Civil Remedy Notice of Insurer Violations
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Filing Number:     794716
Filing Accepted:  12/2/2024
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Complainant
Last/Business Name *  
MEAD   First Name   JILL
Street Address * 3059 HOLCOMB RD.
City, State Zip * PORT CHARLOTTE, FL 33981
Email Address * JILLMEAD3059@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   MEAD   First Name   JILL
Policy # * FFH3-000030543 Claim #* 01000082025
Attorney
Attorney is Applicable
Last Name* WEIDNER First Name * KEITH Initial W.
Street Address* 1700 W. MAIN ST., SUITE 100
City, State Zip* PENSACOLA , FL 32502
Email Address * KWEIDNER@TWWLAWFIRM.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   FIRST PROTECTIVE INSURANCE COMPANY
NAIC Company Code 10897
 
Name of individual responsible for violation (if any):* JENNIFER EVANS; CARL KRISTENSEN; IRENE STEWART; ERIN THIBODEAUX; ERICA GRADDY; JAMES PEARCE; TYLER ROCH; LARRY BREE MCCORKLE; THOMAS TEMPLETON; SHANANE WHYTE; SAMUEL ADUSEI; JORDAN HERL; JAROD STEVENS; MICHAEL POOL; MARGARET FEATHERMAN; RICHARD COLLI
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Delay
Unfair Trade Practice
Unsatisfactory Settlement Offer
* 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)(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)(h) Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
* Specific policy language that is relevant to the violation.
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COVERAGE A – Dwelling [SPECIAL PROVISIONS – FLORIDA] We cover: 1. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling Loss Settlement Covered property losses are settled as follows: a. Property of the following types: (1) Personal property; (2) Awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings; (3) Structures that are not buildings; … at actual cash value at the time of loss but not more than the amount required to repair or replace. 2. Buildings under Coverage A or B at replacement cost without deduction for depreciation, subject to the following: a. [SPECIAL PROVISIONS – FLORIDA] 2. Buildings under Coverage A or B at replacement cost without deduction for depreciation, subject to the following: a. If, at the time of loss, the amount of insurance in this policy on the damaged building is 80% or more of the full replacement cost of the building immediately before the loss, we will initially pay the actual cash value, less any applicable deductible. We will then pay any remaining amounts necessary to perform the actual repair or replacement as work is performed and expenses are incurred, but not more than the least of the following amounts: 1. The limit of liability under this policy that applies to the building; 2. The replacement cost of that part of the building damaged for like construction and use on the same premises; or 3. The necessary amount actually spent to repair or replace the damaged building. F. Mediation or Appraisal. [SPECIAL PROVISIONS – FLORIDA] If you and we fail to agree on a settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either party may: 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a) A request for appraisal must be in writing and be signed by all Named “Insureds” shown in the Declarations. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b) In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c) The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the “residence premises” is located. d) The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. 10. Loss Payment. [SPECIAL PROVISIONS – FLORIDA] We will adjust all losses with you. We will pay you unless some other person is named in the policy or is legally entitled to receive payment and we have not elected our option to repair. 1. Loss will be payable upon the earlier of the following: a. 20 days after we receive your proof of loss in compliance with SECTION I- CONDITIONS, C. Duties After Loss, paragraph 9, and reach written agreement with you; or b. 60 days after we receive your proof of loss in compliance with SECTION I- CONDITIONS, C. Duties After Loss, paragraph 9; and (1) There is an entry of a final judgment; or (2) There is a filing of an appraisal award or a mediation settlement with us. c. If payment is not denied, within 90 days after we receive notice of an initial, reopened or supplemental claim. This Civil Remedy Notice is also grounded in First Protective Insurance Company’s statutory duty to act in good faith and deal fairly with its insured when handling claims.
 
* Facts and circumstances giving rise to the violation.
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The policyholder, Jill Mead (“Mead”), sustained losses to her property located at 3059 Holcomb Rd., Port Charlotte, FL 33981 caused by and following Hurricane Ian as referenced in this Civil Remedy Notice. Mead timely notified First Protective Insurance Company d/b/a Frontline Insurance (“Frontline”) of the claim. From the outset of the claim, Frontline has disputed the scope and cost of repairs and resisted Mead’s requests and evidence showing the full scope of covered damage and the actual cost to repair. Frontline has repeatedly weaponized the policy provisions to harass and bully Mead with the goal of forcing her to accept less than the full amount she is owed under the policy. This conduct was wrongful, in bad faith, and has caused both unnecessary, unacceptable delay of payment in full on this claim as well as additional harms and losses to Mead over and above the amount owed under the policy of insurance. Frontline was provided full access to the property to inspect and identify all the covered damage after the storm. However, Frontline’s initial inspection was inadequate and did not result in an accurate estimate of the cost to repair. Frontline’s field adjuster was either not sufficiently experienced or trained to identify all damage caused by wind and properly estimate the full cost of repairs or the field adjuster’s estimate was wrongfully, subsequently adjusted by Frontline to result in an incomplete, inaccurate estimate of the damage. Specifically, Frontline’s initial determination that the entirety of the covered damage resulted in only $32,137.31 replacement cost value on the dwelling was inaccurate and constituted an active effort by Frontline to ignore covered damage and prepare an estimate that would not allow for the full scope of repairs so that Mead could restore her property to its pre-loss condition. Frontline’s initial lowball estimate was an attempt to avoid its obligation to pay this claim in full so Frontline could save money on the claim. This conduct was in bad faith and caused significant, unavoidable delay on this claim. Frontline chose to rely on its inaccurate, incomplete estimate in issuing an inadequate payment on the claim in the amount of $27,817.31. Frontline knew, or should have known, this minuscule payment would not allow Mead to fully restore her property to its pre-loss condition. This conduct put Mead at risk for further damage both to her home and potentially to her health because the funds Frontline issued were not adequate to fully repair the property. This conduct was in bad faith and showed an intent by Frontline not to adjust this claim in the best interest of Mead as it is required by the policy and applicable Florida law but, rather, to adjust the claim in its own best interest to save money. As a result of Frontline’s failure to accurately and timely adjust and pay this claim and its errors and incomplete estimate, Mead was forced to incur costs in hiring a reputable, skilled public adjuster to prepare an estimate of the cost to repair the covered damage. Mead’s public adjuster inspected the property and estimated the cost to repair the covered damage at $221,943.08, replacement cost value on the dwelling, which represents a far more accurate estimate of the cost to repair the entirety of the damage caused to Mead’s home by wind during the storm. Had Frontline adjusted the claim initially in good faith and in Mead’s best interest, Frontline’s initial inspection and estimate would have resulted in a fair amount of compensation that would not have forced Mead to have to hire a public adjuster to protect her interests and right to be paid in full on the claim. Comparing Frontline’s initial estimate of $32,137.31 to Mead’s public adjuster’s estimate of $221,943.08, Frontline’s estimate amounts to an unacceptable 14%—less than a quarter—of the actual claim value. An estimate this inexplicably low could only have been prepared in bad faith with the goal of undermining the claim value so Frontline could pay less on this claim. Frontline’s conduct in this regard—showing a lack of concern for its inadequate adjustment of this claim and its failure and/or refusal to pay Mead what it knows is the true amount required to repair the property—has been in bad faith. Mead also submitted sworn proof of loss to Frontline in January 2023 supported by her public adjuster’s itemized estimate and photo report. However, Frontline did not give this evidence meaningful consideration by immediately offering more money on the claim. Rather, Frontline’s response was to ask Mead to open her property a second time so that Frontline could be provided a second opportunity to inspect the property, identify all covered damage, and accurately estimate the cost to repair. Following the re-inspection, Frontline prepared a second estimate of the damages at $161,332.43 replacement cost value on the dwelling, which it subsequently increased to $164,939.85. Frontline did not offer any explanation as to why it had initially estimated the damages at only $32,137.31 and only increased its estimate by more than five times after Mead hired a public adjuster, provided a competing estimate and sworn proof of loss, and demanded Frontline pay the claim in full. The fact that Mead had to jump through such incredible hoops just to get Frontline to increase its estimate shows Frontline’s sole goal in adjusting this claim was to bully and harass Mead into eventually giving up on her rights and accepting less than the full amount to which she is entitled on this claim. Had Frontline adjusted the claim in Mead’s best interest from the outset, there would not have been such substantial delay of payment and additional strain and hardship placed on Mead as a result of Frontline’s wrongful conduct. Frontline’s stairstep increases in its estimates and delay on the claim also shows Frontline chose to ignore credible evidence from its insured and rely solely on persons it retained whom it knew would assist Frontline in undervaluing the claim and paying less than the full and fair value of the claim. In addition, Frontline’s decision to offer another inadequate payment of only $114,054.79 following the re-inspection and Mead’s submission of substantial evidence showing the damages were much greater than Frontline initially represented to Mead was in bad faith and was an attempt by Frontline to offer Mead some payment in hopes she would accept a smaller amount and discontinue her fight for payment in full. Mead will not. Although Frontline issued an additional payment of $39,115.97, the bulk of this payment was attributed to loss of use and personal property, not the dwelling. Also, these payments were not made until almost six months after the loss although Frontline had complete access to the property immediately after the loss and adequate information to have issued such payments mere weeks or a month after the storm. Frontline has not offered any credible reason for its delay in this regard in violation of its contractual and statutory obligations to Mead to efficiently and accurately adjust this claim in Mead’s best interest. Frustrated with Frontline’s dilatory and wrongful handling of this claim, Mead retained a contractor to perform the necessary roof replacement and other repairs in January, 2024. Mead paid her contractor $85,759.79 to perform these necessary repairs. She submitted proof of her payment to Frontline immediately to recover this amount as a necessary expense incurred. Rather than immediately issue payment to Mead for the amount she paid to her contractor, Frontline chose to continue its pattern of stall and delay. Eighteen months after the loss the parties remained in dispute over the scope and cost of repairs, and on April 17, 2024, Frontline demanded an appraisal in this matter and appointed its appraiser, Bree McCorkle. Mead promptly appointed James Headrick as her appraiser. The appraisal inspection took place on May 29, 2024. This was Frontline’s third inspection of the property. The appraisers appointed Richard Collins as their umpire. Following the appraisal inspection, Frontline began issuing repetitive, comprehensive requests for information from Mead with the goal of intimidating and harassing her. Specifically, Frontline demanded Mead produce all invoices and receipts for work completed on the property since date of loss, all expert reports, repair estimates, receipts, invoices, bid, photos, videos secured or provided in relation to the claimed damages, copies of any correspondence relating to the loss such as contracts, work authorizations, and assignment of benefits, executed authorization forms for any records Frontline deems necessary to its investigation. This included, but was not limited to, executed authorization forms to submit to Federal Emergency Management Agency (FEMA), all settlement documents from damages occurring due to flood from either FEMA or Mead’s flood carrier, an acknowledgment that a flood claim was or was not filed, a copy of Mead’s Flood Sworn Proof of Loss, a copy of Mead’s flood claim estimate and coverage determination letter provided by Mead’s flood insurance carrier and/or FEMA, a copy of any field and/expert reports and photos obtained for this claim, a list of the cited content items claimed and given by Mead to her flood insurance carrier and/or FEMA, and copies of all payments received from Mead’s flood carrier and/or FEMA. Frontline has also issued additional requests for a sworn proof of loss when one was already provided in January 2023, fully supported by Mead’s public adjuster’s itemized estimate and photo report. Frontline additionally disputed Mead’s payment of $85,759.79 to her contractor based on a roofing permit it pulled from public records. Without proper foundation or evidence, Frontline disputed the validity of Mead’s payment to her contractor and refused to pay this cost as a legitimate expense incurred pursuant to the terms of the policy. Overall, Frontline’s dilatory and unacceptable adjustment of the claim in this manner shows Frontline has failed to implement and follow adequate guidelines for the proper investigation to evaluate claims and the appropriate training and supervision of its employees and adjusters resulting in the statutory violations identified in this Civil Remedy Notice above. These repeated demands for information post-appraisal by Frontline, which arrived approximately every thirty (30) days after the appraisal inspection was conducted, were issued with the goal of harassing Mead, burying her in exhaustive, burdensome requests for information that Frontline does not need to assess the covered damage in this matter and pay Mead the fair amount she is owed. Frontline has inspected the property on three occasions and has had ample access and time to identify the covered damage and determine the cost to repair. Frontline’s only goal in requesting voluminous documents relating to flood damage and other repairs is to provide Frontline with grounds to further limit, exclude, or deny portions of Mead’s claim. Frontline’s delay and stall tactics in this regard were wrongful and designed to tire and exhaust Mead into accepting less than the full amount she is owed on this claim. Rather than work to issue an Appraisal Award and expeditiously resolve this claim, Frontline has chosen to delay this claim by burdening Mead with requests for unnecessary documents and information and wrongfully disputed her incurred expenses. The voluminous documents Frontline has repeatedly requested, many of which Mead does not have, have no bearing on Frontline’s ability to assess the damage and prepare an accurate estimate of the cost to repair. Rather, Frontline has wrongfully used these irrelevant document requests as a burden to resolution of this claim. This conduct has been in bad faith and has violated Frontline’s statutory and contractual obligations to Mead to adjust this claim efficiently, accurately, and in Mead’s best interest. As a result of Frontline’s wrongful conduct, the matter now sits at a standstill seven months after Frontline initiated appraisal in this matter, and now more than two years after the loss, with no reasonable explanation or grounds for this kind of unacceptable delay. Frontline’s failure and/or refusal to settle the insurance claim when under all circumstances it could have and should have done so had it acted fairly and honestly towards Mead is wrongful conduct. As a result of Frontline’s wrongful conduct, Mead was and still is forced to expend out of pocket monies to submit her insurance claim, e.g., retaining a public adjuster and appraiser to assist in identifying the covered damage and estimating the cost to repair and legal counsel to file this Civil Remedy Notice in hopes of finally forcing Frontline to honor its obligations under the insurance policy to pay the entirety of the insurance proceeds due and owing to Mead. Frontline is obligated to Mead to tender all insurance proceeds owing and due so that the necessary repairs can commence. Frontline’s refusal to tender the appropriate amount due has been in bad faith and is a breach of the insurance agreement which requires Frontline to pay timely and promptly so that Mead can mitigate her damages and be put back into the position she was in prior to the loss as quickly as possible. To date, Frontline has failed to timely pay or deny the claim in full in direct violation of Fla. Stat. § 627.70131. Frontline’s actions, in this regard, have been in bad faith. It is clear from Frontline’s failure to issue the benefits owed and its intentional attempt to avoid its full obligations to Mead, that Frontline has engaged in a pattern of fraudulent and dilatory tactics to the prejudice and harm of Mead. To cure the defects outlined in this Civil Remedy Notice, Frontline must: (1) Act fairly and honestly towards Mead and with due regard for her interest in attempting to settle this claim; (2) Cease any further delay in the issuance of the Appraisal Award and, once issued, expeditiously pay the Appraisal Award in good faith; (3) Immediately tender all insurance monies due and owing to Mead with statutory interest; and (4) Pay Mead the fair value of her insurance claim. First Protective Insurance Company’s address is 500 International Parkway, Lake Mary, FL 32746.
Comments
User Id Date Added Comment
bkelley@wallenkelley.com 01-31-2025 January 31, 2025 Florida Department of Financial Services Consumer Assistance/Civil Remedy Section Larson Bldg., 200 E. Gaines Street Tallahassee, Florida 32399-0322 Re: Complainant: Jill Mead Address: 3059 Holcomb Rd., Port Charlotte, FL 33981 Email: JillMead3059@gmail.com Insured: Jill and Steven Mead Policy #: FFH3-000030543 Claim: 01000082025 Attorney: Keith Weidner Address: 1700 W. Main St., Ste. 100, Pensacola, FL 32502 DOI File #: 794716 Date of Acceptance: December 2, 2024 To Whom It May Concern: Please accept this as the response of First Protective Insurance Company ("Frontline") to the Civil Remedy Notice filed by the Complainant, Jill Mead. Frontline’s response is specifically in regard to Claim 01000082025, which is related to a claim for Insured’s property located at 3059 Holcomb Rd., Port Charlotte, FL 33981, which was insured by Frontline under Policy # FFH3-000030543 with effective dates of that Policy being January 10, 2022 through January 10, 2023 and was in effect on the alleged date of loss, September 28, 2022. Statement of Facts This matter arises from a Hurricane Ian claim at the Insured’s Pensacola, Florida residence. For the convenience of the reader, I have broken down the Statement of Facts that will detail Frontline’s handling of the file. Of important note, and as explained below, the parties went to appraisal, selected an umpire, concluded said appraisal, and Frontline has paid its required amount pursuant to the appraisal award on January 28, 2024. 1. Claim: 01000082025 The instant claim was reported to Frontline on October 8, 2022, with a date of loss of September 28, 2022. After receipt of the claim, Frontline assigned a claim number, 01000082025, and, on October 8, 2022, sent an acknowledgment letter to the Insured. In addition, Frontline provided a Homeowners’ Bill of Rights to inform her of her rights under the Policy. Frontline also sent correspondence requesting an executed sworn proof of loss in an effort to ascertain the amount of damages being claimed and a third letter informing the Insured of her right to mediate the claim. Specifically, the claim notification letter stated: “This communication is intended to confirm receipt of the above-captioned claim, filed under your Frontline insurance policy. Your claim will be handled by Frontline’s claim team, who will contact you to discuss the claims process, initiate an investigation and arrange for an inspection of the loss, as needed. As required by your policy conditions, please take the necessary steps to protect covered property from further damage. Additionally, please photograph, document, and save all receipts for any emergency or temporary repairs. Please also retain for our inspection all damaged property. Please be advised that in order to adequately investigate your claim, Frontline is requesting you complete, sign, date, notarize and return to Frontline the enclosed Proof of Loss and Claim for Damaged Property forms within sixty (60) days from the date of this letter. Frontline may also require you and/or any others to submit to an Examination Under Oath to discuss the circumstances of the claim(s). These requests are made pursuant to the policy conditions outlined in Section I – Conditions … Your Duties After Loss, which we encourage you to carefully review in your Frontline policy of insurance. Thank you for insuring with Frontline. We appreciate your business and look forward to working together to solve this matter.” On October 12, 2022, Frontline’s Field Adjuster contacted the Insured to schedule a time for a Frontline Field Adjuster to inspect the property. The inspection was scheduled for October 20, 2022. Thus, Frontline retained the services of a licensed Field Adjuster, Tyler Roch, to inspect the property and assess the damages being claimed. Frontline’s Field Adjuster inspected the property on the scheduled date, October 20, 2022. During that inspection, the Field Adjuster observed the entire house, specifically the roof. He took photographs of the property, noted the alleged damages, and spoke to the Insured about their claim. The Field Adjuster then prepared a report that contained his photographs and findings and provided same to Frontline. Specifically, he advised Frontline there were no flood or roof damages recorded at the home. He also prepared an estimate for the repair of damages associated with the claim. Following the Field Adjuster’s inspection and the receipt of his materials, Frontline sent a letter to the Insured on November 28, 2022, noting that coverage was being afforded for the claim and that a check would be sent in the amount of $27,817.31, the estimated cost of covered repairs. The letter stated: “Based upon Frontline Insurance’s current and ongoing investigation, as well as the information you have provided to us to date, an estimated payment for damages from your hurricane wind claim has been issued. A check(s) in the amount of $27,817.31 is included along with a copy of the written estimate upon which the payment is based. The amount of the estimated payment is computed based upon the information currently available to us as follows: Dwelling / Structure $ 32,137.31 “Other” Structure(s) $ 0.00 Personal Effects (Contents) $ 0.00 Additional Living Expense (ALE) $ 0.00 Screen Enclosure $ 0.00 Gross Loss $ 32,137.31 Less Recoverable Depreciation $ 0.00 Less Non-Recoverable Depreciation $ 0.00 Actual Cash Value $ 0.00 Less Deductible $ 4,320.00 Less Excess $ 0.00 Less Previous Payments $ 0.00 NET AMOUNT PAID $ 27,817.31 Our records also indicate you currently have a mortgage on the home insured through our company. Your insurance policy contains contractual language to ensure your mortgagee’s financial interests are protected when payment is issued for damages from a covered peril to your home or other structures. We include the name of your mortgage company and/or companies when the amount exceeds $5,000.00. If necessary, please contact your mortgage company to inquire on how to proceed to have them endorse the check. In addition, please do not hesitate to contact me or our office should you have questions about the estimated amount of the payment made to date. We also want to bring to your attention that this is an estimated, actual cash value payment for your insured loss, the amount of which does not necessarily constitute a full and final settlement of your claim, which remains open. Our goal is to indemnify you for your covered loss. In addition to our independent investigation into your loss, we must necessarily rely upon you and your representatives to provide us with any and all information necessary to reach the goal of indemnity. Without your participation or cooperation, the adjustment process breaks down. To that end, we must work together to reach an agreement on the value of your covered loss, and your participation in and cooperation with the claim process is essential. Accordingly, if you disagree with the amount of the estimated actual cash value payment, please notify us of your specific disagreement and the reasons for the disagreement. You may also contact us to present any additional loss or damage that you discover or was not otherwise accounted for as you continue the recovery process. We are available at all times to discuss these matters with you, and we will work with you to reach an agreement on the value of the covered loss. In addition, to assist us in coming to a final adjustment of your covered claim for damages, please provide us with the following: 1. An accurate record of any and all repair expenses incurred to date; 2. Any and all actual cash value estimates of damages prepared by you or on your behalf; 3. Any signed or unsigned contracts, bids, proposals, and estimates for the repairs necessitated by the covered loss; 4. All paid and unpaid invoices and receipts for any work performed to date; 5. An inventory of any damaged personal property; 6. An accurate record of the necessary amount actually spent to repair or replace the damaged building; 7. Any and all available documentation and photographs depicting or evincing the worth or fair market value of the damaged property immediately before the covered loss; 8. Any and all available documentation and photographs depicting or evincing the condition of the damaged property immediately before the covered loss; 9. Any and all documentation and photographs pertaining to any prior property damage, property losses, and insurance claims; 10. Any and all documentation and photographs pertaining to any prior repairs to your covered property; and 11. An updated and current signed, sworn proof of loss. Finally, please indicate whether you intend to make the repairs necessitated by the insured loss or whether you are electing not to repair or rebuild the damage. Collectively, this information will assist us in reaching an agreement as to the full and complete value of your covered loss in accordance with the terms and provisions of your policy. We appreciate the trust you placed in Frontline Insurance and thank you for allowing us to serve you in your time of need. If you should have any questions, feel free to contact me at (251) 634- 3656.” Frontline’s Desk Adjuster subsequently spoke to the Insured over the phone to explain the coverage decision and payment. On December 21, 2022, Frontline received a letter of representation from Builder’s Perspective Public Adjusting stating that it was representing the Insured. The letter further requested a proof of loss form, a certified copy of the policy, all estimates, and a detail of any payments made b Frontline. Frontline responded with an acknowledgement letter on December 27, 2022. On February 24, 2023, Frontline called the Insured and left a voice message when there was no response. The Insured called Frontline back later that day. During the call, Frontline encouraged the Insured to hire a contractor to get a quote for repairs to the property. Frontline also altered the Insured to the high possibility that she would need a camper during the repair due to the “un-livability” of homes during these types of repairs. On March 18, 2023, the Insured’s sworn proof of loss was submitted along with a Public Adjuster estimate and photo report. Frontline then sent the Insured a letter acknowledging the Insured’s sworn proof of loss, however, the letter also noted that Frontline could neither accept nor reject the sworn proof of loss given its investigation was still in process. It specifically stated: “This letter serves to acknowledge receipt of your Sworn Proof of Loss (SPOL) that was submitted to Frontline on January 10, 2023. We can neither accept nor reject the SPOL at this time as our investigation is still in progress. By investigating your claim and sending this letter, Frontline Insurance has neither waved nor intends to waive any legal or policy terms, conditions, rights, provisions, or requirements. Likewise, your receipt of this letter and your cooperation with our investigation does not waive any of your rights or obligations under the policy. Should you have any questions or concerns or have any additional information you would like to be considered, please feel free to contact me at 251-665-8612. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” On March 19, 2023, Frontline sent an email requesting a reinspection with the Public Adjuster present. The inspection was planned for March 23, 2023. The inspection occurred as scheduled. Following the March 23, 2023 re-inspection by Field Adjuster Andy Waltripand and receipt of his materials, on April 10, 2024, due to ongoing investigation, Frontline sent the Insured a letter updating its coverage position and issuing a check for $114,054.79, on top of what Frontline has already paid to that date. The letter explained: “Based upon Frontline Insurance’s current and ongoing investigation, as well as the information you have provided to us to date, an estimated payment for damages from your wind damage claim has been issued. A Dwelling Coverage check in the amount of $27,817.31 has been previously issued. A Dwelling Coverage check in the amount of $114,054.79 is included along with a copy of the written estimate upon which the payment is based. The amount of the estimated payment is computed based upon the information currently available to us as follows: Dwelling / Structure (Includes Paid When Incurred) $ 164,939.85 “Other” Structure(s) $ 0.00 Personal Effects (Contents) $ 0.00 Additional Living Expense (ALE) $ 0.00 Other (Pool Enclosure) $ 0.00 Gross Loss $ 164,939.85 Less Recoverable Depreciation $ 15,140.33 Less Non-Recoverable Depreciation $ 0.00 Actual Cash Value $ 146,192.10 Less Deductible $ 4,320.00 Less Paid When Incurred $ 3,607.42 Less Previous Payments $ 27,817.31 NET AMOUNT PAID $ 114,054.79 Our records also indicate you currently have a mortgage on the home insured through our company. Your insurance policy contains contractual language to ensure your mortgagee’s financial interests are protected when payment is issued for damages from a covered peril to your home or other structures. We include the name of your mortgage company and/or companies when the amount exceeds $5,000.00. If necessary, please contact your mortgage company to inquire on how to proceed to have them endorse the check. In addition, please do not hesitate to contact me or our office should you have questions about the estimated amount of the payment made to date. We also want to bring to your attention that this is an estimated, actual cash value payment for your insured loss, the amount of which does not necessarily constitute a full and final settlement of your claim, which remains open. Our goal is to indemnify you for your covered loss. In addition to our independent investigation into your loss, we must necessarily rely upon you and your representatives to provide us with any and all information necessary to reach the goal of indemnity. Without your participation or cooperation, the adjustment process breaks down. To that end, we must work together to reach an agreement on the value of your covered loss, and your participation in and cooperation with the claim process is essential. Accordingly, if you disagree with the amount of the estimated actual cash value payment, please notify us of your specific disagreement and the reasons for the disagreement. You may also contact us to present any additional loss or damage that you discover or was not otherwise accounted for as you continue the recovery process. We are available at all times to discuss these matters with you, and we will work with you to reach an agreement on the value of the covered loss. In addition, to assist us in coming to a final adjustment of your covered claim for damages, please provide us with the following: 1. An accurate record of any and all repair expenses incurred to date; 2. Any and all actual cash value estimates of damages prepared by you or on your behalf; 3. Any signed or unsigned contracts, bids, proposals, and estimates for the repairs necessitated by the covered loss; 4. All paid and unpaid invoices and receipts for any work performed to date; 5. An inventory of any damaged personal property; 6. An accurate record of the necessary amount actually spent to repair or replace the damaged building; 7. Any and all available documentation and photographs depicting or evincing the worth or fair market value of the damaged property immediately before the covered loss; 8. Any and all available documentation and photographs depicting or evincing the condition of the damaged property immediately before the covered loss; 9. Any and all documentation and photographs pertaining to any prior property damage, property losses, and insurance claims; 10. Any and all documentation and photographs pertaining to any prior repairs to your covered property; and 11. An updated and current signed, sworn proof of loss. Finally, please indicate whether you intend to make the repairs necessitated by the insured loss or whether you are electing not to repair or rebuild the damage. Collectively, this information will assist us in reaching an agreement as to the full and complete value of your covered loss in accordance with the terms and provisions of your policy. WE ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US. We appreciate the trust you placed in Frontline Insurance and thank you for allowing us to serve you in your time of need. If you should have any questions, feel free to contact me at (251) 634- 3656.” The letter, similar to the previous payment letter, provided an estimate with all the applicable line-item costs. On June 6, 2023, after receiving materials related to the Insured’s trailer and its contents, Frontline sent the Insured another, similar, letter again increasing coverage for the claim and issuing further payments. In that letter, Frontline once again advised that: Based upon Frontline Insurance’s current and ongoing investigation, as well as the information you have provided to us to date, an estimated payment for damages from your wind damage claim has been issued. A Dwelling Coverage check in the amount of $27,817.31 and a Dwelling Coverage check in the amount of $114,054.79, totaling $141,872.10 has been previously issued. A Dwelling Coverage check in the amount of $18,747.75, a Personal Property Coverage check in the amount of $3,248.22, and a Loss of Use Coverage check in the amount of $17,120.00, totaling $39,115.97 is included along with a copy of the written estimate upon which the payment is based. The amount of the estimated payment is computed based upon the information currently available to us as follows: Dwelling / Structure $ 164,939.85 “Other” Structure(s) $ 0.00 Personal Effects (Contents) $ 3,248.22 Loss of Use $ 17,120.00 Other (Pool Enclosure) $ 0.00 Gross Loss $ 185,308.07 Less Recoverable Depreciation $ 0.00 Less Non-Recoverable Depreciation $ 0.00 Actual Cash Value $ 0.00 Less Deductible $ 4,320.00 Less Paid When Incurred $ 0.00 Less Previous Payments $ 141,872.10 NET AMOUNT PAID $ 39,115.97 Our records also indicate you currently have a mortgage on the home insured through our company. Your insurance policy contains contractual language to ensure your mortgagee’s financial interests are protected when payment is issued for damages from a covered peril to your home or other structures. We include the name of your mortgage company and/or companies when the amount exceeds $5,000.00. If necessary, please contact your mortgage company to inquire on how to proceed to have them endorse the check. In addition, please do not hesitate to contact me or our office should you have questions about the estimated amount of the payment made to date. We also want to bring to your attention that this is an estimated, actual cash value payment for your insured loss, the amount of which does not necessarily constitute a full and final settlement of your claim, which remains open. Our goal is to indemnify you for your covered loss. In addition to our independent investigation into your loss, we must necessarily rely upon you and your representatives to provide us with any and all information necessary to reach the goal of indemnity. Without your participation or cooperation, the adjustment process breaks down. To that end, we must work together to reach an agreement on the value of your covered loss, and your participation in and cooperation with the claim process is essential. Accordingly, if you disagree with the amount of the estimated actual cash value payment, please notify us of your specific disagreement and the reasons for the disagreement. You may also contact us to present any additional loss or damage that you discover or was not otherwise accounted for as you continue the recovery process. We are available at all times to discuss these matters with you, and we will work with you to reach an agreement on the value of the covered loss. In addition, to assist us in coming to a final adjustment of your covered claim for damages, please provide us with the following: 1. An accurate record of any and all repair expenses incurred to date; 2. Any and all actual cash value estimates of damages prepared by you or on your behalf; 3. Any signed or unsigned contracts, bids, proposals, and estimates for the repairs necessitated by the covered loss; 4. All paid and unpaid invoices and receipts for any work performed to date; 5. An inventory of any damaged personal property; 6. An accurate record of the necessary amount actually spent to repair or replace the damaged building; 7. Any and all available documentation and photographs depicting or evincing the worth or fair market value of the damaged property immediately before the covered loss; 8. Any and all available documentation and photographs depicting or evincing the condition of the damaged property immediately before the covered loss; 9. Any and all documentation and photographs pertaining to any prior property damage, property losses, and insurance claims; 10. Any and all documentation and photographs pertaining to any prior repairs to your covered property; and 11. An updated and current signed, sworn proof of loss. Finally, please indicate whether you intend to make the repairs necessitated by the insured loss or whether you are electing not to repair or rebuild the damage. Collectively, this information will assist us in reaching an agreement as to the full and complete value of your covered loss in accordance with the terms and provisions of your policy. WE ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US. We appreciate the trust you placed in Frontline Insurance and thank you for allowing us to serve you in your time of need. If you should have any questions, feel free to contact me at (251) 634- 3656.” Thereafter, the Insured’s Public Adjuster and Frontline’s Desk Adjuster discussed coverage. During that call, Frontline explained its findings and the offered settlement/coverage. Following that call, on August 18, 2023, Frontline sent the Insured an update containing the following message: “Frontline is sending this letter to provide you with a timely update about the status of your claim and our continued investigation. Currently, a Global Release Offer has been presented to you and Builders Perspective Public Adjusting, LLC. We are now awaiting you and your public adjuster’s response regarding the offer presented. If you have any additional material that will support your claim, please submit the material you have through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). Please be advised by investigating your claim and sending this letter, Frontline has neither waived nor intends to waive any legal or policy terms, conditions, rights, provisions or requirements. Likewise, your receipt of this letter and your cooperation with our investigation does not waive any of your rights or obligations under the policy. WE ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US. Should you have any questions or concerns please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. EST. I can be reached at (251) 634-3656.” On August 24, 2023, the Insured’s Public Adjuster told Frontline that he hired a general contractor was hired to complete the repairs. On September 9, 2023, Frontline reached out to the Insured’s Public Adjuster to request the General Contractor estimate. Following no response, Frontline again requested the estimate on October 11, 2023. Another status update letter was sent to the Insured on October 21, 2023, this time stating: “Frontline is sending this letter to provide you with a timely update about the status of your claim and our continued investigation. A Global Release Offer was presented to you and Builders Perspective Public Adjusting, LLC on July 8, 2023. It has been 105 days since that offer was presented. On July 26th,2023 it was communicated that you are awaiting your General Contractors Estimate to ensure the offer is proper for resolution. It has been 87 days since that communication. Please provide your general contractors itemized estimate and/or any additional supplement estimates, invoices, or receipts that have been incurred for supplement review. It is Frontlines intent to assist you in bringing your claim to proper resolution. We await you or Building Perspective Public Adjusting’s response regarding the current claim status so proper direction may be established. If you have any additional material that will support your claim, please submit the material you have through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). Please be advised by investigating your claim and sending this letter, Frontline has neither waived nor intends to waive any legal or policy terms, conditions, rights, provisions or requirements. Likewise, your receipt of this letter and your cooperation with our investigation does not waive any of your rights or obligations under the policy. WE ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US. Should you have any questions or concerns please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. EST. I can be reached at (251) 634-3656.” Frontline again attempted to contact the Public Adjuster regarding the outstanding information on October 20, 2023 and November 6, 2023. On November 16, 2023, Frontline sent the Insured a Reservation of Rights letter requesting additional information and documents as well as a recorded statement due to Frontline being kept in the dark about the General Contractor’s estimate. The letter stated as follows: “You initially informed us on October 8, 2022, of a loss resulting from Hurricane Ian that reportedly occurred on September 28, 2022 to your dwelling at 3059 Holcomb Rd, Port Charlotte, FL 33981. We inspected the reported loss on November 07, 2022 and March 18,2023. We noted damages that were addressed under separate correspondence. Frontline will investigate every claim that is reported to us and make payment for those losses that are covered under your policy; however, we must inform you that based on our preliminary investigation we have identified issues that may restrict, limit, or exclude coverage, and will be continuing our investigation under a Reservation of Rights. Your Public Adjuster uploaded documents on March 16, 2023, for the initial amount of $221,943.08 It was communicated by your Public Adjuster on August 24,2023 that you have a General Contractor that was due to complete a repair estimate for your claim damages. We have requested the General Contractor Estimate on September 9, 2023, October 11,2023, October 30,2023, November 6, 2023, and November 16,2023. With possibility of expansion to the scope of our findings, and we must inform you we have identified issues that may restrict, limit or exclude coverage, and we are continuing our investigation under a full Reservation of Rights. Please be reminded your policy assigns you specific duties following a loss. These include promptly notifying us of the loss, protecting the property from further damage, cooperating with us in the investigation, showing us the damaged property and providing us with documents when requested, and submit to a recorded statement and or an examination under oath (EUO) when requested. Your failure to cooperate with the investigation and participate may prejudice our investigation and may affect your rights under the policy. We direct you to your policy form. These requests are clearly identified in your homeowner’s policy as amended by the HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS. Please refer to SECTION 1 CONDITIONS for more details, but note the following language that may apply: SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. Duties After Loss. An "assignment agreement" does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. "Your" Duties After Loss a. Give immediate notice to us or our agent. Except for Reasonable Emergency Measures taken under Additional Coverage 2., there is no coverage for repairs that begin before the earlier of: (1) 72 hours after we are notified of the loss: (2) The time of loss inspection by us; or (3) The time of other approval by us. If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures 2. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence e. Protect the property from further damage. The following must be performed: (1) Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverage 2. A reasonable emergency measure under 5.a. above may include a permanent repair when necessary to protect the covered property from further damage or to prevent unwanted entry to the property. To the degree reasonably possible, the damaged property must be retained for us to inspect. (2) Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. f. Cooperate with us in the investigation of a claim. This includes speaking to and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any "insured" seeking coverage, or a representative of either of these: (1) Must cooperate with our investigation; (2) Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and (3) May not act in any manner to obstruct our investigation. g. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts, and related documents that justify the figures in the inventory. h. As often as we reasonably require: (1) Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; (2) Provide us with records and documents we request and permit us to make copies; (3) You, and any and all "insureds;" and Any member, officer, director, partner, or similar representative of the association, corporation, or other entity, if you are the association, corporation, or other entity, who is an "insured;"-must: (a) Submit to examination under oath and recorded statements at the location insured or other reasonable location designated by us, while not in the presence of each other or any other "'insured;" (b) Provide government issued photo identification. If you do not possess government issued photo identification, a signed sworn statement identifying who you are may be provided; and (c) Sign any transcript of the examinations under oath and recorded statements; At our request, the examinations will be conducted separately and not in the presence of any other persons except legal representation: Such examinations and recorded statements must either be in person or utilize video and audio technology, or both, as determined by us: (4) Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and (5) Any and all "insureds- must execute all authorizations for the release of information when requested by us, which we deem relevant to the investigation of your loss. (6) Allow us or any person authorized on our behalf: (a) Access to the "residence premises;" (b) To inspect the "residence premises· and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises; and (c) To require an "insured" or their representative, or both if reasonably possible, to be present at our inspection and to assist in identifying the damaged property during the inspection; (7) At our request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; (8) For losses covered under Coverage A and B, allow us to reinspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by any "assignees(s)" or third parties were completed, or following a supplemental or re-opened claim. i. Submit to us, within 60 days after the loss, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: (1) The description of the loss, including the date and time of the loss, the cause of loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss: (2) The names of all persons who resided at the insured location at the time of the loss: (3) The interest of all "insureds," "assignees· if any, and all others in the property involved and all liens on the property; (4) Other insurance which may cover the loss: (5) Changes in title or occupancy of the property during the term of the policy; (6) Specifications of damage to the dwelling and other structures, including; (a) Detailed descriptions of the damage to the property; (b) Repair estimates which show the extent of damage to each item or property; (c) Estimated amount(s) to repair or replace each item of property; and (d) Amount(s) of payment made for any temporary or permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; (7) The inventory of damaged personal property described in C.7. above; (8) Receipts for additional living expenses incurred and records that support the fair rental value; and (9) Evidence or affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. j. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: (1) As this information becomes available, and if additional loss or damage is discovered or incurred; and (2) If you are provided with new estimates or invoices regarding the losses submitted or not submitted in the proof of loss. The duties above apply regardless of whether you, an "insured" seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice or expert claim advice, regarding an insurance claim under this Policy. Currently, we formally are requesting a recorded statement from the insured regarding the claim. We also request that you provide the following documents: • A copy of all invoices for work completed. • A copy of all checks/payments sent to any service contractors regarding the loss occurrence. • Photos of the current repair status. • A revised Sworn Proof of Loss (attached). For the reasons set forth herein, and for any other good and valid reasons that may become known during our investigation of this claim, you are hereby notified that any action taken by Frontline or its authorized representatives to investigate the cause of loss, determine the amount of loss or damage, or attempt to adjust any claim arising out of the alleged loss shall not waive any of the terms or conditions of the policy of insurance described above. Frontline does not intend, by this letter, to waive any policy defense in addition to those stated above, but specifically reserves its right to assert such additional policy defenses at any time. If you have any additional information or other items to provide to us, please submit these through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim). In the interim should you have any questions, please feel free to contact me at (251)634-3656.” Following this letter, no documentation was submitted to Frontline. On December 9, 2023, Frontline again called the Insured to no response. Thus, Frontline sent another Reservation of Rights letter to the Insured that day, similar to the previous letter, this time adding: “You initially informed us on October 8, 2022, of a loss resulting from Hurricane Ian that reportedly occurred on September 28, 2022, to your dwelling at 3059 Holcomb Rd, Port Charlotte, FL 33981. We inspected the reported loss on November 07, 2022, and March 18,2023. We noted damages that were addressed under separate correspondence. Frontline will investigate every claim that is reported to us and make payment for those losses that are covered under your policy; however, we must inform you that based on our preliminary investigation we have identified issues that may restrict, limit, or exclude coverage, and will be continuing our investigation under a Reservation of Rights. Your Public Adjuster uploaded documents on March 16, 2023, for the initial amount of $221,943.08 It was communicated by your Public Adjuster on August 24,2023 that you have a General Contractor that was due to complete a repair estimate for your claim damages. We have requested the General Contractor Estimate on September 9, 2023, October 11,2023, October 30,2023, November 6, 2023, and November 16, 2023.Recently, on November 26,2023 your Public Adjuster communicated that your drywall repairs are in process of completion, your roof replacement will be completed the second week in December 2023, and your General Contractors final estimate/invoice will be finalized January 2024. On November 16, 2023, a Reservation of Rights letter was issued to you in request of a recorded statement, a copy of all invoices for work completed, a copy of all checks/payments sent to any service contractors regarding the loss occurrence, photos of the current repair status, and a revised Sworn Proof of Loss. It has been 23 days since that request. I attempted to reach you on November 16,2023 and December 8th, 2023, to discuss the referenced details. Please contact me at your earliest convenience as it is imperative to your claim resolution. With possibility of expansion to the scope of our findings, we must inform you we have identified issues that may restrict, limit or exclude coverage, and we are continuing our investigation under a full Reservation of Rights. Please be reminded your policy assigns you specific duties following a loss. These include promptly notifying us of the loss, protecting the property from further damage, cooperating with us in the investigation, showing us the damaged property and providing us with documents when requested, and submit to a recorded statement and or an examination under oath (EUO) when requested. Your failure to cooperate with the investigation and participate may prejudice our investigation and may affect your rights under the policy. We direct you to your policy form. These requests are clearly identified in your homeowner’s policy as amended by the HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS. Please refer to SECTION 1 CONDITIONS for more details, but note the following language that may apply: SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. Duties After Loss. An "assignment agreement" does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. "Your" Duties After Loss a. Give immediate notice to us or our agent. Except for Reasonable Emergency Measures taken under Additional Coverage 2., there is no coverage for repairs that begin before the earlier of: (1) 72 hours after we are notified of the loss: (2) The time of loss inspection by us; or (3) The time of other approval by us. If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures 2. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence e. Protect the property from further damage. The following must be performed: (1) Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverage 2. A reasonable emergency measure under 5.a. above may include a permanent repair when necessary to protect the covered property from further damage or to prevent unwanted entry to the property. To the degree reasonably possible, the damaged property must be retained for us to inspect. (2) Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. f. Cooperate with us in the investigation of a claim. This includes speaking to and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any "insured" seeking coverage, or a representative of either of these: (1) Must cooperate with our investigation; (2) Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and (3) May not act in any manner to obstruct our investigation. g. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts, and related documents that justify the figures in the inventory. h. As often as we reasonably require: (1) Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; (2) Provide us with records and documents we request and permit us to make copies; (3) You, and any and all "insureds;" and Any member, officer, director, partner, or similar representative of the association, corporation, or other entity, if you are the association, corporation, or other entity, who is an "insured;"-must: (a) Submit to examination under oath and recorded statements at the location insured or other reasonable location designated by us, while not in the presence of each other or any other "'insured;" (b) Provide government issued photo identification. If you do not possess government issued photo identification, a signed sworn statement identifying who you are may be provided; and (c) Sign any transcript of the examinations under oath and recorded statements; At our request, the examinations will be conducted separately and not in the presence of any other persons except legal representation: Such examinations and recorded statements must either be in person or utilize video and audio technology, or both, as determined by us: (4) Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and (5) Any and all "insureds- must execute all authorizations for the release of information when requested by us, which we deem relevant to the investigation of your loss. (6) Allow us or any person authorized on our behalf: (a) Access to the "residence premises;" (b) To inspect the "residence premises· and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises; and (c) To require an "insured" or their representative, or both if reasonably possible, to be present at our inspection and to assist in identifying the damaged property during the inspection; (7) At our request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; (8) For losses covered under Coverage A and B, allow us to reinspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by any "assignees(s)" or third parties were completed, or following a supplemental or re-opened claim. i. Submit to us, within 60 days after the loss, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: (1) The description of the loss, including the date and time of the loss, the cause of loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss: (2) The names of all persons who resided at the insured location at the time of the loss: (3) The interest of all "insureds," "assignees· if any, and all others in the property involved and all liens on the property; (4) Other insurance which may cover the loss: (5) Changes in title or occupancy of the property during the term of the policy; (6) Specifications of damage to the dwelling and other structures, including; (a) Detailed descriptions of the damage to the property; (b) Repair estimates which show the extent of damage to each item or property; (c) Estimated amount(s) to repair or replace each item of property; and (d) Amount(s) of payment made for any temporary or permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; (7) The inventory of damaged personal property described in C.7. above; (8) Receipts for additional living expenses incurred and records that support the fair rental value; and (9) Evidence or affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. j. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: (1) As this information becomes available, and if additional loss or damage is discovered or incurred; and (2) If you are provided with new estimates or invoices regarding the losses submitted or not submitted in the proof of loss. The duties above apply regardless of whether you, an "insured" seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice or expert claim advice, regarding an insurance claim under this Policy. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. This is the second formal request for a recorded statement from the insured regarding the claim. We also request that you provide the following documents: • A copy of all invoices for work completed. • A copy of all checks/payments sent to any service contractors regarding the loss occurrence. • Photos of the current repair status. • A revised Sworn Proof of Loss (attached). For the reasons set forth herein, and for any other good and valid reasons that may become known during our investigation of this claim, you are hereby notified that any action taken by Frontline or its authorized representatives to investigate the cause of loss, determine the amount of loss or damage, or attempt to adjust any claim arising out of the alleged loss shall not waive any of the terms or conditions of the policy of insurance described above. Frontline does not intend, by this letter, to waive any policy defense in addition to those stated above, but specifically reserves its right to assert such additional policy defenses at any time. If you have any additional information or other items to provide to us, please submit these through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim). In the interim should you have any questions, please feel free to contact me at (251) 634-3656.” On December 22, 2023, the Insured then submitted a series of documents to Frontline, largely pursuant to the request for further information. On January 11, 2024, Frontline acknowledge receipt in a letter stating: “This serves to acknowledge our receipt of documents submitted addressed to Frontline Insurance. We received your Mitigation Inspection Report, Roof Inspection Affidavit, Copy of payment made for roof replacement, remediation, drywall, and insulation repairs for $85,759.79, Craftsman Custom Builders Estimate for $85,759.79, and photos of your roof replacement. Frontline Insurance provides homeowner’s coverage for the above insured. As we continue to investigate the claim, we look forward to working with you to discuss the facts and circumstances to determine if the policy covers the loss. The supplement estimate submitted is being evaluated for afforded coverage. Should you have any questions or concerns, or have any additional information you would like to be considered, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. EST. I can be reached at (251) 634-3656 and egraddy@flhi.com.” Pursuant to a repair estimate sent to Frontline in the aforementioned group of documents, Frontline issued a Reservation of Rights letter on January 21, 2024, to the Insured that advised that: “You initially informed us on October 8, 2022, of a loss resulting from Hurricane Ian that reportedly occurred on September 28, 2022, to your dwelling at 3059 Holcomb Rd, Port Charlotte, FL 33981. We inspected the reported loss on November 07, 2022, and March 18,2023. We noted damages that were addressed under separate correspondence. Frontline will investigate every claim that is reported to us and make payment for those losses that are covered under your policy; however, we must inform you that based on our preliminary investigation we have identified issues that may restrict, limit, or exclude coverage, and will be continuing our investigation under a Reservation of Rights. Recently, you submitted your contractor Craftsman Custom Builders LLCs cumulative remediation, roof, and interior repair estimate for $85,759.79. We must inform you we have identified issues that may restrict, limit or exclude coverage, and we are continuing our investigation under a full Reservation of Rights. Please be reminded your policy assigns you specific duties following a loss. These include promptly notifying us of the loss, protecting the property from further damage, cooperating with us in the investigation, showing us the damaged property and providing us with documents when requested. Your failure to cooperate with the investigation and participate may prejudice our investigation and may affect your rights under the policy. We direct you to your policy form. These requests are clearly identified in your homeowner’s policy as amended by the HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS. SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. Duties After Loss. An "assignment agreement" does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. "Your" Duties After Loss a. Give immediate notice to us or our agent. Except for Reasonable Emergency Measures taken under Additional Coverage 2., there is no coverage for repairs that begin before the earlier of: (1) 72 hours after we are notified of the loss: (2) The time of loss inspection by us; or (3) The time of other approval by us. If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures 2. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence e. Protect the property from further damage. The following must be performed: (1) Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverage 2. A reasonable emergency measure under 5.a. above may include a permanent repair when necessary to protect the covered property from further damage or to prevent unwanted entry to the property. To the degree reasonably possible, the damaged property must be retained for us to inspect. (2) Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. f. Cooperate with us in the investigation of a claim. This includes speaking to and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any "insured" seeking coverage, or a representative of either of these: (1) Must cooperate with our investigation; (2) Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and (3) May not act in any manner to obstruct our investigation. g. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts, and related documents that justify the figures in the inventory. h. As often as we reasonably require: (1) Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; (2) Provide us with records and documents we request and permit us to make copies; (3) You, and any and all "insureds;" and Any member, officer, director, partner, or similar representative of the association, corporation, or other entity, if you are the association, corporation, or other entity, who is an "insured;"-must: (a) Submit to examination under oath and recorded statements at the location insured or other reasonable location designated by us, while not in the presence of each other or any other "'insured;" (b) Provide government issued photo identification. If you do not possess government issued photo identification, a signed sworn statement identifying who you are may be provided; and (c) Sign any transcript of the examinations under oath and recorded statements; At our request, the examinations will be conducted separately and not in the presence of any other persons except legal representation: Such examinations and recorded statements must either be in person or utilize video and audio technology, or both, as determined by us: (4) Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and (5) Any and all "insureds- must execute all authorizations for the release of information when requested by us, which we deem relevant to the investigation of your loss. (6) Allow us or any person authorized on our behalf: (a) Access to the "residence premises;" (b) To inspect the "residence premises· and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises; and (c) To require an "insured" or their representative, or both if reasonably possible, to be present at our inspection and to assist in identifying the damaged property during the inspection; (7) At our request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; (8) For losses covered under Coverage A and B, allow us to reinspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by any "assignees(s)" or third parties were completed, or following a supplemental or re-opened claim. i. Submit to us, within 60 days after the loss, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: (1) The description of the loss, including the date and time of the loss, the cause of loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss: (2) The names of all persons who resided at the insured location at the time of the loss: (3) The interest of all "insureds," "assignees· if any, and all others in the property involved and all liens on the property; (4) Other insurance which may cover the loss: (5) Changes in title or occupancy of the property during the term of the policy; (6) Specifications of damage to the dwelling and other structures, including; (a) Detailed descriptions of the damage to the property; (b) Repair estimates which show the extent of damage to each item or property; (c) Estimated amount(s) to repair or replace each item of property; and (d) Amount(s) of payment made for any temporary or permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; (7) The inventory of damaged personal property described in C.7. above; (8) Receipts for additional living expenses incurred and records that support the fair rental value; and (9) Evidence or affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. j. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: (1) As this information becomes available, and if additional loss or damage is discovered or incurred; and (2) If you are provided with new estimates or invoices regarding the losses submitted or not submitted in the proof of loss. The duties above apply regardless of whether you, an "insured" seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice or expert claim advice, regarding an insurance claim under this Policy. This is the third formal request for a recorded statement from the insured regarding the claim. Also, we are requesting you provide the following documents: • A revised signed and notarized Sworn Proof of Loss (attached) that includes your updated claim loss values. The requested documentation is relevant to the facts, communications and circumstances surrounding the claim. The production of documents may be accomplished by mail to PO Box 958405 Lake Mary, FL 32795 or uploading directly into your claim by following the link to “File a Claim / Upload Claim Document” and then “Upload Documents to an Existing Claim” on our website: www.frontlineinsurance.com. For the reasons set forth herein, and for any other good and valid reasons that may become known during our investigation of this claim, you are hereby notified that any action taken by Frontline or its authorized representatives to investigate the cause of loss, determine the amount of loss or damage, or attempt to adjust any claim arising out of the alleged loss shall not waive any of the terms or conditions of the policy of insurance described above. Frontline does not intend, by this letter, to waive any policy defense in addition to those stated above, but specifically reserves its right to assert such additional policy defenses at any time. If you have any additional information or other items to provide to us, please submit these through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim). In the interim should you have any questions, please feel free to contact me at (251) 634-3656.” The Sworn Proof of Loss was not provided. As a result on February 13, 2024, Frontline sent a letter to the Public Adjuster following a phone call about mold and remediation. The letter highlighted: “This letter is sent to confirm our conversation regarding the above referenced loss. Frontline acknowledges receipt of your claim under the above policy number. We must call your attention to endorsement FIM 00 13 06 21 LIMITED FUNGI, WET OR DRY ROT, OR BACTERIA COVERAGE. A full copy of this endorsement is enclosed for your review. This endorsement provides coverage for increased damages due to ongoing leaks/mold/wet or dry rot with a special policy limit of $10,000.00 per occurrence with a $50,000.00 policy aggregate. Please take special note that all costs or damages due solely to the presence of mold are subject to this limit. This includes, but is not limited to: • The pre-testing and protocol charges. State guidelines require a Protocol Specialist / Hygienist (that is certified in mold protocol) inspect your home to confirm the presence of mold and determine exactly what must be done to remediate or eliminate the mold. This is referred to as the “protocol” as it establishes a step-by-step procedure of the activities and repairs required to clear your home of mold. • The remediation charges by a certified mold remediation contractor. This contractor must be separate from and have no association with the Protocol Specialist/Hygienist, to remain independent and unbiased in their repair work. They follow the protocol established by the Protocol Specialist/Hygienist. • The post-remediation testing or “clearance” testing charges to ensure mold has been removed from the building. The Protocol Specialist/Hygienist will re-inspect your home and perform additional sampling. If the mold has been removed, the Hygienist will certify this by providing you with a Certificate of Clearance/Clearance Report. If remediation is not completed properly and the home fails clearance, they will provide a supplemental protocol to the contractor for the additional activities required. This cycle will continue until testing confirms the building has been cleared of mold. All of the testing by the Protocol Specialist/Hygienist, the remediation activities (i.e. tear out of affected building materials, cleaning, disposal of affected materials), and the build back of any damages solely related to mold, plus any other expenses/damages under Section I of your policy, are subject to the $10,000.00 per occurrence special limit. Please note that this includes any costs incurred for Loss of Use/Additional Living Expenses should your home become unlivable due to mold damages and/or remediation repairs. The choice of a Protocol Specialist/Hygienist and remediation contractor is your responsibility. Please supply us with: • A copy of the protocol from your Protocol Specialist/Hygienist. • A copy of the remediation estimate (following the protocol) from your certified remediation contractor. • A copy of the final Certificate of Clearance or Clearance Report from your Protocol Specialist / Hygienist, along with their invoice(s) for testing. Failure to provide us with a copy of the final Certificate of Clearance, confirming mold has been successfully removed from your home, could result in policy termination. Please send this information to my attention at the address shown on the first page of this letter. Please include your claim number on all correspondence. If hidden damages are found once remediation begins, our adjuster may need to again inspect your property to determine any other coverage your policy may provide. Please do not begin additional repairs until we have this information and the required inspection is completed. Should you have any questions or concerns please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. EST. I can be reached at (251) 634-3656 and egraddy@flhi.com.” On April 8, 2024, Frontline emailed the Public Adjuster, altering the Public Adjuster that the Policy was reaching its limits. The email was followed by an April 9, 2024 letter, again citing the duties after loss contained in the policy, the next day: “On June 6, 2023, Frontline extended coverage for wind damages from Hurricane Ian and issued payment based on our estimate with a replacement cost value in the amount of $185,308.07. This payment was not a full and final payment of the covered loss, and Frontline is continuing to evaluate your claim. The estimate upon which Frontline’s undisputed payment was based and the coverage determination letter are attached for your review. The estimate includes a description of each item of covered, damaged property, the extent of covered damage, and the estimated amount to repair or replace each item. Frontline received your public adjusters estimate(s) in the amount of $221,943.08. In order to fully investigate the damages claimed, Frontline reinspected the property and issued an additional payment based on the reinspection. We supplemented the claim 2 additional times since that reinspection. Based on the competing estimates, there is currently a dispute regarding the amount of the covered loss. Nonetheless, Frontline is continuing to evaluate your claim and desires to reach an agreement with you as to the amount of the covered loss. Please contact us to reach an agreement. Please be reminded your Homeowners insurance policy assigns you specific duties following a loss, including the duty to protect the property from further damage, keep an accurate record of repairs, and produce updates including revised description of loss, estimates or other supporting information. Accordingly, we direct you to your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS - FLORIDA. SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. Duties After Loss. An "assignment agreement" does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. "Your" Duties After Loss a. Give immediate notice to us or our agent. Except for Reasonable Emergency Measures taken under Additional Coverage 2., there is no coverage for repairs that begin before the earlier of: (1) 72 hours after we are notified of the loss: (2) The time of loss inspection by us; or (3) The time of other approval by us. If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures 2. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence e. Protect the property from further damage. The following must be performed: (1) Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverage 2. A reasonable emergency measure under 5.a. above may include a permanent repair when necessary to protect the covered property from further damage or to prevent unwanted entry to the property. To the degree reasonably possible, the damaged property must be retained for us to inspect. (2) Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. f. Cooperate with us in the investigation of a claim. This includes speaking to and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any "insured" seeking coverage, or a representative of either of these: (1) Must cooperate with our investigation; (2) Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and (3) May not act in any manner to obstruct our investigation. g. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts, and related documents that justify the figures in the inventory. h. As often as we reasonably require: (1) Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; (2) Provide us with records and documents we request and permit us to make copies; (3) You, and any and all "insureds;" and Any member, officer, director, partner, or similar representative of the association, corporation, or other entity, if you are the association, corporation, or other entity, who is an "insured;"-must: (a) Submit to examination under oath and recorded statements at the location insured or other reasonable location designated by us, while not in the presence of each other or any other "'insured;" (b) Provide government issued photo identification. If you do not possess government issued photo identification, a signed sworn statement identifying who you are may be provided; and (c) Sign any transcript of the examinations under oath and recorded statements; At our request, the examinations will be conducted separately and not in the presence of any other persons except legal representation: Such examinations and recorded statements must either be in person or utilize video and audio technology, or both, as determined by us: (4) Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and (5) Any and all "insureds- must execute all authorizations for the release of information when requested by us, which we deem relevant to the investigation of your loss. (6) Allow us or any person authorized on our behalf: (a) Access to the "residence premises;" (b) To inspect the "residence premises· and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises; and (c) To require an "insured" or their representative, or both if reasonably possible, to be present at our inspection and to assist in identifying the damaged property during the inspection; (7) At our request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; (8) For losses covered under Coverage A and B, allow us to reinspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by any "assignees(s)" or third parties were completed, or following a supplemental or re-opened claim. i. Submit to us, within 60 days after the loss, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: (1) The description of the loss, including the date and time of the loss, the cause of loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss: (2) The names of all persons who resided at the insured location at the time of the loss: (3) The interest of all "insureds," "assignees· if any, and all others in the property involved and all liens on the property; (4) Other insurance which may cover the loss: (5) Changes in title or occupancy of the property during the term of the policy; (6) Specifications of damage to the dwelling and other structures, including; (a) Detailed descriptions of the damage to the property; (b) Repair estimates which show the extent of damage to each item or property; (c) Estimated amount(s) to repair or replace each item of property; and (d) Amount(s) of payment made for any temporary or permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; (7) The inventory of damaged personal property described in C.7. above; (8) Receipts for additional living expenses incurred and records that support the fair rental value; and (9) Evidence or affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. j. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: (1) As this information becomes available, and if additional loss or damage is discovered or incurred; and (2) If you are provided with new estimates or invoices regarding the losses submitted or not submitted in the proof of loss. The duties above apply regardless of whether you, an "insured" seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice or expert claim advice, regarding an insurance claim under this Policy. The following conditions are added to SECTION I - CONDITIONS of your policy: T. Notice of Claim If your policy provides hurricane or windstorm coverage, then a claim, supplemental claim or reopened claim for loss or damage caused by hurricane or other windstorm must be given to us in accordance with the terms of this policy and as follows: a. A claim or reopened claim must be reported within two years after the hurricane first made landfall or a windstorm other than a Hurricane caused the damage. or, b. A supplemental claim must be reported within three years after the hurricane first made landfall or a windstorm other than a hurricane caused the damage, and, c. Within any other applicable statutorily, required timeframe; Whichever is less. This condition concerning time for submission of claim does not affect any limitation for legal action against us as provided in this policy under the Suit Against Us Condition including any amendment to that condition. (This is Condition S. in form HO 00 04) The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. WE ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US. Frontline specifically reserves its right to assert any other applicable policy provisions, defenses, or exclusions in addition to those stated above; and any such applicable provisions, defenses or exclusions are hereby both asserted and affirmed. Please do not hesitate to contact our office with any questions about the estimated amount of the payment made to date. Should you have any questions or concerns or have any additional information you would like to be considered, please feel free to contact Frontline at (877) 744-5224.” Due to a clear disagreement between the parties on the valuation of the claimed damages, and pursuant to the Policy, on April 17, 2024, Frontline requested Appraisal for the claim and advised the Insured and the Public Adjuster that: “This is to inform you that we do not agree with you on the settlement regarding the loss. To the extent there is a dispute as to the replacement cost building loss and actual cash value of the loss. Frontline is requesting you name your competent appraiser within 20 days after receiving this written request. To qualify as a “competent” appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent. For your convenience, we are enclosing a proposed Appraiser Appointment Form. Once you have selected your “competent” appraiser, please submit the Appraiser Appointment Form through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. While Frontline agrees to participate in Appraisal in order to set the amount of loss, this agreement applies only to those items of the claim which been presented to and investigated by Frontline, and over which the parties have arrived at a disagreement about the amount of loss. While Frontline agrees to participate in Appraisal in order to set the amount of loss, be reminded, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Frontline herein selects the following appraiser: Name: Larry Bree McCorkle Email: bree@mccorkleaucs.com Telephone: 251-510-2214 The appraisers must choose “competent, disinterested umpire” within 15 days. If they cannot agree upon an umpire within 15 days, we may request that the choice be made by a judge. Each party will pay its own appraiser, including their costs associated with producing the appraisal estimate, above; and bear the other expenses of the appraisal and umpire equally. The appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. The written report of the agreement will be in writing and shall include the following: • Detailed list, including amount to repair or replace each specific item included in the award from the appraisal findings • Replacement cost and actual cash value of each agreed upon item • Contain the statement “This award is made subject to the terms and conditions of the policy” Accordingly, we direct you to your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS, which provides in part: SECTION I - CONDITIONS 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named "Insureds" shown in the Declarations. You must comply with SECTION I - CONDITIONS, C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises· is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy." Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above: and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You" and we· do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. The policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (877) 744-5224 ext. 8165. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” As a response to this letter was not provided, on April 22, 2024, Frontline sent another letter alerting the Insured: “This correspondence will serve as Frontline’s second request for you to comply with our written demand for appraisal dated April 17, 2024. Pursuant to the policy, you must name your “competent” appraiser within 20 days after receiving the written request. Despite Frontline’s appraisal demand, you have still not named your appraiser, which is a failure to comply with the appraisal provision of the policy. Please provide the name and contact information within five (5) days of this letter. To qualify as a “competent” appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent. Accordingly, we direct you to HO 00 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS – FLORIDA, which states in part: SECTION I - CONDITIONS 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named "Insureds" shown in the Declarations. You must comply with SECTION I - CONDITIONS, C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises· is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy." Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above: and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You" and we· do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. The policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved.” As a response was not provided, Frontline sent another letter to the Insured this same letter requesting appraisal on April 30, 2024. As a response was still pending from the Insured, a third letter requesting appraisal was sent on May 22, 2024. Thereafter the Insured selected an appraiser, and an inspection was planned for May 29, 2024, for the appraisal panel. Frontline acknowledged this information in a May 24, 2024, letter stating: “This letter is to confirm receipt of appraiser’s contact information submitted by Builder’s Perspective Public Adjusting, LLC on May 08, 2024, appointing James Headrick. The appraisers will choose an umpire within 15 days. If they cannot agree upon an umpire within 15 days, we may request that the choice be made by a judge. Each party will pay its own appraiser, including their costs associated with producing the appraisal estimate, above; and bear the other expenses of the appraisal and umpire equally. The appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. All parties have agreed to participate in the Appraisal process with regard to eligible aspects of the referenced claim and applicable provisions of your homeowner’s insurance policy. While Frontline agrees to participate in Appraisal in order to set the amount of loss, be reminded, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. The report of the agreement will be in writing and shall include the following: • Detailed list, including amount to repair or replace each specific item included in the award from the appraisal findings • Replacement cost and actual cash value of each agreed upon item • Contain the statement “This award is made subject to the terms and conditions of the policy” The final award form, provided by Frontline, ultimate award will be subject to reduction according to the terms and conditions of the policy, including, but not limited to applicable policy sublimit, all loss settlement provisions, all applicable deductibles, and prior payments. The appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Accordingly, we direct you to HO 00 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS – FLORIDA, which states in part: SECTION I – CONDITIONS In forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced with the following: F. Mediation or Appraisal. If you or we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: SECTION I - CONDITIONS 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named "Insureds" shown in the Declarations. You must comply with SECTION I - CONDITIONS, C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises· is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy." Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above: and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You" and we· do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. Your policy provides specific duties following a loss, including, but not limited to allowing us to inspect the damaged property prior to its removal from the property and showing us the damaged property. Failure to comply with these duties may be prejudicial to the claims process. Accordingly, we direct you to HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS – FLORIDA, which states in part: 1. "Your'' Duties After Loss b. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the residence premises and make copies of the photographs. e. Protect the property from further damage. The following must be performed: (1) Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverage 2. A reasonable emergency measure under 5.a. above may include a permanent repair when necessary to protect the covered property from further damage or to prevent unwanted entry to the property. To the degree reasonably possible, the damaged property must be retained for us to inspect. (2) Keep an accurate record of repair expenses. To the -degree reasonably possible, take pictures prior to repairs commencing. f. Cooperate with us in the investigation of a claim. This includes speaking to and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any insured· see ·ng coverage, or a representative of either of these: (1) Must cooperate with our investigation; (2) Must not act in any manner that prevents us or any person authorized to act on our behalf, from investing the claim: and (3) May not act in any manner to obstruct our investigation. g. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related documents that justify the figures in the inventory. h. As often as we reasonably require: (1) Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I – PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; (2) Provide us with records and documents we request and permit us to make copies· (6) Allow us or any person authorized on our behalf: (a) Access to the "residence premises" (b) To inspect the "residence premises· and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises; and (c) To require an insured" or their representative, or both if reasonably possible, to be present at our inspection and to assist in identifying the damaged property during the inspection: (8) For losses covered under Coverage A and B, allow us to reinspect, including but not limited to taking photographs an or video of the property to confirm repairs invoiced by any "assignees(s)" or third parties were completed, or following a supplemental or re-opened claim. j. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates or other supporting information : (1) As this information becomes available, and if additional loss or damage is discovered or incurred; and (2) If you are provided with new estimates or invoices regarding the losses submitted or not submitted in the proof of loss. The duties above apply regardless of whether you, an “insured” seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice or expert claim advice, regarding an insurance claim under this Policy. The aforementioned policy provisions are only excerpts from you policy. All policy terms and conditions continue to apply to your claim Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (972) 275-7135. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” As the inspection took place and as the appraisers were working to reach a resolution and choose an umpire, Frontline sent yet another status update on June 24, 2024 stating: “Frontline has proceeded with appraisal since May 24, 2024, after both Appraisers have been selected. Pursuant to the policy, the appraisers had 15 days to select an umpire. At this time, the appraisers have not provided appointed umpire’s name The appraisal inspection was completed on May 29, 2024. The appraisers are currently working to reach a resolution of your claim, we will update as the appraisal progresses. To ensure the prompt resolution of this claim, please submit all documentation in support of your dispute to your named appraiser directly, including, but not limited to, proof of incurred expenses, truncated credit card statements, front and back of all executed checks, receipts, permits, photos, settlement documentation from other appliable insurance providers (i.e. flood proof of loss, settlement documents, prior payments) videos and other reports. You may also submit these items through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). The written report of agreement will be in writing and shall include the following: • All invoices and receipts for work completed to the property since loss reported • All contract and proof of payment for permit o Roof permit 20230647775 • Any and all sub-contractor bids and contracts specifically Craftsman Custom Builders LLC • Any and all documentation evidencing actual costs incurred including but not limited to invoices, receipts, expert reports, repair estimates and any and all documentation evidencing the actual costs of materials and labor provided in relation to the claimed damages • All proof of payments to sub-contractors for repairs and services performed • All proof of payments, including but not limited to payment of deductible, deposits, proof of truncated checks for payment, cancelled checks and receipts evidencing payments • Copies of any correspondence telating to this loss such as contracts, work authorizations, and assignment of benefits • Executed authorization forms to allow us to secure records deemed necessary to the investigation, including but not limited to executed authorization forms to submit to Federal Emergency management Agency (FEMA) • All settlement documents from damages occurring due to flood from either FEMA and or your flood carrier o A copy of you Flood Sworn proof of Loss o A copy of your flood claim coverage determination letter provided by your flood insurance carrier or FEMA o A copy of any field and/or expert reports and photos obtained for this claim • A list of the cited content items claimed and given to your flood insurance carrier and/or FEMA (FEMA Form 206-FY-21-106) • All copies of payments received from your flood carrier and/or FEMA.” The final award form, provided by Frontline, ultimate award will be subject to reduction according to the terms and conditions of the policy, including, but not limited to applicable policy sublimit, all loss settlement provisions, all applicable deductibles, and prior payments. Accordingly, we direct you to your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS, which provides in part: SECTION I – CONDITIONS In forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced with the following: F. Mediation or Appraisal. If you or we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: SECTION I - CONDITIONS 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named "Insureds" shown in the Declarations. You must comply with SECTION I - CONDITIONS, C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises· is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy." Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above: and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You" and we· do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (972) 275-7135. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” A second appraisal status letter was sent to the Insured on July 24, 2024 that noted: “Frontline has proceeded with appraisal since May 24, 2024, after both Appraisers have been selected. Pursuant to the policy, the appraisers had 15 days to select an umpire. At this time, the appraisers have appointed umpire Richard Collins. The appraisal inspection was completed on May 29, 2024. The appraisers are currently working to reach a resolution of your claim, we will update as the appraisal progresses. While Frontline is continuing to participate in appraisal, new information has been identified that could alter the scope and extent of the parties’ dispute. Specifically, roof permit 20230647775 shows that roof replacement was performed on or about February 23, 2024 at a value of $52,000.00, but the amount claimed for this item in the estimate you presented to Frontline is $85,759.79. Accordingly, additional information and documentation is required to crystallize the parties’ dispute for the appraisal panel. Frontline is requesting a meaningful exchange of information sufficient for each party to determine if you and Frontline still have a disagreement as to scope and settlement of the loss. The written report of agreement will be in writing and shall include the following: • All invoices and receipts for work completed to the property since loss reported • All contract and proof of payment for permit o Roof permit 20230647775 • Any and all sub-contractor bids and contracts specifically Craftsman Custom Builders LLC • Any and all documentation evidencing actual costs incurred including but not limited to invoices, receipts, expert reports, repair estimates and any and all documentation evidencing the actual costs of materials and labor provided in relation to the claimed damages • All proof of payments to sub-contractors for repairs and services performed • All proof of payments, including but not limited to payment of deductible, deposits, proof of truncated checks for payment, cancelled checks and receipts evidencing payments • Copies of any correspondence relating to this loss such as contracts, work authorizations, and assignment of benefits • Executed authorization forms to allow us to secure records deemed necessary to the investigation, including but not limited to executed authorization forms to submit to Federal Emergency management Agency (FEMA) • All settlement documents from damages occurring due to flood from either FEMA and or your flood carrier o A copy of you Flood Sworn proof of Loss o A copy of your flood claim coverage determination letter provided by your flood insurance carrier or FEMA o A copy of any field and/or expert reports and photos obtained for this claim • A list of the cited content items claimed and given to your flood insurance carrier and/or FEMA (FEMA Form 206-FY-21-106) • All copies of payments received from your flood carrier and/or FEMA. Items received: • Flood claim estimate To ensure the prompt resolution of this claim, please submit all documentation in support of your dispute to your named appraiser directly, including, but not limited to, proof of incurred expenses, truncated credit card statements, front and back of all executed checks, receipts, permits, photos, settlement documentation from other appliable insurance providers (i.e. flood proof of loss, settlement documents, prior payments) videos and other reports. You may also submit these items through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). The written report of agreement will be in writing and shall include the following: • Detailed list, including amount to repair or replace each specific item included in the award from the appraisal findings • Replacement cost and actual cash value of each agreed upon item • Contain the statement “This award is made subject to the terms and conditions of the policy” The final award form, provided by Frontline, ultimate award will be subject to reduction according to the terms and conditions of the policy, including, but not limited to applicable policy sublimit, all loss settlement provisions, all applicable deductibles, and prior payments. Accordingly, we direct you to your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS, which provides in part: SECTION I – CONDITIONS In forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced with the following: F. Mediation or Appraisal. If you or we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: SECTION I - CONDITIONS 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named "Insureds" shown in the Declarations. You must comply with SECTION I - CONDITIONS, C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises· is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy." Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above: and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You" and we· do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (972) 275-7135. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” A third appraisal status letter was sent to the Insured on August 26, 2024 that advised that: “Frontline has proceeded with appraisal since May 24, 2024, after both Appraisers have been selected. Pursuant to the policy, the appraisers had 15 days to select an umpire. At this time, the appraisers have appointed umpire Richard Collins. The appraisal inspection was completed on May 29, 2024. The appraisers are currently working to reach a resolution of your claim, we will update as the appraisal progresses. While Frontline is continuing to participate in appraisal, new information has been identified that could alter the scope and extent of the parties’ dispute. Specifically, all pertaining flood document such as the coverage letter and SPOL. Accordingly, additional information and documentation is required to crystallize the parties’ dispute for the appraisal panel. Frontline is requesting a meaningful exchange of information sufficient for each party to determine if you and Frontline still have a disagreement as to scope and settlement of the loss. Specifically, we ask you to send us all the following in your possession as it relates to our investigation: • All invoices and receipts for work completed to the property since loss reported • All contract and proof of payment for permit o Roof permit 20230647775 • Any and all sub-contractor bids and contracts specifically Craftsman Custom Builders LLC • Any and all documentation evidencing actual costs incurred including but not limited to invoices, receipts, expert reports, repair estimates and any and all documentation evidencing the actual costs of materials and labor provided in relation to the claimed damages • All proof of payments to sub-contractors for repairs and services performed • All proof of payments, including but not limited to payment of deductible, deposits, proof of truncated checks for payment, cancelled checks and receipts evidencing payments • Copies of any correspondence relating to this loss such as contracts, work authorizations, and assignment of benefits • Executed authorization forms to allow us to secure records deemed necessary to the investigation, including but not limited to executed authorization forms to submit to Federal Emergency management Agency (FEMA) • All settlement documents from damages occurring due to flood from either FEMA and or your flood carrier o A copy of you Flood Sworn proof of Loss o A copy of your flood claim coverage determination letter provided by your flood insurance carrier or FEMA o A copy of any field and/or expert reports and photos obtained for this claim • A list of the cited content items claimed and given to your flood insurance carrier and/or FEMA (FEMA Form 206-FY-21-106) • All copies of payments received from your flood carrier and/or FEMA. Items received: • Flood claim estimate In addition, Frontline is reserving the right to request your Examination Under Oath (“EUO”) in the future. To ensure the prompt resolution of this claim, please submit all documentation in support of your dispute to your named appraiser directly, including, but not limited to, proof of incurred expenses, truncated credit card statements, front and back of all executed checks, receipts, permits, photos, settlement documentation from other appliable insurance providers (i.e. flood proof of loss, settlement documents, prior payments) videos and other reports. You may also submit these items through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). The written report of agreement will be in writing and shall include the following: • Detailed list, including amount to repair or replace each specific item included in the award from the appraisal findings • Replacement cost and actual cash value of each agreed upon item • Contain the statement “This award is made subject to the terms and conditions of the policy” The final award form, provided by Frontline, ultimate award will be subject to reduction according to the terms and conditions of the policy, including, but not limited to applicable policy sublimit, all loss settlement provisions, all applicable deductibles, and prior payments. Your policy with Frontline contains HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS. Accordingly, we refer you to SECTION I CONDITIONS, which states in part: SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. Duties After Loss. An "assignment agreement" does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. Give immediate notice to us or our agent. Except for Reasonable Emergency Measures taken under Additional Coverage 2., there is no coverage for repairs that begin before the earlier of: a. 72 hours after we are notified of the loss; b. The time of loss inspection by us; or c. The time of other approval by us. If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures begins the earlier of when we are given access to inspect the loss or when we fail to appear at a scheduled loss inspection. 2. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence SECTION I – CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. Duties After Loss. An "assignment agreement" does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. Give immediate notice to us or our agent. Except for Reasonable Emergency Measures taken under Additional Coverage 2., there is no coverage for repairs that begin before the earlier of: a. 72 hours after we are notified of the loss; b. The time of loss inspection by us; or c. The time of other approval by us. If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures begins the earlier of when we are given access to inspect the loss or when we fail to appear at a scheduled loss inspection. 2. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence c. May not act in any manner to obstruct our investigation. 7. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts, and related documents that justify the figures in the inventory. 8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Provide us with records and documents we request and permit us to make copies; c. You, and any and all "insureds;" and Any member, officer, director, partner, or similar representative of the association, corporation, or other entity, if you are the association, corporation, or other entity, who is an "insured;" and Any agent, representative, "assignee," including any public adjuster, engaged on behalf of you or any "insured," or any member, officer, director, partner, or similar representative of an association, corporation, or other entity, described in the paragraph above; must: (1) Submit to examination under oath and recorded statements at the location insured or other reasonable location designated by us, while not in the presence of each other or any other "insured;" (2) Provide government issued photo identification. If you do not possess government issued photo identification, a signed sworn statement identifying who you are may be provided; and (3) Sign any transcript of the examinations under oath and recorded statements; At our request, the examinations will be conducted separately and not in the presence of any other persons except legal representation; Such examinations and recorded statements must either be in-person or utilize video and audio technology, or both, as determined by us; d. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and e. Any and all "insureds" must execute all authorizations for the release of information when requested by us, which we deem relevant to the investigation of your loss. f. Allow us or any person authorized on our behalf: (1) Access to the "residence Premises” (2) To inspect the "residence premises" and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises;" and (3) To require an "insured" or their representative, or both if reasonably possible, to be present at our inspection and to assist in identifying the damaged property during the inspection; g. At our request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; h. For losses covered under Coverage A and B, allow us to re-inspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by any "assignees(s)" or third parties were completed, or following a supplemental or re-opened claim. 9. Submit to us, within 60 days after the loss, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: a. The description of the loss, including the date and time of the loss, the cause of loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss; b. The names of all persons who resided at the insured location at the time of the loss; c. The interest of all "insureds," "assignees" if any, and all others in the property involved and all liens on the property; d. Other insurance which may cover the loss; e. Changes in title or occupancy of the property during the term of the policy; f. Specifications of damage to the dwelling and other structures. including; (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary or permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; g. The inventory of damaged personal property described in C.7. above; h. Receipts for additional living expenses incurred and records that support the fair rental value; and i. Evidence or affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. 10. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: a. As this information becomes available, and if additional loss or damage is discovered or incurred; and b. If you are provided with new estimates or invoices regarding the losses submitted or not submitted in the proof of loss. The duties above apply regardless of whether you, an "insured" seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice or expert claim advice, regarding an insurance claim under this Policy. SECTION I – CONDITIONS In forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced with the following: F. Mediation or Appraisal. If you or we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: SECTION I - CONDITIONS 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named "Insureds" shown in the Declarations. You must comply with SECTION I - CONDITIONS, C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises· is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy." Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above: and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You" and we· do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (972) 275-7135. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” Frontline sent a fourth appraisal update letter on October 3, 2024, which noted: “Frontline has proceeded with appraisal since May 24, 2024, after both Appraisers have been selected. Pursuant to the policy, the appraisers had 15 days to select an umpire. At this time, the appraisers have appointed umpire Richard Collins. The appraisal inspection was completed on May 29, 2024. The appraisers are currently working to reach a resolution of your claim, we will update as the appraisal progresses. While Frontline is continuing to participate in appraisal, new information has been identified that could alter the scope and extent of the parties’ dispute. Specifically, all pertaining flood document such as the coverage letter and SPOL. Accordingly, additional information and documentation is required to crystallize the parties’ dispute for the appraisal panel. Frontline is requesting a meaningful exchange of information sufficient for each party to determine if you and Frontline still have a disagreement as to scope and settlement of the loss. Specifically, we ask you to send us all the following in your possession as it relates to our investigation: • All invoices and receipts for work completed to the property since loss reported • All contract and proof of payment for permit o Roof permit 20230647775 • Any and all sub-contractor bids and contracts specifically Craftsman Custom Builders LLC • Any and all documentation evidencing actual costs incurred including but not limited to invoices, receipts, expert reports, repair estimates and any and all documentation evidencing the actual costs of materials and labor provided in relation to the claimed damages • All proof of payments to sub-contractors for repairs and services performed • All proof of payments, including but not limited to payment of deductible, deposits, proof of truncated checks for payment, cancelled checks and receipts evidencing payments • Copies of any correspondence relating to this loss such as contracts, work authorizations, and assignment of benefits • Executed authorization forms to allow us to secure records deemed necessary to the investigation, including but not limited to executed authorization forms to submit to Federal Emergency management Agency (FEMA) • All settlement documents from damages occurring due to flood from either FEMA and or your flood carrier o A copy of you Flood Sworn proof of Loss o A copy of your flood claim coverage determination letter provided by your flood insurance carrier or FEMA o A copy of any field and/or expert reports and photos obtained for this claim • A list of the cited content items claimed and given to your flood insurance carrier and/or FEMA (FEMA Form 206-FY-21-106) • All copies of payments received from your flood carrier and/or FEMA. Items received: • Flood claim estimate • Invoice from Craftsman Custom Builders To ensure the prompt resolution of this claim, please submit all documentation in support of your dispute to your named appraiser directly, including, but not limited to, proof of incurred expenses, truncated credit card statements, front and back of all executed checks, receipts, permits, photos, settlement documentation from other appliable insurance providers (i.e. flood proof of loss, settlement documents, prior payments) videos and other reports. You may also submit these items through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). The written report of agreement will be in writing and shall include the following: • Detailed list, including amount to repair or replace each specific item included in the award from the appraisal findings • Replacement cost and actual cash value of each agreed upon item • Contain the statement “This award is made subject to the terms and conditions of the policy” The final award form, provided by Frontline, ultimate award will be subject to reduction according to the terms and conditions of the policy, including, but not limited to applicable policy sublimit, all loss settlement provisions, all applicable deductibles, and prior payments. Accordingly, we direct you to your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS, which provides in part: SECTION I – CONDITIONS In forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced with the following: F. Mediation or Appraisal. If you or we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: SECTION I - CONDITIONS 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named "Insureds" shown in the Declarations. You must comply with SECTION I - CONDITIONS, C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises· is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy." Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above: and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You" and we· do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (972) 275-7135. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” On November 4, 2024, following additional correspondence between the parties and the submission of additional materials, Frontline sent another status update that noted: “Frontline has proceeded with appraisal since May 24, 2024, after both Appraisers have been selected. Pursuant to the policy, the appraisers had 15 days to select an umpire. At this time, the appraisers have appointed umpire Richard Collins. The appraisal inspection was completed on May 29, 2024, and the panel inspection is in the process of being scheduled. The appraisers are currently working to reach a resolution of your claim, we will update as the appraisal progresses. While Frontline is continuing to participate in appraisal, new information has been identified that could alter the scope and extent of the parties’ dispute. Specifically, Sworn Proof of Loss. Accordingly, additional information and documentation is required to crystallize the parties’ dispute for the appraisal panel. Frontline is requesting a meaningful exchange of information sufficient for each party to determine if you and Frontline still have a disagreement as to scope and settlement of the loss. Specifically, we ask you to send us all the following in your possession as it relates to our investigation: • Updated Executed Sworn Proof of Loss. Items received: • Flood claim estimate • Invoice from Craftsman Custom Builders • Signed Certificate of Identity Form • Signed Flood Authorization Form In addition, Frontline is reserving the right to request your Examination Under Oath (“EUO”) in the future. To ensure the prompt resolution of this claim, please submit all documentation in support of your dispute to your named appraiser directly, including, but not limited to, proof of incurred expenses, truncated credit card statements, front and back of all executed checks, receipts, permits, photos, settlement documentation from other appliable insurance providers (i.e. flood proof of loss, settlement documents, prior payments) videos and other reports. You may also submit these items through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). The written report of agreement will be in writing and shall include the following: • Detailed list, including amount to repair or replace each specific item included in the award from the appraisal findings • Replacement cost and actual cash value of each agreed upon item • Contain the statement “This award is made subject to the terms and conditions of the policy” The final award form, provided by Frontline, ultimate award will be subject to reduction according to the terms and conditions of the policy, including, but not limited to applicable policy sublimit, all loss settlement provisions, all applicable deductibles, and prior payments. Accordingly, we direct you to your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS, which provides in part: SECTION I – CONDITIONS In forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced with the following: F. Mediation or Appraisal. If you or we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: SECTION I - CONDITIONS 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named "Insureds" shown in the Declarations. You must comply with SECTION I - CONDITIONS, C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises· is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy." Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above: and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You" and we· do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (972) 275-7135. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” This was accompanied by an email exchanging highlighting the fact that the Insured are not complying with Frontline’s requests, specifically, providing an updated sworn proof of loss. Once the Insured complied with Frontline’s request Frontline sent another update letter on November 29, 2024 stating “Frontline has proceeded with appraisal since May 24, 2024, after both Appraisers have been selected. Pursuant to the policy, the appraisers had 15 days to select an umpire. At this time, the appraisers have appointed umpire Richard Collins. The appraisal inspection was completed on May 29, 2024, and the panel inspection is in the process of being scheduled. The appraisers are currently working to reach a resolution of your claim, we will update as the appraisal progresses. To ensure the prompt resolution of this claim, please submit all documentation in support of your dispute to your named appraiser directly, including, but not limited to, proof of incurred expenses, truncated credit card statements, front and back of all executed checks, receipts, permits, photos, settlement documentation from other appliable insurance providers (i.e. flood proof of loss, settlement documents, prior payments) videos and other reports. You may also submit these items through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). The written report of agreement will be in writing and shall include the following: • Detailed list, including amount to repair or replace each specific item included in the award from the appraisal findings • Replacement cost and actual cash value of each agreed upon item • Contain the statement “This award is made subject to the terms and conditions of the policy” The final award form, provided by Frontline, ultimate award will be subject to reduction according to the terms and conditions of the policy, including, but not limited to applicable policy sublimit, all loss settlement provisions, all applicable deductibles, and prior payments. Accordingly, we direct you to your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS, which provides in part: SECTION I – CONDITIONS In forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced with the following: F. Mediation or Appraisal. If you or we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: SECTION I - CONDITIONS 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named "Insureds" shown in the Declarations. You must comply with SECTION I - CONDITIONS, C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises· is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy." Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above: and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You" and we· do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (972) 275-7135. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” Seemingly in response to same, this Civil Remedy Notice was filed December 2, 2024. On December 26, 2024, an award was entered by Richard Collins. Accordingly, on January 21, 2025, Frontline sent the following letter to the Insured’s counsel: “This letter is meant to acknowledge the executed appraisal award dated December 26, 2024, and received by Frontline on December 30, 2024. The award was executed by Carrier’s Appraiser, Bree McCorkle, on December 24, 2024, and Umpire, Richard Collins on December 26, 2024. Frontline has reviewed the award to complete the repairs. A copy of the estimate, award and Statement of Loss upon which the payment is based is attached here for your records. After the application of the policy limits, deductible, prior payments, and recoverable depreciation the amount of the estimated payment is computed based upon the information currently available to us as follows: COVERAGE A - BUILDING Award - Dwelling $197,117.15 Award - EMS/Mitigation $1,600.00 Award - Screen Enclosure $1,052.50 REPLACEMENT COST $199,769.65 Less Recoverable Depreciation $9,757.71 Less Paid When Incurred $0.00 Less Non Recoverable depreciation $0.00 ACTUAL CASH VALUE $190,011.94 Deductible $4,320.00 Policy Limit $216,000.00 Less Prior Payments $160,619.85 PAYMENT $25,072.09 COVERAGE C - PERSONAL PROPERTY Award - Personal Property $3,248.22 REPLACEMENT COST $3,248.22 Policy Limit $108,000.00 Less Prior Payment $3,248.22 PAYMENT $0.00 COVERAGE D - LOSS OF USE Non-Award - Loss of Use $17,120.00 Policy Limit $43,200.00 Less Damages Over Limit $0.00 Less Prior Payments $17,120.00 PAYMENT $0.00 TOTAL RECAP Total RCV and PWI - All Coverages $220,137.87 Less Recoverable Depreciation All Coverages $9,757.71 Less Non Recoverable Depreciation All Coverages $0.00 Less PWI All Coverages $0.00 Total ACV - All Coverages $210,380.16 Less Deductible $4,320.00 Less Prior Payments - All Coverages (including Direct Pay) $180,988.07 Less Amount Over Policy Limit $0.00 TOTAL PAYMENT $25,072.09 Please note the enclosed check is made payable to you and other parties to your loss. All payees listed must endorse the check before it can be cashed or deposited into your bank. If the payee information is incorrect, please contact me immediately. The estimate includes $9,757.71 in recoverable depreciation. As you have completed the repairs, please upload the proof of payments, such as truncated credit card statements, copies of executed checks (front/back), photos of the completed repairs etc. to the Frontline claim portal for review. Please submit these items through the web portal at www.frontlineinsurance.com (Main Menu > Upload Claim Documents) or email to appraisaldocs@flhi.com. SECTION I – CONDITIONS D. Loss Settlement. In Forms HO 00 03 and HO 00 06, the following paragraph is added at the beginning of D. Loss Settlement: We will settle covered property losses according to the following, unless otherwise stated in this policy. However, the valuation of any covered property losses does not include, and we will not pay, any amount for “diminution in value.” In this Condition D., the terms "cost to repair or replace" and "replacement cost" do not innclude the increased costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for these increased costs is provided in E.11. Ordinance Or Law under Section I - Property Coverages. Covered property losses are settled as follows: 1. Property of the following types: a. Personal property; b. Awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings; c. Structures that are not buildings; and d. Grave markers, including mausoleums; at actual cash value at the time of loss but not more than the amount required to repair or replace. In Forms HO 00 03: Paragraph 0 .2.a. is deleted and replaced by the following: a. If, at the time of loss, the amount of insurance in this policy on the damaged building is 80% or more of the full replacement cost of the building immediately before the loss, we will initially pay the actual cash value of the loss, less any applicable deductible. We will then pay any remaining amounts necessary to perform the actual repair or replacement as work is performed and expenses are incurred, but not more than the least of the following amounts: (1) The limit of liability under this policy that applies to the building; (2) The replacement cost of that part of the building damaged with material of like kind and quality and for like use; or (3) The necessary amount to repair or replace the damaged building. If a total loss of the dwelling occurs, the provisions of D.2.a. above do not apply and we will pay the full replacement cost without reservation or holdback of any depreciation in value. If the building is rebuilt at a new premises, the cost described in (2) above is limited to the cost which would have been incurred if the building had been built at the original premises. All repairs performed by repair person(s), contractors, or •assignees• shall not exceed the reasonable and necessary labor, materials, costs, or measures to repair the property, unless otherwise covered by the policy. d. We will pay no more than the actual cash value of the damage until actual repair or replacement is complete. Once actual repair or replacement is complete, we will settle the loss as noted in 2.a. and b. above. However, if the cost to repair or replace the damage is both: (1) Less than 5% of the amount of insurance in th is policy on the building; and (2) Less than $2,500; we will settle the loss as noted in 2.a. and b. above whether or not actual repair or replacement is complete. e. You may disregard the replacement cost loss settlement provisions and make claim under the is policy for loss to buildings on an actual cash value basis. You may then make claim for any additional liability according to the provisions of this Condition 0 . Loss Settlement, provided you notify us, within 180 days after the date of loss, of your intent to repair or replace the damaged building. A portion of your policy with Frontline provides for Loss of Use for the shortest time required to repair or replace the damage or, if you permanently relocate. The payments are limited to 24 consecutive months from the date of the covered loss. Accordingly, please refer to your HOMEOWNERS 3 SPECIAL FORM HO 00 03 05 11 as amended by the SPECIAL PROVISIONS – FLORIDA FIM 00 23 11 21, which provides in part: SECTION 1- PROPERTY COVERAGES D. COVERAGE D - Loss Of Use In Form HO 00 03: Item 1. is deleted and replaced by the following: 1. Additional Living Expenses If a loss covered under this Section makes that part of the ·residence premises· where you reside not fit to live in, we cover the Additional Living Expense, meaning any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living. Payment will be for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle elsewhere. In either event, the payment(s) will be limited to 24 consecutive months from the date of the covered loss. The policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. WE ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US. Frontline specifically reserves its right to assert any other applicable policy provisions, defenses, or exclusions in addition to those stated above; and any such applicable provisions, defenses or exclusions are hereby both asserted and affirmed. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (251) 665-8972. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” 2. Nature of the Complainant's Civil Remedy Complaint In the Civil Remedy Notice, the Complainant alleges Frontline violated: Section 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)(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. Section 626.9541(1)(i)(3)(a)—Failing to adopt and implement standards for the proper investigation of claims. Section 626.9541(1)(i)(3)(b)—Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. Section 626.9541(1)(i)(3)(h)— Failing to clearly explain the nature of the requested information and the reasons why such information is necessary. These accusations are unfair given the nature of the facts and damage surrounding this claim. Here, the claim was processed, the Insured’s property was inspected on multiple occasions, numerous requests for information were sent, Frontline came to a coverage determination to open coverage, made multiple payments, and ultimately agreed to pay the amount estimated by a neutral umpire on January 28, 2025. Moreover, the Complainant has failed to ask for a proper cure of their Civil Remedy Notice. Instead, they have asked for the following cure(s): (1) Act fairly and honestly towards Mead and with due regard for her interest in attempting to settle this claim; (2) Cease any further delay in the issuance of the Appraisal Award and, once issued, expeditiously pay the Appraisal Award in good faith; (3) Immediately tender all insurance monies due and owing to Mead with statutory interest; and (4) Pay Mead the fair value of her insurance claim. Frontline responds: (1) Frontline has acted fairly and honestly towards the Insured and with due regard for her interest in attempting to settle this claim by opening coverage, continuing to investigate the claim, and ultimately paying the award determined by the umpire. (2) Frontline has not delayed the process and as of the date of this response, the award has been paid in full by Frontline. (3) Frontline has paid the award in full. (4) The umpire determined the amount of covered damages, which Frontline has paid. Frontline would additionally state that the Complainant has failed to provide a proper "final cure" request in such that they failed to list the FINAL amount for all damages, and thus, the Insurer would be unable to cure the alleged violation. Moreover, Frontline would respond as follows: • Failure to provide a proper "cure" request. The requirement of a Civil Remedy Notice is intended to create a cure period that is "designed to encourage payment of the underlying claim and avoid unnecessary bad faith litigation." Talat Enterprises, Inc. v. Aetna Cas. and Sur. Co., 753 So. 2d 1278, 1282 (Fla. 2000). That purpose – of encouraging settlement – is thwarted if the notice does not outline specifically what is needed to achieve a settlement. The Insurer can "pay the damages" only if it knows the exact amount of damages claimed. Here, the Complainants blanket requests for payment (despite not listing an exact amount for attorney's fees) are not specifically enumerated enough to properly cure. And again, of an important note, both parties agreed to be bound by a neutral umpire who, since the filing of this Civil Remedy Notice, executed an award that Frontline has signed and paid in full on January 28, 2025. Umpire Award Paid As stated above, Frontline highlights the parties’ agreement to proceed with appraisal for this matter, which Frontline has complied with as of the date of this response. The umpire award, less the deductible and any monies previously paid by Frontline, was tendered on January 28, 2025. This relieves Frontline of any liability and is sufficient to render allegations within this Civil Remedy Notice as moot. Conclusion Frontline also asserts that there was no misconduct in the adjustment of the Insured’s claim. As can be seen from the above, Frontline has credible evidence to support its belief that the claim was properly adjusted. The claim was processed, the Insured’s property was inspected on multiple occasions, letters requesting documentation and information were sent (often without a response), and Frontline has continued its adjustment of the claim through the end and made a supplemental payment based on the appraisal award. Frontline has spent considerable time and resources in the investigation of this matter and believes that its efforts were made in good faith and based on the information available at the time of the claim. In turn, this Civil Remedy Notice unfairly characterizes the facts of the Insured’s claim and unfairly paints Frontline in a negative light. Moreover, the lack of documentation provided by the Insured/Complainant and their counsel during the pendency of this cure period (as well as the lack of specificity within the Civil Remedy Notice) has not given Frontline the ability to conclude its adjustment or “cure” the allegations contained herein above and beyond the payment of the umpire’s award. Sincerely, Lee Alhanti Lee Alhanti, Esq. On Behalf of First Protective Insurance Company
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