Civil Remedy Notice of Insurer Violations
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Filing Number:     794431
Filing Accepted:  11/27/2024
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Complainant
Last/Business Name *  
LENNAR HOMES LLC   First Name  
Street Address * 5505 WATERFORD DISTRICT DRIVE
City, State Zip * MIAMI, FL 33126
Email Address * LKERR@COGBURNLEGAL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   SOUTHERN-OWNERS INSURANCE COMPANY   First Name  
Policy # * 20325476 Claim #* 300-0676121-2022
Attorney
Attorney is Applicable
Last Name* KERR First Name * LAUREN Initial D
Street Address* 777 S. HARBOUR ISLAND BLVD., SUITE 245
City, State Zip* TAMPA , FL 33602
Email Address * LKERR@COGBURNLEGAL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   SOUTHERN-OWNERS INSURANCE COMPANY
NAIC Company Code 10190
 
Name of individual responsible for violation (if any):* N/A
Type of Insurance * Commercial 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.
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)(d) Denying claims without conducting reasonable investigations based upon available information.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

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 under Fla. Stat.§624.155, or otherwise under Florida law.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

This shall serve as Southern-Owners Insurance Company’s (“Southern-Owners”) response to the Civil Remedy Notice of Insurer Violations, filed by or on behalf of Lennar Homes, LLC (hereinafter “Lennar”), with the Florida Department of Financial Services on November 12, 2024, Filing Number 791635 (the “CRN”). Southern-Owners categorically denies each and every allegation of Lennar within the CRN, including but not limited to the alleged violations of the cited provisions of Florida law. Southern-Owners further denies any and all stated or implied allegations, including but not limited to: • improper claim handling, • inadequate investigation, • improper delay or denial, • failing to adequately and promptly communicate, • failing to provide reasonable explanations, • general business practices, • unfair or deceptive trade practices, and/or • unsatisfactory settlement offers or practice, and the like. At no time has Southern-Owners violated any provision of Florida law in the handling of this claim. Southern-Owners objects to the CRN, and the CRN is defective, because it lacks sufficient specificity, as required by Fla. Stat. §624.155(3)(b). The CRN contains generic and vague allegations without sufficiently specific facts. Here, the CRN does not outline the causes of action alleged by Bridgehaven at Citrus Park Homeowners Association, Inc. against Lennar and/or C & C Window & Door Company, Inc. (“C&C”), the damages alleged against Lennar and/or C&C, etc. The CRN fails to adequately identify or explain how Southern-Owners violated the provisions of Florida law cited in the CRN, how the alleged violations relate to the facts of the specific claim, and/or what actions and amount(s) are being demanded to remedy the alleged violations. The lack of specificity in the allegations deprives Southern-Owners of any meaningful notice and ability to respond and renders the CRN invalid on its face. 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 under Fla. Stat.§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 states that it has not violated any applicable provision of Florida law in handling this claim. Southern-Owners has at all times acted in good faith, fairly, honestly and with reasonable diligence in its handling and investigation of the claim. 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.
Comments
User Id Date Added Comment
benton.steve@aoins.com 12-02-2024 Filing Number 794431 was inadvertently filed by Southern-Owners Insurance Company (“Southern-Owners”) in an attempt to respond to Filing Number 791635. Although Southern-Owners is not listed as the Complainant, this inadvertent filing was not filed by Lennar Homes, LLC as is evident throughout the filing in several sections of Filing Number 794431. Specifically, in the “Insured” section Southern-Owners is listed as the insured; in the “Specific policy language that is relevant to the violation” section, Southern-Owners responds that the CRN is invalid; and in the “Facts and circumstances giving rise to the violation” section, Southern-Owners provides its response to Filing Number 791634. Accordingly, Southern-Owners hereby withdraws Filing Number 794431 as null and void. However, should a response be required to Filing Number 794431, and without waiving the above withdrawal, Filing Number 794431 is deficient as a matter of law as it fails to comply with Fla. Stat. § 624.155 for failing to assert with specificity the facts and circumstances giving rise to the alleged violation. Further, Southern-Owners denies any and all claims and violations set forth in Filing Number 794431. Filing Number 794431 fails to appropriately set forth a reasonable statement as to alleged conduct constituting improper claims handling on the part of Southern-Owners. Southern-Owners specifically denies that it has violated any of the statutes set forth in Filing Number 794431 or that they are applicable under the current circumstances. Southern-Owners also denies any legal and factual assertions in Filing Number 794431.
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