Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 799649

Filing Accepted: 1/7/2025

Print Filing

Complainant

Last/Business Name *

WASP

First Name

ANTOINETTE

Street Address *

19709 LONG LAKE RANCH BLVD.

City, State Zip *

LUTZ, FL 33558

Email Address *

TONIWASP@GMAIL.COM

Complainant Type: *

Insured

Last/Business Name*		WASP		First Name		ANTOINETTE
Policy # *		000988906965		Claim #*		0772044186

Attorney

Attorney is Applicable

Last Name*	STOCKHAM First Name * DONNA Initial
Street Address*		109 S. EDISON AVENUE
City, State Zip*		TAMPA , FL 33606
Email Address *		DSTOCKHAM@STOCKHAMLAWGROUP.COM

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		CASTLE KEY INDEMNITY COMPANY
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 10835

Name of individual responsible for violation (if any):* IMANI GILMORE
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Unsatisfactory Settlement Offer
	Claim Delay
	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)(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.
	626.9541(1)(i)(3)(a)		Failing to adopt and implement standards for the proper investigation of claims.

* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

All Risk Coverage provision SECTION I – PERILS INSURED AGAINST COVERAGE A – DWELLING and COVERAGE B – OTHER STRUCTURES We insure against risk of direct loss to property described in Coverages A and B only if that loss is a physical loss to property… Loss Settlement provision Loss Settlement. Covered property losses are settled as follows: … b. Buildings under Coverage A or B at replacement cost without deduction for depreciation… Loss Payment provision 10. Loss Payment. We will adjust all losses with you. We will pay you unless some other person is named in the policy or is legally entitled to receive payment.

* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

In Florida, the work of adjusting insurance claims engages the public trust. Castle Key Indemnity Company (“Castle Key”) has breached the public’s trust by its adjustment of Antoinette Wasp’s (“Insured”) claim of loss. Castle Key’s mailing address is 3100 Sanders Road, Suite 201, Northbrook, IL 60062-7154. Castle Key has failed to create and implement adequate guidelines for the proper investigation and evaluation of claims, claims handling, and for training and supervision of employees resulting in statutory violations as set forth above. Castle Key has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the Insured’s insurance claim for damages. Castle Key has failed to promptly settle the Insured’s insurance claim when the obligation to settle the insurance claim had become reasonably clear. To date, notwithstanding the Insured’s pleas otherwise, Castle Key has continued to refuse to acknowledge its obligation to conduct a proper investigation, and to tender the full amount of insurance monies due and owing its Insured under the policy. Stockham Law Group, P.A., has been retained to represent Antoinette Wasp regarding the above-referenced claim for damages arising out of Hurricane Milton. On or around November 6, 2024, Castle Key prepared an estimate of Ms. Wasp’s Hurricane Milton damages. The estimate includes roof repair/replacement and very limited interior repairs. The total actual cash value (ACV) value of Castle Key’s estimate is $18,179.99 under Coverage A, and $882.89 O&L. There were a number of items of exterior damage that Castle Key denied, as well as the majority of the interior damages and Castle Key has not made any payment for mold. Ms. Wasp retained FL Claims Consulting (FCC) to assess her damage. FCC prepared an estimate of the damages Castle Key has accepted but underpaid. That estimate totals $36,173.62 RCV (Cov. A) $33,154.12 ACV - Cov. A, and $3,576.83 (RCV), $3,475.45 (ACV) (O&L). As to those items that were storm-damaged but not included in Castle Key’s estimate, FCC has separately estimated those dwelling damages at $47,946.09 (RCV), and $43,603.01 (ACV). Mold damage is estimated at $6,981.77 plus $750.00 for mold testing. Ms. Wasp’s remaining damages are as follows: RCV FCC Est Cov. A $84,119.71 FCC O&L $3,576.83 FCC Mold $6,981.77 Mold Test $750.00 $95,428.31 Less Prior Payment $8,203.99 Less Ded $9,976.00 $77,248.32 ACV FCC Est $76,757.13 FCC O&L $3,475.45 FCC Mold $6,981.77 Mold Test $750.00 $87,964.35 Less Prior Payment $8,203.99 Less Ded $9,976.00 $69,784.36 The concept of insurance is that the insurer will investigate and grant timely and prompt indemnity or security against a contingent loss. 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 in that definition is the fact that payment must be made timely and promptly so that the Insured may mitigate her damages and be put back into the position she was in prior to the loss as quickly as possible. Castle Key has breached this duty. The Insured was, and still is, forced to expend out of pocket monies to submit her insurance claim, e.g., retaining an attorney and other experts to force Castle Key to honor its obligations under the insurance policy and to pay all the insurance proceeds due and owing to her. Castle Key has refused and/or failed to tender all the insurance proceeds due and owing to the Insured. Castle Key’s refusal and/or failure to settle the insurance claim when under all circumstances it could have and should have done so had it acted fairly and honestly towards the Insured is wrongful conduct. Furthermore, the Insured contends that Castle Key’s adjusters and/or representatives financially benefit from such wrongful conduct. In Florida, the work of adjusting insurance claims engages the public trust. During the adjustment of the Insured’s claim, the Insurance Company breached this duty by failing to adhere to and comply with the above referenced obligations. To cure the defects outlined above, the Insurer must promptly tender all insurance proceeds due and owing to the Insured that would reasonably place the Insured back into her pre-loss condition, including the tender of accrued interest due and owing to the Insured. This notice is given in order to perfect the right to pursue the civil remedy authorized by Fla. Stat. §624.155.

Comments

User Id		Date Added		Comment
mcassida@stockhamlawgroup.com		02-27-2025		The matter has been amicably resolved by the parties. Accordingly, this CRN is WITHDRAWN.

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. 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.

DFS-10-363
Rev. 10/14/2008