person may bring a civil action against an insurer when such
person is damaged:
a violation of any of the following provisions by the
the commission of any of the following acts by the
attempting in good faith to settle claims when,
under all the circumstances, it could and should
have done so, had it acted fairly and honestly
toward its insured and with due regard for her or
claims payments to insureds or beneficiaries not
accompanied by a statement setting forth the
coverage under which payments are being made; or
as to liability coverages, failing to promptly
settle claims, when the obligation to settle a claim
has become reasonably clear, under one portion of
the insurance policy coverage in order to influence
settlements under other portions of the insurance
Notwithstanding the provisions of the above to the
contrary, a person pursuing a remedy under this section
need not prove that such act was committed or performed
with such frequency as to indicate a general business
party may bring a civil action against an unauthorized
insurer if such party is damaged by a violation of s.
624.401 by the unauthorized insurer.
a condition precedent to bringing an action under this
section, the department and the authorized insurer must
have been given 60 days’ written notice of the
violation. If the department returns a notice for lack
of specificity, the 60-day time period shall not begin
until a proper notice is filed.
notice shall be on a form provided by the department and
shall state with specificity the following information,
and such other information as the department may
statutory provision, including the specific language
of the statute, which the authorized insurer
facts and circumstances giving rise to the
name of any individual involved in the violation.
to specific policy language that is relevant to the
violation, if any. If the person bringing the civil
action is a third party claimant, she or he shall
not be required to reference the specific policy
language if the authorized insurer has not provided
a copy of the policy to the third party claimant
pursuant to written request.
statement that the notice is given in order to
perfect the right to pursue the civil remedy
authorized by this section.
20 days of receipt of the notice, the department may
return any notice that does not provide the specific
information required by this section, and the department
shall indicate the specific deficiencies contained in
the notice. A determination by the department to return
a notice for lack of specificity shall be exempt from
the requirements of chapter 120.
action shall lie if, within 60 days after filing notice,
the damages are paid or the circumstances giving rise to
the violation are corrected.
authorized insurer that is the recipient of a notice
filed pursuant to this section shall report to the
department on the disposition of the alleged violation.
applicable statute of limitations for an action under
this section shall be tolled for a period of 65 days by
the mailing of the notice required by this subsection or
the mailing of a subsequent notice required by this
adverse adjudication at trial or upon appeal, the authorized
insurer shall be liable for damages, together with court
costs and reasonable attorney’s fees incurred by the
punitive damages shall be awarded under this section unless
the acts giving rise to the violation occur with such
frequency as to indicate a general business practice and
these acts are:
wanton, and malicious;
reckless disregard for the rights of any insured; or
reckless disregard for the rights of a beneficiary under
a life insurance contract.
who pursues a claim under this subsection shall post in
advance the costs of discovery. Such costs shall be awarded
to the authorized insurer if no punitive damages are awarded
to the plaintiff.
section shall not be construed to authorize a class action
suit against an authorized insurer or a civil action against
the commission, the office, or the department or any of
their employees, or to create a cause of action when an
authorized health insurer refuses to pay a claim for
reimbursement on the ground that the charge for a service
was unreasonably high or that the service provided was not
the absence of expressed language to the contrary, this
section shall not be construed to authorize a civil action
or create a cause of action against an authorized insurer or
its employees who, in good faith, release information about
an insured or an insurance policy to a law enforcement
agency in furtherance of an investigation of a criminal or
fraudulent act relating to a motor vehicle theft or a motor
vehicle insurance claim.
civil remedy specified in this section does not preempt any
other remedy or cause of action provided for pursuant to any
other statute or pursuant to the common law of this state.
Any person may obtain a judgment under either the common-law
remedy of bad faith or this statutory remedy, but shall not
be entitled to a judgment under both remedies. This section
shall not be construed to create a common-law cause of
action. The damages recoverable pursuant to this section
shall include those damages which are a reasonably
foreseeable result of a specified violation of this section
by the authorized insurer and may include an award or
judgment in an amount that exceeds the policy limits.
surety issuing a payment or performance bond on the
construction or maintenance of a building or roadway project
is not an insurer for purposes of subsection (1).