CRN is defective if it does not comply with requirements of Florida Statute 624.155

Florida Statute 624.155, provides:

(3)(a) 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. Notice to the authorized insurer must be provided by the department to the e-mail address designated by the insurer under s. 624.422.

(b) The notice shall be on a form provided by the department and shall state with specificity the following information, and such other information as the department may require:

1. The statutory provision, including the specific language of the statute, which the authorized insurer allegedly violated.
2. The facts and circumstances giving rise to the violation.
3. The name of any individual involved in the violation.
4. Reference to specific policy language that is relevant to the violation, if any. If the person bringing the civilaction is a third party claimant, she or he shall not be required to reference the specific policy language if the authorized insurer has not provided a copy of the policy to the third party claimant pursuant to written request.
5. A statement that the noticeis given in order to perfect the right to pursue the civilremedy authorized by this section. (emphasis added).

 

Courts have found that a CRN is defective if it fails to comply with these requirements. Specifically, courts have found that a CRN is defective if it 1) fails to name the correct insurer and/or 2) fails to meet the specific requirements under the statute. See Lopez v. Geico Cas. Co., 968 F. Supp. 2d 1202 (S.D. Fla. 2013); See also See Damase v. State Farm Florida Insurance Company, 351 So. 3d 136, 137 (Fla. 5th DCA 2022).

 

In Lopez, the court granted a motion to dismiss a bad faith complaint because the insured failed to file a civil remedy notice with the correct automobile insurer as required under Florida law for insured to bring suit against insurer for bad faith failure to settle. Although the insured filed a notice against Government Employees Insurance Company, she did not file a notice against her correct insurer, Geico Casualty Company, and the policy’s declarations page, which insured received every time there was a change in her policy, clearly identified “Geico Casualty Company” as her insurer.

 

In Demase, the insured’s CRN alleged that State Farm violated fifteen statutes and twenty-two administrative regulations and implicated the whole policy in the section requesting the insured to “specify policy language that is relevant to the violation.” The Fifth DCA found that Demase failed to substantially comply with the specificity standard in the statute, and this was more than a mere technical defect.

 

Therefore, if you receive a CRN, make sure that you review it for these deficiencies and raise the deficiencies in your response.