Civil Remedy Notice of Insurer Violations
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Filing Number:     794179
Filing Accepted:  11/26/2024
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Complainant
Last/Business Name *  
DEPOSITAR   First Name   TODD
Street Address * 5231 FLAMINGO DRIVE
City, State Zip * SAINT JAMES CITY, FL 33956
Email Address * TODD_TERESA@PROTONMAIL.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   SCHOONER BAY CONDOMINIUM   First Name  
Policy # * 20714332 Claim #* 300-0370723-2024
Attorney
Attorney is Applicable
Last Name* GOLDBERG First Name * LOGAN Initial A
Street Address* 1533 HENDRY STREET, STE 200
City, State Zip* FORT MYERS , FL 33901
Email Address * LOGANGOLDBERG@GOLDBERG-LAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   AUTO-OWNERS INSURANCE COMPANY
NAIC Company Code 18988
 
Name of individual responsible for violation (if any):* STEVEN CASTELLANO C/O AUTO-OWNERS INSURANCE COMPANY PO BOX 30660, LANSING, MI 48909-8160
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Denial
* Statutory provision(s) which the insurer allegedly violated.
 
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of 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.

Coverage C – Medical Payments: 1. Insuring Agreement. a. We will pay medical expenses as described below for “bodily injury: caused by an accident: (1) on premises you own or rent; (2) on ways next to premises you own or rent; or (3) because of your operations; provided that: the accident takes place in the “coverage territory” and during the policy period; (b) the expenses are incurred and reported to us within one year of the date of the accident; and (c) the injuries person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonably expenses for: (1) first aid administered at the time of an accident; (2) necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) necessary ambulance, hospital, professional nursing and funeral services.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Mr. Todd Depositar is both a resident of Schooner Bay Condominium and is contracted to perform maintenance responsibilities as an independent contractor for Schooner Bay Condominium. On November 15, 2023, a different resident of Schooner Bay negligently fell asleep due to alcohol consumption with a lit cigarette in her mouth causing a fire in her unit. Mr. Depositar, as a part of his responsibility to Schooner Bay, entered the unit extinguished the fire and removed the unit owner from danger. Schooner Bay Condominium failed to perform any background checks or any type of screening of the individual living in their Condominium as detailed in their own rules and regulations. Following the November incident, with Schooner Bay Condominium taking not steps or precautions to make sure that another similar event did not occur, on December 20, 2023, the same owner in the same unit once again fell asleep intoxicated with a lit cigarette in her mouth causing another fire. Mr. Depositar, assuming his responsibilities, responded to the unit and once again dragged the unit owner to safety before returning to extinguish the fire. Unfortunately, this time, Mr. Depositar was overcome with smoke and fell injuring his back. Another individual on the property came in and dragged Mr. Depositar to safety. Mr. Depositar was treated at the hospital for smoke inhalation as well as pain to his back. Mr. Depositar has incurred out of pocket costs due to this treatment. Auto-Owners has refused to provide Medical Payments Coverage as it related to the incident on December 20, 2023. Auto-Owners Insurance Companies can cure the allegations herein by promptly tendering the Medical Payments Coverage due to Mr. Depositar to the Goldberg Noone Abraham Trust Account f/b/o Todd Depositar.
Comments
User Id Date Added Comment
castellano.steven@aoins.com 01-17-2025 Florida Department of Financial Services Office of Insurance Regulation FDFS File # 794179 Accepted Date 11/26/2024 Claim # 300-0370723-2024 Insured Schooner Bay Condominium Association of North Fort Myers Regarding Todd Depositar Date of Loss 12/20/2023 This correspondence shall serve as a response to the Civil Remedy Notice filed on behalf of Todd Depositar. Southern-Owners Insurance Company objects to the CRN, as the CRN is defective, for the following reasons: • The CRN names and is directed at the wrong insurance carrier; • The CRN is not stated with specificity, but rather just sets forth conclusory statements. The lack of specificity in the allegations renders the CRN invalid on its face; • The CRN fails to adequately identify or explain how Southern-Owners Insurance Company violated the provisions of Florida law cited in the CRN. Due to the lack of specificity and other defects, the CRN is invalid and cannot serve as a condition precedent to any action for alleged bad faith against Southern-Owners Insurance Company under Florida Statute 624.155, or otherwise under Florida law. Subject to, and without waiving these denials and objections, and subject to and without waiving any other available defenses, Southern-Owners Insurance Company states that it has not violated any applicable provision of Florida law in handling this claim. Southern-Owners Insurance Company affirmatively states that it has at all times acted in good faith, fairly, honestly, and with reasonable diligence in its handling and investigation of the claim. A claim for medical payments was asserted after Todd Depositar, entered a private residence located at Schooner Bay Condominium Association to extinguish a fire and allegedly sustained injuries while in the private residence. It has been alleged that he incurred medical bills as a result. After it was determined that the alleged injuries did not occur at or on the insured property, but rather, in a private residence, Todd Depositar’s claim for medical payments was denied pursuant to the terms of the Southern-Owners policy. It is important to note, while an insurance company is required to settle claims that should be settled, it is not required to settle claims that are legitimately contested. Florida law continually affirms the principle that an insurer has the right to investigate claims, and an insurance company is expressly afforded an opportunity to evaluate its rights and liabilities. Neither the subject policy nor Florida law provide that a carrier must accept whatever demand it is provided by its insured as the amount necessary to cover a loss. In the instant case, the violations alleged by the insured all revolve around the contention Southern-Owners did not accept and pay the full demand. It is respectfully submitted that the foregoing demonstrates and confirms that Southern-Owners has handled and continues to handle this claim in good faith. As a final matter, it should be emphasized that the subject policy issued by Southern-Owners is governed by the policy’s terms, conditions, exclusions, and endorsements. This CRN response does not waive any such provisions of the policy.
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