Civil Remedy and Required Legal Notices

The Civil Remedy Notice is intended for use by parties who are beginning the process of filing suit against an insurer, when a party feels they have been damaged by specific acts of the insurer. The Notice is intended to meet a portion of legal requirements set forth in Section 624.155, Florida Statutes, which requires a party to file Notice with the Department of Financial Services (DFS) via the online Civil Remedy filing system at least 60 days prior to bringing an action against the insurer. The DFS does not involve itself in the pre-suit negotiations or communications related to Notices as such actions are not within the scope of its statutory authority.

Property Insurance Intent to Initiate Litigation

When a party reaches the point of filing legal actions against an insurer, related to a property insurance policy, they must first submit notice of their intent to initiate litigation pursuant to the process prescribed in Section 627.70152, Florida Statutes. Under Florida Law, the Chief Financial Officer receives and transmits this notice to the insurer. The Department of Financial Services (DFS) does not involve itself in the litigation filed pursuant to this statute and this program is not intended for consumers seeking the assistance of the DFS.

Service of Process

When a party reaches the point of filing legal actions or proceedings against an insurer, they must proceed pursuant to the process prescribed in Florida Section 624.422, Florida Statutes. Under Florida Law, the Chief Financial Officer is designated to receive service of all legal process issued against a licensed insurer for any civil action or legal proceeding in the state. The Department of Financial Services (DFS) does not involve itself in the litigation filed pursuant to this statute and this program is not intended for consumers seeking the assistance of the DFS.