A Federal Court has found a Civil Remedy Notice of Insurer Violation ("CRN") in compliance with Florida Statute Section 624.155 which requires it. The First-Party Bad Faith Claim in that case concerned alleged failure to Settle Uninsured (here, Underinsured) Motorist Coverage. Lisagail O'Leary and Kevin O'Leary v. First Liberty Insurance Corp., Download Lisagail O'Leary and Kevin O'Leary v. First Liberty Insurance Corp. (M.D. Fla. Case No. 8.10cv1625, Order Filed Sept. 14, 2010) PUBLIC ACCESS also published as 2010 WL 3610446 (M.D. Fla. September 14, 2010)(Westlaw subscription required to access Westlaw). The CRN at issue there was reprinted in pertinent part by the Federal Court. O'Leary v. First Liberty Insurance Corp., 2010 WL 3610446 at *1.
The Federal Judge denied the U.I.M. Carrier's Motion to Dismiss in that case because the CRN:
(1) identifies the "complainant" as the "insured," (2) lists Lisagail O'Leary as the name of the "insured," (3) identifies Kevin O'Leary as a "claimant," (4) identifies both Lisagail's policy number and the number that the insurer assigned to Lisagail's claim, (5) states that Lisagail sustained injuries in a "collision in which the other party was at fault and under-insured," (6) quotes the relevant policy language that provides coverage to the plaintiffs for bodily injury resulting from a collision with an under-insured motorist, (7) paraphrases the statutory language by saying that the insurer failed to settle the claim in good faith, and (8) otherwise contains all of the statutorily required information.
Id. at *3.
Please Read The Disclaimer.
Very, very nicely done!
Posted by: supra shoes | October 17, 2011 at 12:42 PM