Many jurisdictions have "bad faith statutes" which require the claimant to provide a Civil Remedy Notice of Insurer Violation of the statute, and which 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).[1]
[1] 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).
Statutory and Common Law requirements concerning Civil Remedy Notices, addressed mostly in first-party cases, are set forth in 2 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH § 9:21 (West Publishing Co. 3d Edition, 2023 Supplements in process). Decisions in third-party cases are discussed in 1 id., § 3:30.