DFS Rule Workshop: Civil Remedy Form for Insurer Bad Faith Claimants

Jan 23, 2008

The Florida Department of Financial Services (“DFS”) is developing a new electronic civil remedy notice form for claimants to use when they notify DFS that they are alleging an insurer has committed statutory bad faith.

At a recent DFS Rule Development Workshop, members of the Florida Trial Bar asked that the form contain some type of acknowledgment that the insurer deems the information in the form sufficient to place the insurer on notice of the claim.

The Workshop Agenda and sample of the form is attached for your review.

To view the meeting notice and text of the Proposed Rule, click here.

The Trial Bar concern is that, after several years of litigation, an insurance company may use an insufficient notice as a defense to a bad faith action. In particular, the Trial Bar representatives were concerned about the language stating that DFS does not determine the validly of the alleged bad faith claim.

Toward the end of the hearing, the Trial Bar representative suggested simply deleting the statement (which appears on page five of the attachment herein).

DFS officials stated that they would need to examine the statutes that govern the form, and determine if they have authority to add some type of acknowledgment.

The record will remain open for comments until close of business, Tuesday January 29, 2008.

Should you have any comments or questions, please do not hesitate to contact this office.


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