The Specificity requirements in Florida Statute §624.155 (aka the CRN Statute) must be strictly construed

Florida Statute § 624.155(1)(b)(1) provides for a cause of action against an insurer by any person damaged as a result of an insurer “[n]ot attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for his interest.” However, Florida Statute §624.155(3)(a) provides 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 ” and that the notice must state with specificity certain information.

 

Specifically, 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.

Section 624.155 uses the mandatory term “shall” when specifying both the form and the content of the CRN. Additionally, the statute repeatedly uses the word “specific” stating that the insured must state “specific” required information, i.e. specific language of the statute, specific provisions of the policy, and specific facts and circumstances giving rise to the violation.

 

Because Florida Statute §624.155 is in derogation of the common law, it must be and has been strictly construed by the courts. See Talat Enterprises, Inc. v. Aetna Cas. And Sur. Co., 753 So.2d 1278 (Fla. 2000).Therefore, failure to provide notice with the specificity and information required under the statute can result in a dismissal of a bad faith action. See Damase v. State Farm Florida Insurance Company, 351 So. 3d 136, 137 (Fla. 5th DCA 2022); See also Julien v. United Property and Casualty Insurance Co., 311 So. 3d 875 (Fla. 4th DCA 2021).