Amendment to Florida Statute 624.155
Effective July 1, 2020, a Civil Remedy Notice of Insurer Violation must be provided by the Department of Financial Services to the e-mail address designated by the affected insurer. No bad faith action shall lie “if, within 60 days after the insurer receives notice from the department in accordance with this subsection, the damages are paid or the circumstances giving rise to the violation are corrected.” Prior to the amendment, there was no requirement that the department send the Civil Remedy Notice to the insurer. This amendment is for the purpose of ensuring that the affected insurer receives actual notice of the Civil Remedy Notice when it is filed. Contact Shareholder Jane Anderson for further information.
Change in Appellate Jurisdiction
Effective January 1, 2021, Florida’s circuit courts will no longer have jurisdiction over the majority of appeals from county court orders and judgments. These appeals will now be heard by the district courts of appeal. However, circuit courts still retain jurisdiction to entertain appeals from final administrative orders of local code enforcement boards and to hear appeals and review other matters as provided by general law. The Rules Committee is in the process of proposing rules to submit to the Florida Supreme Court to effectuate this change. This will likely bring a big change in certain types of cases, such as auto-glass or PIP litigation. Contact Shareholder Kansas Gooden for further information.