Civil Remedy Notice of Insurer Violations
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Filing Number:     799736
Filing Accepted:  1/7/2025
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Complainant
Last/Business Name *  
PHILLIPS   First Name   CHRISTINA
Street Address * 2829 SW 119TH WAY
City, State Zip * MIRAMAR, FL 33025
Email Address * DAVID@BRILLRINALDI.COM
Complainant Type: * Insured
Insured
Last/Business Name*   PHILLIPS   First Name   CHRISTINA
Policy # * MN-0000036058-00 Claim #* HO0523419303
Attorney
Attorney is Applicable
Last Name* BRILL First Name * DAVID Initial W
Street Address* 17150 ROYAL PALM BLVD, SUITE 2
City, State Zip* WESTON , FL 33326
Email Address * DAVID@BRILLRINALDI.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   MONARCH NATIONAL INSURANCE COMPANY
NAIC Company Code 15715
 
Name of individual responsible for violation (if any):* TIMOTHY STANFORD
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
* 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

The insurance policy covered “occurrences” such as windstorm, water damage, mold damage, and financial limitations for such losses as indicated. According to terms and definitions within the policy, “Occurrence” is defined as “an accident, including continuous or repeated exposure to substantially the same general harmful condition, which results during the policy period.” According to terms and definitions within the policy, “Property Damage” means “physical injury to, destruction of, or loss of use of tangible property.” Coverage A-Dwelling covers the “dwelling on the “residence premises” shown in the Declarations… .” , Coverage C- Personal Property covers personal property owned by the insured owned or used by the insured. Coverage D-Loss of Use: 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 insured’s choice, “Additional Living Expense”, meaning “any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living… .” “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.”
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

The insurer has had ample time and sufficient information to make a timely and fair settlement offer under the circumstances. The insurer performed deficient and unprofessional inspections with an intent and/or outcome to undervalue the loss and/or to cause delays in the covered repair and remediation of the premises within the policy limits. The insurer never professionally adjusted the loss and that failure caused damage to Claimant's real and personal property, and caused or substantially contributed to Claimant's ill health, which grew in severity. The insurer failed to timely and fully tender benefits and payments under all of the coverage terms of the policy of insurance. The insurer did not use good faith or diligence in adjusting the claim. The insurer did not timely provide for fair and accurate valuation of all of the covered losses and did not provide the funds within policy limits to accomplish evaluation, valuation, and repair. The insurer tendered less than $2300 in total for all of the substantially greater losses in all coverages.
Comments
User Id Date Added Comment
tacham@hpmanaging.com 03-06-2025 March 6, 2025 Via E-mail & Posting on DFS Website David W. Brill, Esq. 17150 Royal Palm Blvd., Suite 2 Weston, Florida 33326 david@brillrinaldi.com RE: Complainant(s): Christina Phillips Insured(s): Christina Phillips and Jason Capers Claim No: HO0523419303 Policy No: MN-0000036058-00 DFS Filing Number: 799736 Acceptance Date: January 7, 2025 Insurer: Monarch National Insurance Company To Whom it May Concern: Please allow this correspondence to serve as Monarch National Insurance Company’s (“Monarch”) official response to the Civil Remedy Notice of Insurer Violations (“Notice”). Monarch maintains that it has not been in any violation of the law and that the Notice is defective on its face and fails to comply with the specificity requirements under Florida Statute 624.155. As such, Monarch objects to the Department’s acceptance of the above-referenced Notice. Monarch has acted in good faith and with due regard for the insureds’ interests, and denies each and every allegation contained in the Notice. Monarch denies any wrongdoing in the adjustment and handling of the above-referenced claim, and denies any and all allegations that it committed any acts or violated any Florida statutes or law. Monarch has acted in good faith and in accordance with the terms and provisions of the applicable policy of insurance as well as with the law. Please note that nothing herein should be deemed as a waiver by Monarch. Monarch hereby expressly reserves all rights without exception or limitation. If you require additional information, please contact me. Sincerely, /s/ Tyler Acham, Esq. Tyler Acham In-House Counsel Monarch National Insurance Company
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