Civil Remedy Notice of Insurer Violations
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Filing Number:     790303
Filing Accepted:  11/5/2024
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Complainant
Last/Business Name *  
FAIRWAY FORE CONDOMINIUM ASSOCATION, INC.   First Name   MICHELLE
Street Address * 1026 W LAKE DAMON DRIVE
City, State Zip * AVON PARK, FL 33825
Email Address * HRHMWM@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   FAIRWAY FORE CONDOMINIUM ASSOCIATION, INC.   First Name  
Policy # * BCN06466 Claim #* 68901DN
Attorney
Attorney is Applicable
Last Name* ROYER First Name * CHRISTOPHER Initial W
Street Address* KRUPNICK CAMPBELL MALONE 350 EAST LAS OLAS BOULEVARD, SUITE 800
City, State Zip* FORT LAUDERDALE , FL 33301
Email Address * MMMARSHALL@KRUPNICKLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   UNDERWRITERS AT LLOYD'S, LONDON
NAIC Company Code
 
Name of individual responsible for violation (if any):* DARLENE NORRIS
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
* 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.

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.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

This claim arises from hurricane damage to the condominium complex requiring the replacement of the roof. The insurer had the benefit of an independent adjuster to assess the damage and submitted a report to the insurer. Thereafter, the insurer offered in total (including recoverable depreciation) the amount of $61,874.04. The insured had the work performed and submitted proof of same for final payment of the recoverable depreciation. However, the insurer is now denying payment of the final depreciation payment stating that some of the repair was not hurricane related despite the fact that its own independent adjuster made the determination that it was. It is also claiming that since the repairs were performed for less than the settlement amount, the insured has been overpaid already. The settlement check in the amount of $53,120.37 and total settlement amount was accepted in good faith by the insured and it is entitled to the recoverable depreciation in the amount of $8,753.67 as agreed to when it accepted and cashed the settlement check.
Comments
User Id Date Added Comment
dania@sselegal.com 01-03-2025 Please note that the parties have amicably settled this claim. The settlement is inclusive of any claims for 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