Civil Remedy Notice of Insurer Violations
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Filing Number:     790301
Filing Accepted:  11/5/2024
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Complainant
Last/Business Name *  
LEGENDS LIQUOR WINE AND MORE LLC   First Name  
Street Address * 8275 4TH ST N.
City, State Zip * ST. PETERSBURG, FL 33702
Email Address * LEGENDSLIQUOR83@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   LEGENDS LIQUOR WINE AND MORE LLC   First Name  
Policy # * N9BP798173 Claim #* N9BP798173-001-001-001
Attorney
Attorney is Applicable
Last Name* DICKEY First Name * ERIC Initial W
Street Address* 1715 WEST CLEVELAND STREET
City, State Zip* TAMPA , FL 33606
Email Address * ERIC@WILLIAMSPA.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   BERKSHIRE HATHAWAY DIRECT INSURANCE COMPANY
NAIC Company Code 10391
 
Name of individual responsible for violation (if any):* ALL ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIAT-ED WITH OR RETAINED BY BERKSHIRE HATHAWAY DIRECT INSURANCE COMPANY IN THIS CLAIM.
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Delay
Claim Denial
Unsatisfactory Settlement Offer
Unfair Trade Practice
Other : Failure to Properly Investigate Claim and with Due Regard to Insured's Interest
Other : Failure to Pay the Claim in Full
* 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)(d) Denying claims without conducting reasonable investigations based upon available information.
* 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: Berkshire Hathaway Direct Insurance Company Policy No.: N9BP798173 loss payment provision, policy definitions, and policy exclusions section.
 
* 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: 8275 4th St N., St. Petersburg, FL 33702 Insurer’s Address: 1314 Douglas Street, Suite 1400, Omaha, NE 68102-1944 This complaint is made on behalf of Legends Liquor Wine and More LLC (“Insured”) and against Berkshire Hathaway Direct Insurance Company. In consideration of the premium paid to it by the Insured, Berkshire Hathaway Direct Insurance Company issued to the Insured an insurance policy, Policy No.: N9BP798173 (the “Policy”). On or about September 17, 2023, while the Policy was in full force and effect, the Insured suffered a fire loss to the property lo-cated at 8275 4th St N., St. Petersburg, FL 33702. Berkshire Hathaway Direct Insurance Company was afforded a complete opportunity to investigate the loss, but conducted a limited and inadequate investigation that looked for reasons to avoid paying the claim. As a result of this limited and inadequate investigation, driven by the desire of Berkshire Hathaway Direct Insurance Company to avoid developing evidence that significant insurance proceeds are owed by it to its Insured, Berkshire Hathaway Direct Insurance Company did not pay its Insured what the Insured is rightfully entitled to under the insurance policy. In addition to Berkshire Hathaway Direct Insurance Company improperly investigating the claim, Berkshire Hathaway Direct Insurance Company improperly interpreted its policy so that it could avoid paying insurance proceeds it owes under the policy. The combination of these acts combined to cause damage to the Insured by way of the Insured having to expend additional resources to collect insurance proceeds that are rightfully owed, lost business income, and the corresponding damage caused by that lost business income, and interest. Therefore, to cure the defects outlined in this Civil Remedy Notice, Berkshire Hathaway Direct Insurance Company must pay the Insured's claim in full.
Comments
User Id Date Added Comment
kwoods@hinshawlaw.com 12-20-2024 Hinshaw & Culbertson LLP, on behalf of Berkshire Hathaway Direct Insurance Company, responded to the Civil Remedy Notice in correspondence dated December 20, 2024, to Legends Liquor Wine and More LLC c/o Eric W. Dickey, Esq. denying it acted in bad faith.
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