Florida's Civil Remedy Notice: The Most Powerful Bad Faith Tool in Insurance Law

What Is a Florida Civil Remedy Notice?

A Civil Remedy Notice (CRN) is a formal notice filed with the Florida Department of Financial Services (DFS) that is a mandatory prerequisite to filing a bad faith lawsuit against an insurance company under Florida Statute §624.155. Before a policyholder or their representative can sue an insurer for bad faith, they must file a CRN with the DFS and give the insurer 60 days to cure the alleged violation.

For Florida public adjusters, the CRN is one of the most powerful tools available. The mere filing of a CRN signals to the carrier that bad faith litigation is imminent — and the 60-day cure period creates enormous pressure to settle the underlying claim. Many Florida claims that have been stalled for months resolve within weeks of a CRN being filed.

Florida Statute §624.155: The Bad Faith Framework

Florida Statute §624.155 establishes the civil remedy for bad faith insurance practices. Under this statute, a policyholder may bring a civil action against an insurer for:

• Not 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 their interests (§624.155(1)(b)(1))
• Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made (§624.155(1)(b)(2))
• Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage (§624.155(1)(b)(3))

If the insurer fails to cure the violation within 60 days, the policyholder may file a civil action. If successful, the policyholder can recover the full amount of any judgment in excess of the policy limits, plus attorney's fees and costs.

How to File a Civil Remedy Notice

A CRN must be filed with the Florida DFS using the official CRN form available at the DFS website (myfloridacfo.com). The notice must specify:

1. The statutory provision alleged to have been violated
2. The facts and circumstances giving rise to the violation
3. The name of the insured or beneficiary
4. The claim number
5. The insurer's name and address
6. The specific demand for cure

The CRN must be filed simultaneously with the DFS and served on the insurer. The 60-day cure period begins on the date the insurer receives the CRN. Florida public adjusters should file CRNs via the DFS online portal and keep a copy of the confirmation as evidence of the filing date.

The 60-Day Cure Period: What Happens Next

Once a CRN is filed, the insurer has 60 days to cure the alleged violation. "Cure" means paying the amount the insurer should have paid, plus any applicable interest. If the insurer cures within 60 days, the bad faith claim is extinguished — but the underlying claim is resolved. If the insurer does not cure within 60 days, the policyholder may file a bad faith lawsuit.

In practice, the 60-day cure period is often when the most significant movement on a claim occurs. Carriers who have been slow-walking a claim suddenly find the motivation to conduct a thorough reinspection, revise their estimate, and issue a supplemental payment. The CRN doesn't guarantee a cure, but it dramatically changes the carrier's calculus.

CRN Strategy for Florida Public Adjusters

The most effective CRN strategy involves several key elements:

1. File the CRN after exhausting the appraisal process. Florida courts have held that the appraisal process must be completed before a bad faith claim accrues. File the CRN after appraisal has been invoked and the award has been issued — or after the carrier has refused to participate in appraisal.
2. Be specific about the statutory violations. A vague CRN is easy to defend. A specific CRN that identifies the exact statutory provision violated, the specific conduct that violated it, and the dates of that conduct is much harder to ignore.
3. Calculate the damages precisely. The CRN should specify the amount the insurer should have paid, the amount actually paid, and the difference. Include the §627.70131 deadline violation if applicable.
4. Coordinate with the insured's attorney. While public adjusters can assist in preparing the factual basis for a CRN, the legal strategy should be coordinated with a Florida insurance attorney. The CRN is a legal document with significant consequences.

§627.70131: The 90-Day Claim Decision Deadline

Florida Statute §627.70131 requires insurers to pay or deny claims within 90 days after receiving notice of the claim. Failure to do so is itself a violation that can form the basis of a CRN. For Florida public adjusters, tracking the 90-day deadline is essential — it's often the clearest and most defensible basis for a CRN filing.

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Every demand letter, bad faith demand, and Civil Remedy Notice preparation checklist generated by PublicAdjusterTool for Florida claims includes the correct §624.155 language, the 60-day cure framework, and the §627.70131 deadline tracking. Generate your first Florida document free — no account required.

See also: How to Write a Bad Faith Demand Letter, How to Build a Claim Timeline for the Insurance Commissioner, Florida Public Adjuster Tools.

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