Civil Remedy Notice of Insurer Violations
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Filing Number:     794768
Filing Accepted:  12/2/2024
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Complainant
Last/Business Name *  
SAWH   First Name   CHRISTINA
Street Address * 1238 LAKE PIEDMONT CIR
City, State Zip * APOPKA, FL 32703
Email Address * BRANDON@STEWARTLEGALTEAM.COM
Complainant Type: * Insured
Insured
Last/Business Name*   FRONTLINE INSURANCE   First Name  
Policy # * 3597647695 Claim #* 01000117679
Attorney
Attorney is Applicable
Last Name* STEWART First Name * BRANDON Initial J
Street Address* P.O. BOX 947844
City, State Zip* MAITLAND , FL 32794
Email Address * BRANDON@STEWARTLEGALTEAM.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   FRONTLINE INSURANCE UNLIMITED COMPANY
NAIC Company Code 10074
 
Name of individual responsible for violation (if any):* NICHOLAS PALERMO
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Unsatisfactory Settlement Offer
Unfair Trade Practice
* Statutory provision(s) which the insurer allegedly violated.
 
624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
624.155(1)(b)(2) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made.
624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Your policy, HOMEOWNERS 3 – SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS – FLORIDA FIM 00 23 11 21 and LIMITED FUNGI, WET OR DRY ROT, OR BACTERIA COVERAGE FIM 00 13 06 21, states in relevant part:
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Date of Loss: September 9th, 2024 Notice of Civil Remedy Against Frontline Insurance for Wrongful Denial of Claim This Civil Remedy Notice ("Notice") is being filed in accordance with Section 624.155 of the Florida Statutes, concerning Frontline Insurance's denial of a claim made by the undersigned insured, Christina Sawh, for water damage sustained to her property. The claim was filed on September 26th, 2024, for water damage that occurred as a result of leaks from a broken drain line in the kitchen and master bedroom areas of the insured property. Facts of the Claim: On September 9th, 2024, Christina Sawh discovered significant water damage in the kitchen cabinets, master bedroom, bathroom, and closet areas of her home. The water intrusion caused substantial damage, leading to bacterial growth and the formation of mold throughout the affected areas. Christina made payment to a handyman to replace a garbage disposal, which was later shown to have been a symptom of the underlying leak. The claim for water damage was filed on September 26th, 2024, following the discovery of this damage. Frontline Insurance conducted an initial inspection of the property, and a second inspection was performed by an engineer employed by the insurer. The engineer removed the dishwasher and discovered that the drain line had multiple holes, which were the source of the water intrusion. Despite the clear evidence that the damage was caused by a sudden and accidental water loss, Frontline Insurance denied the claim, asserting that the damage was due to "continuous seepage of water" and that the holes in the hose were allegedly caused by rodents. Statutory Violations: Florida Statutes Section 627.70131 – Standards for Acknowledging and Responding to Claims: Frontline Insurance violated this statute by failing to timely acknowledge and act upon the claim in good faith. Upon receiving the claim on September 26th, 2024, Frontline Insurance had a duty to acknowledge the claim within 14 days and provide written notice of the decision to the insured. The insurer failed to do so within the statutory time frame, causing unnecessary delays. Florida Statutes Section 627.7014 – Loss Payment: Under Florida law, an insurer is required to pay valid claims for losses covered by the policy within 90 days of the date of loss, unless the insurer can provide a reasonable explanation for the delay. Frontline Insurance’s failure to pay for the damages or provide any reasonable explanation for its denial constitutes a violation of this statute. Florida Statutes Section 624.155 – Unfair Claims Settlement Practices: Frontline Insurance has engaged in unfair settlement practices by denying the claim without a proper investigation. The denial letter cites "continuous seepage of water" and blames the damage on rodent activity, both of which were not substantiated by the evidence presented. The insured’s claim is for sudden and accidental water damage, and the insurer’s refusal to honor it is in bad faith and inconsistent with the terms of the policy. Florida Statutes Section 627.155 – Bad Faith: Frontline Insurance has acted in bad faith by failing to honor the legitimate claim of the insured. The insurer’s denial, based on unsupported claims of rodent damage and “continuous seepage,” is an unreasonable and unjustified rejection of the claim. The evidence clearly shows that the water damage was a result of sudden and accidental discharge from the broken drain line, and the insurer’s actions suggest an intent to avoid paying the claim rather than investigating it fairly. Florida Statutes Section 627.702 – Coverage for Water Damage: Frontline Insurance has wrongfully denied coverage for water damage that is explicitly covered under the policy. The policy provides coverage for sudden and accidental water damage, which the insured’s loss clearly falls under. The insurer’s refusal to honor this coverage constitutes a breach of contract. Demand for Cure: In accordance with Florida Statutes Section 624.155, the undersigned insured demands that Frontline Insurance cure its wrongful denial of the claim. Specifically, the insurer must: Immediately approve and pay the claim in full, including any reasonable costs for repairs, replacement, and remediation of mold and water damage. Reimburse the insured for any costs incurred in the repair of the damage and the hiring of professionals to address the mold and bacterial contamination. Correct any erroneous statements made in the denial letter, particularly the claim that the damage was caused by rodents and continuous seepage. Provide the insured with a written explanation of the basis for any remaining dispute regarding the cause of loss. If Frontline Insurance fails to cure this violation within 60 days of the filing of this Civil Remedy Notice, the undersigned reserves the right to pursue any and all available legal remedies, including but not limited to a bad faith claim, breach of contract, and any claims for consequential damages. Conclusion: This Civil Remedy Notice serves as a formal notice of the wrongful denial of the claim for water damage sustained by Christina Sawh, in violation of the applicable Florida statutes governing insurance claims. The insured respectfully requests that Frontline Insurance remedy the violations described above to avoid further legal action.
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lalhanti@wallenkelley.com 01-24-2025 January 24, 2025 Florida Department of Financial Services Consumer Assistance/Civil Remedy Section Larson Bldg., 200 E. Gaines Street Tallahassee, Florida 32399-0322 Re: Complainant: Christina Sawh Address: 1238 Lake Piedmont Cir., Apopka, FL 32703 Email: Brandon@StewartLegalTeam.com Insured: Christina Sawh Policy #: 3597647695 Claim: 01000117679 Attorney: Brandon Stewart Address: P.O. Box 947844 Maitland, FL 32794 DOI File #: 794768 Date of Acceptance: December 2, 2024 To Whom It May Concern: Please accept this as the response of Frontline Insurance Unlimited Company ("Frontline") to the Civil Remedy Notice filed by the Complainant, Christina Sawh. Frontline’s response is specifically in regard to Claim 01000117679, which is related to a claim for Insured’s property located at 1238 Lake Piedmont Cir., Apopka, FL 32703, which was insured by Frontline under Policy #3597647695 with effective dates of that Policy being November 20, 2023 through November 20, 2024 and was in effect on the alleged date of loss, September 9, 2024. As a preliminary note, this Civil Remedy Notice fails on its face because it misnames the Insured—it names “Frontline Insurance” instead of Christina Sawh. Nevertheless, without waiving any rights to challenge the face of the Civil Remedy Notice, Frontline responds with the following. Statement of Facts This matter arises from an alleged broken drain line claim at the Insured’s Maitland, 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. 1. Claim: 01000117679 The instant claim was reported to Frontline on September 26, 2024, more than two weeks after the alleged date of loss, as an alleged result of a broken drain line with a date of loss of September 9, 2024. After receipt of the claim, the very same day, Frontline assigned a claim number, 01000117679, and sent an acknowledgment letter to the Insured. In addition, Frontline provided a Homeowners’ Bill of Rights to inform them of their 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. The acknowledge 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 … 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.” The next day, Frontline called the Insured. However, there was no answer. Nevertheless, Frontline left a message leaving call back information and the reason for the call—to discuss the claim. Two days later, having still not heard from the Insured, Frontline called the Public Adjuster. Again, there was no answer and a message was left. Later that day, the Public Adjuster answered when a second call was made. On the call, the public adjuster listed their assessment of the problems including a garbage disposal leak repair gone wrong, moisture damage, and potential mold/fungi growth at the property. On September 30, 2024, Frontline sent the Insured an email, pursuant to the policy, requesting the following documents: • Cause of Loss Documentation: Retain and provide evidence of the cause of loss and provide documentation as to the repair of the source of loss. • Photos/Videos: All photos and videos taken at the time of the loss and of the damage(s) being claimed. • Inspection: Our field adjuster will contact you to schedule an onsite inspection of the insured property. We asked that you attend the inspection. • Recorded Statement: We are requesting your recorded statement by phone and will contact you to schedule same. • Emergency Services Documents: Submit all documents related to reasonable emergency services, including but not limited to the signed contract, photos, dry logs, moisture readings, estimate and invoice. • Rebuild Estimates/Invoices: Submit all related estimates, invoices, contracts, Assignments of Benefits, work authorizations, photos and supporting documentation from all repair firms. • Home Inspection and Sellers’ Disclosure: Provide the pre-purchase home inspection report and seller’s disclosure pertaining to your 2020 purchase of the insured location. • Proof of Loss: Provide a Sworn Statement in Proof of Loss executed by all Insureds on the policy. Thereafter, Frontline retained the services of a licensed Field Adjuster, Aaron Fry, to inspect the property and assess the damages being claimed. Frontline’s Field Adjuster inspected the property on October 8, 2024. During that inspection, the Field Adjuster observed the entire house, specifically the kitchen and the main bedroom, which shares a wall with the kitchen. 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 it to Frontline. Following the Field Adjuster’s inspection, which raised doubts as to the cause of the loss as well as the Insured’s compliance with post-loss obligations, Frontline sent a reservation of rights letter to the Insured. The letter stated: “We received your claim on September 26, 2024 for water damage to the kitchen cabinet and wall from a garbage disposal leak with a reported fate of loss of September 9, 2024. At the time of our initial discussion with your public adjuster, we were advised the garbage disposal leaked causing damage to the kitchen sink base cabinet and the adjoining master bedroom and master closet. We are issuing this reservation of rights letter to go because there is a question as to where Frontline is obligated to indemnify you under the policy for the reported loss. Frontline will evaluate every claim which is reported to us and make payment for those losses which are covered under your policy number 3597467695, with effective dates of November 20, 2023 to November 20, 2024; however, we must inform you that based on our preliminary evaluation, we have identified issues that may restrict, limit, or exclude coverage, and we will be continuing our evaluation under a Reservation of Rights. Failure to comply with the following “Duties After Loss” may have jeopardized, or may result in prejudice to, Frontline’s evaluation of this claim: • It is questionable whether you gave immediate notice of the loss to us or our agent as the claim was reported 17 days after the reported date of loss. • It is questionable whether you protected the insure property from further damage. • It is questionable whether you have shown us the damaged property and the cause of loss and the condition it was in at the time of loss. In addition, the following policy exclusions may apply to the loss based on the facts provided to Frontline thus far: • It is questionable whether the loss was caused by repeated seepage or leakage of water or the presence or condensation of humidity, moisture or vapor, that occurs or develops over a period of time, whether hidden or not. • It is questionable whether the loss was caused by wear and tear, marring, deterioration. • It is questionable whether the loss was caused by settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings.” The letter then cited to portions of the policy stating” “Your policy, HOMEOWNERS 3 – SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS – FLORIDA FIM 00 23 11 21, states in relevant part: SECTION I - PERILS INSURED AGAINST Paragraph A.1 . 1in Form HO 00 03 is deleted and replaced by the following: 1. We insure for sudden and accidental direct physical :loss to covered property described in Coverages A and B unless the loss is otherwise excluded or limited in this policy. However, loss does not include, and we will not pay for, any "diminution in value." 2. We do not insure, however, for loss: a. Excluded under Section I - Exclusions; c. Caused by: Paragraph 2.c.(5) is deleted and replaced by the following: (5) Repeated seepage or leakage of water or the presence or condensation of humidity, moisture, or vapor, that occurs or develops over a period of time, whether hidden or not. In the event this exclusion applies, we will not pay for any damages sustained starting from the first day and instant the repeated seepage or leakage of water or steam, or the presence or condensation of humidity, moisture, or vapor began. (6) Any of the following: (a) Wear and tear, marring, deterioration; (f) Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings; SECTION I - EXCLUSIONS A. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 12. Repeated seepage or leakage of water or steam, or the presence or condensation of humidity moisture or vapor that occurs or develops over a period of time, whether hidden or not. In the event this exclusion applies, we will not pay for any damages sustained starting from the first day and instant the repeated seepage or leakage of water or steam, or the presence or condensation ,of humidity, moisture, or vapor began. 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. 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. 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.” The letter continues to remind the Insured of the documents requested in the Request for Information letter and states: “For the reasons set forth above, and for any other good and valid reasons which may become known during our evaluation of this claim, you are notified that any action taken by Frontline or its authorized representatives to evaluate the claim 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 defenses in addition to those stated above, but specifically reserves its right to assert such additional policy defenses at any time. Please provide the requested information through the web portal at www.frontlineinsurance.com. Should you have any questions or concerns, please feel free to contact me Monday to Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (877) 744-5224 ext. 5207. If I am not available when you call, please leave me a detailed message, and I will return you call as soon as possible.” On October 29, 2024, Frontline requested, via email, the Insured’s utility bills from the past 12 months. After a review of the materials provided to Frontline thus far, including the field adjuster’s report, Frontline determined that it would be necessary to send an engineer to perform an inspection of the property. As a result, Frontline retained an engineer from a licensed engineering firm, Keystone, to inspect the property on October 31, 2024. The inspection occurred as planned by licensed engineer James McInerney, P.E. The Insured was present at the inspection. The engineer took photographs of the property, spoke to the Insured, and assessed and noted the alleged damages and possible causes. After performing additional steps of inquiry, she completed and submitted a report to Frontline on November 6, 2024. Highlights from the report include: Owner interview revealed: • They had owned the residence since November 2020 • She was running the dishwasher when she observed a leak at the dishwasher drain line, which connected to the side of the garbage disposal unit beneath the sink. • She had the garbage disposal unit replaced on September 18, 2024 • When she used the dishwasher again, she still observed a leak when it was in operation. • She had stopped using the dishwasher at that time. • After that, she discovered moisture intrusion in the kitchen cabinets, wall, pantry, and the adjacent master closet and master bedroom. Site observation revealed: • The closed hose spigot at the right side of the house exhibited an active leak. • The lower wall finishes in the master closet and master bedroom had been removed. The kitchen was opposite the master bed/closet • The hot water heater and AC air handler unit were in the garage. • The garbage disposal unit had been replaced. The dishwasher drain line connected to the garbage disposal unit and exited through the left cabinet panel. • The rear and bottom cabinet panels beneath the kitchen sink exhibited stains, swelling, and cracks. • The wall and flooring behind the dishwasher exhibited stains and deterioration. There was a hole in the dishwasher drain line. • There were holes in the flexible plastic and rubber connection component of the dishwasher drain line and linear gouges in the connection. • The bottom plate of the walls behind the kitchen sink and dishwasher showed stains, deterioration, and rust on the wood and metal. • In the wall cavity of the master bathroom, there were stains and suspected fungal growth on the inside face of the drywall. • There was moisture on the concrete floor slab inside the wall shared by the kitchen and master bathroom after the dishwasher test. • The kitchen tiles were approximately 18 inches square. The tiles in the kitchen and master bathroom were sounded and some edge tiles had deboned areas. • Stains on the wood framing and drywall separating the kitchen and master closet were visible from the attic space. On November 1, 2024, Frontline emailed the Insured requesting a recorded statement. During same, she stated she lives at the property full-time on her own. She noticed a leak on the kitchen floor, and thought it was the garbage disposal. She then paid a handyman to replace the disposal. She stated on September 18, 2024, she used the dishwasher and found the leak was not corrected and was actually occurring when the dishwasher is running. The Insured also stated she went to her neighbor across the street who is a contractor, who put her in touch with Public Adjuster, Ernesto. Ernesto evaluated the property on September 26, 2024 and she then filed the claim. She stated mitigation began in a week or so but couldn't specify. She also stated no further repairs had been made and the dishwasher was not being used. Finally, she explained mitigation had been put on pause as there was containment going on due to mold in the closet area. On November 13, 2024, after a phone call with the Insured, Frontline sent the Insured a letter denying coverage for her claim and specifically advising that: “Frontline evaluated the claim you reported on September 26, 2024 for a garbage disposal leak in the kitchen causing damage to cabinets, master closet, and master bathroom. As part of that evaluation, Frontline inspected the insured location on October 11, 2024 and October 31, 2024. The inspection revealed the damage to your kitchen cabinets, kitchen walls, waster bedroom closet, and master bathroom are a result of repeated leakage over a period of multiple months, which was caused by rodent damage to the dishwasher drain line. Additionally, the deboned floor tiles were the result of improper installation. Your Homeowners Policy does not provide for repeated seepage or leakage of water, or damage caused by rodents or vermin. Additionally, your policy only provides for fungi, rot or bacteria when it is caused by a peril insured against. As such, based upon the terms and conditions of your insurance policy, Frontline must respectfully deny your claim. The letter then attached language from the policy stating: “SECTION I - PROPERTY COVERAGES ADDITIONAL COVERAGES The following Additional Coverage 13. is added: 13. Fungi Wet Or Dry Rot Or Bacteria b. The coverage described in 13.a. only applies when such loss or costs are a result of a Peril Insured Against that occurs during the policy period and only if all reasonable means were used to save and preserve the property from further damage at and after the time the Peril lnsured Against occurred. SECTION I - PERILS INSURED AGAINST Paragraph A.1 . 1in Form HO 00 03 is deleted and replaced by the following: 1. We insure for sudden and accidental direct physical loss to covered property described in Coverages A and B unless the loss is otherwise excluded or limited in this policy. However, loss does not include, and we will not pay for, any "diminution in value." 2. We do not insure, however, for loss: a. Excluded under Section I - Exclusions; c. Caused by: Paragraph 2.c.(5) is deleted and replaced by the following: (5) Repeated seepage or leakage of water or the presence or condensation of humidity, moisture, or vapor, that occurs or develops over a period of time, whether hidden or not. In the event this exclusion applies, we will not pay for any damages sustained starting from the first day and instant the repeated seepage or leakage of water or steam, or the presence or condensation of humidity, moisture, or vapor began. (6) Any of the follow,ing: (a) Wear and tear, marring, deterioration Paragraph 2.c. (6)(g) is deleted and replaced by the following: (g) Birds, rodents, insects, "vermin," amphibians, or reptiles; (h) Nesting or infestation, or discharge or release of waste products or secretions, by any animals; or SECTION 1- EXCLUSIONS A. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 12. Repeated seepage or leakage of water or steam, or the presence or condensation of humidity moisture or vapor that occurs or develops over a period of time, whether hidden or not. In the event this exclusion applies, we will not pay for any damages sustained starting from the first day and instant the repeated seepage or leakage of water or steam, or the presence or condensation of humidity, moisture, or vapor began. B. We do not insure for loss to property described in Coverages A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered. 3. Faulty, inadequate or defective: a. Planning, zoning development surveying siting; b. Design, specifications, workmanship, repair construction renovation remodeling, grading, compaction; c. Materials used in repair, construction, renovation or remodeling; or d. Maintenance; of part or all of any property whether on or off the "residence premises". SECT1ION 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 ot (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 begins the earlier of when we are given access to inspect the loss or when we fail to appear at a scheduled loss inspection. 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. 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 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; (6) Specifications of damage to the dwelling and other structures, including; (a) Detailed desc11iptions 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; The duties above apply regardless of whether you, an "insured" seeking coverage, or a representative of either retains or 1is assisted by a party who provides legal advice, insurance advice or expert claim advice, regarding an insurance claim under this Policy.” The Insured filed this Civil Remedy Notice on December 2, 2024. 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. Section 624.155(1)(b)(2)— Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made. Section 624.155(1)(b)(3)— Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage. However, in the body of it’s CRN, the Complainant goes further and states: “Statutory Violations: Florida Statutes Section 627.70131 – Standards for Acknowledging and Responding to Claims: Frontline Insurance violated this statute by failing to timely acknowledge and act upon the claim in good faith. Upon receiving the claim on September 26th, 2024, Frontline Insurance had a duty to acknowledge the claim within 14 days and provide written notice of the decision to the Insured. The Insurer failed to do so within the statutory time frame, causing unnecessary delays. Florida Statutes Section 627.7014 – Loss Payment: Under Florida law, an insurer is required to pay valid claims for losses covered by the policy within 90 days of the date of loss, unless the insurer can provide a reasonable explanation for the delay. Frontline Insurance’s failure to pay for the damages or provide any reasonable explanation for its denial constitutes a violation of this statute. Florida Statutes Section 624.155 – Unfair Claims Settlement Practices: Frontline Insurance has engaged in unfair settlement practices by denying the claim without a proper investigation. The denial letter cites "continuous seepage of water" and blames the damage on rodent activity, both of which were not substantiated by the evidence presented. The Insured’s claim is for sudden and accidental water damage, and the insurer’s refusal to honor it is in bad faith and inconsistent with the terms of the policy. Florida Statutes Section 627.155 – Bad Faith: Frontline Insurance has acted in bad faith by failing to honor the legitimate claim of the Insured. The insurer’s denial, based on unsupported claims of rodent damage and “continuous seepage,” is an unreasonable and unjustified rejection of the claim. The evidence clearly shows that the water damage was a result of sudden and accidental discharge from the broken drain line, and the insurer’s actions suggest an intent to avoid paying the claim rather than investigating it fairly. Florida Statutes Section 627.702 – Coverage for Water Damage: Frontline Insurance has wrongfully denied coverage for water damage that is explicitly covered under the policy. The policy provides coverage for sudden and accidental water damage, which the Insured’s loss clearly falls under. The insurer’s refusal to honor this coverage constitutes a breach of contract.” 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, and Frontline received virtually nothing in response to same that would assist it in coming to a coverage determination. 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) Immediately approve and pay the claim in full, including any reasonable costs for repairs, replacement, and remediation of mold and water damage. (2) Reimburse the Insured for any costs incurred in the repair of the damage and the hiring of professionals to address the mold and bacterial contamination. (3) Correct any erroneous statements made in the denial letter, particularly the claim that the damage was caused by rodents and continuous seepage. (4) Provide the Insured with a written explanation of the basis for any remaining dispute regarding the cause of loss. In response, Frontline would first 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. Second, Frontline would respond that it has stated, with exact policy language, that there is no coverage for the repair of mold or bacteria when the cause of the mold or bacteria is a peril not insured against. And here, the mold/bacteria were caused by a peril not insured against. Third, Frontline’s response is that it made no erroneous statements in the denial letter. Frontline retained multiple, professional experts, all of which agree that the alleged damages were caused by rodents and continuous seepage, as opposed to a one time, catalyst event. Fourth, Frontline would response with this letter. To be noted, Frontline has sent the Insured numerous written communications explaining the basis for all disputes. Nevertheless, to the extent necessary, Frontline explains its responses again here. It should also be noted that the Complainant’s Civil Remedy Notice is deficient in the following aspects: • The Civil Remedy Notice lists the wrong Insured, it lists Frontline Insurance. • It lists the wrong carrier, Frontline Insurance Unlimited Company. • Failure to list a specific policy provision that was violated by Frontline. • Section 624.155(3)(b)(4), Florida Statutes, requires the Civil Remedy Notice to reference specific policy language that is relevant to the violation, if any. If the person bringing the civil action is a third-party claimant, she or he shall not be required to reference the specific policy language if the authorized Insurer has not provided a copy of the policy to the third-party claimant pursuant to written request. The Complainant is not a third-party claimant; therefore, the Purported Notice must include specific language from the subject policy that is relevant to the alleged violations. It does not. Thus, the Purported Notice is invalid for noncompliance with Section 624.155(3)(b)(4), Florida Statutes. • 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. Settlement Notwithstanding the foregoing, the parties have agreed to settlement terms, and pending an executed release, the civil remedy notice is hereby moot. By making this pre-suit settlement offer, Frontline does not waive any rights under the policy or law, and nothing in this letter shall constitute a waiver of any right or an admission of any obligation under the policy. Nor shall any conduct of Frontline or its agents, attorneys, or employees be construed as an estoppel, waiver, modification, or surrender of the terms, limitations, exclusions, conditions, or agreements of the insurance policy. As such, Frontline reserves all its rights and defenses under the policy and Florida law, as well as the right to investigate, review, and evaluate any properly stated dispute in the event Frontline receives a statutorily compliant notice of intent or new or additional information. Conclusion And again, of important note, this Civil Remedy Notice fails on its face because it misnames both the Insured—it names “Frontline Insurance” instead of Christina Sawh—and the Insurer—it names Frontline Insurance Unlimited Company instead of First Protective Insurance Company. Nevertheless, as stated above the Civil Remedy Notice is moot due to settlement. 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 (without a response), and Frontline has continued its adjustment of the claim. Furthermore, Frontline believes that the Complainant's position is untenable due to the facts surrounding the claim (namely that he is not a named insured). 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. Sincerely, Lee Alhanti, Esq. On Behalf of First Protective Insurance Company and Frontline Insurance Unlimited Company
brandon@stewartlegalteam.com 01-23-2025 Civil Remedy Notice Withdrawal Complainant: Christina Sawh 1238 Lake Piedmont Cir Apopka, FL 32703 Email: brandon@stewartlegalteam.com Insured: Frontline Insurance Policy #: 3597647695 Claim #: 01000117679 Attorney: Brandon J. Stewart P.O. Box 947844 Maitland, FL 32794 Email: brandon@stewartlegalteam.com Insurer: Frontline Insurance Unlimited Company NAIC Company Code: 10074 Responsible Individual: Nicholas Palermo Date: January 23, 2025 Subject: Withdrawal of Civil Remedy Notice Dear Sir/Madam, I, Christina Sawh, as the complainant and insured under Policy #3597647695 with Frontline Insurance Unlimited Company, hereby withdraw the Civil Remedy Notice (CRN) filed in connection with Claim #01000117679. Upon further review and discussions, it has been determined that the issues outlined in the original CRN have been addressed and resolved to the satisfaction of the parties involved. Therefore, I request the withdrawal of the Civil Remedy Notice filed with the Florida Department of Financial Services. Kindly confirm the withdrawal of the notice at your earliest convenience. Thank you for your attention to this matter. Sincerely, Christina Sawh Complainant and Insured cc: Frontline Insurance Unlimited Company cc: Brandon J. Stewart, Esq.
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