In this week’s Progressive American Insurance Company v. Gonzalez, a Florida state appellate panel provided additional clarity related to civil remedy notices and the notice necessary to insurers post-filing. In doing so, the court reversed a $25 Million judgment.
In Gonzalez, after being injured in a car accident and filing a UM/UIM claim with Progressive, plaintiff filed a civil remedy notice with the Florida Department of Financial Services (DFS). Gonzalez subsequently commenced a bad faith action, but without actually providing the civil remedy notice to Progressive until 15 days after suit was filed. Under Fla. Stat. § 624.155, a plaintiff must provide the DFS and the insurer 60 days’ written notice of an alleged violation. Nonetheless, the trial court decided that providing the civil remedy notice to the Department, who published the notice on its website, was sufficient notice. The trial court’s logic was that the carrier should be monitoring the website for these notices.
The appellate court disagreed; a reversal followed. Florida insurers are not required to monitor the Department’s website for civil remedy notices. Rather, plaintiffs must provide actual notice to their insurers.
Gonzalez underscores the legal requirement that Florida insurers be provided with the mandatory 60 days to assess – and respond – to civil remedy notices. Meanwhile, the panel reversed a $25 Million verdict in the trial court.