FLORIDA CIVIL REMEDY NOTICE DURING APPRAISAL ALLOWED.

In a 1-1-1 decision in Landers v. State Farm Fla. Ins. Co., 234 So.3d 856 (Fla. 5th DCA 2018), three of Florida's appellate judges on the Fifth District Court of Appeal each separately addressed a single question:  Whether an insured under any given policy must wait until after completing the appraisal process provided for in that policy, before the insured can file a Civil Remedy Notice of Insurer Violation.  In Florida, the CRN is a precondition to suing under the Florida Bad Faith Statute, Section 624.155.

Although they wrote separately, the three judges agreed on one result, in essence, and that is to allow the insured to file a CRN even while an appraisal contemplated by the insurance policy is still pending.

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