Civil Remedy Notice of Insurer Violations
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Filing Number:     790850
Filing Accepted:  11/7/2024
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Complainant
Last/Business Name *  
FINNEY   First Name   THOMAS AND SUZANNE
Street Address * 21519 EDGEWATER DR
City, State Zip * PORT CHARLOTTE, FL 33952
Email Address * INSURED@MCDONALDBARNHILL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   FINNEY   First Name   THOMAS AND SUZANNE
Policy # * ARK48329 Claim #* 1104073-221013
Attorney
Attorney is Applicable
Last Name* GONTRUM First Name * RYAN Initial L
Street Address* 505 S. MAGNOLIA AVENUE
City, State Zip* TAMPA , FL 33606
Email Address * TAL@MCDONALDBARNHILL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   ASI PREFERRED INSURANCE CORP.
NAIC Company Code 13142
 
Name of individual responsible for violation (if any):* KYLE BIAS
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
* Statutory provision(s) which the insurer allegedly violated.
 
626.9541(1)(i)(1) Attempting to settle claims on the basis of an application, when serving as a binder or intended to become a part of the policy, or any other material document which was altered without notice to, or knowledge or consent of, the insured.
626.9541(1)(i)(2) A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information.
626.9541(1)(i)(3)(e) Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed.
626.9541(1)(i)(3)(f) Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
626.9541(1)(i)(3)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
626.9541(1)(i)(3)(h) Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
626.9541(1)(i)(4) 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).
626.9541(1)(i)(3)(j) Altering or amending an insurance adjuster’s report without: (I) Providing a detailed explanation as to why any change that has the effect of reducing the estimate of the loss was made; and (II) Including on the report or as an addendum to the report a detailed list of all changes made to the report and the identity of the person who ordered each change; or (III) Retaining all versions of the report, and including within each such version, for each change made within such version of the report, the identity of each person who made or ordered such change;
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

***ADDITIONAL STATUTORY PROVISIONS ALLEGED TO HAVE BEEN VIOLATED AS FOLLOWS:*** §624.155(1)(a) Any person may bring a civil action against an insurer when such person is damaged: By the commission of any of the following acts by the insurer: 1. Section 626.9541(1)(i), (o), or (x); §624.155(1)(a) Any person may bring a civil action against an insurer when such person is damaged: By the commission of any of the following acts by the insurer: 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 towards its insured and with due regard for his interests; 2. Making claims payments to insures or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made; or 3. Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage. §624.155 (5) No punitive damages shall be awarded under this section unless the acts giving rise to the violation occur with such frequency as to indicate a general business practice and these acts are: a. Willful, wanton, and malicious; b. In reckless disregard for the rights of any insured; or c. In reckless disregard for the rights of a beneficiary under a life insurance contract; (8) The damages recoverable pursuant to this section shall include those damages which are a reasonably foreseeable result of a specified violation of this section by the authorized insurer and may include an award or judgment in an amount that exceeds the policy limits. §627.70131 Insurer’s duty to acknowledge communications regarding claims; investigation (1)(a) Upon an insurer’s receiving a communication with respect to a claim, the insurer shall, within 14 calendar days, review and acknowledge receipt of such communication unless payment is made within that period of time or unless the failure to acknowledge is caused by factors beyond the control of the insurer which reasonably prevent such acknowledgement. If the acknowledgement is not in writing, a notification indicating acknowledgement shall be made in the insurer’s claim file and dated. A communication made to or by an agent of an insurer with respect to a claim shall constitute communication to or by the insurer. (b) As used in this subsection, the term “agent” means any person to whom an insurer has granted authority or responsibility to receive or make such communications with respect to claims on behalf of the insurer. (c) This subsection shall not apply to claimants represented by counsel beyond those communications necessary to provide forms and instructions. (2) Such acknowledgement shall be responsive to the communication. If the communication constitutes a notification of a claim, unless the acknowledgement reasonably advises the claimant that the claim appears not to be covered by the insurer, the acknowledgement shall provide necessary claim forms, and instructions, including an appropriate telephone number. (3) Unless otherwise provided by the policy of insurance or by law, within 10 working days after an insurer receives proof of loss statements, the insurer shall begin such investigation as is reasonably necessary unless the failure to begin such investigation is caused by factors beyond the control of the insurer which reasonably prevent the commencement of such investigation. (4) For purposes of this section, the term “insurer” means any residential property insurer. (5) Within 90 days after an insurer receives notice of a property insurance claim from a policyholder, the insurer shall pay or deny such claim unless the failure to pay such claim is caused by factors beyond the control of the insurer which reasonably prevent such payment. Failure to comply with this subsection constitutes a violation of this code. ***Specific policy language that is relevant to the violation*** ASI Preferred Insurance Corporation (ASI) failed to adequately adjust and pay the claim covered under the subject insurance policy. Specifically, but not limited to, ASI failed to properly apply the Loss Settlement and Loss Payment provisions of the policy. In addition to the policy sections specifically cited herein, any endorsements or changes to said sections are relevant to the Insured’s claim for civil remedy. There may be additional policy language relevant to this violation that may be discovered.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Thomas and Suzanne Finney’s claim results from wind and water damage from Hurricane Ian which occurred on or about September 28, 2022, to their property located at 21519 Edgewater Dr., Port Charlotte, FL 33952. The property was insured under policy number ARK48329. The extreme wind from the storm caused damage to the exterior of the home including the shingle roof, stucco, and soffits, as well as doors and windows. In turn, the damage to the exterior created openings which allowed water to ingress into the home and caused damage throughout the dwelling. The claim was reported to ASI Preferred Insurance Corporation (“ASI”) and was assigned claim number 1104073-221013. The carrier assigned Kyle Bias as the desk adjuster and sent a series of field adjusters to inspect the property, in addition to issuing an initial payment of $11,675.39. The first, Anita Terry, prepared an estimate which failed to fully account for the extreme damage to the property. This estimate totaled $117,278.08 and yielded additional payment totaling $69,497.68 for the dwelling. ASI also issued payment of $12,587.91 for contents. Mr. and Mrs. Finney hired multiple companies to assist after the loss, including Reform Restoration to perform mitigation for a total of $75,929.28, iPack to prepare a contents damage inventory which totaled $16,783.88, as well as to pack and store contents for a total of $58,766.34, Restoration Construction Team (“RCT”) to repair the property for a total of $355,274.14, and The Public Adjusters, Inc. (“TPA”) as their public adjuster to represent their interests in the claim. TPA compiled this documentation and submitted it to ASI and ASI made several more attempts to adjust the claim. This included having a third-party company, Sedgwick, revise down each of the invoices prepared by Reform Restoration and iPack. Accordingly, ASI decided to issue payment of $53,461.11 for mitigation services, more than $20,000 less than what was owed by the insureds. Along with this payment was an interest payment totaling $3,568.89. This also included sending Edgar Johnson to prepare yet another under-scoped estimate. This estimate totaled $182,743.24, yet ASI did not issue additional payment on this estimate. On its third attempt, ASI sent Dan Lanford to prepare another estimate. Mr. Lanford’s estimate totaled $338,003.48, which revealed many of the deficiencies in ASI’s initial estimates. According to this new estimate ASI issued payment totaling $165,474 for the dwelling. Despite this payment not being issued for almost a year and a half after the loss, ASI did not issue any interest on this payment. ASI also withheld $43,271.49 of depreciation on the dwelling damages, despite being presented with a signed contract from RCT showing the incurred expense. Furthermore, an additional payment from ASI on contents brought the total paid for Coverage C to $37,837.98, despite the invoices from iPack showing more than $70,000 of related expenses. All of these issues were brought to the attention of ASI, but ASI has refused to accept the RCT contract to release the depreciation, and has attempted to leverage a release out of the insureds rather than issue the payment due and owing. ASI’s course of action has continuously delayed indemnification while the Insured’s costs continue to rise. In Florida, the work of adjusting insurance claims engages the public trust. ASI has breached this duty in the adjustment of this loss by refusing to provide proper indemnity, unnecessarily delaying resolution of the claim, improperly withholding depreciation, and failing to take into consideration documentation provided to them which would support additional compensation. ASI has failed to create and implement adequate guidelines for proper investigation of claims handling and for training and supervision of employees and representatives which have resulted in some of the statutory violations set forth above. ASI charged Mr. and Mrs. Finney substantial premium for these coverages but has refused to tender proper payment when under all circumstances it could have and should have done so had it acted fairly and honestly. Additionally, it appears this is done companywide. The Insured has been forced to retain legal counsel to protect his interests. Therefore, to cure the defects outlined in this Civil Remedy Notice, ASI must: 1. Immediately tender all insurance monies due to the Insureds for the loss; 2. Act fairly and honestly towards the Insureds and with due regard for their interests in attempting to settle the claim; 3. Pay statutory interest on the amount of unpaid contractual damages from the date the claim was reported; 4. Cease and desist all present and future bad faith actions with regard to the Insureds’ claim; Failure to cure all defects during the 60-day safe harbor period may result in additional extra-contractual damages.
Comments
User Id Date Added Comment
lashawna_e_nesbitt@progressive.com 01-03-2025 While ASI Preferred Insurance Corp believes that the Civil Remedy Notice fails to comply with the requirements of Florida Statute §624.155 and Florida Case law, it has responded to the notice in writing to Ryan L. Gontrum, on January 3, 2025.
Tom@zinoberdiana.com 01-03-2025 Dear Mr. Gontrum: This correspondence constitutes ASI Preferred Insurance Corp.’s (“ASI”) response to the Civil Remedy Notice of Insurer Violation you filed on behalf of Thomas Finney and Suzanne Finney (collectively, “Complainant”), regarding the above-listed claim. ASI welcomes the opportunity to respond to this Civil Remedy Notice and specifically denies each and every allegation contained therein. ASI also asserts the Civil Remedy Notice fails to comply with the specific notice and information requirements set forth in both § 624.155, Florida Statutes, and Florida Case law. First, the Civil Remedy Notice requires the Complainant, pursuant to § 624.155, Fla. Stat., to indicate all statutory provisions alleged to have been violated. The Notice you filed includes numerous statutory provisions that could be claimed against an insurance company, regardless of whether they are relevant or applicable to the alleged facts contained in the Notice. Because the Civil Remedy Notice fails to identify any specific statutes, it does not comply with § 624.155, Fla. Stat. and, as such, ASI is unable to properly respond. Additionally, § 624.155(2)(b), Fla. Stat., requires the Notice to state with specificity the facts and circumstances giving rise to the purported violations. This notice provides template, unsupported and incorrect allegations and fails to provide the requisite specificity required by § 624.155(2)(b), Fla. Stat. Without the benefit of specific facts and circumstances giving rise to the purported violations, ASI is unable to provide a detailed response. The Civil Remedy Notice also contains “cures” that are unavailable under either the insurance policy or the Civil Remedy Statute. Additionally, the Notice fails to specifically identify a “cure” amount. Notwithstanding the above, ASI categorically denies any and all wrongdoing, including any violation to Florida law. Furthermore, and in light of various misstatements and false accusations made by the Insured in their Notice, ASI would like to clarify the pertinent facts regarding the subject claim, which are identified below. On September 29, 2022, the Complainant reported damage to the Property as a result of Hurricane Ian on September 28, 2022. On October 4, 2022, an independent adjuster with Alacrity Solutions inspected the Property on behalf of ASI. Based on its inspection, Alacrity Solutions prepared an estimate for exterior and interior wind damage. In the meantime, ASI issued emergency payment to the Complainant in the amount of $9,999.99, as well as payment in the amount of $1,675.40 for tarping services performed by Meek Construction. Based on its initial claim investigation and in accordance with the terms and conditions of the Policy, through correspondence dated November 15, 2022, ASI further advised of forthcoming payment in the amount of $69,497.68 for the actual cash value (“ACV”) of the loss under Coverage A. On June 29, 2023, upon review of an estimate submitted by iPack Contents (“iPack”) totaling $58,766.34 for contents pack-out and cleaning services, ASI issued payment in the amount of $58,766.34. Thereafter, iPack submitted several additional estimates totaling over $100,000.00 for the same type(s) of services. Ultimately, ASI issued supplemental payment in the amount of $25,250.07 for the reasonable cost of additional services rendered by iPack, based on a comparative estimate prepared by Sedgwick. On July 3, 2023, ASI issued payment in the amount of $2,000.00 under Coverage A for moisture detection services performed by Air Quality Assessors, Inc. (“AQA”). Also on July 3, 2023, and contrary to Complainant’s allegation that “ASI did not issue additional payment on [the] estimate [totaling $182,743.24,” ASI indeed issued payment in the amount of $4,810.23 ACV under Coverage A, in accordance with its supplemental estimate totaling $182,743.24. On September 22, 2023, ASI also issued payment in the amount of $12,587.91 under Coverage C for damage to contents. On October 16, 2023, ASI issued payment in the amount of $53,461.11 for the reasonable cost of water mitigation services performed by Reform Restoration on behalf of the Complainant, based on a comparative estimate provided by Sedgwick. On the same day, ASI also issued an interest payment in the amount of $3,568.89 under Coverage A. Additionally, Complainant and/or representatives thereof submitted an estimate prepared by Restoration Construction Group LLC (“Restoration Construction”) totaling $355,724.14. Upon review thereof, ASI engaged loss consultant Dan Lanford with Accurate AS to inspect the Property on its behalf. Mr. Lanford inspected the Property on or about October 26, 2023 and, based on his findings, prepared an estimate totaling $282,371.99 under Coverage A. This estimate allowed for most of the work proposed by Restoration Construction, among other things. Based on Mr. Lanford’s findings and in accordance with the terms and conditions of the Policy, ASI ultimately issued supplemental payment in the amount of 135,622.35 ACV under Coverage A. In the Notice, Complainant alleges that “ASI … withheld $43,271.49 of depreciation on the dwelling damage, despite being presented with a signed contract from [Restoration Construction] showing the incurred expense.” This allegation is without merit. As an initial matter, ASI specifically advised of the following through various written communications throughout its claim investigation(s): … The Recoverable Depreciation that has been applied to this loss means that once the repairs have been completed or your items have been replaced, you will need to submit itemized receipts or invoices from your contractor and/or itemized receipts for items replaced. You will need to submit a signed contract showing repairs have been finished and the actual cost of the repairs. Also, submit photographs showing completed repairs. … If your loss includes dwelling damage, your policy provides for the actual cost of the repairs less your deductible and less any non-recoverable depreciation up to the amount of coverage. Should the actual repairs be less than our estimated cost the final payment due, if any, will be based on the actual cost incurred to repair or replace your property. … The foregoing is consistent with the “Loss Settlement” provision of the Policy, which specifically provides: SECTION I – CONDITIONS … 3. Loss Settlement. Covered property losses are settled as follows: … b. Buildings under Coverage A or B at replacement cost without deduction for depreciation, subject to the following: … Under Form HO 00 03, item b.(4) is replaced by the following: b.(4) We will pay at least the actual cash value of the damage, less any applicable deductible, until actual repair is performed. We will pay any remaining amounts necessary to perform such repairs as the work is performed and the expenses are incurred and according to the provisions of b.(1) and b.(2) above. … At all times material hereto, ASI fully complied with the above-cited Policy provision. Specifically, ASI issued payment(s) totaling $335,833.10 ACV for covered damage to the Dwelling. To date, however, Complainant has failed to provide any invoices, receipts, and/or other documentation necessary to establish the “remaining amounts necessary” to perform repairs. To be clear and despite Complainant’s belief to the contrary, the contract provided by Restoration Construction does not “show[] the incurred expense”; in fact, the contract is completely devoid of any specifications regarding the scope and/or cost of work to be performed in relation to this claim. That said, any allegations regarding ASI’s application of the Policy’s “Loss Settlement” provision in this matter are wholly unsupported by the facts in this matter. Overall, based on the information made available to ASI and in accordance with the terms and conditions of the Policy, ASI properly extended coverage for the subject loss totaling $335,833.10 ACV under Coverage A, $37,837.98 under Coverage C, and $44,541.48 under Coverage D. On November 7, 2024, Complainant filed their Notice of Intent to Initiate Litigation (“NOI”) containing a pre-suit settlement demand. However, despite ASI already having paid over $400,000.00 under the Policy, the Complainant’s NOI failed to contain virtually any documentation or explanation to apprise ASI of the amount(s) remaining in dispute, if any. Nonetheless, ASI timely responded to the NOI through correspondence dated November 20, 2024, reaffirming its coverage determination and extending a pre-suit settlement offer in accordance with Florida Statute § 627.70152. To date, the Complainant has not responded to ASI’s pre-suit settlement offer or otherwise clarified the scope of any remaining claim dispute. The foregoing chronology demonstrates that ASI conducted a prompt and adequate investigation of the claim and in accordance with the terms and conditions of the Policy and Florida law. The Claimant’s disagreement with ASI’s coverage determination, alone, is simply not a basis to file a Civil Remedy Notice. Further, the Complainant asserted numerous statutory violations, all of which are typically found in most Civil Remedy Notices regardless of their relevance and applicability to the individual case. ASI denies each and every allegation of statutory or code violation individually as follows: Fla. Stat. §626.9541(1)(i)(1): Denied. This allegation is without merit and should be withdrawn immediately as it cannot be established by any credible evidence. As thoroughly outlined in its multiple coverage determination letters and other correspondences, ASI has extended coverage in this matter based on its thorough claim investigation(s) and in accordance with the specific terms and conditions of the Policy. Claimant’s Notice cites no facts or evidence to the contrary. Fla. Stat. §626.9541(1)(i)(2): Denied. The Claimant should withdraw this allegation from the Notice as it cannot be established by any credible evidence. ASI conducted a prompt investigation of the subject claim and extended coverage in accordance with the terms and conditions of the Policy. At no time material hereto has ASI made any misrepresentation to the Claimant and the Notice cites no facts or evidence to suggest otherwise. Fla. Stat. §626.9541(1)(i)(3)(a): Denied. The standards and methods utilized by ASI in examining its claims have met and exceeded its obligations and industry standards. ASI has conducted the handling of this claim according to such standards. Furthermore, the Claimant does not allege any factual support or offer any evidence that ASI has committed or performed this alleged violation with such frequency as to indicate a general business practice. Fla. Stat. §626.9541(1)(i)(3)(b): Denied. The Claimant should immediately withdraw this allegation from the Notice as it cannot be established by any credible evidence. As outlined above, ASI issued numerous correspondences to the Claimant and/or representatives thereof that clearly and comprehensively outlined the insurance benefits to which the Claimant was entitled in accordance with the terms and conditions of the Policy. Any allegation to the contrary is simply without merit. Fla. Stat. §626.9541(1)(i)(3)(c): Denied. At all times material hereto, ASI acted promptly in responding to claim communications and the Notice cites no facts or evidence to suggest otherwise. Fla. Stat. §626.9541(1)(i)(3)(d): Denied. The Claimant should immediately withdraw this allegation from the Notice as it cannot be established by credible evidence. Importantly, this matter does not involve a denied claim; ASI clearly issued payment(s) totaling over $400,000.00 for covered damage to the Property occurring on September 28, 2022, based on its thorough claim investigation which included multiple physical inspections of the Property, and as thoroughly outlined in its coverage determination letters and/or estimates. Any allegation to the contrary is simply without merit. Fla. Stat. §626.9541(1)(i)(3)(e): Denied. The Claimant should immediately withdraw this allegation from the Notice as it cannot be established by credible evidence. ASI clearly issued payment(s) totaling over $400,000.00 for covered damage to the Property occurring on September 28, 2022, based on its thorough claim investigation which included multiple physical inspections of the Property, and as thoroughly outlined in its coverage determination letters and/or estimates. Any allegation to the contrary is simply without merit. Fla. Stat. §626.9541(1)(i)(3)(f): Denied. The Claimant should immediately withdraw this allegation from the Notice as it cannot be established by credible evidence. Clearly, this matter does not involve a denied claim; ASI issued payment(s) totaling over $400,000.00 for covered damage to the Property occurring on September 28, 2022, based on its thorough claim investigation which included multiple physical inspections of the Property, and as thoroughly outlined in its coverage determination letters and/or estimates. Any allegation to the contrary is simply without merit. Fla. Stat. §626.9541(1)(i)(3)(g): Denied. Claimant should immediately withdraw this allegation from the Notice as it cannot be established by credible evidence. At all times material hereto, ASI apprised the Claimant and/or representatives thereof of any additional information necessary for the processing of the subject claim, and the Notice does not cite to any facts or evidence suggesting otherwise. Fla. Stat. §626.9541(1)(i)(3)(h): Denied. Claimant should immediately withdraw this allegation from the Notice as it cannot be established by credible evidence. At all times material hereto, ASI apprised the Claimant and/or representatives thereof of any additional information necessary for the processing of the subject claim as well as its reasoning for any related request(s), and the Notice does not cite to any facts or evidence suggesting otherwise. Fla. Stat. §626.9541(1)(i)(3)(j): Denied. Claimant should immediately withdraw this allegation from the Notice as it cannot be established by credible evidence. At no time material hereto has ASI improperly altered or amended an insurance adjuster’s report, and the Notice does not cite to any facts or evidence suggesting otherwise. Fla. Stat. §624.155(1)(a)(1): Denied. This allegation is without merit and should be withdrawn immediately. At all times material hereto, ASI acted with fairness and honesty in its prompt and thorough investigation of the claim. Furthermore, in its good faith effort to resolve this matter, ASI extended a pre-suit settlement offer in response to the Claimant’s NOI. To date, Claimant has failed to respond to ASI’s pre-suit settlement offer. Fla. Stat. §624.155(1)(a)(2): Denied. Claimant should immediately withdraw this allegation from the Notice as it cannot be established by credible evidence. In relation to each payment issued by ASI in relation to this claim, ASI provided any itemized estimate(s) on which such payment was based as well as a written statement setting forth the coverage(s) under which such payment was issued. Any allegation to the contrary is simply without merit. Fla. Stat. §624.155(1)(a)(3): Denied. This allegation is without merit and should be withdrawn immediately. At all times material hereto, ASI acted with fairness and honesty in its prompt and thorough investigation of the claim. Additionally, in its good faith effort to resolve this matter, ASI extended a pre-suit settlement offer in response to the Claimant’s NOI. To date, Claimant has failed to respond to ASI’s pre-suit settlement offer. Furthermore, to date, the Complainant has not even provided any indication as to the amount(s) remaining in dispute as it relates to their insurance claim for which ASI has already paid over $400,000.00 under the Policy. Fla. Stat. §624.155(5): Denied. This allegation is without merit and should be withdrawn immediately. At all times material hereto, ASI acted with fairness and honesty in its prompt and thorough investigation of the claim, and the Notice cites to no facts or evidence suggesting otherwise. Fla. Stat. §627.70131: Denied. At all times material hereto, ASI acted promptly in responding to claim communications and the Notice cites no facts or evidence to suggest otherwise. ASI’s response is based on the limited information provided in the Civil Remedy Notice and the information we have to date. If Complainant feels we do not have all the facts, we ask that they please inform us immediately. Please note that ASI’s response is not necessarily exhaustive and, as a result, it does not preclude us from asserting any other valid reasons for the lack of compliance with § 624.155, Fla. Stat. Additionally, neither this response, nor any act or failure to act on the part of ASI, or any agent or representative of ASI, should be construed as a waiver of any rights or defenses. This includes, but is not limited to, proper notice and service by Complainant, or other defenses available by contract or at law. All such rights and defenses are hereby reserved. We believe this response addresses the allegations contained in the Civil Remedy Notice. If you have any questions regarding this matter or need anything further, please do not hesitate to contact the undersigned. Should you or your client have any questions regarding the contents of this letter, please feel free to contact me at your convenience. Sincerely, ZINOBER DIANA & MONTEVERDE, P.A. Julie E. Dubinsky, Esq. jdubinsky@zinoberdiana.com
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.

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DFS-10-363
Rev. 10/14/2008