Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 800648

Filing Accepted: 1/13/2025

Print Filing

Complainant

Last/Business Name *

BOND

First Name

MARK

Street Address *

4306 TEAKWOOD CIRCLE

City, State Zip *

BRADENTON, FL 34208

Email Address *

RPOWERS@KPATTORNEY.COM

Complainant Type: *

Insured

Last/Business Name*		BOND		First Name		MARK
Policy # *		SIC3227605		Claim #*		202410010177

Attorney

Attorney is Applicable

Last Name*	POWERS First Name * RAYMOND Initial
Street Address*		1625 HENDRY STREET, 4TH FLOOR
City, State Zip*		FORT MYERS , FL 33901
Email Address *		RPOWERS@KPATTORNEY.COM

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		SLIDE INSURANCE COMPANY
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 17227

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

Reason for Notice *

	Claim Denial
	Claim Delay
	Unsatisfactory Settlement Offer
	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.
	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)(c)		Failing to acknowledge and act promptly upon communications with respect to claims.
	626.9541(1)(i)(3)(f)		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.
	626.9541(1)(i)(3)(g)		Failing to promptly notify the insured of any additional information necessary for the processing of a claim.

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

Loss settlement provision of the policy and Coverage A of the Policy.

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

The carrier has not attempted in good faith to settle the insureds’ claim when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insureds and with due regard for their interests. The carrier has done everything possible to delay the claim and refuses to pay the complete covered loss amount due under the policy. Furthermore, the carrier is required to properly investigate and adjust claims and cannot place that burden upon the insureds. This was made clear by the appellate court and the Florida Supreme Court in Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005) (“The Legislature has clearly chosen to impose on the insurance companies a duty to use good faith and fair dealing in processing and litigating the claims of their insureds…”). The carrier was immediately put-on notice of the insured’s severe damage claim. The carrier initially attempted to low-ball the claim. The insured subsequently submitted a detailed loss package with extensive supporting documentation in the amount of $ 75,371.00 which is needed to restore the property back to its pre-loss condition to the carrier. The carrier is aware of the entire loss package for the claim submitted by the insured and has still failed to take any meaningful ensuing action. Furthermore, since the commencement of the claim the carrier has failed to timely communicate with the insured. The carrier’s failure to respond to the insured’s communications within a timely manner is a direct violation of Florida Statute 627.70131. The carrier’s conduct makes it clear that they are attempting to intentionally downplay the extent of the damage and undervalue the damages in its estimate for the sole benefit of maximizing the company’s profits, thereby placing shareholder’s interests ahead of its insureds’ interests. It is obvious that the carrier is not attempting to pay for the clearly covered damages owed under the policy and is attempting to delay the claim. This intentional delay with the claim has led to direct prejudice of the insured. To date, the carrier has refused to pay the fully covered amount owed under the policy or even to attempt to treat the claim with good-faith. It is clear that the carrier is not treating the insureds with good faith claims conduct; failing to pay a claim clearly owed and acknowledged in writing; not adjusting the claim and evaluating the loss properly, promptly and fairly to provide full and prompt indemnity to the insured; failing to implement proper standards for the adjustment and investigation of claims; not training, supervising or managing adjusters properly so that prompt and full payments are made, but rather placing the company’s interests before the insured’s interests; refusing to pay the full amount owed to the insured despite the fact that the damages are covered under the policy; looking for ways to delay full recovery or any recovery to the insured; and refusing to provide coverage for the insured’s loss in a timely manner. The carrier’s actions are in violation of the Loss Settlement provision of the policy, by failing to tender all sums of money due and owing under the policy, as well as the following Florida Statutes: 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)(c): Failing to acknowledge and act promptly upon communications with respect to claims. 626.9541(1)(i)(3)(f): 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. 626.9541(1)(i)(3)(g): Failing to notify the insured of any additional information necessary for the processing of a claim. This notice is provided in order to perfect a right to pursue the civil remedy authorized by Florida Statute § 624.155. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must: 1) Pay all amounts due and owing to the insured in the amount of $ 75,371.00 minus any prior payments and minus the applicable deductible for indemnity benefits; and 2) Review and acknowledge receipt of communication made by the insured in regards to the subject claim; 3) Pay the insured’s attorney’s fees and costs as the carrier’s actions have forced them to retain the undersigned; 4) Pay the statutory interest on the amount of unpaid damages from the date of loss to the date payment is finally made. Please do not hesitate to contact the undersigned or Quintaysia Goodley at 239-488-6813 if you have any questions or concerns. Sincerely, Raymond D. Powers, Jr. Attorney at Law

Comments

User Id		Date Added		Comment
mthornton@slideinsurance.com		03-11-2025		Via E-mail & Posting on DFS Website Raymond Powers, Esq. Kanner & Pintaluga 1625 Hendry St, 4th Floor Fort Myers, FL 33901 rpowers@kpattorney.com Complainant: Mark Bond Insured: Mark Bond Claim No: 202410010177 Policy No: SIC3227605 CRN Filing No.: 800648 Dear Raymond Powers: Please allow this correspondence to serve as Slide Insurance Company’s (“Slide”)’s response to the Civil Remedy Notice (“CRN”) filed on behalf of Mark Bond (“Insured”). The CRN was accepted by the Department on January 13, 2025. Without waiving any objections to the sufficiency of the CRN, and specifically subject to a reservation of all rights and defenses herein, Slide denies all allegations that it violated Florida Statutes or other codes, regulations, and/or rules in this matter. Slide challenges the validity of the CRN as it fails to identify the specific policy terms the Insured claims Slide failed to follow, nor do the allegations as stated give rise to any violation of Florida law or insurance policy. See, e.g., Julien v. United Prop. & Cas. Ins. Co., 311 So.3d 875, 879 (Fla. 4th DCA 2021); Demase v. State Farm Florida Insurance Company, 351 So.3d 136, 138-39 (Fla. 5th DCA 2022) (holding the trial court properly determined a civil remedy notice that failed to state with specificity the relevant policy language was legally insufficient). In fact, the CRN does not provide any specific facts material to the Insured’s claims, including the timeline of the claim, basis of the alleged dispute, or scope of the claimed damages. For these reasons, Slide asserts the CRN is deficient and should be returned by the Department. CLAIM FACTS Slide issued a homeowners’ insurance policy to the Insured for property located at 4306 Teakwood Circle, Bradenton, Florida, in effect for the period from October 9, 2024 to October 9, 2025, (the “Policy”). On October 11, 2024, the Insured filed a claim for damage to their property from Hurricane Milton. The date of loss was reported as October 9, 2024. Slide acknowledged receipt of the claim and assigned a licensed field adjust to inspect the property. A licensed roofing consultant, Precision Claim Solutions LLC (“PCS”), was also retained to complete an evaluation of the tile roofing system at the insured property. Based on the investigation, Slide advised the Insured on or about December 17, 2024, that the cost to repair the soffits and window screens at the property was covered. The total cost to repair the covered damages was less than the Policy’s hurricane deductible; therefore, no payment was due or owing pursuant to the Loss Settlement provisions of the Policy. The December 17th letter further explained that due to the lack of storm-related damage found during PCS’s inspection, the roof and interior repairs were precluded from coverage pursuant to the terms, conditions, exclusions, and endorsements of the Policy. In accordance with Florida Statutes, a written explanation of the coverage decision and itemized estimate of the covered damages were provided to the Insured. To date, Slide has not received any information from the Insured or their representatives that would alter its understanding of the loss and coverage. Slide maintains that it has acted in accordance with the terms of the subject insurance policy and the law in its adjustment of the claim. The facts and circumstances set forth in the CRN are misleading, vague, and incomplete. The Insured has presented no evidence to support the allegations of claim denial, claim delay, unsatisfactory settlement offer, or unfair trade practice. Rather, the facts show Slide promptly investigated the loss and made communications as necessary to adjust the claim, in compliance with the Policy and Florida Statute. DENIAL OF ALL VIOLATIONS OF FLORIDA STATUTE The CRN asserts Slide violated §§ 624.155(1)(b)(1), 626.9541(1)(i)(3)(a), 626.9541(1)(i)(3)(b), 626.9541(1)(i)(3)(c), 626.9541(1)(i)(3)(f), and 626.9541(1)(i)(3)(g), Fla. Stats. Notwithstanding any challenges to the CRN’s legal sufficiency, and specifically subject to a reservation of all defenses and/or rights, Slide categorically denies all violations of Florida Statutes or any other codes, regulations, and/or rules in its handling of the subject loss. The underlying claim was adjusted in as thorough and expedient a manner as possible. The facts demonstrate Slide employed proper claims practices in the investigation including, but not limited to, a prompt inspection of the Insured’s property with licensed individuals, timely communications with the Insured and/or their representatives, and providing a written explanation of the coverage assessment with supporting documentation to the Insured upon completion of the investigation. Thus, the violations asserted in the CRN are baseless and Slide asserts strict compliance with its statutory obligations. CONCLUSION In filing this response, Slide does not intend to waive any rights or defenses that it may have in law or the policy. Slide expressly reserves all rights and defenses without exception or limitation. Should there be any questions or further inquiry with respect to this matter, please contact the undersigned at mthornton@slideinsurance.com. Sincerely, /s/ Marianne Thornton Marianne Thornton, 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. 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