A recent case has shown the significance for insurers to identify and raise every deficiency in responding to a “civil remedy notice,” or CRNs, in defending against an insurance bad faith claim. When the requirements outlined in Florida Stat. Section 623.155 are not expressly followed, insurers must diligently raise every technical defect with the CRN and not substantively respond, or otherwise they risk waiving such argument at the motion to dismiss stage.

In Pin-Pon v. Landmark American Insurance, No. 2-cv-14013 (S.D. Fla. Jun. 5, 2020), Pin-Pon Corp. filed three CRNs over the course of eight years, and each were deficient in some fashion.

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