Filing Number: 786651
|
| Filing Accepted: 10/14/2024 |
| Last/Business Name
*
|
|
|
GARCIA
|
|
First Name |
|
MASIELLE |
|
| Street Address
*
|
|
800 SW 104TH COURT |
| City, State Zip
*
|
|
MIAMI,
FL
33174
|
| Email Address
*
|
|
MASIELLE1121GARCIA@GMAI;.COM |
| Complainant Type:
*
|
|
Third Party |
|
| Last/Business Name* |
|
PLAZA 8, LLC |
|
First Name |
|
|
| Policy # * |
|
029316259 |
|
Claim #* |
|
NONE |
|
Attorney is Applicable
|
| Last Name* |
BERENGUER
First Name *
ANA
Initial
|
| Street Address* |
|
1 ALHAMBRA PLAZA, SUITE PH |
| City, State Zip* |
|
CORAL GABLES
,
FLORIDA
33134
|
| Email Address * |
|
ANA@ABOGADAS305.COM |
|
|
| Insurer Type
*
|
|
 Authorized Insurer
 Unauthorized Insurer
|
|
|
| Insurer Name |
|
|
| Insurer Name* |
|
LEXINGTON INSURANCE COMPANY
|
| Insurer Name* |
|
|
| Street Address* |
|
|
| City, State Zip* |
|
,
|
|
NAIC Company Code 19437 |
|
|
| Name of individual responsible for violation (if any):*
NONE
|
| Type of Insurance
*
Commercial Property & Casualty
|
|
|
| Reason for Notice
*
|
|
|
Unsatisfactory Settlement Offer
|
|
|
*
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.
|
|
*
Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
None
|
| |
*
Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
Lexington Insurance Company has engaged in unfair claim settlement practices when it comes to the negligence claim
of Masielle Garcia. In doing so, Lexington Insurance has not acted fairly and honestly towards its insured, Plaza 8, LLC, and with due regard for its interest.
On January 26, 2024, at approximately 10:00 a.m., Masielle Garcia, a young and healthy twenty-seven year old woman was navigating down the stairs at the shopping plaza located at 9600 SW 8th Street, owned by Plaza 8, LLC. As she navigated down the stairs, Ms. Garcia’s foot was caught on an unsecured grip trip, which caused her to fall down several stairs and caused her face to make direct impact with the wall on the side of the staircase. Ms. Garcia sustained life-altering physical changes to her face and complexion. She incurred approximately $50,000 in past medical expenses. She was recommended a potential future surgery to revise the visible scar on her nose from this impact. There is no question that but for that unsecured grip tape, this fall would not have occurred.
Ms. Garcia, through the undersigned counsel, made several attempts to contact the property owner and its insurer without a single response—forcing her to have to file a lawsuit to get any form of a response from either the Defendant directly or its insurer. After being served with the lawsuit, Ms. Garcia was encouraged to provide a settlement demand package to facilitate an expedited resolution to her claim. Thereafter, on August 12, 2024, Plaintiff submitted a formal settlement demand to Plaza 8, LLC and its insurer through defense counsel. A response to the demand was due on or before September 3, 2024.
The defendant requested an extension of time to respond to the demand. On or about September 17, 2024, Lexington Insurance Company made a pittance of a settlement offer to Ms. Garcia in the amount of $25,000.00, which is about half of her board-able past medical expenses at trial. There is absolutely no good faith basis for this unreasonable settlement offer, which took them weeks to make. In failing to make a reasonable settlement offer, Lexington Insurance has violated Florida Statute 624.155(1)(b)(1) by not attempting in good faith to settle claims when, under all of the circumstances, it could and should have done so, had it acted fairly and honestly towards its insured and with due regard for its interest.
We hereby request that a copy of this correspondence be provided to Plaza 8, LLC by its counsel and insurer and that Plaza 8, LLC have the opportunity to discuss this correspondence with independent counsel if necessary. Failure to provide a copy of this correspondence to your insured will be further evidence of Lexington Insurance’s bad faith claims handling and further evidence that Lexington Insurance has put its own financial interests ahead of its insured, who is collectible—not only for any resulting verdict, but also for an award of attorney’s fees and costs, issued as a result of the Proposal for Settlement served on October 11, 2024.
Please inform Plaza 8, LLC that if this case proceeds to trial and a jury returns a verdict of $250,000, that Plaza 8 LLC will be separately liable for all taxable attorney’s fees and costs incurred as of the date of the Proposal for Settlement. See Fla. Stat.§ 768.79 (2024).
Lexington Insurance owes a duty of care to its insured, Plaza 8, LLC. "An insurer is not absolved of liability simply because it advises its insured of settlement opportunities, the probable outcome of litigation, and the possibility of an excess judgment. Rather the critical inquiry in a bad-faith [case] is whether the insurer diligently, and with the same haste and precision as if it were in the insured's shoes, worked on the insured's behalf to avoid an excess judgment." Harvey v. GEICO Gen. Ins. Co., 259 So. 3d 1 (Fla. 2018). Indeed, it is a standard juror instruction in Florida that that “bad faith on the part of an insurance company is failing to settle a claim when, under all circumstances, it could and should have done so, had it acted fairly and honestly toward it’s insured and with due regard for their interests.” Florida Standard Jury Instruction 404.4
Lexington Insurance has failed to protect its insured and promptly settle this claim well within your policy limits. Lexington Insurance can cure its violations by tendering the $200,000 demanded by Masielle Garcia within sixty (60) days of the filing of this notice to the Law Office of Victoria San Pedro Madani PLLC Trust Account, Tax ID No. 88-3385675, 1 Alhambra Plz, Suite PH, Coral Gables, FL 33134. This would be a full and complete cure, including any claims for attorneys’ fees and costs. Failure to tender payment within this statutory time frame will subject Lexington Insurance Company to a Bad Faith Insurance claim, in addition to any and all damages our client is awarded by an appropriate court above the insurance policy limits. A copy of this form has been e-mailed (atlpcmail@aig.com) (LexPrimaryFNOL@aig.com) , faxed (1-866-797-1077) (1-866-947-4165), and mailed via certified mail to the following parties providing notice of the filing of the civil remedy notice: AIG Attn: Primary Casualty Liability PO Box 25967 Shawnee mission, KS 66225, with copy to counsel for Defendant (via e-mail and certified mail) Marco A. Salazar, Esq. and Karen F. Grossman Esq., SIMON, REED & SALAZAR, P.A., 9130 S. Dadeland Blvd. Two Datran Center – Suite 1209 Miami-Dade, FL 33156 via e-mail: msalazar@simonreedlaw.com & kgrossman@simonreedlaw.com. This notice is given in order to perfect the right to pursue the civil remedy authorized by §624.155(3)(a).
|
|
|
*
|
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
|