Civil Remedy Notice of Insurer Violations
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Filing Number:     785043
Filing Accepted:  9/30/2024
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Complainant
Last/Business Name *  
WILLIAMS   First Name   CARRA
Street Address * 8222 VELVET SPRINGS LANE
City, State Zip * JACKSONVILLE, FL 32244
Email Address * JAHCARRA_BLACK1@YAHOO.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   STORMFORCE OF JACKSONVILLE   First Name   JAMES
Policy # * UNKNOWN Claim #* 3886092-1
Attorney
Attorney is Applicable
Last Name* WATERS III First Name * JAMES Initial F
Street Address* 841 PRUDENTIAL DRIVE, STE. 1222
City, State Zip* JACKSONVILLE , FL 32207
Email Address * JFWATERS@JFWATERS.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   AMTRUST INSURANCE COMPANY
NAIC Company Code 15954
 
Name of individual responsible for violation (if any):* JOHN BAKER
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Delay
* Statutory provision(s) which the insurer allegedly violated.
 
626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(e) Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Unable to respond to this request as a copy of the policy insuring StormForce of Jacksonville has never been produced.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

On August 26, 2021, Carra Williams stepped on a roof nail while walking in her yard. Ms. Williams contracted with Stormforce of Jacksonville to replace her roof and cleanup responsibilities, Those responsibilities included picking up the roof nails from the area surrounding the house which it failed to do so properly. As a result of the puncture wound to Ms. Williams' foot, she developed osteomyelitis which resulted in amputation of her toe. Those conditions developed into lymphedema. Ms. Williams' pre-existing mental health condition has been severely aggravated as a result of her injuries and severe physical limitations caused by the amputation and lymphedema. Stormforce of Jacksonville received a request for its liability coverage on April 29, 2022. To date, after several requests, StormForce has failed to provide any policy of insurance covering its liability. On March 24, 2024, counsel for Stormforce provided a certificate of insurance showing that Stormforce is an additional insured under a policy issued by Crum & Forster. The attorney representing Crum & Forster advises that Stormforce is the named insured under a policy issued by "Am Trust" and provided a claim number (3886092-1). Counsel for Ms. Williams is uncertain as to the exact name of the liability carrier providing coverage to StormForce of Jacksonville in light of the circumstances. Several requests (November 29, 2023, and January 11, 2024 as well as several email requests) for a copy of the insurance policy providing coverage to Stormforce of Jacksonville have been made to which there has been no response other than providing a certificate of coverage under which the entity is an additional insured. This violation can be cured by providing a certified copy of the policy and the information requested via the initial request for insurance information as to StormForce of Jacksonville.
Comments
Acknowledgement
* 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.




DFS-10-363
Rev. 10/14/2008