Filing Number: 787571
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| Filing Accepted: 10/18/2024 |
| Last/Business Name
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KIMA CONDOMINIUM ASSOCIATION INC
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First Name |
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| Street Address
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14300 GULF BLVD |
| City, State Zip
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MADEIRA BEACH,
FL
33708
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| Email Address
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PIKEBOB@YAHOO.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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KIMA CONDOMINIUM ASSOCIATION INC |
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First Name |
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KYLE |
| Policy # * |
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6058595389 |
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Claim #* |
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5000002505 |
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Attorney is Applicable
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| Last Name* |
STAGGS
First Name *
KYLE
Initial
B
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| Street Address* |
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1715 W. CLEVELAND STREET |
| City, State Zip* |
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TAMPA
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FLORIDA
33606
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| Email Address * |
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COURTDOCS@WILLIAMSPA.COM |
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| Insurer Type
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Authorized Insurer
Unauthorized Insurer
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| Insurer Name |
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| Insurer Name* |
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FRONTLINE INSURANCE UNLIMITED COMPANY
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| Insurer Name* |
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| Street Address* |
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| City, State Zip* |
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,
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NAIC Company Code 10074 |
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| Name of individual responsible for violation (if any):*
DESK EXAMINER, DANIELLE ROBERTS AND ALL ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY FRONTLINE INSURANCE UNLIMITED IN THIS CLAIM.
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| Type of Insurance
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Commercial Property & Casualty
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| Reason for Notice
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Claim Denial
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Claim Delay
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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Other
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Failure to Properly Investigate Claim and with Due Regard to Insured's Interest
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Other
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Failure to Pay the Claim in Full
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Statutory provision(s) which the insurer allegedly violated.
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| 624.155(1)(b)(1) |
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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.
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| 626.9541(1)(i)(3)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
RELEVANT POLICY LANGUAGE The specific policy language that is believed to be relevant to the violations includes, but is not limited to, the following: See Subject Policy: Frontline Insurance Unlimited Policy No.: 6058595389 loss payment provision, policy definitions, and pol-icy exclusions section.
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Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
Insured's Address: 14300 Gulf Blvd., Madeira Beach, FL 33708
Insurer’s Address: PO Box 958405., Lake Mary, FL 32795
This complaint is submitted on behalf of Kima Condominium Association Inc. (“Insured”) and against Frontline Insurance Unlimited regarding a wind/hurricane loss sustained by the property located at 14300 Gulf Blvd., Madeira Beach, FL 33708, on or about October 9, 2024. The Insured’s policy, Policy No.: 6058595389 (the “Policy”), was in full force and effect at the time of the loss. Despite having a contractual and statutory duty to promptly and thoroughly investigate the Insured’s claim, Frontline Insurance Unlimited engaged in bad faith conduct by failing to perform an adequate and timely investigation, thus delaying necessary repairs and leaving the property exposed to the risk of future damage. Frontline Insurance Unlimited assigned Engle Martin to inspect the property, and a representative named Jayson Haynes conducted the inspection on October 15. However, Mr. Haynes' inspection was superficial and incomplete. He took only a few photographs of the roof and failed to conduct a thorough evaluation of causation or damages. No measurements were taken, and Mr. Haynes entered only two of the approximately 30 units that had sustained water intrusion due to the hurricane. Moreover, Mr. Haynes openly admitted he was unqualified to perform a full damage or causation analysis, stating that a loss consultant and engineer would likely be required. This admission further delayed the resolution of the claim. The Insured, seeking to mitigate further damage, requested prompt action by a field adjuster to begin necessary repairs and prevent additional losses. However, Mr. Haynes was unable to provide clear guidance on whether the Insured could immediately take steps to secure the property. Instead, he recommended applying a tarp to the roof—despite multiple warnings from individuals on-site that this would likely be ineffective given the roof’s condition. The Insured sought to implement more robust protective measures, but was advised to rely solely on the inadequate tarp solution while awaiting further inspection by a loss consultant and engineer. While no additional damages have yet occurred due to the use of the tarp (as there have been no subsequent weather event at the property), the property remains at significant risk of future damage. This risk is a direct consequence of Frontline Insurance Unlimited’s failure to provide clear and appropriate guidance and its continued delay in properly adjusting the claim. The combination of an inadequate inspection and the failure to authorize effective mitigation efforts exemplifies Frontline Insurance Unlimited’s bad faith handling of the Insured’s claim. This conduct appears to be part of a broader strategy aimed at minimizing or outright denying valid claims, prioritizing the insurer’s financial interests over the Insured’s right to timely and adequate compensation. Moreover, the recommendation to take minimal mitigation efforts, such as applying the tarp, suggests that Frontline Insurance Unlimited may be attempting to manufacture reasons to either deny the claim or underpay the Insured for the rightful amount owed under the Policy. As a result of these bad faith actions, the Insured has been forced to expend additional time and resources in pursuit of the insurance proceeds to which it is entitled. Meanwhile, the property remains inadequately secured, further compounding the risk of additional damage as the claim continues to be improperly handled and delayed. To cure the defects outlined in this Civil Remedy Notice, Frontline Insurance Unlimited must immediately pay the Insured’s claim in full, as required un-der the Policy, and take corrective action to rectify its failure to act in good faith.
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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.
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DFS-10-363
Rev. 10/14/2008
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