Florida Bad Faith Insurance Claims and Civil Remedy Notice Requirements: Zeidwig Law Insight
Navigating the complexities of insurance claims can be challenging, especially when policyholders encounter unjustified denials or delays from their insurers. In Florida, statutes provide mechanisms to address such situations, notably through the filing of a Civil Remedy Notice (CRN). At Zeidwig Law, under the leadership of seasoned trial attorney Gary M. Zeidwig, we are dedicated to educating our clients about their rights and advocating for those affected by bad faith insurance practices.
Understanding Bad Faith Insurance Claims in Florida
Insurance companies have a legal obligation to act in good faith, which includes promptly and fairly processing claims. When an insurer unreasonably refuses to pay a legitimate claim, fails to investigate properly, or does not communicate pertinent information, they may be acting in bad faith. Florida Statute § 624.155 empowers policyholders to pursue legal action against insurers who violate these obligations.
The Role of the Civil Remedy Notice (CRN)
Before initiating a bad faith lawsuit in Florida, policyholders are required to file a CRN with the Florida Department of Financial Services (DFS). This notice serves as a formal complaint, detailing the insurer's alleged violations and providing them with a 60-day window to address and rectify the issues. The CRN must include specific information:
· Statutory Violations: Citing the exact provisions of Florida law that the insurer has allegedly breached.
· Factual Background: A detailed account of the circumstances leading to the complaint.
· Individuals Involved: Names of any representatives from the insurance company associated with the alleged misconduct.
· Policy Language: References to the specific sections of the insurance policy pertinent to the violation.
· Purpose Statement: A clear declaration that the notice is intended to perfect the right to pursue the civil remedy authorized by statute.
Filing a CRN is a critical step, as it offers the insurer an opportunity to 'cure' the alleged bad faith conduct within the 60-day period, potentially resolving the dispute without litigation.
Recent Legal Developments
A notable appellate decision in Florida emphasized the importance of timely objections by insurers regarding the specificity of CRNs. In this case, the insurer's failure to promptly address alleged deficiencies in the CRN resulted in the waiver of their right to contest its adequacy later in the litigation process. This ruling underscores the necessity for both policyholders and insurers to adhere strictly to procedural timelines and requirements in bad faith insurance claims.
How Zeidwig Law Can Assist
At Zeidwig Law, we specialize in representing clients who have encountered bad faith practices by their insurance providers. Our services include:
· Case Evaluation: Assessing the merits of your claim and determining the viability of a bad faith action.
· CRN Preparation and Filing: Assisting in the accurate and timely completion of the Civil Remedy Notice.
· Negotiation: Engaging with insurance companies during the 60-day cure period to seek a fair resolution.
· Litigation: If necessary, pursuing legal action to hold insurers accountable and secure compensation.
Contact Zeidwig Law
Phone: (954) 523-3993
Address: 4849 N Dixie Hwy, Ste 103 & 104, Fort Lauderdale, FL 33334
Website: www.zeidwiglaw.com
*Note: This article is for informational purposes only and does not constitute legal advice. For personalized legal guidance, please contact our office directly.*