sixty day cure period, allowing an insurer to circumvent bad faith litigation in most instances.… Continue Reading
On January 6, 2012, a trial judge in Hernando County, Florida, held that a specific monetary “cure amount” and specific policy language are not required in a Civil Remedy Notice. The filing of a Civil Remedy Notice is a condition precedent to bringing a statutory bad faith action under Florida Statute 624.155.… Continue Reading
Insurers and their policyholders are more frequently clashing over sinkhole claims, and the Florida Legislature seems to be weighing in on the insurers’ side. In this case, the policyholder won; his insurer paid the policy limits after a Civil Remedy Notice, and his claim for damages caused by the insurer’s lack of good faith in … Continue Reading
A recent and significant Order by Judge Stanley Mills discussed claims resolved through appraisal and complaints of improper claims conduct made through formal Civil Remedy Notices. The matter involved a sinkhole claim that took nearly three years before full payment was made. The State Farm policyholders spent thousands of dollars on experts and appraisal costs … Continue Reading
Dennis Wall‘s weekend post, Florida Civil Remedy Notice Insurer Violation Holding: "Sufficiently Specific" Requirement, raises an important issue concerning bad faith cases in Florida. While the Florida Supreme Court ponders common law obligations of good faith in a first party context, as discussed in A Confusing Oral Argument in QBE vs. Chalfonte Baffles the Florida Supreme … Continue Reading
