Civil Remedy Notice of Insurer Violations
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Filing Number:     785847
Filing Accepted:  10/4/2024
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Complainant
Last/Business Name *  
FARKAS   First Name   ARINA
Street Address * 1900 NORTH BAYSHORE DRIVE #4510
City, State Zip * MIAMI, FL 33132
Email Address * ARINA.FARKAS@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   FARKAS   First Name   ARINA
Policy # * SJ61038480 Claim #* 202406000755
Attorney
Attorney is Applicable
Last Name* ELAZAR First Name * SAPIR Initial
Street Address* 800 E BROWARD BLVD., STE. 510
City, State Zip* FORT LAUDERDALE , FLORIDA 33301
Email Address * SE@WEKLAW.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):* N/A
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Delay
Unsatisfactory Settlement Offer
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)(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)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
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)(4) Failing to pay undisputed amounts of partial or full benefits owed under first-party property insurance policies within 60 days after an insurer receives notice of a residential property insurance claim, determines the amounts of partial or full benefits, and agrees to coverage, unless payment of the undisputed benefits is prevented by factors beyond the control of the insurer as defined in s. 627.70131(5).
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Loss Payment Provision. Loss Settlement Provision.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Arina Frakas (the "Insured") purchased an insurance policy (the "Policy") from Slide Insurance Company ("Slide"), effective at the time of the loss on or about June 18, 2024, under policy number SJ61038480, to insure the property located at 1900 North Bayshore Drive #4510, Miami, FL 33132 (the "Property").? On or about June 18, 2024, the Property suffered significant damage due to a sudden water line break from the refrigerator, causing extensive damage to the interior of the Property (the "Loss"). The Insured promptly notified Slide of the Loss, and Slide acknowledged the claim, assigning claim number 202406000755 ("Claim") to the Loss. Despite timely notification and all necessary documentation provided by the Insured, Slide has yet to issue a coverage determination or make any payments to the Insured. In response to Slide's inaction, the Insured retained Triumph Consulting Corporation ("TRIUMPH") as their public adjuster to assist in evaluating and inspecting the damage. TRIUMPH conducted a thorough investigation and submitted a detailed estimate of the damages totaling $56,002.51, along with a Sworn Proof of Loss. Slide’s failure to provide a timely coverage determination and issue payments, along with its lack of good faith in adjusting this loss, has caused significant harm to the Insured. This inaction has prevented the Insured from returning their Property to its pre-loss condition and forced them to incur substantial additional living expenses without any assistance, further exacerbating their financial and emotional strain. Slide's conduct reflects a clear disregard for its contractual obligations under the Policy and failure to participate in the settlement process in good faith. By stating the above detailed facts it is clear that Slide has violated the following Florida Statutes:?? • 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 their interest; when Slide denied coverage on the Insured’ claim.? • 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)(3)(a) Failing to adopt and implement standards for the proper investigation of claims;? • 626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims, by failing to respond to the Insured’ public adjuster, and Insured’ counsel with respect to supplemental requests for payments;? • 626.9541(1)(i)(3)(f) Failing to promptly provide a reasonable explanation in writing to the Insured and/or their public adjuster of the basis in the insurance policy, in relation to the facts or applicable law, for the offer of a compromise settlement;?? • 626.9541(1)(i)(4) Failing to pay any undisputed amounts of partial or full benefits owed under first-party property insurance policies within 90 days after an insurer receives notice of a residential property insurance claim, determine the amounts of partial or full benefits, and agree to coverage; when Slide failed to release any undisputed amount of the claim to the Insured.?? To date, Slide has in bad faith failed to provide a coverage determination to the Insured. The Insured’s property continues to be in disarray as the Insured are without funds to put their property into its pre-loss condition. As a direct result of Slide’s insufficient coverage and breach of the Florida Statutes, the Insured were?forced to seek the?help of licensed professionals to assist them, including a public adjuster and legal counsel.?Due to the amount of time that has passed since the date of loss, the information discussed above, it is irrefutable evidence that Slide knowingly and intentionally, and in bad faith delays the claims process in order to further disadvantage the Insured. The financial detriment caused to the Insured is a direct result of Slide’s reckless treatment of the claims process. The Insured submitted all documents requested in a timely fashion, made their property available for inspection, submitted supplemental invoices, estimates and requests. However, Slide failed at every step of the process to adequately establish or identify the basis of its gross mismanagement of the claim.? ? To deny the Insured the benefit clearly due and owing under the Policy, for which they have time and time again been making premium payments for and after they have satisfied all of her obligations is morally and ethically reprehensible, and reeks of Unfair Claims Practice and Bad Faith. Upon information and belief, the aforementioned actions complained of, among others, were made by Slide so often as to constitute a general business practice, evidencing a motive to enhance Slide’s profits, and designed to cause a detrimental effect to its policyholders. The above clearly depicts that Slide adjusted this claim in bad faith and that Slide is in direct violation of Unfair Claims Practices.?? This notice is given in order to perfect the right to pursue the civil remedy authorized by Section 624.155, Florida Statutes, should Slide fail to cure the violations set forth in this Civil Remedy Notice within the given cure period. Therefore, to cure the defects outlined in this Civil Remedy Notice, Slide must: (1) Immediately tender all proceeds due and owing to the Insured that are fairly owed to the Insured under the insurance policy that would reasonably compensate the Insured in order to put the loss property back to its pre-loss condition; (2) Agree to reimburse the Insured’ reasonable attorneys’ fees and costs for having to become involved to resolve the claim; (3) Agree to reimburse the Insured for interest on the amount of benefits that was found to be due and owing to the Insured, relating back to the date of loss.
Comments
User Id Date Added Comment
nsauer@slideinsurance.com 11-01-2024 Via E-mail & Posting on DFS Website Sapir Elazar, Esq. Weisser Elazar & Kantor, PLLC 800 E Broward Blvd., Ste. 510 Fort Lauderdale, FL 33301 SE@weklaw.com RE: Complainant: Arina Farkas Insured: Arina Farkas Claim No: 202406000755 Policy No: SJ61038480 Date of loss: 06/18/24 CRN Filing No.: 785847 Dear Ms. Elazar: 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 Arina Farkas (“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. Slide also 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 not identifying the specific policy language they claim Slide failed to follow. See, e.g., Julien v. United Prop. & Cas. Ins. Co., 311 So.3d 875, 879 (Fla. 4th DCA 2021) (holding a civil remedy notice was legally insufficient by failing to state with specificity the policy language and statutory provisions at issue); Demase v. State Farm Florida Insurance Company, 351 So.3d 136, 138-39 (Fla. 5th DCA 2022) (holding that the trial court properly determined that a civil remedy notice that failed to state with specificity the relevant policy language was legally insufficient). Finally, the CRN 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 20, 2024, as a claim relating to a water loss with a DOL of June 17, 2024. Slide sent Independent Adjuster Danny Morales to inspect the insured property. Additionally, Slide sent Nativo, Inc., a flooring expert, to reinspect the insured property. Nonetheless, based on Slide’s investigation and evaluation of the claim, Slide issued its determination letter and payment(s) totaling approximately $20,903.56. . 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 these allegations. Notwithstanding, Slide denies each and every allegation of violation individually 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(s) 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. Unsatisfactory Settlement Offer: Slide denies that it extended any unsatisfactory settlement offers to the Insured. Slide promptly investigated the loss and issued payment(s) based on the investigation and evaluation of the claim. Slide asserts that it has acted in good faith towards its Insured at all times. 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 his 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. 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. 2. 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, payment(s) were tendered. 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. 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(s) of the insured property and communications with the Insured and/or 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. 4. 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. 5. 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. 6. 626.9541(1)(i)(4): Denied. Slide has not failed to pay undisputed amounts. As indicated herein, 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, payment(s) were tendered. 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. 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 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. Additionally, the CRN alleges that Slide must pay the Insured’s attorneys’ fees and costs when the Insured is not entitled to attorneys’ fees and costs pursuant to Fla. Stat. §627.428(4). Nonethless, 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 Insureds 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