Civil Remedy Notice of Insurer Violations
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Filing Number:     785139
Filing Accepted:  10/1/2024
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Complainant
Last/Business Name *  
FROEHLICH   First Name   TOBY AND JACQUELYN
Street Address * 10009 ORCHID RIDGE LANE
City, State Zip * BONITA SPRINGS, FL 34135
Email Address * TOBYF@WPPERIE.COM
Complainant Type: * Insured
Insured
Last/Business Name*   FROEHLICH   First Name   TOBY AND JACQUELYN
Policy # * SJ30344707 Claim #* 2024 0600 0900
Attorney
Attorney is Applicable
Last Name* MARKER First Name * SHAUN Initial J
Street Address* ONE NORTH CLEMATIS STREET, SUITE 510
City, State Zip* WEST PALM BEACH , FL 33401
Email Address * SMARKER@MERLINLAWGROUP.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   SLIDE INSURANCE COMPANY
NAIC Company Code 17227
 
Name of individual responsible for violation (if any):* OFFICERS, SUPERVISORS, AND OR MANAGEMENT OF SLIDE INSURANCE COMPANY, AS WELL AS ALL CLAIMS REPRESENTATIVES, ADJUSTERS, LOSS CONSULTANTS, ENGINEERS AND EXPERTS, AND GRINDLEY WILLIAMS ENGINEERING, JAMES MOORE, AND KENNETH PARSONS.
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Delay
Claim Denial
Unfair Trade Practice
* Statutory provision(s) which the insurer allegedly violated.
 
624.155(1)(b)(1) 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.
624.155(1)(b)(2) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made.
624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
626.9541(1)(i)(2) A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
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)(d) Denying claims without conducting reasonable investigations based upon available information.
626.9541(1)(i)(3)(f) 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.
626.9541(1)(i)(3)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
626.9541(1)(i)(3)(h) Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Building coverage provisions; additional coverages; duties in event of loss policy provisions; all terms and conditions of Section I of the insurance policy; the insurance policy's definition section; the insurance policy's exclusion of coverage provisions; loss payment policy provision; loss settlement provision; the declarations page; we will adjust all losses with you.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

In Florida, the work of adjusting insurance claims engages the public trust. Slide Insurance Company (“Slide”) has breached this duty by its handling of the Insureds’, Toby and Jacquelyn Froehlich’s Claim of Loss (Claim Number 202406000900; D.O.L. 09/28/2022). Slide has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the Insureds’ insurance claim for damages. On or about September 28, 2022, the Insureds submitted a claim to Slide Insurance for damages sustained as a result of Hurricane Ian. We have identified the following instances of bad faith conduct on the part of your company: • Purposefully minimizing the value of the claim by using biased estimating software/pricing and low-balling the cost of repairs. Specifically, estimation and repair costs have been purposefully devalued to the benefit of the insurance company despite knowledge that these costs are woefully deficient. • Refusing to pay for necessary repairs and attempting to coerce us into accepting a lower settlement amount by failing to properly consider all applicable statutes and building code requirements both at the state and local level. • Implementing a claim handling process geared solely to the minimization of damages. This scheme is meant solely to benefit the carrier while hindering the Insureds from obtaining just compensation for the loss. • Failing to adopt and implement standards for the proper investigation of the claim; failing to conduct a proper investigation of all wind damage to the property, including all wind damage to the roof. • Hiring a biased engineer to inspect the property and generate a report that minimizes the actual damages that have occurred to the subject property as a result of wind from Hurricane Ian, including all damages to the roof. • Hiring a biased engineer to determine that there were damages to the roof unrelated to Hurricane Ian so as to deny payment to the Insureds. More specifically, thermal expansion and contraction, wear and tear from foot traffic and normal aging, and installation-related issues. • Failure to conduct an adequate and complete inspection of the outdoor kitchen roof, which would have revealed obvious and apparent damage from Hurricane Ian. • Failing to conduct an adequate and complete inspection of the subject property, specifically the roof. • Misrepresenting to the Insureds that the existing roof system is repairable. See correspondence dated August 16, 2024 from Slide to Insureds. • Failure to timely and adequately issue payment to Insureds. • Failure to account for and acknowledge that the Boral concrete tiles installed on the subject property are discontinued and do not have an active State of Florida Notice of Acceptance. • Failure to acknowledge and account for all fractured tiles, right/left corner fractures, and point load fractures that are a result of wind from Hurricane Ian. These actions on the part of your company are unacceptable, and are in violation of our insurance policy and the duty of good faith and fair dealing that Slide Insurance owes to its policyholders. Based on conduct to date, these practices occur with such frequency as to constitute a general claims handling process/business practice imbedded within the company’s management of Hurricane Ian claims. To date, notwithstanding the Insureds’ pleas otherwise, Slide has continued to refuse to acknowledge its obligation to tender all insurance proceed monies due and owing the Insureds or assist the Insureds in mitigation of the damages. The insurer has failed and refused to acknowledge coverage and restore the Insureds to their pre-loss condition. Slide has sufficient information upon which to evaluate the Insureds’ claim for damages, and certainly has been provided with an independent means by which to determine the amount of loss. The Insureds have otherwise fully complied with the insurer's requests for post-loss compliance. Slide has not properly paid all of the covered damages. These actions by Slide occur with such frequency to indicate a general business practice of the company. The Insureds have complied with the policy of insurance and Florida law, Slide Insurance continues to wrongfully refuse to tender the insurance proceeds that are due and owing the Insureds. The concept of insurance is the granting of timely and prompt indemnity or security against a contingent loss. Florida Statutes section 624.02 defines "insurance" as a contract whereby one undertakes to indemnify another or pay a specified amount or a determinable benefit upon determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that the Insureds may be put back into the position they were in prior to the loss as quickly as possible. Slide Insurance breached this duty. The Insureds were and still are forced to expend out of pocket monies to submit the insurance claim to force Slide to honor its obligations under the insurance policy to pay all the insurance proceeds due and owing them. Slide has clearly displayed bad faith in its handling, processing, and wrongful delay and wrongful denial of this claim. The Insureds merely request that Slide "adjust the loss" with them in accordance with the policy of insurance for which Slide has accepted a premium, and in accordance with Florida law. Slide’s conduct has been reckless and unfair to its Insureds and has caused and continues to cause additional damages. We demand that Slide immediately take steps to rectify the situation and handle this claim in a fair and appropriate manner. This includes providing full and fair compensation for the damages incurred and for any additional costs and expenses incurred as a result of Slide’s bad faith conduct, including but not limited to, fees and costs related to the retention of personnel/counsel required to challenge Slide’s improper handling of this claim. [As of this moment, the damages found and evaluated by the insured(s) value at minimum $257,259.88, and we request payment in that sum as a curative measure to the conduct described herein.]
Comments
User Id Date Added Comment
nsauer@slideinsurance.com 11-01-2024 Via E-mail & Posting on DFS Website Shaun J. Marker, Esq. Merlin Law Group One Clemantis Street, Suite 510 West Palm Beach, FL 33401 smarker@merlinlawgroup.com RE: Complainant: Toby Froehlich and Jacky Froehlich a/k/a Jacqueline Froehlich Insured: Toby Froehlich and Jacky Froehlich a/k/a Jacqueline Froehlich Claim No: 202406000900 Policy No: SJ30344707 Date of loss: 09/29/22 CRN Filing No.: 785139 Dear Mr. Marker: Please allow this correspondence to serve as Slide Insurance Company’s (“Slide”)’s response to the Civil Remedy Notice (“CRN”) that was filed on behalf of Toby Froehlich and Jacky Froehlich a/k/a Jacqueline Froehlich (“Insured”). Herein, we include a brief factual history of the underlying claim and actions by Slide which reveals it has acted properly in responding to the underlying claim and in compliance with its contractual and legal obligations. Slide denies each and every allegation brought forth in the CRN and denies any wrongdoing in the handling of the underlying claim. Additionally, Slide denies violating any Florida Statute or Administrative Code as set forth more specifically herein. Moreover, Slide denies violating any provisions or duties set forth in the applicable policy of insurance. Slide further states that the facts and circumstances that are set forth in the CRN, while incomplete and misleading, do not give rise to any violation of any statute or policy provision referenced in the Notice. Furthermore, Slide challenges the validity of the CRN for lacking specificity. See, e.g., Julien v. United Prop. & Cas. Ins. Co., 311 So.3d 875, 879 (Fla. 4th DCA 2021) (affirming dismissal for civil remedy notice’s failure to either strictly, or substantially, comply with statutory specificity requirement); Demase v. State Farm Florida Insurance Company, 357 So.3d 136, 138-39 (Fla. 5th DCA 2022) (holding that the trial court properly determined that a CRN that failed to state with specificity the relevant policy language was legally insufficient). Finally, the Notice is improper as the Insured failed to establish that Slide breached the policy of insurance, as required by Fla. Stat. § 624.1551. CLAIM FACTS The underlying claim was reported on June 24, 2024, as a claim for alleged damages related to Hurricane Ian. Slide sent James M. Moore, Professional Engineer with Grindley Williams Engineering, to inspect the insured property. Based on Slide’s investigation and evaluation as to the underlying claim, on or about August 16, 2024, Slide notified the Insured that there is not any coverage for the alleged loss pursuant to the Policy’s terms, conditions, endorsements, limitations, and exclusions. Thus, Slide maintains that it has acted in accordance with the terms of the subject insurance policy, and the law, and has acted in good faith towards the Insured. Slide denies that it violated any statutes or committed the acts asserted in the CRN. Slide neither waives nor is estopped from asserting any and all rights that it may have in law or under the terms of the policy. Slide expressly reserves all such rights without exception or limitation. REASONS FOR THE NOTICE The CRN alleges three (3) reasons for the filing of the Notice. However, no specific facts or circumstances are provided to support the allegations. Notwithstanding, Slide denies the allegations as follows: 1. Claim Delay: Slide denies any delay in the claims handling process of the underlying loss as is evident from the facts outlined above. Slide promptly acknowledged the claim and timely initiated its investigation of the loss including inspection of the subject property. Slide acted in accordance with its duties and obligations pursuant to the policy of insurance and responded appropriately to information and documentation that was provided. Thus, Slide asserts that this allegation is without basis and therefore denied. 2. Claim Denial: This allegation is without basis and therefore denied. Slide acted in accordance with its duties and obligations pursuant to the policy of insurance as well as Florida law. Accordingly, Slide’s actions are adequately supported by law and fact. Thus, this allegation is without basis and therefore denied. 3. Unfair Trade Practice: There is no basis for this allegation, thus it is wholly denied. The Insured has submitted no facts or circumstances to support this allegation. The handling and administration of this claim occurred with the expediency and timeliness allowed by the statutory requirements imposed upon Slide. At no time did Slide, its agents, or its employees delay the handling, administration, or disposition of this claim. The facts show that Slide acted promptly with respect to the investigation of the underlying claim and made communications as necessary to adjust the claim in a prompt and appropriate matter. Information necessary and relevant to the proceeding of the claim were communicated to the Insured or their representatives in an appropriate manner. Thus, this allegation is without basis and therefore denied. ALLEGED STATUTORY VIOLATIONS The CRN alleges multiple statutory violations. However, no specific facts or circumstances are provided to support these allegations. Notwithstanding, Slide denies each and every allegation of statutory violation individually as follows: 1. 624.155(1)(b)(1): Denied. The underlying claim was investigated and adjusted in as thorough and expedient a manner as possible. Following the investigation and evaluation of the underlying claim, the Insured was notified that there is not any coverage for the alleged loss pursuant to the Policy’s terms, conditions, endorsements, limitations, and exclusions. Moreover, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 2. 624.155(1)(b)(2): Denied. Slide has not failed to make payments not accompanied by a statement setting forth the coverage under which payments are being made. Nonetheless, as previously explained, following the investigation and evaluation of the underlying claim, the Insured was notified that there is not any coverage for the alleged loss pursuant to the Policy’s terms, conditions, endorsements, limitations, and exclusions. Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.? Moreover, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 3. 624.155(1)(b)(3): Denied. Slide has not failed to promptly settle the underlying claim. The underlying claim was investigated and adjusted in as thorough and expedient a manner as possible.?Following the investigation and evaluation of the underlying claim, the Insured was notified that there is not any coverage for the alleged loss pursuant to the Policy’s terms, conditions, endorsements, limitations, and exclusions. Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.? Moreover, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 4. 626.9541(1)(i)(2): Denied. Slide has not made any material misrepresentations to the Insured or any other person having an interest in the proceeds payable under the subject policy for insurance. The underlying claim has been investigated and adjusted in as thorough and expedient a manner as possible. Slide routinely communicated relevant information to the Insured and/or their representatives. Thus, any such allegation is without merit and unsupported by the facts of the underlying claim. Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 5. 626.9541(1)(i)(3)(a): Denied. This allegation is without basis. Slide has adopted and implemented standards for the proper investigation of claims at all times during the investigation of the subject matter. The aforementioned facts demonstrate that Slide employed proper and customary claims practices in the investigation and adjustment of this claim including, but not limited to, inspection of the Insured’s property and timely communications with the Insured and their representatives. Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 6. 626.9541(1)(i)(3)(b): Denied.? This allegation is without basis.? Slide has been forthcoming and truthful regarding the pertinent claim facts and/or insurance policy provisions relating to the reported loss. Slide’s correspondences and communications to the Insured and/or their representatives proves this fact.? Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.? Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 7. 626.9541(1)(i)(3)(c): Denied. This allegation is without basis. Slide has consistently acted promptly upon all communications with respect to this claim as previously outlined. Slide has adjusted the underlying loss in as thorough and expedient a manner as possible. Moreover, Slide routinely communicated with the Insured and/or their representatives regarding the underlying claim. Thus, Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Any assertions to the contrary are unsupported by the facts. 8. 626.9541(1)(i)(3)(d): Denied. Slide has not denied the underlying claim without reasonable investigation of the reported loss. As referenced in the factual narrative above, Slide investigated the reported claim and adjusted the loss in as thorough and expedient a manner as possible.? Accordingly, there is simply no support for this allegation and Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 9. 626.9541(1)(i)(3)(f): Denied. Slide did not fail to provide an explanation for its denial of the claim. Slide has conducted a reasonable investigation of the reported loss as referenced in the factual narrative above. Thus, there is simply no support for this allegation and Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 10. 626.9541(1)(i)(3)(g): Denied.? This allegation is without basis.? Slide promptly notified the Insured and/or their representatives regarding the pertinent claim facts and information needed relating to the claim. Slide’s communications prove this fact.? Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.? Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 11. 626.9541(1)(i)(3)(h): Denied.? This allegation is without basis.? Slide clearly and promptly notified the Insured and/or their representatives regarding the pertinent claim facts and specific information needed relating to the claim. Slide’s communications to the Insured and their representatives prove this fact.? Moreover, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.? Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. ALLEGED VIOLATIONS OF THE INSURANCE POLICY The CRN fails to allege specific violations of the insurance policy and provides no specific facts or circumstances of wrongdoing. The boilerplate CRN merely sets forth blanket allegations of wrongdoing, without further information. As such, the CRN is defective, as it failed to specifically identify the policy language that is the subject of the alleged violation, and further failed to include sufficient facts to put Slide on notice of the alleged violations. Notwithstanding, Slide denies any and all allegations of policy violations. All actions by Slide were done in compliance with the applicable Policy. As indicated above, Slide thoroughly investigated the reported loss including inspection of the Insured’s property. Thus, it is clear that Slide has acted in compliance with the Policy. Slide asserts that it has at all times complied with the terms of the Policy and has complied with all applicable provisions of the Policy and Florida Statutes in the handling of this matter. STATEMENTS AS TO CURING THE DEFECTS OUTLINED IN THE NOTICE The CRN asserts that Slide must tender all insurance benefits due and owing. Nevertheless, the method for curing violations alleged in a Civil Remedy Notice is not determined by the Insured. Talat Enterprises, Inc. v. Aetna Casualty Surety Co., 753 So. 2d So. 2d 1278 (Fla. 2000). Accordingly, Florida Statutes Section 624.155 does not impose on an insurer the obligation to pay whatever the Insured demands. Section 624.155(2)(d) would have no effect or purpose under such an interpretation. Thus, Slide reasserts that it has acted in good faith towards its Insured at all times. Slide references to all the facts herein, which unequivocally demonstrate Slide’s expedient and timely administration of the Insured’s claim. Slide further asserts its full and strict compliance with the Policy and reiterates that it has acted properly in responding to the underlying claim in compliance with its contractual and legal obligations. Slide denies any wrongdoing in the handling of the underlying claim. Additionally, Slide denies violating any Florida Statute, Administrative Code, or code of ethics. CONCLUSION In conclusion, the documented facts of this claim establish that Slide acted diligently in its claims response and adequately performed its obligations under the policy of insurance and Florida law. Thus, the facts contradict all allegations that Slide has in any manner acted improperly or contrary to its contractual obligations to the Insured in this claim. Herein, Slide has attempted to fully and adequately respond to the allegations the Insured allege in the Civil Remedy Notice of Insurer Violation filed with the Department. Should there be any questions or further inquiry with respect to this matter, please contact the undersigned at (813) 761-1866 or at mnixon@slideinsurance.com. Sincerely, /s/ Michael Nixon Michael Nixon, Esq. Staff Counsel
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.

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