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Appraisal Does Not Toll 60 Day Period to Cure CRN

April 1, 2022

In Williams v. State Farm Florida Insurance Company, 2D20-2092, the Second DCA reversed summary judgment for the insurer in the insured’s first-party bad faith action, holding that the insurer’s invocation of appraisal and payment of the award after the expiration of the 60-day cure period on the insured’s CRN did not cure the alleged bad faith. The dispute arose from a claim for damage caused by lightning. After the insurer acknowledged coverage and made several payments, the insured disputed the amount of the loss, and the insurer invoked appraisal. During appraisal, the insured filed a CRN. Several months later, appraisal concluded and the insurer paid the amount of the award. In the bad faith action, the trial court found that the 60-day cure period was tolled by the appraisal. The Second DCA reversed, confirming other Florida courts’ holdings that nothing in the bad faith statute tolls the cure period until appraisal is completed. Read more here.

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