Filing Number: 604239
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| Filing Accepted: 1/10/2022 |
| Last/Business Name
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LEE JR.
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First Name |
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STEVEN |
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| Street Address
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6040 US-17 |
| City, State Zip
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GREEN COVE SPRINGS,
FL
32043
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| Email Address
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EVIESTEPHENS33@GMAIL.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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LEE JR. |
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First Name |
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STEVEN |
| Policy # * |
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55PHG202365 |
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Claim #* |
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Y90AF09131 |
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Attorney is Applicable
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| Last Name* |
IANNUCCI
First Name *
NICOLAS
Initial
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| Street Address* |
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76 S LAURA ST. SUITE 1100 |
| City, State Zip* |
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JACKSONVILLE
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FL
32202
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| Email Address * |
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NIANNUCCI@FORTHEPEOPLE.COM |
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| Insurer Type
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 Authorized Insurer
 Unauthorized Insurer
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| Insurer Name |
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| Insurer Name* |
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HARTFORD UNDERWRITERS INSURANCE COMPANY
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| Insurer Name* |
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| Street Address* |
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| City, State Zip* |
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,
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NAIC Company Code 30104 |
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| Name of individual responsible for violation (if any):*
TANISHA BURRELL
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| Type of Insurance
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Auto
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| Reason for Notice
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Claim Delay
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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Other
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Failure to Communicate
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Other
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Failure to Provide Reasonable Explanation
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Statutory provision(s) which the insurer allegedly violated.
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| 624.155(1)(b)(1) |
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Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
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| 626.9541(1)(i)(3)(c) |
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Failing to acknowledge and act promptly upon communications with respect to claims.
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| 626.9541(1)(i)(3)(f) |
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Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
INSURING AGREEMENT A. We will pay compensatory damages which an insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury: 1. Sustained by an insured; and 2. Caused by an accident The owner's or operator's liability for these damages must arise out of the ownership maintenance or use of the uninsured motor vehicle. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. B. "Insured" as used in this Part C means: 1. You or any family member. 2. Any other person occupying your covered auto. 3. Any person for damages that person is entitled to recover because of bodily injury to which this coverage applies sustained by a person described in 1 or 2 above. C. "Uninsured motor vehicle" means a land motor vehicle or trailer of any type 1. To which no bodily injury liability bond or policy applies at the time of the accident. 2. To which a bodily injury liability bond or policy applies at the time of the accident but the amount paid for bodily injury under that bond or policy to an insured is not enough to pay the full amount the insured is legally entitled to recover as damages. 3. Which is a hit-and-run vehicle whose operator or owner cannot be identified and which hits or which causes an accident resulting in bodily injury without hitting: a. You or any family member; b. A vehicle which you or any family member are occupying; or c. Your covered auto. lf there is no physical contact with the hit-and-run vehicle the facts of the accident must be proved. We will only accept competent evidence other than the testimony of a person making claims under this or any similar coverage. 4. To which a bodily injury liability bond or policy applies at the time of the accident but the bonding or insuring company. a. Denies coverage; or b. ls or becomes insolvent within four years of the date of the accident. However, uninsured motor vehicle does not include any vehicle or equipment: 1. Owned by or furnished or available for the regular use of you or any family member unless it is a your covered auto to which Part A of the policy applies and liability coverage is excluded for any person other than you or any family member for damages sustained in the accident by you or any family member. 2. Owned by any governmental unit or agency. 3. Operated on rails or crawler treads. 4. Designed mainly for use off public roads while not on public roads. 5. While located for use as a residence or premises
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Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
Hartford Underwriters Insurance Company
P.O. Box 14264
Lexington, KY 40512
THIS NOTICE is given in order to perfect the right to pursue the civil remedy authorized by section 624.155, Florida Statutes. This Civil Remedy Notice relates to the claim for damages and permanent injuries suffered by Steven Lee Jr. as a result of a motor vehicle crash that occurred on June 29, 2021 in Jacksonville, Duval County, Florida.
On June 29, 2021, the tortfeasor, Kamila Ramirez, crashed into the side of the vehicle Mr. Lee was occupying, which resulted in property damage to the vehicles involved and significant permanent injuries to Mr. Lee’s person, requiring prolonged medical treatment to the extent that such will continue for the foreseeable future.
Pursuant to the Health Insurance Portability and Accountability Act (HIPAA), the nature and extent of Mr. Lee’s injuries and treatment will not be mentioned herein, as he does not wish to make the extent of his medical treatment a matter of public record. However, Mr. Lee, through his counsel, furnished all medical records and associated bills currently in hand to Hartford Underwriters Insurance Company, through its representative, Tanisha Burrell. Therefore, Mr. Lee incorporates by reference into this Civil Remedy Notice all of his medical records and associated bills in Hartford Underwriters Insurance Company’s possession. Mr. Lee’s medical records detail the diagnoses assigned, treatment rendered, permanency rating assigned, recommendations by healthcare providers, bills incurred, and the cost of expected future medical treatment.
Mr. Lee incurred at least $88,574.07 in medical expenses thus far from the subject crash and, with further treatment, medical expenses will continue to accrue. As the underinsured motorist carrier, Hartford Underwriters Insurance Company steps into the shoes of the tortfeasor, and assumes liability if such damages exceed the tortfeasor’s bodily injury coverage. Allstate Ins. Co. v. Boynton, 486 S.2d 552, 557 (Fla. 1986). Hartford Underwriters Insurance Company must factor in Mr. Lee’s reasonable life expectancy as well as his past and future economic and non-economic damages resulting from this crash. Under Florida Law, Mr. Lee is entitled to claim these damages and suffice it to say that Mr. Lee’s damages clearly exceed the minimal $50,000.00 bodily injury limits, $10,000.00 Personal Injury Protection benefits, and $10,000.00 underinsured motorist limits.
Mr. Lee has satisfied all conditions precedent to filing this Civil Remedy Notice. Hartford Underwriters Insurance Company was given an adequate opportunity to review the above- referenced records and bills as well as investigate this claim. Additionally, Mr. Lee, in good faith, dutifully cooperated and aided Hartford Underwriters Insurance Company’s in its investigation of the June 29, 2021 crash and its understanding of the damages incurred as a result. On November 17, 2021 and December 21, 2021, Mr. Lee made a reasonable good-faith offer to settle his claim for bodily injury damages within the available underinsured motorist policy limits. However, Hartford Underwriters Insurance Company failed to tender its underinsured motorist policy limits within the specified demand period, and, instead, offered to settle Mr. Lee’s claim for $0.00 with no reasonable explanation, contrary to Florida Statute 626.9541(1)(i)(3)(f). Additionally, Hartford Underwriters Insurance Company has delayed this claim when it failed to promptly settle, contrary to Florida Statute 624.155(3).
Based on the facts to date, it is unquestionable that Hartford Underwriters Insurance Company has had adequate opportunity to fully and fairly evaluate Mr. Lee’s claim and has not attempted in good faith to settle said claim when, under all the circumstances, it could and should have done so, had it acted fairly and honestly towards Mr. Lee and with due regard for his interests, contrary to Florida Statute 624.155(1)(b)(1).
As a result of Hartford Underwriters Insurance Company’s conduct mentioned above, Mr. Lee is forced to file this Civil Remedy Notice, thereby giving Hartford Underwriters Insurance Company this opportunity to cure its violations by paying its underinsured motorist policy limits in settlement of Mr. Lee’s underinsured motorist claim.
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The submitter hereby states that this notice is given in order to perfect the rights of the
person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes.
Before submitting a Notice using this system, please verify that all text has been entered
correctly and completely. Once the Notice has been submitted, the text cannot be changed
or deleted.
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DFS-10-363
Rev. 10/14/2008
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