All About Civil Remedy Notices

One of the many jobs of your personal injury attorney is ensuring that you are treated fairly by insurance companies, especially your own. A Civil Remedy Notice (CRN) is a critical step in Florida insurance law that provides a formal notice to an insurance company, filed by your Florida personal injury attorney that a policyholder intends to file a bad faith claim against them.

Civil Remedy Notices

A Civil Remedy Notice, or "CRN" is a mandatory document filed with the Florida Department of Financial Services (FDFS).
This government agency oversees the insurance industry in accordance with the provisions of the Florida Insurance Code.
Its role includes providing licenses to insurance companies and agents, regulating insurance policies and rates, and serving consumers through education and complaint resolution
It must be submitted at least sixty (60) days prior to initiating a bad faith lawsuit against an insurer.
A bad faith lawsuit may be brought on your behalf against an insurer if you believe your insurer has unreasonably denied your valid insurance claim or acted in a manner that violates your rights under the insurance policy.
The CRN alerts the insurer to potential legal action and provides an opportunity for resolution before escalating to court proceedings.

Why is a Civil Remedy Notice (CRN) NeEDED?

Insurance Claims Evaluation:

When you file an insurance claim (for example, an uninsured motorist claim), your insurer evaluates it.
Unfortunately, insurers don’t always act in good faith during this process.

Bad Faith:

Florida statutes define what constitutes “bad faith” in Chapter 624.155.
Insurers are required to settle claims fairly, honestly, and with due regard for their insureds’ interests.
If an insurer fails to do so, a bad faith claim may arise.

Purpose of CRN:

Before pursuing a bad faith case against your own insurer, a CRN must be filed.
After the passage of HB 837 in 2023 consumers may consider filing a CRN against the liability insurance carrier for an at-fault third party when that carrier acts in bad faith.
This notice gives the insurer a chance to address the issues raised.

PROCESS of Serving a Civil Remedy Notice (CRN)

Timeframe:

After filing a CRN, the mandatory waiting period of 60 days serves several important purposes:

Opportunity for Resolution:

The waiting period allows the insurer time to review the CRN and address any concerns raised by the policyholder.
It provides an opportunity for the insurer to rectify any potential bad faith actions or unfair practices.

Good Faith Effort:

By waiting for 60 days, the policyholder demonstrates a good faith effort to resolve the dispute without immediately resorting to legal action.
It encourages communication and negotiation between the parties.

Legal Requirement:

Florida law mandates this waiting period under Section 624.155.
It ensures that policyholders follow the prescribed process before pursuing a bad faith lawsuit.

During these 60 days, the insurer may choose to address the issues raised in the CRN, potentially avoiding the need for further legal proceedings.

If the insurer ignores or denies the CRN during this period, you can proceed with legal action.

Legal Action:

After the 60-day waiting period, if the insurer remains unresponsive or fails to address the policyholder’s concerns, the policyholder has the legal right to take action. After consultation with your attorney, we decide together when and what action to take.

On day sixty-one, we can initiate a bad faith lawsuit against the insurer. Such lawsuits go beyond seeking mere compensation for injuries; they also aim to hold the insurer accountable for any unfair practices or wrongful denial of valid claims.

In these cases, we fight for additional damages to ensure justice and deter future misconduct by insurers.

When you've been injured in an accident, you expect to be dealt with fairly by your insurance company. After all, that's why you've paid your premiums. The attorneys of The Bulger Firm are here to hold the insurance companies accountable and fight to get you the compensation you deserve. Call us today at 904-608-3694.