Filing Number: 800798
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| Filing Accepted: 1/13/2025 |
| Last/Business Name
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ZIELINSKI
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First Name |
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JOHN |
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| Street Address
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2520 NEPTUNE DR |
| City, State Zip
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THE VILLAGES,
FL
32162
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| Email Address
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COLLIN@CMGPROPERTYSOLUTIONS.NET |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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ZIELINSKI |
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First Name |
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JOHN |
| Policy # * |
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981559654 |
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Claim #* |
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0772810875 |
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Attorney is Applicable
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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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CASTLE KEY INDEMNITY 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 10835 |
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| Name of individual responsible for violation (if any):*
JENNIFER BERG AND AMY MILWARD
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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 Denial
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Claim Delay
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Unfair Trade Practice
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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)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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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.
"We insure for sudden and accidental direct loss to property described in Coverages A and B only a physical loss to covered property"
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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.
On September 6, 2024, CMG Property Solutions filed this claim on behalf of the insured at 3:47 PM. At
that time, we submitted a Letter of Representation (LOR) and a W-9, requesting a copy of the insured’s
policy jacket. No correspondence was received until September 18, 2024, when Amy Milward
responded, stating that the date of loss (DOL) was outside the insured’s policy period and that the claim
was filed without a policy number—claims that were categorically incorrect.
On September 18, 2024, we immediately responded to Ms. Milward with another copy of our LOR,
reiterating that the date of loss, July 19, 2023, was within the correct policy period and that the policy
number was clearly included in our original submission. We also requested that she review the LOR and
correct her statements to proceed with scheduling an inspection.
Ms. Milward later claimed in subsequent emails that the insured had not held a policy with Castle Key
since November 19, 2024, and that the date of loss was July 19, 2024. Once again, we provided
documentation confirming that the DOL was July 19, 2023, and that this date was covered under the
insured’s policy period.
Despite multiple correspondences and our repeated submission of the LOR, no inspection was
scheduled. Instead, Castle Key continued to request information that had already been provided on
multiple occasions. These delays culminated in the reassignment of the claim to Jennifer Berg on
October 23, 2024, who requested the date of loss again. At this point, Castle Key’s handling of the claim
demonstrated significant mismanagement, as documents and prior communications were evidently not
retained or reviewed.
Further issues arose when it was revealed that the initial claim number provided was incorrect, leading
to further confusion. Even after this issue was clarified, Castle Key requested a recorded statement and a
Proof of Loss (POL) on October 23, 2024, without having scheduled an inspection or provided the
insured’s full policy jacket as requested at the claim’s inception.
On December 2, 2024, Jennifer Berg notified CMG Property Solutions that the claim was denied due to
the POL not being submitted within 30 days of the request. This decision was made despite the fact that
no inspection had ever been conducted, and the insured’s policy jacket—necessary to complete the
POL—was not provided until December 3, 2024.
This series of actions raises serious concerns regarding Castle Key’s intent to investigate and resolve this
claim in good faith. By denying a claim without conducting an inspection, Castle Key appears to have
violated several Florida statutory provisions, including but not limited to:
• 624.155(1)(b)(1): Not attempting in good faith to settle claims when it could and should have
done so.
• 626.9541(1)(i)(3)(a): Failing to adopt and implement standards for the proper investigation of
claims.
• 626.9541(1)(i)(3)(c): Failing to acknowledge and act promptly upon communications with
respect to claims.
• 626.9541(1)(i)(3)(d): Denying claims without conducting reasonable investigations based upon
available information.
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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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