FL H0813

Written notice of loss is required as a condition precedent to filing a statutory or common-law bad-faith failure to settle claim against an insurer.

If an insurer receives a non-written communication about a claim, it must send a written request for information within 72 hours asking the insured or claimant to provide written notice of loss.

An insurer is not liable for bad-faith failure to settle if it timely provides the required disclosure statement under section 627.4137 and offers within 45 days of receiving written notice to pay either the claimant's demanded amount or the policy limits in exchange for a full release of liability.

The safe harbor provision protects insurers from bad-faith liability when they make a compliant settlement offer within 45 days of written notice.

The act takes effect July 1, 2013.