Civil Remedy Notice of Insurer Violations
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Filing Number:     787657
Filing Accepted:  10/20/2024
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Complainant
Last/Business Name *  
ROWE   First Name   EDWARD
Street Address * 2826 NORTHEAST 7TH STREET
City, State Zip * OCALA, FL 34470
Email Address * EROWE @GMAIL.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   FORT LAUDERDALETRANSFER & RIGGING, INC.   First Name  
Policy # * ORANGL000358-01 Claim #* UNKNOWN
Attorney
Attorney is Applicable
Last Name* HENRATTY First Name * SCOTT Initial L
Street Address* 8151 PETERS ROAD, 4TH FLOOR
City, State Zip* PLANTATION , FLORIDA 33324
Email Address * SHENRATTY@FORTHEPEOPLE.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   OLD REPUBLIC UNION INSURANCE COMPANY
NAIC Company Code 31143
 
Name of individual responsible for violation (if any):* UNKNOWN
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.

The policy provides bodily injury coverage in the amount of $1,000,000.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

On Feburary 24, 2021, Ed Rowe was travling in front of the property owned by Ft Lauderdale Transfer and Rigging, Inc when he crashed into a pothole created by the illegal pumping of water by Ft. Lauderdale Transfer and Rigging as documented by the Town of Davie and an adjacent property owner, Broward Truck Center, LLC. As a result of this crash Ed Rowe suffered a tramatic brain injury. All medical records, photographs, bills, life care plan and depositions have been provided to counsel for Ft. Lauderdale Transfer and Rigging, Inc. Old Republic is clearly in bad faith for not tendering its policy as previously demanded. This bad faith can be repaired by the tendering of the $1,000,000 policy limit to the attorney listed above for the benefit of Mr. Ed Rowe within the 60 day period allowed by this civil remedy notice.
Comments
User Id Date Added Comment
josh.levy@kennedyslaw.com 12-04-2024 Our law firm represents Old Republic Union Insurance Company (“Old Republic”) as coverage counsel. Old Republic issued policy number ORANGL000358-01 to the Insured, Fort Lauderdale Transfer & Rigging, Inc. Old Republic specifically denies each and every alleged violation, denies any breach of any policy provisions, and has at all times acted in good faith and with due regard for the interests of the Insured. A detailed response was sent to counsel for Claimant on December 4, 2024. If the Department requires a more detailed response, one will be provided.
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.

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