Filing Number: 796840
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| Filing Accepted: 12/13/2024 |
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SHIELDS II
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First Name |
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DONALD |
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11902 FIELD THISTLE CT |
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RIVERVIEW,
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33579
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RNIPPS@WOOLSEYMORCOM.COM |
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Insured |
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SHIELDS II |
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First Name |
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DONALD |
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FLA426563 |
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Claim #* |
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1431080-241001 |
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Attorney is Applicable
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| Last Name* |
NIPPS
First Name *
ROBERT
Initial
L
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203 FORT WADE RD. SUITE 260 |
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PONTE VEDRA
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FL
32081
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RNIPPS@WOOLSEYMORCOM.COM |
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| Insurer Type
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 Authorized Insurer
 Unauthorized Insurer
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| Insurer Name |
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| Insurer Name* |
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AMERICAN STRATEGIC INSURANCE CORP.
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NAIC Company Code 10872 |
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| Name of individual responsible for violation (if any):*
CHERILYN RENICK FL. ADJ. #E080575
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| Type of Insurance
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Residential Property & Casualty
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| Reason for Notice
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Claim Delay
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Other
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Wrongful claim denial
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Unfair Trade Practice
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Other
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Unfair claim settlement practices
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Other
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Unreasonable investigation
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Other
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Failure to act on claim
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Other
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Failure to conduct a reasonable investigation based on available information
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Other
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Failure to maintain proper complaint handling procedures
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Other
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Misrepresenting the insurance policy provisions to the insured
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Other
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Misrepresenting Florida statutory provisions to the insured
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Other
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Misrepresenting facts to the insured
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Other
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Failure to acknowledge and act promptly upon communications with respect to claims
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Other
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Denying claims without conducting reasonable investigations based upon available information
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Other
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Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dolla
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Other
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Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the i
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Other
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Failing to promptly notify the insured of any additional information necessary for the processing of
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Other
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Failing to clearly explain the nature of the requested information and the reasons why such informat
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Other
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Failing to pay undisputed amounts of partial or full benefits owed under first-party property insura
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Statutory provision(s) which the insurer allegedly violated.
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| 624.155(1)(b)(1) |
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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.
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| 624.155(1)(b)(3) |
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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.
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| 626.9541(1)(i)(2) |
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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.
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| 626.9541(1)(i)(3)(a) |
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Failing to adopt and implement standards for the proper investigation of claims.
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| 626.9541(1)(i)(3)(b) |
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Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
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| 626.9541(1)(i)(3)(c) |
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Failing to acknowledge and act promptly upon communications with respect to claims.
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| 626.9541(1)(i)(3)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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| 626.9541(1)(i)(3)(e) |
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Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed.
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| 626.9541(1)(i)(3)(f) |
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Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
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| 626.9541(1)(i)(3)(g) |
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Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
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| 626.9541(1)(i)(3)(h) |
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Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
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| 626.9541(1)(i)(4) |
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Failing to pay undisputed amounts of partial or full benefits owed under first-party property insurance policies within 60 days after an insurer receives notice of a residential property insurance claim, determines the amounts of partial or full benefits, and agrees to coverage, unless payment of the undisputed benefits is prevented by factors beyond the control of the insurer as defined in s. 627.70131(5).
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
SECTION I – PERILS INSURED AGAINST
Coverage A – Dwelling Protection And Coverage B – Other Structures
We insure for sudden and accidental direct loss to property described in Coverages A and B only if that loss is a physical loss to covered property.
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Coverage C – Personal Property Protection
We insure against risk of direct loss to property described in Coverage C caused by a peril listed below unless the loss is excluded in SECTION I – EXCLUSIONS.
1. Fire or lightning.
2. Windstorm or hail
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Coverage D – Loss Of Use
The limit of liability for Coverage D is the total limit for all the coverages that follow.
1. If a loss covered under this Section makes that part of the "residence premises" where you reside not fit to live in, we cover, at your choice, either of the following. However, if the "residence premises" is not your principal place of residence, we will not provide the option under paragraph b. below.
a. Additional Living Expense, meaning any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living; or
b. Fair Rental Value, meaning the fair rental value of that part of the "residence premises" where you reside less any expenses that do not continue while the premises is not fit to live in.
Payment under a. or b. 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.
2. If a loss under this Section makes that part of the “residence premises” rented to others or held for rental by you not fit to live in, we cover the:
Fair Rental Value, meaning the fair rental value of that part of the "residence premises" rented to others or held for rental by you less any expenses that do not continue while the premises is not fit to live in.
Payment will be for the shortest time required to repair or replace that part of the premises rented or held for rental.
3. If a civil authority prohibits you from use of the “residence premises” as a result of direct damage to neighboring premises by a Peril Insured Against in this policy, we cover the Additional Living Expense and Fair Rental Value loss as provided un-der 1. and 2. above for no more than two weeks.
The periods of time under 1., 2. and 3. above are not limited by expiration of this policy.
We do not cover loss or expense due to cancellation of a lease or agreement.
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ADDITIONAL COVERAGES
1. Debris Removal a. We will pay your reasonable expense for the removal of: a. Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or b. Ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a building.
This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged property, an additional 5% of that limit of liability is available for debris removal expense.
We will also pay your reasonable expense, up to $500, for the removal from the "residence premises" of: a. Your tree(s) felled by the peril of Windstorm or Hail; b. Your tree(s) felled by the peril of Weight of Ice, Snow or Sleet; or c. A neighbor's tree(s) felled by a Peril Insured Against under Coverage C;
provided the tree(s) damages a covered structure. The $500 limit is the most we will pay in any one loss regardless of the number of fallen trees.
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2. Reasonable Repairs. In the event that covered property is damaged by an applicable Peril Insured Against, we will pay the reasonable cost incurred by you for necessary measures taken solely to protect against further damage. If the measures taken involve repair to other damaged property, we will pay for those measures only if that property is covered under this policy and the damage to that property is caused by an applicable Peril Insured Against.
This coverage: a. Does not increase the limit of liability that applies to the covered property; b.
Does not relieve you of your duties, in case of a loss to covered property, as set forth in SECTION I – CONDITION 2.d.
3. Trees, Shrubs and Other Plants. We cover trees, shrubs, plants or lawns, on the "residence premises," for loss caused by the following Perils Insured Against: Fire or lightning, Explosion, Riot or civil commotion, Aircraft, Vehicles not owned or operated by a resident of the "residence premises," Vandalism or malicious mischief or Theft. We will pay up to 5% of the limit of liability that ap-plies to the dwelling for all trees, shrubs, plants or lawns. No more than $500 of this limit will be avail-able for any one tree, shrub or plant. We do not cover property grown for "business" purposes. This coverage is additional insurance.
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SECTION I – EXCLUSIONS
1. 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.
a. Ordinance or Law, meaning enforcement of any ordinance or law regulating the construction, repair, or demolition of a building or other structure, unless specifically provided under this policy.
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11. “Fungi”, Mold, Wet or Dry Rot, or Bacteria
a. We will pay up to the amount stated in the Declarations for Limit of Liability for “Fungi” Coverage for: (1) The total of all loss payable under Section I – Property Coverages caused by or resulting directly or indirectly from “fungi”, mold, wet or dry rot, or bacteria; (2) The cost to remove “fungi”, mold, wet or dry rot, or bacteria from property covered under Section I – Property Coverages. (3) The cost to tear out and replace any part of the building or other covered property as needed to gain access to the “fungi”, mold, wet or dry rot, or bacteria; and (4) The cost of testing of air or property to confirm the absence, presence or level of “fungi”, mold, wet or dry rot, or bacteria whether performed prior to, during or after removal, repair, restoration or replacement. The cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of “fungi”, mold, wet or dry rot, or bacteria.
b. The coverage described in 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 Insured Against occurred.
c. The Each Covered Loss amount shown in the Schedule for this coverage is the most we will pay for the total of all loss or costs payable under this Additional Coverage resulting from any one covered loss; and
The Policy Aggregate amount shown in the Schedule for this coverage is the most we will pay for the total of all loss or costs payable under this Additional Coverage for all covered losses, regardless of the number of locations insured under this endorsement or number of claims-made.
d. If there is a covered loss or damage to covered property not caused in whole or in part, by “fungi”, mold, wet or dry rot, or bacteria, loss payment will not be limited by the terms of this Additional Coverage, except to the extent that “fungi”, mold, wet or dry rot, or bacteria causes an increase in the loss. Any such increase in the loss will be subject to the terms of this Additional Coverage.
This coverage does not increase the limit of liability applying to the damaged covered property.
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Also refer to:
Coverage A provision, coverage B provision, coverage C provision, coverage D provision, all additional coverages provisions, all coverages provided by endorsement or rider, the declarations page, loss payment or settlement provision, duties in event of loss policy provision, all terms and conditions of section I of the insurance policy, the insurance policy definitions section, the insurance policy‘s exclusion of coverage provisions, all insurance policy provisions that provide coverage to the insured property, and all policy provisions.
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Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
Progressive Home Claims (“Progressive”) has committed the following in handling the insured’s claim: 1) failure to pay benefits owed; 2) failure to act in due diligence and good faith to resolve claims; 3) placing the financial interest of the insurer before that of the policy holder and claimant; 4) failure to properly train, evaluate, and manage adjusters retained to represent the policies and procedures of Progressive; 5) looking for ways to delay benefit payments and otherwise “low ball” or “stone wall” claims; 6) looking for ways to deny the insured’s claim; 7) looking for ways to reduce recovery to the insured; 8) failure to perform a reasonable investigation; 9) misrepresenting Florida statutory provisions to its insured; 10) misrepresenting insurance policy provisions to the insured; 11) Progressive has failed and refused to acknowledge coverage and promptly pay the benefits due and owed to the insured; 12) the reasons for this may be attributed to improper training, supervision, and/or motivation of outside adjusters and claims supervisors to promptly and fairly adjust and pay full benefits available to the insured. The insurer may have failed to adopt proper standards of investigation and adjustment of losses or is otherwise not implementing those standards because a proper investigation and full and prompt payment for the loss is not occurring.
In Florida, the work of adjusting insurance claims engages the public trust. Progressive has breached this duty by its adjustment of the insureds’ claim of loss. Progressive has failed to create and implement adequate guidelines for proper investigation to evaluate claims handling and for training and supervision of employees resulting in violations as set forth above. Progressive has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the insureds’ insurance claim for damages. Despite the insureds’ timely notification to Progressive of the insurance claim, Progressive has failed and refused to acknowledge the covered loss and pay all amounts due and owing to the insured under the policy of insurance. Progressive has failed to promptly settle the insureds’ insurance claim, when the obligation to settle the claim had become reasonably clear, under one portion of the insurance, in order to influence settlements under other portions of the insurance policy coverage. Despite the insureds’ pleas otherwise, Progressive has failed and refused to acknowledge its obligation to tender all insurance proceed monies due and owing the insured or assist the insured in mitigation of the damages.
In exchange for a premium paid by the insured, Progressive issued the subject insurance policy which provided coverage for the insured property from October 30, 2023 to October 30, 2024, for “sudden and accidental direct loss to property described in Coverages A and B only if that loss is a physical loss to covered property.” As such, the subject all-risk Policy contains coverage for all direct physical losses to the insured property unless the loss is specifically and unambiguously excluded from coverage by the Policy. On or about October 9, 2024, the insured property suffered a hurricane loss, and the insured immediately submitted a claim to Progressive for property damage, i.e., storm, wind, and hurricane damage to the roof system. Hence, the Insureds suffered a substantial loss regarding the real property and continue to suffer such loss. Having suffered such substantial damage, the insured promptly notified Progressive of the loss in an effort to mitigate the current damage and prevent the exacerbation of any additional losses. The desired result did not follow. Progressive, since being presented the Insured’s claim, has misrepresented policy provisions to avoid paying the insured what they are owed under the policy. Ultimately, Progressive has failed and refused to properly settle the Insured’s claim in good faith. The Insured has requested that Progressive conduct an investigation, admit coverage, and pay damages; Progressive has failed and refused to do so. In short, Progressive has failed to handle its Insured’s claim in good faith in violation of Fla. Stat. 624.155(1)(b)(1), 624.155(1)(b)(3), and 626.9541(1)(i).
Based upon Progressive’s investigation and property inspection, which confirmed windstorm damages, Progressive’s adjuster nevertheless sent correspondence to the Insured dated November 25, 2024, (signed by Progressive’s claims adjuster, Cherilyn Renick (Fl. Adj. #E080575) confirming partial coverage at an amount below the Insured’s deductible, denying the remainder, and failing and refusing to issue full payment. In regard to insurance contracts, a specific refusal to pay a claim is the breach which triggers the cause of action. Allstate Ins. Co. v. Kaklamanos, 843 So. 2d 885, 892 (Fla. 2003); Donovan v. AIIC Fire and Cas. Co., 574 So. 2d 285, 286 (Fla. 2nd DCA 1991) (finding that a breach of contract takes place at the moment the insurance company refuses to pay a claim). Therefore, Progressive breached the Policy. Moreover, Progressive’s argued exclusions and/or limitations to coverage are devoid of anti-concurrent causation language. Thus, “coverage may exist where an insured risk constitutes a concurrent cause of the loss even when it is not the prime or efficient cause.” Sebo v. Am. Home Assurance Co., Inc., 208 So. 3d 694, 699 (Fla. 2016). In addition, under the Policy, any ensuing loss to property not excluded or excepted in this policy is covered. Hence, there are a myriad of coverages under the Policy that would provide coverage for the loss. Nevertheless, Progressive failed and refused to acknowledge the full extent of covered loss and pay all amounts due and owing for the loss. Therefore, Progressive breached the Policy.
Questioning the propriety of Progressive’s partial coverage denial, and given the extensive nature of the physical damage, the Insured retained a loss consultant, Coastal Claims Services LLC (“Coastal”), to perform an investigation and damage evaluation in accordance with industry standards and Florida law. Based on its investigation, Coastal determined that a hurricane on or about September 26, 2024, caused damage to the exterior and interior of the insured property. Moreover, Coastal determined that at least $29,997.18 worth of repairs would be required to return the property to its pre-loss condition as a result of the hurricane loss. Nevertheless, Progressive failed and refused to acknowledge the full extent of the covered loss and pay all amounts due and owing under the Policy. Therefore, Progressive breached the Policy through its continued failure to acknowledge the covered loss and pay all amounts due and owing under the Policy.
As such, Progressive’s coverage determination is a blatant misrepresentation of the available coverages under the Policy in direct violation of Fla. Stats. 626.9541(1)(a)(1), 626.9541(1)(i)(3)(b), 626.9541(1)(a)(1), and 626.9541(1)(i)(2) and is nothing more than a mere pretext to wrongfully delay this claim. As a result, Progressive has materially misrepresented the coverages under the subject policy to the Insured for the purpose and with the intent of effecting settlement of the Insured’s claim on less favorable terms than those provided in, and contemplated by, the subject policy in direct violation of Fla. Stat. § 626.9541(1)(i)(2). Further, Progressive is in violation of Florida statutes §§ 626.9541(1)(a)(1), 626.9541(1)(i)(3)(b), and 626.9541(1)(a)(1) by misrepresenting pertinent facts and insurance policy provisions relating to coverages at issue; and also in violation of Fla. Stat. 626.9541(1)(i)(3)(d) by refusing to cover the full loss of the Insured’s claim without conducting a reasonable investigation based upon available information.
In summary, the Insured’s loss is clearly covered by the terms of the policy of insurance with Progressive. However, Progressive chose to open coverage for the Insured’s loss, but only for a mere fraction of the actual damage sustained by the insured property. To date, Progressive continues to deny the Insureds full indemnity for the claim. While Progressive refuses to honor this claim, a jury in Hillsborough County will likely do what Progressive has refused; exercise the benefit of doubt in favor of the Insureds in finding full coverage for this loss. Indeed, the Insured will undoubtedly meet the burden of proof at trial, under the Progressive all-risk policy, to show that, while Progressive provided insurance coverage, damage occurred to the insured property. See Jones v. Federated Nat'l Ins. Co., 235 So. 3d 936, 942 (Fla. 4th DCA 2018). With the data presented within Progressive’s investigation and Coastal Claim’s investigation, Progressive’s burden to demonstrate by the greater weight of the evidence that all the physical damage to the insured property was caused solely by excluded perils under the policy and not in combination with a covered peril has not and cannot be met. See Sebo v. Am. Home Assurance Co., Inc., 208 So. 3d 694 (Fla. 2016). Despite clear indicators of covered damage, Progressive nevertheless refused to provide coverage for the total loss of the Insureds’ claim.
As of today, Progressive has failed and refused to inform the Insured of his rights under the policy of insurance and Florida statutes, has improperly delayed the Insured’s claim, has wrongfully underpaid the Insured’s claim, and has failed and refused to adequately indemnify the Insureds for the loss and defiantly continues to do so. Indeed, from the time of receiving the claim, Progressive has purposely and maliciously delayed in adjusting the subject claim in an effort to either avoid paying the claim altogether or, at the very least, avoid paying the full extent of the loss. Notably, under Florida law, “[t]he filing of a lawsuit does not extinguish the insurer’s obligations under the policy to adjust and pay the claim.” Tristar Lodging, Inc. V. Arch Specialty Ins. Co., 434 F. Supp. 2d 1286, 1289 (M.D. Fla. 2006).
To date, the Insured has made a good faith effort to comply with all of the requirements under the subject policy of insurance, and it is only fair that Progressive do the same. Yet, that is not the case. The Insured feels that the insured property is a valuable asset, and, by continuously delaying the proper handling of this claim, Progressive is putting the insured property at risk. As a responsible property owner, the Insureds purchased insurance to protect the property, paid all of the premiums, and have kept up to date with the responsibilities under the policy. Yet, when the Insured needed to rely on the insurance because of this unforeseen loss, Progressive turned its back and delayed coverage that the Insured is rightfully owed.
Ultimately, Progressive has failed and refused to properly investigate the loss. The Insureds have requested that Progressive admit coverage, which it has, but refuses to fully indemnify the Insureds for the loss and pay the amounts necessary to properly repair the Insureds’ property, despite knowing it is required to do so. In short, Progressive has failed to handle its Insureds’ claim in good faith.
In Florida, the work of adjusting insurance claims engages the public trust; Progressive has breached this duty by its insufficient adjustment of the Insureds’ claim. Progressive has failed to create and implement adequate guidelines for proper investigation to evaluate claims handling and for training and supervision of employees resulting in statutory violations set forth above. Progressive has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the Insureds’ insurance claim for damages.
Florida statute § 624.02 defines insurance as a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that the insured may mitigate their damages to put them back into the position they were prior to loss as quickly as possible. Progressive breached this duty.
The actions taken by Progressive in the handling / adjustment of the Insured’s claim were willful, wanton, and with complete disregard for the rights of its insured and occur with such a frequency as to indicate a general business practice and are in violation of Fla. Stat. 624.155 and 626.9541.
Progressive’s actions amount to but are not limited to the following:
1. Claim delay
2. Wrongful claim denial
3. Unfair trade practice
4. Unfair claim settlement practices
5. Unreasonable investigation
6. Failure to act on claim
7. Failure to conduct a reasonable investigation based on available information
8. Failure to maintain proper complaint handling procedures
9. Misrepresenting the insurance policy provisions to the insured
10. Misrepresenting Florida statutory provisions to the insured
11. Misrepresenting facts to the insured
12. Failure to acknowledge and act promptly upon communications with respect to claims
13. Denying claims without conducting reasonable investigations based upon available information
14. Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed.
15. Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
16. Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
17. Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
18. Failing to pay undisputed amounts of partial or full benefits owed under first-party property insurance policies within 90 days after an insurer receives notice of a residential property insurance claim, determines the amounts of partial or full benefits, and agrees to coverage, unless payment of the undisputed benefits is prevented by an act of God, prevented by the impossibility of performance, or due to actions by the insured or claimant that constitute fraud, lack of cooperation, or intentional misrepresentation regarding the claim for which benefits are owed.
Therefore, to cure the defects outlined in this civil remedy notice, Progressive must:
(1): Admit full coverage for the insured’s loss;
(2): Tender all insurance monies due and owing to the insured for the loss under the subject Policy;
A copy of this form submitted to the FDFS has been emailed and/or uploaded and also printed out and mailed to the following parties providing them notice of the filing of this civil remedy notice:
Progressive Home Claims
P.O. Box 5009
Antioch, TN 37011-5009
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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.
Before submitting a Notice using this system, please verify that all text has been entered
correctly and completely. Once the Notice has been submitted, the text cannot be changed
or deleted.
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DFS-10-363
Rev. 10/14/2008
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