Hurricane Ian aftermath (Orlando Sentinel)
Many jurisdictions have "bad faith statutes" which require the claimant to provide a Civil Remedy Notice of Insurer Violation of the statute, and which themselves provide a "cure period" within which the carrier can foreclose litigation over the alleged violation by "curing" it. The statutory "cure period" is not tolled in Florida when the carrier invokes a policy's appraisal provision after the policyholder has filed a Civil Remedy Notice (CRN). E.g., Apex Roofing & Restor., LLC v. State Farm Fla. Ins. Co., 343 So. 3d 1223, 1225 (Fla. 5th DCA 2022); Zaleski v. State Farm Fla. Ins. Co., 315 So. 3d 7, 12 (Fla. 4th DCA 2021), review denied & attorney's fees awarded, No. SC 21-707, 2021 WL 5292345 (Fla. Nov. 15, 2021).
Appraisal provisions and their role in generating as well as resolving claims, are discussed in Dennis J. Wall, § 2:7, Appraisal, in Volume 1 of John K. DiMugno, Steven Plitt, and Dennis J. Wall, CATASTROPHE CLAIMS (Thomson Reuters Dec. 2022 Edition).
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