DOREEN GOODEN AND
v.
PEOPLE'S TRUST INSURANCE COMPANY

Fla. 4th DCA | 2022-03-30
No. 2020-2760
Kuntz, J., Conner, C.J., Forst, J.
Florida District Court of Appeal, Fourth District (2022)

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Synopsis

Doreen Gooden sued her insurer, People's Trust Insurance Company, for bad faith under Florida law. The circuit court dismissed her complaint for failing to meet statutory specificity requirements in the civil remedy notice, but the appellate court reversed, finding her notice adequately identified the relevant statutory and policy provisions at issue.


Holding

Gooden's civil remedy notice facially satisfied section 624.155's specificity requirements because it cited nine statutory provisions and a single policy provision, listing only those relevant to her allegations. The dismissal was therefore reversed and the case remanded for further proceedings.


Headnotes

[1] A civil remedy notice for a bad faith claim against an insurer must meet the specificity requirements of section 624.155, Florida Statutes.

[2] A civil remedy notice satisfies specificity requirements when it lists only the statutory and policy provisions relevant to the alleged bad faith.

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Key Quotes

“Gooden's civil remedy notice cited nine statutory provisions and a single policy provision, listing only the statutory and policy provisions relevant to his allegations.”

Establishes that Gooden's notice was sufficiently focused and specific, distinguishing it from the overly broad notice in Julien.

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Facts & Procedural History

Gooden alleged that People's Trust acted in bad faith by violating nine provisions of Florida's insurance statutes. She provided a civil remedy notice…

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Opinion of the Court

KUNTZ, J.

Doreen Gooden and Winsett Brown filed a complaint against their insurer, People’s Trust Insurance Company, alleging bad faith under section 624.155, Florida Statutes (2018). The circuit court granted People’s Trust’s motion to dismiss, concluding Gooden’s civil remedy notice failed to meet section 624.155’s specificity requirements. We reverse.

Gooden alleged that People’s Trust acted in bad faith by violating nine provisions of sections 624.155 and 626.9541, Florida Statutes (2018). To cure, Gooden stated that People’s Trust must “tender all insurance proceeds owed to [her], as set forth in the Appraisal Award, for damages to [her] home, including interest, for the loss described herein.” People’s Trust responded to Gooden’s demand, raising multiple issues and defenses. Because People’s Trust did not cure in the manner demanded, Gooden filed suit. But citing Julien v. United Property & Casualty Insurance Co., 311 So. 3d 875 (Fla. 4th DCA 2021), the circuit court

dismissed the suit for failure to meet section 624.155’s specificity requirements.

In Julien, the civil remedy notice “listed nearly all policy sections and cited thirty-five statutory provisions.” 311 So. 3d at 879. Gooden’s civil remedy notice cited nine statutory provisions and a single policy provision, listing only the statutory and policy provisions relevant to his allegations. While People’s Trust raises multiple arguments in opposition to the merits of Gooden’s bad-faith claim, those arguments are best left for consideration on a motion for summary judgment. Those arguments do not support dismissing Gooden’s claim for failure to satisfy section 624.155’s specificity requirements.

Gooden’s notice facially satisfied section 624.155’s specificity requirements. So the circuit court’s order dismissing Gooden’s complaint for failing to do so is reversed, and the case is remanded for further proceedings.

Reversed and remanded.

CONNER, C.J., and FORST, J., concur.


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