Civil Remedy Notice of Insurer Violations
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Filing Number:     793743
Filing Accepted:  11/21/2024
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Complainant
Last/Business Name *  
JOSE ENRIQUE DIAZ   First Name   GEISY LISTE CARNERO AND
Street Address * 1506 NE 37TH STREET
City, State Zip * CAPE CORAL, FL 33909
Email Address * N/A
Complainant Type: * Insured
Insured
Last/Business Name*   JOSE ENRIQUE DIAZ   First Name   GEISY LISTE CARNERO AND
Policy # * 08728595 - 2 Claim #* 202410006756
Attorney
Attorney is Applicable
Last Name* ELIMELECH First Name * REBECCA Initial R
Street Address* 1500 N.E. 162ND ST.
City, State Zip* MIAMI , FLORIDA 33162
Email Address * RELIMELECH@ILGPA.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   SLIDE INSURANCE COMPANY
NAIC Company Code 17227
 
Name of individual responsible for violation (if any):* N/A
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
* 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.
624.155(1)(b)(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.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

SECTION I – PROPERTY COVERAGES A. Coverage A – Dwelling 1. We cover: a. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling; and b. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises". B. Coverage B – Other Structures 1. We cover other structures on the "residence premises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection. SECTION I – PERILS INSURED AGAINST A. Coverage A – Dwelling and Coverage B – Other Structures 1. We insure against risk of direct loss to property described in Coverages A and B only if that loss is a physical loss to property.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Geisy Liste Carnero and Jose Enrique Diaz (hereinafter the “Insureds”), paid for a policy of insurance with Slide Insurance Company (hereinafter, “Insurer”) bearing policy number 08728595 - 2 (the “Policy”). The Policy provides coverage for damage to the Insureds’ property located at 1506 NE 37th Street, Cape Coral, FL 33909 (the “Property”), including the significant damage that occurred as a result of Hurricane Helene on or about September 26, 2024 (the “loss”). Specifically, the Insureds’ Property sustained substantial damage to their roof, causing leaks, as well as damage to the interior and exterior of their home. The homeowners’ roof has missing and lifted shingles. The screens on their lanai are damaged. There are water stains in multiple rooms on the ceiling and there is a crack along the ridge on the ceiling in the living room. The homeowners need a tarp for their roof. The Insureds contacted the Insurance Litigation Group, P.A. (hereafter, ILGPA), who promptly reported the Insureds’ claim to the Insurer. On November 7, 2024, the Insurer sent a letter to the Insureds advising that the damages to the Property totaled $12,703.69. In this letter, the Insurer states that their investigation revealed wind damage on all slopes of the roof and interior water damage to the ceilings and drywall in multiple rooms, front, back, left and right elevations have damage to the soffit and fascia repairs. ILGPA conducted a thorough inspection of the property and compiled an estimate of damages. ILGPA, on behalf of the Insureds, forwarded said estimate which fully detailed the Insureds’ damages and total $82,309.00. However, the Insurer refuses to resolve the Insureds’ claim and pay for all damages to the Property. The Insurer’s conduct is in bad faith and violates Florida’s statutes concerning the adjustment of insurance claims. First, Florida Statute § 624.155(1)(B)(1) requires good faith in the settlement of claims. The Insurer is in violation of this Statute for failing to provide a reasonable repair estimate. What is more, the Insurer violated Florida Statute § 624.155(1)(b)(3) by failing to promptly settle the claim, when the obligation to settle the claim became reasonably clear. Again, the Insurer failed to make a good faith offer to settle this claim and failed to account for the full scope of the damages. They failed to respond to the estimate provided by ILGPA, on the Insureds’ behalf, in a timely manner. They are obligated to provide coverage for all damages to the Insureds’ Property, and not attempt to resolve this claim with lowball offers. Additionally, the Insurer’s conduct violates Florida Statute § 626.9541, which prohibits unfair settlement practices. More specifically, the Insurer has violated Florida Statute § 626.9541(1)(i)(3)(a) by failing to adopt and implement standards for the proper investigation of claims. The Insurer sent Kruger Disaster Recovery to install a tarp on the Insureds’ roof. On October 9, 2024, Kruger Disaster Recovery put the cover on the roof. Subsequently, during Hurricane Milton, the cover fell off. Kruger Disaster Recovery caused damage by stepping on sandbags to hold the tarp down. This destroyed the Insureds’ roof. Further, the Insurer has violated Florida Statute § 626.9541(1)(i)(3)(c) by failing to acknowledge and act promptly with the Insureds and its counsel. As mentioned above, the Insurer failed to account for the full scope of the damages and has additionally failed to respond to the estimate provided by ILGPA, on behalf of the Insureds, in a timely manner, delaying the resolution of this claim. Had the Insurer done so, it would have immediately settled this claim on a fair and reasonable basis and provided full coverage to its Insureds. Therefore, to cure the defects outlined in this Civil Remedy Notice, the Insurer must: (1) create and implement adequate guidelines for the proper investigation and evaluation of claims and for the training and supervision of employees, which will avoid future statutory violations and avoid this from occurring in the future; (2) immediately tender all insurance proceeds due and owing its Insureds under the Policy in the amount of $82,309.00 (less the deductible and any prior payments), plus all statutory interest; (3) act fairly and honestly towards its Insureds and with due regard for their interests in attempting to settle their Insureds’ claim; (4) hold the claim open in the event that its errors and delay does or may cause the Insureds to suffer either further loss and/or damage; and, (5) stipulate to the Insureds’ entitlement to attorney’s fees and court costs pursuant to Florida Statutes §§ 627.428 and 626.9373. Acknowledgment This notice is given in order to perfect the right to pursue the civil remedy authorized by Florida Statutes section 624.155, should Slide Insurance Company fail to cure the violations set forth in this Civil Remedy Notice within the given cure period.
Comments
User Id Date Added Comment
relimelech@ilgpa.com 06-22-2026 This Civil Remedy Notice is hereby withdrawn.
mthornton@slideinsurance.com 01-16-2025 Via E-mail & Posting on DFS Website Rebecca Elimelech, Esq. Insurance Litigation Group 1500 NE 162nd St Miami, FL 33162 relimelech@ilgpa.com Complainant: Geisy Liste Carnero and Jose Enrique Diaz Insured: Geisy Liste Carnero and Jose Enrique Diaz Claim No: 202410006756 Policy No: 08728595 CRN Filing No.: 793743 Dear Rebecca Elimelech: Please allow this correspondence to serve as Slide Insurance Company’s (“Slide”)’s response to the Civil Remedy Notice (“CRN”) filed on behalf of Geisy Liste Carnero and Jose Enrique Diaz (“Insured”). The CRN was accepted by the Department on November 21, 2024. Without waiving any objections to the sufficiency of the CRN, and specifically subject to a reservation of all rights and defenses herein, Slide denies all allegations that it violated Florida Statutes or other codes, regulations, and/or rules in this matter. Slide challenges the validity of the CRN as it fails to state facts material to the alleged violations, including but not limited to, the applicable dates and timeline of the conduct asserted, and raises allegations that are unsupported by the facts or subject insurance policy. See, e.g., Julien v. United Prop. & Cas. Ins. Co., 311 So.3d 875, 879 (Fla. 4th DCA 2021); Demase v. State Farm Florida Insurance Company, 351 So.3d 136, 138-39 (Fla. 5th DCA 2022) (holding the trial court properly determined a civil remedy notice that failed to state with specificity the relevant policy language was legally insufficient). Thus, the CRN is deficient and should be returned by the Department. CLAIM FACTS Slide acquired a homeowners’ insurance policy from Citizens Property Insurance Corporation, issued to the Insured for property located at 1506 NE 37th Street, Cape Coral, Florida, for the period from December 19, 2023 to December 14, 2024, (the “Policy”). On October 7, 2024, Insurance Litigation Group, PA, filed a claim on the Insured’s behalf for damage to their property from Hurricane Helene. The date of loss was reported as September 26, 2024. Slide acknowledged receipt of the claim and assigned a licensed field adjuster to inspect the loss. Per the Insured’s request, Kruger General Services, Inc. (“Kruger”), installed a tarp on the roof of the property on October 9, 2024. Kruger submitted a photograph report, signed “Authorization for Emergency Services”, signed “Certificate of Completion”, signed “Client Acknowledgment and Disclaimer”, and invoice for the completed services. The field adjuster completed an inspection of the property with the Insured’s Public Adjuster Eliyahi Brass on October 30, 2024. The field adjuster documented creased and missing shingles on the roof as well as evidence of wind damage to the soffits and gutters. Inside the property, stains were observed on the ceilings in the hallway and two (2) bedrooms, and bathrooms. Based on the investigation, Slide advised the Insured on or about November 7, 2024, that the claim was covered. Payment was immediately issued to the Insured, including the cost for a full roof replacement. A coverage explanation letter and itemized estimate were provided to the Insured via their attorney representative, in accordance with the Policy and Florida law. Slide also paid for the tarping services performed by Kruger. In an email to Slide on November 18, 2024, the Insured’s attorney submitted an estimate prepared by an unidentified individual claiming damages of $80,452.93 as a result the reported loss. The estimate included repairs to areas and items not previously reported in the claim or which are unrelated to the loss. Before Slide had an opportunity to investigate the Insured’s estimate and claims, the Insured filed the subject CRN three (3) days later on November 21, 2024. Thus, contrary to the Insured’s allegations, at the time of this CRN Slide’s coverage investigation had only recently been reopened to address the additional damages raised by the Insured less than a week prior. Slide maintains that it has acted in accordance with the terms of the Policy and the law in its adjustment of the claim. The facts and circumstances set forth in the CRN are misleading, vague, and incomplete. The Insured has presented no evidence to support the allegations of claim delay, unfair trade practice, or unsatisfactory settlement offer. Rather, the facts show Slide promptly investigated the loss, made communications as necessary to adjust the claim, notified the Insured and their representatives of the coverage decision, and made timely payments to the Insured in compliance with the Policy. To date, neither the Insured nor their representatives have presented any evidence that would alter Slide’s understanding of the loss and coverage. denial of all violations of florida statute The CRN asserts Slide violated §§ 624.155(1)(b)(1), 624.155(1)(b)(3), 626.9541(1)(i)(3)(a), and 626.9541(1)(i)(3)(c), Fla. Stats. Notwithstanding any challenges to the CRN’s legal sufficiency, and specifically subject to a reservation of all defenses and/or rights, Slide categorically denies all violations of Florida Statutes or any other codes, regulations, and/or rules in its handling of the subject loss. The underlying claim was investigated and adjusted in as thorough and expedient a manner as possible. Following the evaluation of loss, including but not limited to an on-site inspection, the Insured was notified of the coverage decision pursuant to the Policy’s terms, conditions, endorsements, limitations, and exclusions. A payment was immediately issued to the Insured along with an itemized estimate of the covered damages. The claim was reopened for further investigation following receipt of the Insured’s estimate on November 18, 2024, however, before Slide could complete an investigation of the claims, the Insured filed the instant CRN on November 21, 2024. Therefore, Slide was prevented any opportunity to verify the Insured’s claims or determine the scope and coverage of the supplemental damages raised in the Insured’s estimate. The documented facts show Slide has diligently investigated this claim, has been forthcoming and truthful regarding the pertinent claim facts and Policy provisions relating to the loss, and promptly responded to all communications from the Insured and/or their representatives. There is simply no support for the violations raised in this CRN and Slide asserts its full and strict compliance with the statutory requirements imposed upon it. The Insured has submitted absolutely no facts or circumstances to support their allegations. CONCLUSION In filing this response, Slide does not intend to waive any rights or defenses that it may have in law or the policy. Rather, Slide expressly reserves all such rights and defenses without exception or limitation. Should there be any questions or further inquiry with respect to this matter, please contact the undersigned at mthornton@slideinsurance.com. Sincerely, /s/ Marianne Thornton Marianne Thornton, Esq. Staff Counsel
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