Defended Insurer in Post-HB 837 Bad Faith Action

Defended a financial services insurer against statutory bad faith claims under Florida Statutes § 624.155. The matter was one of the first Florida actions to fully implement the post-HB 837 60-day cure period framework. The team developed and executed a Civil Remedy Notice analysis and pre-suit cure strategy under the new statutory regime. Summary judgment dismissed all bad faith claims and established favorable precedent on the procedural standards insurers must maintain to invoke HB 837's cure-period protections.

The HB 837 Cure Period Framework

Florida's HB 837, enacted in March 2023, reshaped statutory bad faith litigation under § 624.155. The reform added a 60-day pre-suit cure period following service of a Civil Remedy Notice. The new framework allows the insurer to cure the alleged violations and pay any owed amounts during the cure window. Compliance with the cure period operates as a defense to the bad faith claim. The mechanism was untested in litigation at the time of this matter's filing.

Pre-Suit Cure Strategy

The team executed a coordinated cure strategy upon receipt of the policyholder's Civil Remedy Notice. The Notice was analyzed for compliance with the statutory content requirements, evaluated against the underlying claim file, and matched against the insurer's prior coverage determinations. During the 60-day cure window, the team coordinated with the insurer's claim handling personnel to deliver a documented cure offer addressing each alleged violation. The cure correspondence was contemporaneous, comprehensive, and preserved a clear record for litigation.

Summary Judgment

The policyholder filed suit on expiration of the cure window. The team moved for summary judgment grounded in HB 837's cure-period defense and the documentary record establishing the insurer's compliance with the statutory requirements. The court granted summary judgment, dismissing all bad faith claims with prejudice. The ruling held that the insurer's documented cure response satisfied the statutory framework and foreclosed bad faith liability under the post-HB 837 regime.