Civil Remedy Notice of Insurer Violations
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Filing Number:     786549
Filing Accepted:  10/11/2024
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Complainant
Last/Business Name *  
A N PINES LLC   First Name  
Street Address * 237 WEKIVA POINTE CIR
City, State Zip * APOPKA, FL 32712
Email Address * BO.SUTTON@THOMPSONJAGLAL.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   LIONHEART CONSTRUCTION INC   First Name  
Policy # * BIFL13394100 Claim #* 18F86M059976
Attorney
Attorney is Applicable
Last Name* ROUSELLE First Name * SUTTON Initial A
Street Address* 4767 NEW BROAD STREET
City, State Zip* ORLANDO , FLORIDA 32814
Email Address * BO.SUTTON@THOMPSONJAGLAL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   CLEAR BLUE INSURANCE COMPANY
NAIC Company Code 28860
 
Name of individual responsible for violation (if any):* COMPANY WIDE
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
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.
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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Clear Blue Insurance Company has refused to acknowledge a lawsuit made against its insured and its additional insured. Clear Blue Insurance Company has refused to acknowledge a tender of claim against its insured made by its additional insured. Clear Blue Insurance Company has refused to respond to a lawsuit made against its insured and its additional insured. Clear Blue Insurance Company has refused to defend its insured against a pending lawsuit. Clear Blue Insurance Company has refused to defend its additional insured against a pending lawsuit. Clear Blue Insurance Company has refused to provide copies of insured insurance policies Pursuant to Florida Statutes §627.4137 and/or §626.9372.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Lionheart Construction Inc., performed work for A N Pines, LLC to construct a home located at 2362 Britwell Pl, Sanford, FL 32773. A N Pines, LLC self-performed no work. On March 11, 2022 homeowners filed suit against Park Square Enterprises, LLC, for claims arising out of Lionheart Construction Inc’s work. On December 12, 2023, Park Square Enterprises, LLC filed a Third Party Complaint against A N Pines LLC, for claims arising out of Lionheart Construction Inc’s work. On March 7, 2024 A N Pines, LLC filed a Fourth Party Complaint in the Eighteenth Judicial Circuit, In Seminole County Florida under case No 2022-CA-000557 (Lawsuit). In the suit A N Pines, LLC named Lionheart Construction Inc. as a defendant and alleged Lionheart Construction Inc. was liable claims for arising out of Lionheart Construction Inc’s work at the project (2362 Britwell Pl, Sanford, FL 32773). On March 6, 2024, A N Pines, LLC served Clear Blue Insurance Company with a Notice of Construction Defect Claim under policy No. BIFL13394100, which was in effect from 9/14/18 – 9/14/19. In this notice Clear Blue Insurance Company was requested to: Provide A N Pines, LLC with indemnity, defense and additional insured rights, defend Lionheart Construction Inc., provide the letter to all affected insurers, participate in early settlement efforts, and provide the requested insurance information. This correspondence was sent to Clear Blue Insurance Company because it insured Lionheart Construction Inc who worked on the Project (2362 Britwell Pl, Sanford, FL 32773), Lionheart Construction Inc’s contract required it to have A N Pines, LLC named as an Additional Insured on all applicable policies. Lionheart Construction Inc’s September 14, 2018 Certificate of Insurance identifies A N Pines, LLC as an Additional Insured on Clear Blue Insurance Company Policy BIFL13394100 for 2018-09-14 to 2019-09-14. This request was completely ignored. Clear Blue Insurance Company’s actions have willfully, wantonly, and maliciously placed their own interest above that of its insured Lionheart Construction Inc and of A N Pines, LLC as an Additional Insured. Currently, litigation is still pending against both Lionheart Construction Inc and A N Pines, LLC and Clear Blue Insurance Company has failed to: respond to notices sent, provide requested copies of the insured coverage policy and failed to defend the insured as required by the policy. Clear Blue Insurance Company and its adjuster are acting in bath faith.
Comments
User Id Date Added Comment
j.mikell@thompsonjaglal.com 12-11-2024 Issues raised in the Civil Remedy Notice have been resolved by the Insurer.
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