Filing Number: 800101
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| Filing Accepted: 1/8/2025 |
| Last/Business Name
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AZARELLI INVESTMENTS LLC
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First Name |
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| Street Address
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409 WEST BEREFORD AVENUE |
| City, State Zip
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DELAND,
FL
32720
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| Email Address
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STEVEN@PLG.LAWYER |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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AZARELLI INVESTMENTS LLC |
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First Name |
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| Policy # * |
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SPIN2H0003 |
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Claim #* |
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ARSH-00000584 |
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Attorney is Applicable
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| Last Name* |
HOFFMAN
First Name *
STEVEN
Initial
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| Street Address* |
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1790 HIGHWAY A1A, SUITE 209 |
| City, State Zip* |
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SATELLITE BEACH
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FL
32937
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| Email Address * |
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STEVEN@PLG.LAWYER |
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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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SPINNAKER 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 24376 |
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| Name of individual responsible for violation (if any):*
SPINNAKER INSURANCE COMPANY’S ADJUSTERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, AND/OR ENGINEERS AND CONTRACTORS WHO HANDLED THE CLAIM, SPECIFICALLY THE DESK ADJUSTER.
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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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Unfair Trade Practice
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Other
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Underpayment
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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)(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)(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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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 Policy language relevant to the violations includes all applicable loss payment, duties after loss, and coverage provisions of Policy Number SPIN2H0003, including the declarations page and all endorsements to the Policy.
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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.
Claim #ARSH-00000584; DOL: March 22, 2024
Azarelli Investments, LLC (“Insured”) is the owner of a property with a policy of insurance issued by Spinnaker Insurance Company (“Carrier”). The Insured’s property is located at 409 West Bereford Avenue, Deland, FL 32720 (the “Property”). On or about March 22, 2024, the subject property was vandalized. The vandalism caused extensive damage to the Property. The Insured timely reported an insurance claim for this damage to the Carrier and fully cooperated with all requests for inspection and information. Insured provided all requested documentation, if any, and complied with all post loss policy conditions reasonably and timely requested. The Insured obtained representation from a public adjuster and an estimate for repair of dwelling and contents for $37,818.54, deductible subtracted, with supporting documentation and photographs.
Upon reporting the loss, the Carrier assigned a field adjuster to inspect the Insured’s property. The field adjuster assigned was angry and unprofessional. He failed to inspect all of the damage and refused to allow anyone to give him an explanation of what areas of the property were damaged. Following said inspection, the field adjuster prepared an estimate totaling $27,175.26. The Carrier issued payment for the undisputed amount of the claim in the amount of $21,115.56, deductible, recoverable depreciation, and non-recoverable depreciation subtracted. This a gross underpayment for repair to a property that was substantially damaged. Further, since sending the undisputed payment, the Carrier has failed to respond to communications with Insured and Insured's representative.
Section 624.02, Florida Statutes, defines insurance as a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit based on determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that insureds may mitigate their damages and be put back into the position they were in prior to the loss as quickly as possible. The Carrier has breached this duty by refusing to properly and timely adjust the loss. The Carrier has more than enough information and is still refusing to accept full coverage for this claim. This continued and repeated reckless claim delay, unfair claim handling, failure to communicate, and failure to settle a claim in full that they should have, will result in a significant punitive damage award.
The Carrier can avoid a lawsuit for bad faith by immediately accepting full coverage under the subject insurance policy and by paying the Insured $16,702.98, deductible subtracted. Further, the Carrier should pay the interest accrued from notice of the claim until the date that the Carrier pays $16,702.98, per Section 627.70131 Florida Statutes.
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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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