Civil Remedy Notice of Insurer Violations
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Filing Number:     801059
Filing Accepted:  1/14/2025
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Complainant
Last/Business Name *  
NEELEY   First Name   MORGAN
Street Address * 1557 TEXAS PARKWAY
City, State Zip * CRESTVIEW, FL 32536
Email Address * RACINGFIRSTLADY@ICLOUD.COM
Complainant Type: * Insured
Insured
Last/Business Name*   NEELEY   First Name   MORGAN
Policy # * SJ31129488 Claim #* SL22202537
Attorney
Attorney is Applicable
Last Name* MAHONEY First Name * JOHN Initial
Street Address* 4290 WOODBINE ROAD
City, State Zip* PACE , FLORIDA 32571
Email Address * JMAHONEY@ARLAWLLC.NET
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   SLIDE INSURANCE COMPANY
NAIC Company Code 17227
 
Name of individual responsible for violation (if any):* DEREK PANDOLFI AND OTHER ASSIGNED CLAIMS EXAMINERS
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)(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.

POLICY PROVISIONS VIOLATED: The insurance company is in breach of the Coverage sections of the subject policy SJ31129488. ADMINISTRATIVE CODE SECTIONS VIOLATED: 69B-220.201(3)(b) – An adjuster shall treat all claimants equally. 69B-220.201(3)(b)2. – An adjuster shall adjust all claims strictly in accordance with the insurance contract. 69B-220.201(3)(c) – An adjuster shall not approach investigations, adjustments, and settlements in a manner prejudicial to the insureds. 69B-220.201(3)(d) – An adjuster shall make truthful and unbiased reports of the facts after making a complete investigation. 69B-220.201(3)(o) – An adjuster shall not undertake the adjustment of any claim concerning which the adjuster is not currently competent and knowledgeable as to the terms and conditions of the insurance coverage, or which otherwise exceeds the adjuster’s current expertise.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

This notice is given in order to perfect the right of the insured, Morgan Neeley (“insured”) to pursue the civil remedy authorized by Fla. Stat. §624.155 against her insurer, Slide Insurance Company (“the insurance company”). The insurance company has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the claim of loss of its insured and has failed to pay for covered damages in breach of the insurance policy. This claim arises from covered damages sustained by the insured from a windstorm and ensuing damages occurring on or about July 11, 2022. On or about that date, the insured property suffered substantial damage after the storm caused a tree and limbs to fall directly onto the insured’s home. The insurance company was timely notified of the loss and assigned claim number SL22202537. The insurance company opened coverage and paid a total of $41,048.87. The insurance company’s payments were wholly insufficient to address the loss or indemnify the claim. The insured timely disagreed and supplemented. The insured provided receipts and a contents inventory list. The insured’s receipts were compiled from the following companies: Elite flooring, AND Services, Barlow Electric, Raymond Duke, and Gulf Tree Man. The insured’s repair receipts total $57,347.97. The insured’s list of lost contents totaled $12,409.75. To date, despite acknowledging coverage for the loss and notwithstanding the insured’s pleas otherwise, the insurance company has failed and refused to pay all insurance benefits due and owing under the policy and has failed and refused to restore the insured property to pre-loss condition. The insurance company’s valuation of the loss did not begin to approach a necessary amount to repair the property to pre-loss condition. The insured requested the insurance company to pay the full amount of money needed to address her covered losses. After attempts to obtain a fair claim settlement failed, the insured was left with no choice but to hire an attorney to pursue insurance company for its breach of the insurance policy in failing to pay the full policy value of the loss. Implicit within every insurance policy is a duty of good faith and fair dealing. However, the insurance company has failed to comply with those obligations in connection with this claim. Instead, the insurance company has looked for ways to avoid paying the claim in full and these actions have been to the detriment of the insured. The adjusters assigned to this claim have a duty to adjust and treat all claims equally. Since the beginning of this claim the representatives on behalf of the insurance company have approached this investigation in a manner prejudicial to the insured. The insurance company used either untrained or improperly trained adjusters in connection with this claim. The insurance company should have been adjusting the loss with the insured but instead, it was looking for ways not to pay the claim in full. If the insurance company handles all the claims in the way it handled the insured’s claim, then it is improperly handling all claims. The insurance company’s conduct has been reckless and unfair to the insured. The concept of insurance is that insurance is the insurers’ granting of timely and prompt indemnity or security against a contingent loss. Florida Statute §624.02 defines “insurance” as a contract whereby one undertakes to indemnify another or pay or allow specified amount or a determinable benefit upon determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that the insured may mitigate her damages and be placed back into the position she was in prior to the loss as quickly as possible. The insurance company has breached this duty. The insurance company should have acted fairly and honestly towards the insured. Instead, the insurance company refused and/or failed to settle the insurance claim when under all circumstances it could have. This is wrongful conduct. Further, the insured contend that the insurance company’s adjusters and/or representatives financially benefitted from such wrongful conduct. Therefore, to cure the defects outlined in this Civil Remedy Notice, the insurance company must: create and implement adequate guidelines for proper investigation and evaluation as to claims handling and for the training and supervision of employees. This would have helped the insurance company avoid the statutory violations set forth above and may help the insurance company prevent such violations from occurring in the future. In addition, the insurance company must create and implement adequate guidelines for the proper investigation and evaluation of these types of claims. The insurance company should also offer appropriate training and supervision of employees with regard to these types of claims to ensure the insurance company’s claims handling procedures are adequate to prevent the unfair and wrongful treatment that the Insured experienced. To remedy the above issues the insurance company must act fairly and honestly towards the insured and with due regard for her best interests in attempting to settle the insured’s claim. The insurance company must immediately tender all insurance benefits due and owing to the insured under the policy pursuant to the relevant policy provisions provided therein. The necessary remedy payments would also include all interest due and owing under applicable Florida Statutes and all attorney’s fees and costs incurred by the insured because of the bad faith conduct of the insurance company. Stated another way, the insurance company must pay the insured the fair value of her insurance claim. This remedy would reasonably place the insured back to the pre-loss condition that is contemplated in her policy and would resolve the outstanding disputes.
Comments
User Id Date Added Comment
swilliams@slideinsurance.com 03-14-2025 VIA E-MAIL John Mahoney, Esq. Averill Reaney Attorneys at Law 4290 Woodbine Road Pace, Florida 32571-8755 jmahoney@arlawllc.net OUR INSURED(S): Morgan Neeley OUR CLAIM NUMBER: SL22202537 DATE OF LOSS: 7/11/2022 DFS FILING NUMBER: 801059 Dear Mr. Mahoney, This correspondence constitutes Slide Insurance Company’s ("SLIDE") response to the Civil Remedy Notice of Insurer Violation, which you filed on behalf of Morgan Neeley (the “Insured”) regarding the claim listed above. SLIDE welcomes the opportunity to respond to this Civil Remedy Notice of Insurer Violation and specifically denies each and every allegation contained in the Civil Remedy Notice filed in relation to this claim. With that said, SLIDE believes that the Civil Remedy Notice you filed fails to comply with the specific notice and information requirements as set forth in Civil Remedy Notice of Insurer Violation document provisions, Florida Statute §624.155 and Florida Case law. The Notice fails to name any individual involved in the alleged violation(s), as required by Florida Statute §624.155[(3)(b)3]. This failure to identify any specific individual allegedly involved in the purported violation(s) prevents SLIDE from addressing any issues regarding any individual and is one of the reasons why the Notice does not comply with F.S. §624.155. Moreover, pursuant to section 624.155, F.S., the Civil Remedy Notice requires the Complainant to “indicate all statutory provisions alleged to have been violated." The notice that you filed in this matter includes various statutory provisions that could be claimed against an insurance company, regardless of whether they are relevant or applicable to the alleged facts contained in the Notice. For example, the Notice alleges that Slide failed to adopt and implement standards for the proper investigation of claims in violation of Fla. Stat. 626.9541(1)(i)(3)(a), and also alleges that SLIDE misrepresented pertinent facts or insurance policy provisions relating to coverages at issue in violation of Fla. Stat. 626.9541(1)(i)(3)(b). However, the Notice fails to provide sufficient facts supporting those allegations. As the Civil Remedy Notice fails to identify any specific statutes, SLIDE is unable to properly respond, as it does not comply with F.S. §624.155. Also, the Notice fails to set forth any specific policy language alleged to have been violated in accordance with Florida Statute §624.155[(3)(b)(4)]. This failure to identify any specific policy provision allegedly relevant to the purported violations prevents SLIDE from addressing any issues regarding the policy and is another reason why it does not comply with F.S. §624.155. Furthermore, contrary to the requirement to state with specificity the facts and circumstances giving rise to the violation, as set forth in §624.155[(3)(b)(2)], the purpose of which is “to enable the insurer to investigate and resolve [the] claim,” the Civil Remedy Notice itself only provides template, unsupported and incorrect allegations with no basis in fact or circumstances. For example, the Notice alleges that Slide only issued the Insured payments totaling $41,048.87. However, Slide issued payments totaling approximately $70K under the subject claim, Claim Number SL22202537. In addition, while Notice alleges that the Insured submitted a contents claim totaling $12,409.75, the Notice fails to highlight that the Insured failed to submit sufficient proof/photographs supporting her claim. The lack of any specific facts or circumstances in the Notice is another reason why it does not comply with F.S. § 624.155. Finally, the Civil Remedy Notice contains a vague “cure” in violation of the Civil Remedy Statute. In closing, SLIDE first believes that the Civil Remedy Notice does not comply with F.S. § 624.155, and regardless of the lack of the compliance, SLIDE denies all allegations contained in the Civil Remedy Notice and submits there are no violations. While this response is meant to be comprehensive, SLIDE’s response above is based upon the limited information provided in the Civil Remedy Notice and the information we have to date. If the Insured feels that we are not in possession of all the facts, please inform us immediately. Please note that SLIDE’s response is not necessarily exhaustive and does not preclude us from asserting any other valid reason for the lack of compliance with F.S. § 624.155. Also, this letter or any act or failure to act on the part of SLIDE or any agent or representative of SLIDE should not be construed as a waiver of any rights or defenses available to SLIDE by contract or at law, as all such rights and defenses are hereby specifically reserved. We trust that this response addresses the allegations of insurer violation alleged in the Civil Remedy Notice of Insurer Violation. Should you have any questions regarding this matter or need anything further, please do not hesitate to contact the undersigned. Sincerely, /s/ Summer Williams Summer Williams, 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