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Florida Fourth DCA reverses trial court’s dismissal of bad faith complaint for alleged failure to provide sufficient specificity in civil remedy notice

On March 30, 2022, in Gooden v. People’s Trust Insurance Company, No. 4D20-2760, the Florida Fourth DCA reversed a trial court’s dismissal of a bad faith complaint filed by an insured against their insurance company. The plaintiff alleged in their civil remedy notice that the insurance company acted in bad faith by violating nine provisions of Fla. Stat. §§ 624.155 and 626.9541. The trial court dismissed the suit after concluding that the civil remedy notice failed to meet § 624.155’s specificity requirements, citing Julien v. United Property & Casualty Insurance Co., 311 So. 3d 875, 879 (Fla. 4th DCA 2021), in which the Fourth DCA found a civil remedy notice deficient which “listed nearly all policy sections and cited thirty-five statutory provisions.” The Fourth DCA distinguished this case from Julien, noting that the plaintiff in this case listed only the statutory provisions and policy provisions (one) which were relevant to his allegations.