Civil Remedy Notice of Insurer Violations
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Filing Number:     795667
Filing Accepted:  12/6/2024
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Complainant
Last/Business Name *  
COMMODORE CLUB CONDOMINIUM ASSOCIATION OF BURNT STORE MARINA, INC.   First Name  
Street Address * 1-5 PIRATES LANE
City, State Zip * PUNTA GORDA, FL 33955
Email Address * SKURIAN@BECKERLAWYERS.COM
Complainant Type: * Insured
Insured
Last/Business Name*   COMMODORE CLUB CONDOMINIUM ASSOCIATION OF BURNT STORE MARINA, INC.   First Name  
Policy # * HCP00508 Claim #* H105719
Attorney
Attorney is Applicable
Last Name* KURIAN First Name * SANJAY Initial
Street Address* 12140 CARISSA COMMERCE COURT #200,
City, State Zip* FORT MYERS , FL 33966
Email Address * SKURIAN@BECKERLAWYERS.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY
NAIC Company Code 14407
 
Name of individual responsible for violation (if any):* N/A
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
* 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

CONDOMINIUM ASSOCIATION COVERAGE FORM A. Coverage We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. 1. Covered Property Covered Property, as used in this Coverage Part, means the type of property described in the section, A.1., and limited in A.2. Property Not Covered, it a Limit of Insurance is shown in the Declarations for that type of Property. a. Building, meaning the building or structure described in the Declarations, including: (1) Completed additions; (2) Fixtures, outside of individual units, including outdoor fixtures; (3) Permanently installed: (a) Machinery; and (b) Equipment; . . . (6) Any of the following types of property contained within a unit, regardless of ownership, if your Condominium Association Agreement requires you to insure it: (a) Fixtures, improvements and alterations that are a part of the building or structure; and (b) Appliances, such as those used for refrigerating, ventilating, cooking, dishwashing, laundering, security or housekeeping. But Building does not include personal property owned by, used by or in the care, custody or control of a unit-owner except for personal property listed in Paragraph A.1.a.(6) above. . . . E. Loss Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions. … 3. Duties In The Event Of Loss Or Damage a. You must see that the following are done in the event of loss or damage to Covered Property: … (2) Give us prompt notice of the loss or damage. Include a description of the property involved. (3) As soon as possible, give us a description of how, when and where the loss or damage occurred. (4) Take all reasonable steps to protect the Covered Property from further damage, and keep a record of your expenses necessary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. However, we will not pay for any subsequent loss or damage resulting from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for examination. (5) At our request, give us complete inventories of the damaged and undamaged property. Include quantities, costs, values and amount of loss claimed. (6) As often as may be reasonably required, permit us to inspect the property proving the loss or damage and examine your books and records. Also, permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records. (7) Send us a signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. (8) Cooperate with us in the investigation or settlement of the claim. … 4. Loss Payment a. In the event of loss or damage covered by this Coverage Form, at our option, we will either: (1) Pay the value of lost or damaged property; (2) Pay the cost of repairing or replacing the lost or damaged property, subject to b. below; (3) Take all or any part of the property at an agreed or appraised value; or (4) Repair, rebuild or replace the property with other property of like kind and quality, subject to b. below. We will determine the value of lost or damaged property, or the cost of its repair or replacement, in accordance with the applicable terms of the Valuation Condition in this Coverage Form or any applicable provision which amends or supersedes the Valuation Condition
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Commodore Club Condominium (“Condominium”) is located in Punta Gorda, Florida. The Condominium is comprised of eight (8) residential buildings totaling ninety-six (96) units, a clubhouse, carports, and common element amenities. Commodore Club Condominium Association of Burnt Store Marina, Inc. (“Association”) is a not-for-profit Florida corporation organized and existing pursuant to Chapter 617, Florida Statutes, to provide a corporate entity, pursuant to Section 718.111, Florida Statutes, for the operation of the Condominium. The Condominium property was insured under policy number HCP005508 by Heritage Property & Casualty Insurance Company (foregoing carrier and its employees, agents, adjustors, and representatives collectively referred to as the “Insurer”). On September 28, 2022, Hurricane Ian made landfall in Punta Gorda, Florida, causing extensive damage to the Condominium, including damage to, but not limited to, the roof system, windows, doors, building exteriors, fascia, soffits, landscaping, and unit interiors (the “Loss”). Within days of the hurricane, the Association’s management company reported the Loss to the Insurer (the “Claim”). The Association also proactively retained Triton Renovation, Inc. (“Trition”) to perform an immediate assessment of damages, which involved Triton taking and recording hundreds of photos and videos of the post-storm conditions of the Condominium. As a result of the widespread damage and in order to prevent further loss, the Association authorized Triton to perform necessary mitigation and temporary repair work to the Condominium. Following submission of the Claim, the Insurer made several requests for documents, which the Association fully complied with. In fact, the Association, through Triton, produced over one thousand pages of restoration estimates detailing the Loss in addition to the aforementioned photos and videos. The Insurer did not inspect the Condominium until November 2022 and was represented solely by a field adjuster. Despite the extensive damages claimed, the Insurer did not send a contractor, engineer, or other professional consultant to the property to assess the Loss. The Insurer has not made any other requests to inspect the property since the Claim was submitted. On January, 13, 2023, the Insurer sent the Association a Notice of Examination Under Oath, therein requesting documents that had already been produced and setting the EUO for March 9, 2023. In response, the Association again fully complied with the document request and agreed to participate in the EUO. However, following receipt of the Association’s documents and on the day of the EUO, the Insurer advised the Association’s counsel that it had sufficient information and documentation, that an EUO was no longer necessary, and proceeded to cancel the EUO. A first Civil Remedy Notice pursuant to 624.155 was filed with the Department of Financial Services on or about March 29th, 2023 for claim delay specifically alleging Insurer had violated Fla. Stat. §624.155(1)(b)(1); §624.155(1)(b)(3); 626.155(1)(i)(3)(a); and §626.9541(1)(i)(3)(c). The Insurer did respond to the notice and evaluate the claim further. On or about May 3rd, 2023 Insurer respond to the notice and provided Association a Statement of Loss, Loss Letter, and Building estimates in a letter for an amount of $4,193,153 before considering recoverable, non-recoverable, and deductible amounts. Heritage mailed a net amount check for $3,123,617.58 related to the claim. The Actual Cash value damages was evaluated at $3,811,054.59. After this portion of the claim was resolved, on January 1, 2024 Triton submitted a supplement to Insurer with an updated claim showing a total claim supplemental claim of $631,106.52. On or about, May 16, 2024 correspondence from Insurer’s assigned Senior Commercial Litigation Examiner was received. The representative stated that the claim had been satisfied in whole and that the additional money requested in the supplement would not be paid. After revising the original amount requested in the supplement, correspondence was sent to Insurer on September 9, 2024 reducing the labor provided in the January 1, 2024 supplement requesting $367,283.90 and submitted proof of the same. In addition, the prior payment letter indicated a recoverable depreciation of $265,715.45 was never provided in the original payment. The supplemental request and recoverable depreciation remain unpaid despite proof being provided to insurer that these amounts are payable under the policy. As of the date of this filing, now over twenty-seven months since Hurricane Ian, the Insurer has failed to pay the supplemental and recoverable depreciation amounts necessary to make the Association whole, has undervalued the claim, and has failed to act diligently in performing its investigation of the supplement. The insurer can cure the above-described deficiencies by paying the remaining amount included in the Association’s updated supplemental request and the recoverable depreciation within 60 days of receipt of this Notice.
Comments
User Id Date Added Comment
ncarlisle@heritagepci.com 01-27-2025 January 27, 2025 VIA Certified Mail: 1 Florida Department of Financial Services Consumer Assistance, c/o: Civil Remedy Section Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0322 VIA Certified Mail: E-mail Correspondence: Skurian@beckerlawyers.com Commodore Club Condominium Association of Burnt Store Marina, Inc. c/o Sanjay Kurian, Esq. Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court, Suite 200 Fort Myers, FL 33966 Re: CIVIL REMEDY NOTICE OF INSURER VIOLATIONS Complainant : Commodore Club Condominium Association of Burnt Store Marina, Inc. Policy Number : HCP005508 Claim Number : H105719 Date of Loss (as claimed) : September 28, 2022 Loss Location(s) : 1-6 Pirates Lane, 1590 Islamorada Blvd, 1600 Islamorada Blvd, and the Clubhouse Punta Gorda, Florida 33955 DFS Filing Number : 795667 Date of DFS Acceptance : December 6, 2024 Dear Sir or Madam, This correspondence constitutes Heritage’s response to the Civil Remedy Notice (“CRN”) of Insurer Violation filed by Mr. Sanjay Kurian, Esq., on behalf of Complainant, regarding the claim listed above. We represent Heritage Property & Casualty Insurance Company (“Heritage”) regarding the claim presented by Commodore Club Condominium Association of Burnt Store Marina, Inc. (“Complainant”) for alleged damages sustained to the subject property on or about September 28, 2022, the subject claim of this CRN. While Heritage welcomes the opportunity to respond to this Civil Remedy Notice of Insurer Violation, Heritage specifically denies each and every allegation contained in the CRN filed in relation to this claim. Heritage believes that the CRN should be rejected and returned by the Department of Financial Services (“DFS”) as it fails to comply with the specific information requirements for a Civil Remedy Notice of Insurer Violation document provisions as set forth in Florida Statute §624.155 and Florida Case law. Florida Statute §624.155(3)(b)(2), requires the Complainant to “describe the facts and circumstances giving rise to the insurer’s violation”, to enable the insurer to investigate and resolve the claim. Contrary to the requirement set forth in the statute, this CRN contains overbroad and incorrect allegations, which stem only from the Complainant’s opinions regarding the value of its own claim, and therefore, the Complainant’s opinions regarding Heritage’s adjustment of this claim. Moreover, Florida Statute §624.155(3)(b)(4) requires Complainant to refer to specific policy language that is relevant to the alleged violation, if any. Complainant’s CRN has not only failed to identify the specific policy provisions, but it is also void of factual basis for such alleged violations. Additionally, the tenor and inferences of the allegations in the Notice are without merit. Contrary to the allegations made in the CRN, Heritage actively investigated the Complainant’s damages since the claim was filed. Notwithstanding the foregoing, and without waiving any denial of the allegations contained within the Notice, Heritage asserts that on March 22, 2024, a detailed Request for Information was provided to Complainant, requesting material information related to the case including, but not limited to: (1) All code enforcement documents which required replacement windows to be impact ready and not like kind and quality of what was damaged, (2) All code enforcement documents for increased insulation amount than what was installed, (3) All invoices received from Triton construction and paid to date, (4) Provide any and all documentation provided by the restoration or remediation company, and (5) All signed and used bid documents for the repairs/invoices from the bidder upon the completion of the work performed. To date, some of this information has not been made readily available to Heritage despite the aforementioned request(s). Furthermore, and without waiving any denial of the allegations contained within the Notice, Heritage asserts that on May 3, 2023, Heritage provided the Complainant with a detailed statement of loss that included the payment breakdown for the buildings, as well as a coverage determination letter for an amount of $4,193,153.00, before considering recoverable, non-recoverable, and deductible amounts. Additionally, Heritage mailed a separate check in the net amount of $3,123,617.58, to the Complainant's address at 1535 Rio de Janeiro Avenue, Punta Gorda, Florida, 33958, which covered payment of damages included in the policy. Thereafter on July 21, 2024, Heritage provided the Complainant with a detailed statement of loss that included the payment breakdown for any and all incurred recoverable depreciation check in the amount of $1,005,978.47, which was sent to the Complainant’s address at 1535 Rio de Janeiro Avenue, Punta Gorda, Florida 33958, which covered payment of the applicable recoverable depreciation at that time based on the subject Policy. We trust that this response addresses the allegations of insurer violation alleged in the Civil Remedy Notice of Insurer Violation. Should you have any questions regarding this matter or need anything further, please do not hesitate to contact the undersigned. Sincerely, /s/ Aleisha D. Hodo Aleisha D. Hodo, Esq. Sr. Staff Counsel Heritage Property & Casualty Insurance Co. cc: Sanjay Kurian, Esquire via email skurian@beckerlawyers.com CRN Response
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