Filing Number: 797768
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| Filing Accepted: 12/20/2024 |
| Last/Business Name
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LEMON TREE CONDOMINIUM ASSOCIATION OF ROTONDA WEST, INC.
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First Name |
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| Street Address
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87 BOUNDARY BLVD |
| City, State Zip
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ROTONDA WEST,
FL
33947
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| Email Address
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KERI.CALLAHAM@GMAIL.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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LEMON TREE CONDOMINIUM ASSOCIATION OF ROTONDA WEST, INC. |
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First Name |
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| Policy # * |
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CPS 7584507 |
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Claim #* |
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02106956 |
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Attorney is Applicable
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| Last Name* |
BOGGS
First Name *
AMY
Initial
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| Street Address* |
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4554 CENTRAL AVENUE, SUITE L |
| City, State Zip* |
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ST. PETERSBURG
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FL
33711
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| Email Address * |
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BOGGS-PLEADINGS@BOGGSLAWGROUP.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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SCOTTSDALE INSURANCE COMPANY
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| Insurer Name* |
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| Street Address* |
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| City, State Zip* |
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,
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NAIC Company Code 41297 |
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| Name of individual responsible for violation (if any):*
N/A
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| Type of Insurance
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Commercial Property & Casualty
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| Reason for Notice
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Claim Delay
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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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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| 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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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
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.
a. Building, meaning the building or structure
described in the Declarations
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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.
Lemon Tree Condominium Association of Rotonda West, Inc. (the “Insured”) owned real property located at: 87 Boundary Blvd, Rotonda West, FL 33947 (the “Property”). On or about September 28, 2022, the Property suffered extensive damage from Hurricane Ian. The Property was insured through Scottsdale Insurance Company (“Scottsdale”) under Policy No. CPS 7584507 (the “Policy”) at the time of the loss.
The Insured had ample coverage under the Policy to cover the loss. The Insured made a claim with Scottsdale, who assigned claim No. 02106956 and investigated the loss. Scottsdale accepted coverage for the loss but has failed and refused to pay the full amount due for the Insured’s covered loss. To date, Scottsdale has tendered $454,806.96 for the Insured’s covered loss.
The Insured retained their own licensed public adjuster, Strategic Claims Consultants, for assistance with the claim and to investigate the loss. The Insured’s damage is estimated by licensed Public Adjuster Sean Sanders, of Strategic Claims Consultants, at $949,627.60 ACV/ $1,007,856.36 RCV. Scottsdale has refused to pay the full amount due for the loss. The Insured’s damages are calculated as follows: $949,627.60 ACV for Building Coverage, less the deductible of $61,147.55, less prior payments for Building Coverage of $454,806.96, equals $433,673.09 ACV due for Building Coverage. This leaves a total of $433,673.09 ACV net benefits due.
The $433,673.09 disparity between the Insured’s damages, and Scottsdale’s payment of the Insured’s claim constitutes a bad faith effort by Scottsdale to avoid payment for the Insured’s covered loss. Scottsdale hopes that the Insured will settle their claim for far less than the full benefits they are owed under the Policy. In sum, Scottsdale has vastly underpaid the Insured’s claim and has refused to tender full benefits that the Insured is due for this covered loss under the Policy. In failing to make full payment of benefits due, Scottsdale has also failed to investigate and settle the claim in good faith, adjusted the claim without conducting a proper investigation, and misrepresented pertinent facts pertaining to the Policy coverage.
On information and belief, Scottsdale has engaged in the following behaviors with such frequency that the conduct is a pattern and practice of Scottsdale: delay, improper adjustment of claims, under-valuation of claims, and failure to communicate with insureds.
Scottsdale and the Insured were parties to a valid and binding contract of insurance. This contract of insurance requires Scottsdale to provide benefits to the Insured in the case of a covered loss to the Property. The Insured suffered a covered loss under the Policy and has otherwise suffered damage that is not excluded under the Policy. All conditions precedent to obtaining coverage for the loss have been complied with, met, or waived. Scottsdale has failed and refused to pay the full benefits due for the covered loss. The Insured has been damaged by Scottsdale’s breach of contract.
This notice is given to perfect the right to pursue the civil remedy authorized by Florida Statute, including all bad faith/extra-contractual and punitive damages, should Scottsdale fail to cure the violations set forth in this notice within the given cure period. To cure the defects outlined in this civil remedy notice Scottsdale must: (1) Provide full payment of benefits for the Insured’s claim; and (2) Tender interest for benefits due at the statutory rate dating back to reporting of the loss per Fla. Stat. §627.70131.
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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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