In Florida, a so-called "Bad Faith Statute" requires a Civil Remedy Notice of Insurer Violation as a condition precedent. Fla. Stat. § 624.155(3) (2009).
Following settled Florida case law, a Federal Court held in a First-Party case that failure to state a specific cure amount in what the Court called a "CRN" is not required in order to meet the Florida Statute's requirement of "specificity." Royal Marco Point I Condominium Ass'n v. QBE Insurance Corp., Download Royal Marco Point I Condominium Ass'n v. QBE Insurance Corp. (M.D. Fla. Case No. 2.07cv16, Memorandum Opinion Filed July 13, 2010)FREE ACCESS DOWNLOAD also published as 2010 WL 2757240 *3 (M.D. Fla. July 13, 2010)(Westlaw subscription required to access Westlaw). The Federal Court in that case denied the Defendant Insurance Company's Motion to Dismiss and its Motion for Summary Judgment.
In following this settled Florida rule of law, the Federal Court in this case joined a growing number of Courts and cases in both Third-Party and First-Party situations, which have addressed issues of the sufficiency of Florida Civil Remedy Notices of Insurer Violations in defense of alleged Statutory Bad Faith Claims. See generally Dennis J. Wall, "Litigation and Prevention of Insurer Bad Faith" §§ 5:1 (Introduction to Third-Party Insurer's Defenses, including to Alleged Statutory Bad Faith in Settlement), 5:23 (Introduction to Liability Insurer's Defenses, including to Alleged Statutory Bad Faith Claims in Failing or Refusing to Defend), 5:36 (Introduction to Defenses Raised by Liability Insurers in Alleged Inadequate Defense Cases) , 11:1 (Including Defenses to Alleged Statutory Bad Faith in First-Party Cases) (Shepard's/McGraw-Hill First Edition, West Publishing Company Second Edition and 2010 Supplement).
Please Read The Disclaimer.
Comments