The Condition Precedent for Filing a Civil Remedies Notice
Posted By Givens Givens Sparks || Aug 3, 2012
When addressing a Florida bad faith claim there are many strategic decisions to consider. One of these considerations is whether to file a Civil Remedies Notice. This decision can be dictated by the claim (or lawsuit) being litigated.
For instance, if the claim involves a First Party Claim (including but not limited tosinkhole, hurricane, fire, flood, etc.) then the bad faith claim is generally governed by statute. Specifically, Section 624.155(3)(a) of the Florida Statutes imposes a condition precedent upon pursing a statutory bad faith action.
The statute establishes that “as a condition precedent to bringing an action under this section, the department and the authorized insurer must have been given 60 days written notice of the violation”. Fla. Stat. 624.155. Subsection 624.155 (3)(d) provides that in the event the insurer pays the policy limits or otherwise corrects the circumstances giving rise to the violation then no bad faith action shall lie.
This condition precedent is also found in Florida case law, all of which establishes that in the context of a first party bad faith claim, the claimant (policy holder) must comply with the notice provisions (i.e. condition precedent) to establish or seek a bad faith action.