South Florida Personal Injury Lawyers Blog
A Florida appellate court recently handed a win to policyholders across the state. If your insurer wrongly denied your claim and you filed a civil remedy notice under state law, you may still move forward with a bad faith case even if your notice was not perfect. In a recent ruling, the Second District Court of Appeal held that when an insurance company fails to object to a civil remedy notice promptly, it cannot later use that notice as a defense.
This ruling allows the injured party to continue seeking damages. It confirms that insurers must follow deadlines just as claimants must follow statutory procedures. If your insurance company mishandled your claim and tried to avoid accountability by pointing to technicalities, this decision may change the outcome in your favor.
Understanding the Civil Remedy Notice Requirement
Before you file a lawsuit for bad faith under Florida Statutes Section 624.155, you must first submit a civil remedy notice. This notice alerts the insurance company that it has failed to settle a valid claim and gives it sixty days to correct the issue. Some insurance companies use this requirement as a shield, arguing that any mistake in the notice should bar a claim altogether.
In the Vachon case, the injured person filed the notice and then sued for bad faith after receiving no meaningful resolution. The insurance company moved for summary judgment, arguing that the notice lacked specific details. The court rejected that argument because the insurer never objected during the sixty-day cure period. That delay cost the insurer its chance to challenge the notice, and the case now returns to the trial court.
What This Means for Florida Claimants
The ruling confirms that timing matters. If an insurance company believes your civil remedy notice is flawed, it must raise that issue immediately. By remaining silent and waiting until litigation begins, the insurer waives that argument. This levels the playing field for individuals who follow the rules in good faith but may not have drafted the perfect notice.
For many Florida policyholders, this decision opens the door to legal relief. If your insurer acted unfairly, and you took the proper steps under the law, you may still hold that company responsible. Even if your notice lacked some detail, that mistake alone will not defeat your claim unless the insurer raised it on time.
Your Rights After a Wrongful Denial
If your insurance company delays payment, denies your claim without cause, or refuses to conduct a full investigation, it may have acted in bad faith. You do not need to accept their decision without review. Florida law allows you to demand accountability when a company prioritizes its own interests over yours.
After a denial, you should gather records, document your losses, and speak with an attorney who handles these types of cases. You may already be entitled to more than the initial payout, especially if the insurer failed to honor your contract or responded unfairly to your efforts.
Preparing a Strong Civil Remedy Notice
Although this court ruling provides some protection, it is still essential to exercise caution when preparing the notice. Your notice should explain what the insurance company did wrong, identify the type of claim involved, and describe what you believe would resolve the matter. The stronger your notice, the harder it will be for an insurer to avoid responsibility later.
Working with an attorney ensures your notice meets the requirements while also supporting your case. An accurate and timely filing often leads to faster results, and it helps prevent avoidable legal disputes over formatting or content.
Accountability for Insurance Misconduct
Insurers have a duty to respond in a timely and reasonable manner at every stage of a claim. Missing critical deadlines or ignoring a civil remedy notice during the cure period can lead to further legal action. If your claim was denied and the insurer failed to respond within the required timeframe, you may still have the right to pursue compensation.
Policyholders across Florida now have stronger protection. Courts will not reward insurers who wait silently and then use paperwork against the people they promised to cover. This ruling gives families and individuals a path forward when the insurance process breaks down.
Call Friedman Rodman Frank & Estrada to Discuss Your Bad Faith Insurance Case
If your insurance company denied your claim without a valid reason or refused to respond after you filed a civil remedy notice, you may have the right to bring a bad faith lawsuit. The attorneys at Friedman Rodman Frank & Estrada, P.A. understand how Florida courts apply the law and how to hold insurance companies accountable.
Call 877-448-8585 today to schedule a free consultation. Learn how your rights can be enforced and what steps to take to protect your claim. Let an experienced legal team stand beside you while you demand the full compensation you deserve.