Civil Remedy Notice of Insurer Violations
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Filing Number:     800168
Filing Accepted:  1/9/2025
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Complainant
Last/Business Name *  
AUGUSTIN   First Name   ELNASE
Street Address * 1340 AMADOR AVE NW
City, State Zip * PALM BAY, FL 32907
Email Address * ILNA.AUGUSTIN28@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   AUGUSTIN   First Name   ELNASE
Policy # * 08942946-2 Claim #* 202406000916
Attorney
Attorney is Applicable
Last Name* STRUBLE First Name * MATTHEW Initial
Street Address* 325 FIFTH AVENUE, SUITE 103
City, State Zip* INDIALANTIC , FLORIDA 32903
Email Address * SERVICE@STRUBLECOHEN.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   SLIDE INSURANCE COMPANY
NAIC Company Code 17227
 
Name of individual responsible for violation (if any):* AND ALL ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY SLIDE INSURANCE COMPANY RELATED TO THIS CLAIM.
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
* 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.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

There are no policy provision specifically at issue or in dispute, the policy provides coverage resulting from Water but Slide Insurance Company has failed to extend coverage for repairs needed for the insured property.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Insurer issued an insurance policy bearing policy number 08942946 with effective dates of coverage from January 19, 2024 to January 19, 2025 , which insured the property located at 1340 Amador Ave NW, Palm Bay, Florida 32907. The policy was in effect when the property sustained damage on or about June 1, 2024, when damage was caused by Water. Slide Insurance Company (“Insurer”) received notice of the claim for property damage resulting from Water, and related damages on or about June 1, 2024. The damage was reported to Insurer which assigned Claim Number 202406000916 to the claim and investigated the claim. Insurer failed to retain the experts needed to perform the inspection and needed to address the damage at issue and determine the repairs needed to restore the property. Insurer has been provided with documents establishing that the claim is covered, despite this being apparent from the condition of the property alone. Insurer has failed to extend coverage for payments owed and has refused to attempt to settle the claim with its insured. Insurer’s delay in issuing payment is causing and will cause the insured to sustain extra-contractual damages not covered by the property, including loss of use and enjoyment of the property and related damages, costs associated with hiring adjusters and experts, among other damages and these uninsured damages would not have occurred but for the insurer ’s failure to timely issue payments owed. In this claim and as a business practice, insurer fails to retain experts needed to investigate claims, ignores evidence establishing coverage and avoids covered repairs to attempt to avoid issuing payments owed pursuant to the insurance policy. Insurer can cure these violations by attempting to settle the claim in good faith and issuing payment for the remaining contractual damages owed. As Insurer is aware, issuing payment for contractual damages owed will preclude recovery of extra-contractual damages already incurred, and that will be incurred, and the contractual damages should immediately be paid and be paid within 60 days from the date of this notice. Due to applicable Florida Statutes, and the insurance policy’s payment provisions, the payment issued should also include interest. If insurer contends there is somehow more information needed that was not already provided, it should immediately advise the insured’s attorney what information is needed. Insurer has been provided with information establishing that the claim is covered but has failed to extend coverage for the claim. Insurer’s denial of the claim and refusal to issue payment is a breach of the insurance policy.
Comments
User Id Date Added Comment
mnixon@slideinsurance.com 02-25-2025 Via E-mail & Posting on DFS Website Matthew Struble, Esq. Struble Cohen, P.A. 325 5th Ave Ste. 103 Indialantic, FL 32903 Service@strublecohen.com Complainant: Elnase Augustin Insured: Elnase Augustin Claim No: 202407001911 Policy No: 08942946 Date of loss: 06/01/2024 CRN Filing No.: 800168 Dear Mr. Struble: Please allow this correspondence to serve as Slide Insurance Company’s (“Slide”)’s response to the Civil Remedy Notice (“CRN”) that was filed on behalf of Elnase Augustin (“Insured”). Herein, we include a brief factual history of the underlying claim and actions by Slide which reveals it has acted properly in responding to the underlying claim and in compliance with its contractual and legal obligations. Slide denies each and every allegation brought forth in the CRN and denies any wrongdoing in the handling of the underlying claim. Moreover, as explained in more detail below, Slide asserts that the CRN is invalid and improper as the correct claim number is 202407001911, not 202406000916. Additionally, Slide denies violating any Florida Statute or Administrative Code as set forth more specifically herein. Moreover, Slide denies violating any provisions or duties set forth in the applicable policy of insurance. Slide further states that the facts and circumstances that are set forth in the CRN, while incomplete and misleading, do not give rise to any violation of any statute or policy provision referenced in the Notice. Furthermore, Slide challenges the validity of the CRN for not identifying the specific policy language they claim Slide failed to follow. See, e.g., Julien v. United Prop. & Cas. Ins. Co., 311 So.3d 875, 879 (Fla. 4th DCA 2021) (affirming dismissal for civil remedy notice’s failure to either strictly, or substantially, comply with statutory specificity requirement); Demase v. State Farm Florida Insurance Company, 351 So.3d 136, 138-39 (Fla. 5th DCA 2022) (holding that the trial court properly determined that a civil remedy notice that failed to state with specificity the relevant policy language was legally insufficient). Finally, the CRN is improper as the Insured failed to establish that Slide breached the policy of insurance, as required by Fla. Stat. § 624.1551. CLAIM FACTS On or about December 29, 2023, the Insured requested that policy number SIC3081389 be cancelled as they obtained a different policy with Citizens effective January 19, 2024, under policy number 08942946. Policy number SIC3081389 was subsequently cancelled by Slide at the end of the policy period. On May 21, 2024, policy number 08942946 with Citizens was assumed by Slide. On June 25, 2024, a water loss with a DOL of June 1, 2025, was reported under policy number SIC3081389. Said loss was assigned claim number 202406000916. On or about July 17, 2024, Slide notified the Insured that claim number 202406000916 fell outside of the period of coverage for policy number SIC3081389. On July 24, 2024, the Insured re-reported the loss under the correct policy number, 08942946. Said loss was assigned claim number 202407001911. Slide promptly adjusted the claim number 202407001911, including but not limited to, sending Independent Adjuster Gerardo Pena to inspect the insured property. As a result of Slide’s investigation and evaluation as to the underlying claim, on or about September 3, 2024, Slide issued its coverage determination letter and payment of approximately $2,297.29. Thus, Slide maintains that it has acted in accordance with the terms of the subject insurance policy, and the law, and has acted in good faith towards the Insured. Slide denies that it violated any statutes or committed the acts asserted in the CRN. Slide neither waives nor is estopped from asserting any and all rights that it may have in law or under the terms of the policy. Slide expressly reserves all such rights without exception or limitation. REASONS FOR THE NOTICE The CRN alleges three (3) reasons for the filing of the Notice. However, no specific facts or circumstances are provided to support these allegations. Notwithstanding, Slide denies each and every allegation individually as follows: 1. Claim Denial: This allegation is without basis and therefore denied. Slide acted in accordance with its duties and obligations pursuant to the policy of insurance as well as Florida law. The underlying claim was not denied. Instead, Slide issued payment based on Slide’s investigation and evaluation of the claim. Accordingly, Slide’s actions are adequately supported by law and fact. Thus, this allegation is without basis and therefore denied. 2. Claim Delay: Slide denies any delay in the claims handling process of the underlying loss as is evident from the facts outlined above. Slide promptly acknowledged the claim and timely initiated its investigation of the loss including inspection of the subject property. Slide acted in accordance with its duties and obligations pursuant to the policy of insurance and responded appropriately to information and documentation that was provided. Thus, Slide asserts that this allegation is without basis and therefore denied. 3. Unsatisfactory Settlement Offer: Slide denies that it extended any unsatisfactory settlement offers to the Insured. Slide promptly investigated the loss and the Insured was issued payment based on the investigation and evaluation of the claim. Slide asserts that it has acted in good faith towards its Insured at all times. Thus, this allegation is without basis and therefore denied. ALLEGED STATUTORY VIOLATIONS The CRN alleges four (4) statutory violations. However, no specific facts or circumstances are provided to support these allegations. Notwithstanding, Slide denies each and every allegation individually as follows: 1. 624.155(1)(b)(1): Denied. The underlying claim was investigated and adjusted in as thorough and expedient a manner as possible. Following the investigation and evaluation of the underlying claim, the Insured was issued payment. Moreover, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 2. 626.9541(1)(i)(3)(a): Denied.  This allegation is without basis. Slide has adopted and implemented standards for the proper investigation of claims at all times during the investigation of the subject matter. The aforementioned facts demonstrate that Slide employed proper and customary claims practices in the investigation and adjustment of this claim including, but not limited to, inspection of the insured property and communications with the Insured and their representatives. Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.  Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 3. 626.9541(1)(i)(3)(b): Denied.  This allegation is without basis.  Slide has been forthcoming and truthful regarding the pertinent claim facts and/or insurance policy provisions relating to the reported loss. Slide’s correspondences and communications to the Insured and/or their representatives proves this fact.  Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.  Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 4. 626.9541(1)(i)(3)(d): Denied. Slide has not denied the underlying claim without reasonable investigation of the reported loss. As referenced in the factual narrative above, Slide investigated the reported claim and adjusted the loss in as thorough and expedient a manner as possible.  Following the investigation and evaluation of the underlying claim, the Insured was issued payment. Accordingly, there is simply no support for this allegation and Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. ALLEGED VIOLATIONS OF THE INSURANCE POLICY The CRN fails to allege specific violations of the insurance policy and provides no specific facts or circumstances of wrongdoing. The boilerplate CRN merely sets forth blanket allegations of wrongdoing, without further information. As such, the CRN is defective, as it failed to specifically identify the policy language that is the subject of the alleged violation, and further failed to include sufficient facts to put Slide on notice of the alleged violations. Notwithstanding, Slide denies any and all allegations of policy violations. All actions by Slide were done in compliance with the applicable Policy. As indicated above, Slide thoroughly investigated the reported loss including inspection of the insured property. Thus, it is clear that Slide has acted in compliance with the Policy. Slide asserts that it has at all times complied with the terms of the Policy and has complied with all applicable provisions of the Policy and Florida Statutes in the handling of this matter. STATEMENTS AS TO CURING THE DEFECTS OUTLINED IN THE NOTICE The CRN asserts that Slide must tender all insurance benefits due and owing. Nevertheless, the method for curing violations alleged in a Civil Remedy Notice is not determined by the Insured. Talat Enterprises, Inc. v. Aetna Casualty Surety Co., 753 So. 2d So. 2d 1278 (Fla. 2000). Accordingly, Florida Statutes Section 624.155 does not impose on an insurer the obligation to pay whatever the Insured demands. Section 624.155(2)(d) would have no effect or purpose under such an interpretation. Thus, Slide reasserts that it has acted in good faith towards its Insured at all times. Slide references to all the facts herein, which unequivocally demonstrate Slide’s expedient and timely administration of the Insured’s claim. Slide further asserts its full and strict compliance with the Policy and reiterates that it has acted properly in responding to the underlying claim in compliance with its contractual and legal obligations. Slide denies any wrongdoing in the handling of the underlying claim. Additionally, Slide denies violating any Florida Statute, Administrative Code, or code of ethics. CONCLUSION In conclusion, the documented facts of this claim establish that Slide acted diligently in its claims response and adequately performed its obligations under the policy of insurance and Florida law. Thus, the facts contradict all allegations that Slide has in any manner acted improperly or contrary to its contractual obligations to the Insured in this claim. Herein, Slide has attempted to fully and adequately respond to the allegations the Insured allege in the Civil Remedy Notice of Insurer Violation filed with the Department. Should there be any questions or further inquiry with respect to this matter, please contact the undersigned at (813) 761-1866 or at mnixon@slideinsurance.com. Sincerely, /s/ Michael Nixon Michael Nixon, Esq. Staff Counsel
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