Civil Remedy Notice – First Step to Preserving Bad Faith Claim

The first prerequisite to any statutory bad faith claim in Florida is filling out and submitting the Civil Remedy Notice per Florida Statute s. 624.155.  Any first party bad faith claim has to be a statutory claim so filling out and submitting this Civil Remedy Notice is a must.  A claimant or insured should consult with counsel before filling out and submitting this Civil Remedy Notice to ensure it complies with the statutory requirements. While substantially complying with the requirements may be acceptable if the insurer is on notice of the violations giving rise to the alleged bad faith (as this article explains), it is always best to strictly comply to take away that argument from the insurer. 

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

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