Filing Number: 791284
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| Filing Accepted: 11/11/2024 |
| Last/Business Name
*
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MARSHALL
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First Name |
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MICHELLE |
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| Street Address
*
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1026 W LAKE DAMON DRIVE |
| City, State Zip
*
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AVON PARK,
FL
33825
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| Email Address
*
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HRHMWM@GMAIL.COM |
| Complainant Type:
*
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Insured |
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| Last/Business Name* |
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MARSHALL |
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First Name |
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MICHELLE |
| Policy # * |
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FLP616868 |
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Claim #* |
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1443879-241013 |
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Attorney is Applicable
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| Last Name* |
ROYER
First Name *
CHRISTOPHER
Initial
W
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| Street Address* |
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350 EAST LAS OLAS BOULEVARD, SUITE 800 |
| City, State Zip* |
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FORT LAUDERDALE
,
FL
33301
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| Email Address * |
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PLEADINGS-JJS@KRUPNICKLAW.COM |
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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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ASI PREFERRED INSURANCE CORP.
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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 13142 |
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| Name of individual responsible for violation (if any):*
CECILY CROWLEY
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| Type of Insurance
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Residential Property & Casualty
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| Reason for Notice
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Claim Denial
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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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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
7. Loss Assessment
a. We will pay up to the amount shown on the Declarations Page for your share of loss assessment charged during the policy period against you by a corporation or association of property owners, when the assessment is made as a result of direct loss to the property, owned by all members collectively, caused by a Peril Insured Against under Coverage A – Dwelling, other than earthquake or land shock waves or tremors before, during or after a volcanic eruption.
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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.
Claimant's homeowners association levied an assessment to all property owners in the amount of $2,000 to cover the balance of roof repairs caused by a hurricane. The claim was denied based upon what the underlying homeowner's association's insurance carrier paid. However, no where in the clause above does it say that this payment would be conditioned upon payment by a third party. It clearly states that it will "pay up to the amount shown on the Declarations Page for your share of loss assessment charged during the policy period against you by a corporation or association of property owners, when the assessment is made as a result of direct loss to the property, owned by all members collectively, caused by a Peril Insured Against under Coverage A – Dwelling, other than earthquake or land shock waves or tremors before, during or after a volcanic eruption." The roof was clearly damaged due to a hurricane and the claimant submitted proof of payment of her share of the loss assessment for roof damages yet the claim was denied based upon what the underlying carrier determined.
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*
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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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