BOONE v. STATE FARM FLORIDA INSURANCE COMPANY (2023)

District Court of Appeal of Florida, Sixth District.

James BOONE and Vivian Boone, Appellants, v. STATE FARM FLORIDA INSURANCE COMPANY, Appellee.

Case No. 6D23-1178

Decided: April 06, 2023

George A. Vaka and Nancy A. Lauten, of Vaka Law Group, Tampa, and Beaujeaux de Lapouyade, of Merlin Law Group, P.A., Tampa, for Appellants. Ezequiel Lugo, of Banker Lopez Gassler P.A., Tampa, for Appellee.

AFFIRMED.¹ See Julien v. United Prop. & Cas. Ins. Co., 311 So. 3d 875, 879, 880 (Fla. 4th DCA 2021) (affirming trial court's determination that plaintiff “failed to satisfy the requirement that the insured identify the specific statute and specific policy provision relevant to [the insurer]’s alleged violation” and rejecting plaintiff's argument that the Department of Financial Services’ “failure to return the civil remedy notice suggested the notice was legally sufficient” (footnote omitted)); see also Demase v. State Farm Ins. Co., 351 So. 3d 136, 138 (Fla. 5th DCA 2022) (aligning with Julien and concluding that under plain language of section 624.155, Florida Statutes, plaintiffs’ civil remedy notice was legally insufficient “even under the more lenient substantial compliance test”).

FOOTNOTES

1. This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

PER CURIAM.

COHEN, WOZNIAK, and SMITH, JJ., concur.

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