Civil Remedy Notice of Insurer Violations
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Filing Number:     798800
Filing Accepted:  1/2/2025
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Complainant
Last/Business Name *  
SANEEL HOSPITALITY INC. DBA BEACH FRONT MOTEL   First Name  
Street Address * 873 1ST ST.
City, State Zip * CEDAR KEY, FL 32625
Email Address * BEACHFRONT873@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   SANEEL HOSPITALITY INC. DBA BEACH FRONT MOTEL   First Name  
Policy # * 09 1152235884 01 Claim #* FNII -1-24-0004626
Attorney
Attorney is Applicable
Last Name* DICKEY First Name * ERIC Initial W
Street Address* 1715 WEST CLEVELAND STREET
City, State Zip* TAMPA , FL 33606
Email Address * ERIC@WILLIAMSPA.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   WRIGHT NATIONAL FLOOD INSURANCE COMPANY
NAIC Company Code 11523
 
Name of individual responsible for violation (if any):* ALL ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY WRIGHT NATIONAL FLOOD INSURANCE COMPANY IN THIS CLAIM.
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Delay
Unfair Trade Practice
Other : Failure to Properly Investigate Claim and with Due Regard to Insured's Interest
Other : Failure to Pay the Claim in Full
* 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.

RELEVANT POLICY LANGUAGE The specific policy language that is believed to be relevant to the violations includes, but is not limited to, the following: See Subject Policy: Wright National Flood Insurance Company Policy No.: 09 1152235884 01 loss payment provision, policy definitions, and policy exclusions section.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Insured's Address: 873 1st St., Cedar Key, FL 32625 Insurer’s Address: 801 94th Avenue N., Ste 110, St. Petersburg, FL 33702 This complaint is made on behalf of Saneel Hospitality Inc. dba Beach Front Motel (“Insured”) and against Wright National Flood Insurance Company. In consideration of the premium paid to it by the Insured, Wright National Flood Insurance Company issued to the Insured an insurance policy, Policy No.: 09 1152235884 01 (the “Policy”). On or about September 26, 2024, while the Policy was in full force and effect, the Insured suffered a hurricane loss to the property located at 873 1st St., Cedar Key, FL 32625. On October 10, 2024 the Insured’s attorney submitted a letter of representation to Wright National Flood Insurance Company. On November 13, 2024 Wright National Flood Insurance Company improperly had direct contact with the represented Insured, which the Insured communicated to attorney’s office. On November 14, 2024 Wright National Flood Insurance Company was reminded via email correspondence from the Insured’s attorney that the Insured was represented. On November 14, 2024 Wright National Flood Insurance Company responded stating the letter of representation submitted by the Insured’s attorney was non-compliant. On November 19, 2024 the Insured’s attorney requested clarification as to what was non-compliant. There was no response to the attorney request from Wright National Flood Insurance Company. On November 19, 2024 and in an abundance of caution, the Insured’s attorney provided Wright National Flood Insurance Company an amended letter of representation that is compliant with FEMA bulletin W-18012, Section III. On December 14, 2024 Wright National Flood Insurance Company once again sent an email correspondence to the attorney that the letter of representation was non-compliant and to re-submit. On December 16, 2024 and December 18, 2024 the attorney again requested what was non-compliant via both email correspondence and phone call messages all of which have been ignored. Wright National Flood Insurance Company refuses to recognize a proper letter of representation on this claim, in a form and manner in which Wright National Flood Insurance Company has previously accepted. Therefore, to cure the defects outlined in this Civil Remedy Notice, Wright National Flood Insurance Company must recognize representation of counsel, communicate with said counsel, issue a coverage determination, and pay the Insured's claim in full.
Comments
User Id Date Added Comment
Compliance@weareflood.com 01-08-2025 Wright National Flood Insurance Company (“Wright”) is a Write-Your-Own (“WYO”) Program insurance carrier participating in the United States Government’s National Flood Insurance Program pursuant to the National Flood Insurance Act of 1968, as amended 42 U.S.C. § 4001, et seq. Wright, while acting in its capacity as a WYO Program carrier, issued Standard Flood Insurance Policy (“SFIP”) Number 09 1152235884 01, General Property Form, to Saneel Hospitality Inc DBA Beach Front Motel as the named insured for the property located at 873 1st St. Bldg 1, Cedar Key, FL 32625-5035. As a WYO Program insurance carrier, Wright must abide by FEMA’s rules and regulations. We refer you to FEMA’s NFIP Claims Manual (June 2023) which provides the following: Policyholder Representatives: NFIP insurers may not disclose a policyholders’ information to a policyholder’s representative or allow a representative to act on behalf of a policyholder without obtaining a letter of representation signed by all policyholders named on the policy. At minimum, a letter of representation must include: • Policyholder’s full name; • Policyholder's current address; • Policyholder’s date and place of birth; • Name of third-party representative; and • Statement from policyholder authorizing the authorized representative to act on their behalf and for the insurer to release records to the representative. The policyholder’s signature must either be notarized or submitted with the following statement prescribed by 28 U.S.C. § 1746): I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature) At this time, Wright has not received a letter of representation that complies with FEMA’s requirements for Policyholder Representatives noted above as the letter must include the birthdate and birthplace of the person signing the letter on behalf of the Saneel Hospitality Inc. As such, Wright is precluded from communications with any person(s) other than the named insured. In the meantime, Wright continues to work with the named insured to adjust the flood claim. The SFIP is a federal regulation, see 44 C.F.R. Pt. 61, App. A(2). The SFIP, Art. X provides: X. WHAT LAW GOVERNS This policy and all disputes arising from the insurer’s policy issuance, policy administration, or the handling of any claim under the policy are governed exclusively by the flood insurance regulations issued by FEMA, the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4001, et seq.), and Federal common law. F.S.A. § 624.155, et seq, has no application to a dispute with Wright because of the handling of a claim under the SFIP. Any requirements imposed on Wright pursuant to F.S.A. § 624.155, et seq. are preempted by federal law. See Shuford v. Fidelity Nat. Prop. & Cas. Ins. Co., 508 F.3d 1337, 1343 – 44 (11th Cir. 2007)(“Federal regulations have same preemptive effect as federal statutes.”). Furthermore, pursuant to the SFIP and applicable authorities, any action filed against Wright alleging a breach of the SFIP must be filed in the United States District Court of the district in which the insured property was located at the time of loss.
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