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Sixty-Day Cure Period for Florida Civil Remedy Notice Starting at Filedatum Property Insurance Coverage Law Blog



An appeal court in Florida has decided that the 60-day cure period for a civil remedial notice begins when the policyholder submits the bail reminder notice – not when the insurance company receives a copy of it.

Civil actions Notices are submitted according to Fla. § 624.155, which stipulates the following:

(3) (a) As a condition precedent for making an action under this section, the department and the authorized insurer must have received a 60-day written notice of the infringement. If the department submits a non-specificity notice, the 60-day period shall not commence until a correct message has been submitted.

(c) Within 20 days of receipt of the notice, the Department may return a notice which does not provide the specific information required by this Section and shall specify the specific deficiencies in the notice. A decision by the department to revoke a non-specificity notice shall be exempt from the requirements of Chapter 120.

d) It shall not be taken if the damages are paid within 60 days of the notification or the circumstances giving rise to the infringement are corrected.

f) The applicable statute of limitations for an action under this section shall be paid for 65 days by the posting of the notice required by this paragraph or

(Emphasis added).

I Harper v. GEICO Ins. Co. No. 2D17-4987 (Fla. Ct. App. March 1, 2019), the policyholder filed a "Civil Remedy Notice" ("CRN") on December 18, 2013. GEICO agreed to pay the policyholder's policy of limitation of liability, and control and release were not received until February 21, 2014, -65 days after CRN was electronically archived with DFS and sent to GEICO.

GEICO claimed that the payment was on time under section 624.155 (3) (a) because it did not receive the CRN until December 26 and the payment was made within 60 days of that date. The Court of First Instance agreed with GEICO.

In appeal proceedings, the Court of Appeal declared that section 624.155 (3) (d) "clearly" states that "[n] o Action shall be taken if the damage is paid within 60 days of the notification or the circumstances causing the infringement are corrected." policyholder sends a CRN with DFS electronically and while DFS also requires the policyholder to print and send a paper copy of CRN to the insurance company, DFS considers that the form should "be archived" when the policyholder clicks on the "Send" button at the bottom of the electronic form.

Ultimately, the Court of Appeal held that the 60-day cure time "begins when CRN is electronically filed with [DFS] and to avoid bad faith action, the insurer must pay the claim or take corrective action within [60] days from the time the CRN is electronically filed . "

While Harper cas e deals with UM benefits, the same logic applies to insurance claims for the first party's property.


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