Filing Number: 787719
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| Filing Accepted: 10/21/2024 |
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WEKIVA COUNTRY CLUB VILLAS, HOMEOWNERS' ASSOCIATION, INC.
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First Name |
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| Street Address
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686 N. HUNT CLUB BLVD. |
| City, State Zip
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LONGWOOD,
FL
32779
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| Email Address
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WITHHELD |
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Insured |
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WEKIVA COUNTRY CLUB VILLAS, HOMEOWNERS' ASSOCIATION, INC. |
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First Name |
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GREGORY |
| Policy # * |
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CRP0000431-02 |
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Claim #* |
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ICAT-2022-V-0000030636 |
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Attorney is Applicable
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| Last Name* |
GREENBERG
First Name *
GREGORY
Initial
N.
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| Street Address* |
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350 N. LAKE DESTINY RD. |
| City, State Zip* |
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MAITLAND
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FL
32751
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| Email Address * |
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GGREENBERG@ITSABOUTJUSTICE.LAW |
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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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CENTAURI SPECIALTY INSURANCE 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 12573 |
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| Name of individual responsible for violation (if any):*
UNKNOWN
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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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Unfair Trade Practice
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Other
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Failure to pay undisputed benfits
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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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| 624.401(4)(b)(3) |
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However, any person acting as an insurer without a valid certificate of authority who violates this section commits insurance fraud, punishable as provided in this paragraph. If the amount of any insurance premium collected with respect to any violation of this section 3 is $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and the offender shall be sentenced to a minimum term of imprisonment of 2 years.
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| 626.9541(1)(i)(4) |
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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).
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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.
A. Coverage
We will pay for direct physical loss of or damage to
Covered Property at the premises described in the
Declarations caused by or resulting from any Covered
Cause of Loss.
1. Covered Property
Covered Property, as used in this Coverage
Part, means the type of property described in
this section, A.1., and limited in A.2., Property
Not Covered, if a Limit of Insurance is shown in
the Declarations for that type of property.
a. Building, meaning the building or structure
described in the Declarations, including:
(1) Completed additions;
(2) Fixtures, outside of individual units,
including outdoor fixtures;
(3) Permanently installed:
(a) Machinery; and
(b) Equipment;
4. Loss Payment
a. In the event of loss or damage covered by
this Coverage Form, at our option, we will
either:
(1) Pay the value of lost or damaged property;
(2) Pay the cost of repairing or replacing the
lost or damaged property, subject to b.
below;
(3) Take all or any part of the property at an
agreed or appraised value; or
(4) Repair, rebuild or replace the property
with other property of like kind and quality,
subject to b. below.
We will determine the value of lost or damaged
property, or the cost of its repair or
replacement, in accordance with the applicable
terms of the Valuation Condition in
this Coverage Form or any applicable provision
which amends or supersedes the
Valuation Condition.
FLORIDA CHANGES - RESIDENTIAL
CONDOMINIUM ASSOCIATIONS
This endorsement modifies insurance provided under the following:
CONDOMINIUM ASSOCIATION COVERAGE FORM
SCHEDULE
Condominium Additional Building Property
Premises Number Building Number Additional Covered Property
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A.Building section is replaced by
the following:
1.Building, meaning the building
or structure described in the
Declarations, including:
a.Additions, alterations and
repairs;
b.Fixtures, outside of individual
units, including outdoor
fixtures;
c.Permanently installed:
(1)Machinery; and
(2)Equipment;
d.Personal property owned by
you that is used to maintain or
service the building or structure
or its premises, including:
(1)Fire extinguishing
equipment;
(2)Outdoor furniture;
(3)Floor coverings; and
(4)Appliances used for
refrigerating, ventilating,
cooking, dishwashing or
laundering that are not
contained within individual
units;
ORDINANCE OR LAW COVERAGE
This endorsement modifies insurance provided under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
CONDOMINIUM ASSOCIATION COVERAGE FORM
STANDARD PROPERTY POLICY
SCHEDULE*
Bldg. No./
Prem. No. Cov. A
Cov. B
Limit
Of Insur.
Cov. C
Limit
Of Insur.
Cov. B And C
Combined Limit
Of Insur.
1 / 1 X
$ $ $ 19,053
2 / 1 X
$ $ $ 19,053
3 / 1 X
$ $ $ 25,801
*Information required to complete the Schedule, if not shown on this endorsement, will be shown in the Declarations.
**Do not enter a Combined Limit of Insurance if individual Limits of Insurance are selected for Coverages B and C, or
if one of these Coverages is not applicable.
A. Each Coverage – Coverage A, Coverage B and
Coverage C – is provided under this endorsement
only if that Coverage(s) is chosen by entry in the
above Schedule and then only with respect to the
building identified for that Coverage(s) in the Schedule.
B. Application Of Coverage(s)
The Coverage(s) provided by this endorsement apply
only if both B.1. and B.2. are satisfied and are
then subject to the qualifications set forth in B.3.
1. The ordinance or law:
a. Regulates the demolition, construction or
repair of buildings, or establishes zoning
or land use requirements at the described
premises; and
b. Is in force at the time of loss.
But coverage under this endorsement applies only
in response to the minimum requirements of the ordinance
or law. Losses and costs incurred in complying
with recommended actions or standards that
exceed actual requirements are not covered under
this endorsement.
2.a. The building sustains direct physical damage
that is covered under this policy and such
damage results in enforcement of the ordinance
or law; or
b. The building sustains both direct physical
damage that is covered under this policy and
direct physical damage that is not covered
under this policy, and the building damage in
its entirety results in enforcement of the ordinance
or law.
c. But if the building sustains direct physical
damage that is not covered under this policy,
and such damage is the subject of the ordinance
or law, then there is no coverage under
this endorsement even if the building has
also sustained covered direct physical damage.
3. In the situation described in B.2.b. above, we
will not pay the full amount of loss otherwise
payable under the terms of Coverages A, B,
and/or C of this endorsement. Instead, we will
pay a proportion of such loss; meaning the proportion
that the covered direct physical damage
bears to the total direct physical damage.
POLICY NUMBER: CRP 0000431-02 COMMERCIAL PROPERTY
CP 04 05 04 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ORDINANCE OR LAW COVERAGE
This endorsement modifies insurance provided under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
CONDOMINIUM ASSOCIATION COVERAGE FORM
STANDARD PROPERTY POLICY
SCHEDULE*
Bldg. No./
Prem. No. Cov. A
Cov. B
Limit
Of Insur.
Cov. C
Limit
Of Insur.
Cov. B And C
Combined Limit
Of Insur.
4 / 1 X
$ $ $ 13,442
5 / 1 X
$ $ $ 16,533
6 / 1 X
$ $ $ 25,240
*Information required to complete the Schedule, if not shown on this endorsement, will be shown in the Declarations.
**Do not enter a Combined Limit of Insurance if individual Limits of Insurance are selected for Coverages B and C, or
if one of these Coverages is not applicable.
A. Each Coverage – Coverage A, Coverage B and
Coverage C – is provided under this endorsement
only if that Coverage(s) is chosen by entry in the
above Schedule and then only with respect to the
building identified for that Coverage(s) in the Schedule
B. Application Of Coverage(s)
The Coverage(s) provided by this endorsement apply
only if both B.1. and B.2. are satisfied and are
then subject to the qualifications set forth in B.3.
1. The ordinance or law:
a. Regulates the demolition, construction or
repair of buildings, or establishes zoning
or land use requirements at the described
premises; and
b. Is in force at the time of loss.
But coverage under this endorsement applies only
in response to the minimum requirements of the ordinance
or law. Losses and costs incurred in complying
with recommended actions or standards that
exceed actual requirements are not covered under
this endorsement.
2.a. The building sustains direct physical damage
that is covered under this policy and such
damage results in enforcement of the ordinance
or law; or
b. The building sustains both direct physical
damage that is covered under this policy and
direct physical damage that is not covered
under this policy, and the building damage in
its entirety results in enforcement of the ordinance
or law.
c. But if the building sustains direct physical
damage that is not covered under this policy,
and such damage is the subject of the ordinance
or law, then there is no coverage under
this endorsement even if the building has
also sustained covered direct physical damage.
3. In the situation described in B.2.b. above, we
will not pay the full amount of loss otherwise
payable under the terms of Coverages A, B,
and/or C of this endorsement. Instead, we will
pay a proportion of such loss; meaning the proportion
that the covered direct physical damage
bears to the total direct physical damage.
\ D. Coverage
1. Coverage A – Coverage For Loss To The
Undamaged Portion Of The Building
With respect to the building that has sustained
covered direct physical damage, we will pay under
Coverage A for the loss in value of the undamaged
portion of the building as a consequence
of enforcement of an ordinance or law
that requires demolition of undamaged parts of
the same building.
Coverage A is included within the Limit of Insurance
shown in the Declarations as applicable to
the covered building. Coverage A does not increase
the Limit of Insurance.
CAUSES OF LOSS – SPECIAL FORM
Words and phrases that appear in quotation marks have special meaning. Refer to Section G., Definitions.
A. Covered Causes Of Loss
When Special is shown in the Declarations, Covered
Causes of Loss means Risks Of Direct
Physical Loss unless the loss is:
1. Excluded in Section B., Exclusions; or
2. Limited in Section C., Limitations;
that follow.
2. An appraisal of the loss, in
writing. In this event, each
party will select a competent
and impartial appraiser. The
two appraisers will select
an umpire. If they cannot
agree, either may request that
selection be made by a judge of
a court having jurisdiction. The
appraisers will state separately
the value of the property and
amount of loss. If they fail to
agree, they will submit their
differences to the umpire.
g. We will pay for covered loss or damage to
Covered Property within 30 days after we
receive the sworn proof of loss, if you have
complied with all of the terms of this Coverage
Part and:
(1) We have reached agreement with you
on the amount of loss; or
(2) An appraisal award has been made.
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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.
On or about November 9, 2022, Wekiva County Club Villas Homeowners Association, Inc. (“Insured”), suffered significant damage caused by Hurricane Nicole resulting in dozens of units with interior damages from leaking roofs. Insured is a residential condominium association with many retired residents who expected to enjoy their retirement but are now left picking up the pieces of their lives due to their insurance company’s outright refusal to honor its obligations and misrepresentation of information available to it.
Prior to the loss, Centauri Specialty Insurance Company (“Centauri”) issued a policy of insurance (policy no.: CRP0000431-02) for Insured’s property. Said policy, which was in full force and effect on the date of loss, afforded coverage for damage caused by a hurricane and water that enters through a storm-created opening.
Unfortunately, this is the second Civil Remedy Notice in relation to the damages suffered by Insured due to Hurricane Nicole. The prior Civil Remedy Notice (DFS filing no. 740527) details Centauri’s gross undervaluation of Insured’s claim. The purpose of this Civil Remedy Notice is to put Centauri on notice it still has not issued undisputed benefits to Insured in violation of Florida law.
Centauri originally represented to Insured that Insured’s damages were below deductible on every single building, and, as a result, did not issue a penny to Insured. After demanding appraisal on July 7, 2023, Insured dutifully cooperated in the appraisal process for over 15 months incurring substantial costs to simply get what is owed to it. Finally, on October 15, 2025 Centauri was forced to issue payment to Insured in the amount of $2,582,294,48 after application of the deductible and withholding recoverable depreciation. Put another way, Centauri originally represented to its Insured that the damages to its property were $31,737.24 (replacement cost value). The replacement cost value appraisal award signed by a neutral umpire and Centauri’s own appraiser set the amount of loss at $3,426,647.77. Centauri’s original representation of what it owed is less than 1% of what it was forced to pay Insured through appraisal. This alone would shock any reasonable person, much less that Insured has wait for more than two years just to get its first undisputed payment on its claim.
Florida Statute Section 627.70131(7)(a) (January 1, 2022) states in pertinent part: Any payment of an initial or supplemental claim or portion of such claim made 60 days after the insurer receives notice of the claim, or made after the expiration of any additional timeframe provided to pay or deny a claim or a portion of a claim made pursuant to an order of the office finding factors beyond the control of the insurer, whichever is later, bears interest at the rate set forth in s. 55.03. Interest begins to accrue from the date the insurer receives notice of the claim. The provisions of this subsection may not be waived, voided, or nullified by the terms of the insurance policy. If there is a right to prejudgment interest, the insured must select whether to receive prejudgment interest or interest under this subsection. Interest is payable when the claim or portion of the claim is paid. Failure to comply with this subsection constitutes a violation of this code.
On September 20, 2024, Insured sent a correspondence to Centauri informing it that was electing statutory interest pursuant to 627.70131(7)(a). Centauri received notice of Insured’s supplemental request for benefits on July 7, 2023 and has failed to comply with Florida law by issue the statutory interest on the undisputed payment it made on October 15, 2024.
In order to cure this Civil Remedy Notice, Centauri must issue statutory interest pursuant to Florida Statute Section 627.70131(7)(a). The payment should be provided to Insured’s counsel, Gregory N. Greenberg, Esq., at 350 N. Lake Destiny Road, Suite 300, Maitland, FL 32751.
Centauri’s corporate address is 4081 Lakewood Ranch Blvd. Suite 200, Sarasota, FL 34240
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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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