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Florida Fourth DCA finds that defendant insurer in bad faith case waived objection to technical defect in civil remedy notice by not raising defect in response to notice

On October 21, 2020, in Bay v. United Services Automobile Association, No. 4D19-3332, the Florida Fourth DCA reversed a trial court order dismissing a plaintiff’s bad faith complaint against the company that issued her homeowner’s insurance policy.  The trial court dismissed the complaint because the plaintiff had misidentified the insurer as “USAA Casualty Insurance Company” instead of “United States Automobile Association” or “USAA” in her civil remedy notice, which the trial court concluded rendered the civil remedy notice invalid under § 624.155, Florida Statutes (2017).  The Fourth DCA agreed that the misidentification failed to strictly comply with § 624.155, but concluded the circuit court erred in not finding that the insurer waived this argument by not raising the argument in its response to the civil remedy notice. The Fourth DCA cited as precedent Evergreen Lakes HOA, Inc. v. Lloyd’s Underwriters at London, 230 So. 3d 1 (Fla. 4th DCA 2017) (reversing order granting insurer’s motion for summary judgment, which had argued the insured had not timely served its civil remedy notice to the insurer, because the record indisputably established the insurer had received and responded to the civil remedy notice, without challenging the timing of its service).