Filing Number: 802743
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| Filing Accepted: 1/21/2025 |
| Last/Business Name
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PATENAUDE
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First Name |
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RONALD |
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| Street Address
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5549 SPANISH RIVER ROAD |
| City, State Zip
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FORT PIERCE,
FL
34951
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| Email Address
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PATENAUDE5549@YAHOO.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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PATENAUDE |
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First Name |
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RONALD |
| Policy # * |
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SJ30212686 |
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Claim #* |
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202410008092 |
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Attorney is Applicable
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| Last Name* |
ELAZAR
First Name *
SAPIR
Initial
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| Street Address* |
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800 E BROWARD BLVD #510 |
| City, State Zip* |
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FORT LAUDERDALE
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FLORIDA
33301
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| Email Address * |
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SE@WEKLAW.COM |
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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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SLIDE 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 17227 |
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| Name of individual responsible for violation (if any):*
N/A
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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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Unsatisfactory Settlement Offer
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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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| 624.155(1)(b)(3) |
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Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
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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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| 626.9541(1)(i)(4) |
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Failing to pay undisputed amounts of partial or full benefits owed under first-party property insurance policies within 60 days after an insurer receives notice of a residential property insurance claim, determines the amounts of partial or full benefits, and agrees to coverage, unless payment of the undisputed benefits is prevented by factors beyond the control of the insurer as defined in s. 627.70131(5).
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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.
Loss Payment Provision. Loss Settlement Provision.
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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.
Ronald Patenaude (the "Insured") purchased an insurance policy (the "Policy") from Slide Insurance Company ("Slide"), effective at the time of the loss on or about October 09, 2024, under policy number SJ30212686, to insure the property located at 5549 Spanish River Road, Fort Pierce, FL 34951(the "Property").?
On or about October 9, 2024, the Property sustained significant damage due to a sudden tornado caused by the devastating Hurricane Milton. The damage included, but was not limited to, the roofing system, exterior, and other structures of the Property (the "Loss"). The Insured promptly reported the Loss to Slide, and the claim was acknowledged, with Slide assigning claim number 202410008092 ("Claim") to the Loss.
Despite timely notification and all necessary documentation provided by the Insured, Slide has yet to issue a coverage determination or make any payments to the Insured. In response to Slide's inaction, the Insured retained Ask An Adjuster ("AAA") as their public adjuster to assist in evaluating and inspecting the damage. AAA conducted a thorough investigation and submitted a detailed estimate of the damages totaling $176,185.81, along with a Sworn Proof of Loss.
Slide’s failure to provide a timely coverage determination and issue payments, along with its lack of good faith in adjusting this loss, has caused significant harm to the Insured. This inaction has prevented the Insured from returning their Property to its pre-loss condition and forced them to incur substantial additional living expenses without any assistance, further exacerbating their financial and emotional strain. Slide's conduct reflects a clear disregard for its contractual obligations under the Policy and failure to participate in the settlement process in good faith.
By stating the above detailed facts it is clear that Slide has violated 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 their interest; when Slide denied coverage on the Insured’ claim.?
• 624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage;??
• 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, by failing to respond to the Insured’ public adjuster, and Insured’ counsel with respect to supplemental requests for payments;?
• 626.9541(1)(i)(3)(f) Failing to promptly provide a reasonable explanation in writing to the Insured and/or their public adjuster of the basis in the insurance policy, in relation to the facts or applicable law, for the offer of a compromise settlement;??
• 626.9541(1)(i)(4) Failing to pay any undisputed amounts of partial or full benefits owed under first-party property insurance policies within 90 days after an insurer receives notice of a residential property insurance claim, determine the amounts of partial or full benefits, and agree to coverage; when Slide failed to release any undisputed amount of the claim to the Insured.??
To date, Slide has in bad faith failed to provide a coverage determination to the Insured. The Insured’s property continues to be in disarray as the Insured are without funds to put their property into its pre-loss condition. As a direct result of Slide’s insufficient coverage and breach of the Florida Statutes, the Insured were?forced to seek the?help of licensed professionals to assist them, including a public adjuster and legal counsel.?Due to the amount of time that has passed since the date of loss, the information discussed above, it is irrefutable evidence that Slide knowingly and intentionally, and in bad faith delays the claims process in order to further disadvantage the Insured. The financial detriment caused to the Insured is a direct result of Slide’s reckless treatment of the claims process. The Insured submitted all documents requested in a timely fashion, made their property available for inspection, submitted supplemental invoices, estimates and requests. However, Slide failed at every step of the process to adequately establish or identify the basis of its gross mismanagement of the claim.??
To deny the Insured the benefit clearly due and owing under the Policy, for which they have time and time again been making premium payments for and after they have satisfied all of her obligations is morally and ethically reprehensible, and reeks of Unfair Claims Practice and Bad Faith. Upon information and belief, the aforementioned actions complained of, among others, were made by Slide so often as to constitute a general business practice, evidencing a motive to enhance Slide’s profits, and designed to cause a detrimental effect to its policyholders. The above clearly depicts that Slide adjusted this claim in bad faith and that Slide is in direct violation of Unfair Claims Practices.??
This notice is given in order to perfect the right to pursue the civil remedy authorized by Section 624.155, Florida Statutes, should Slide fail to cure the violations set forth in this Civil Remedy Notice within the given cure period. Therefore, to cure the defects outlined in this Civil Remedy Notice, Slide must: (1) Immediately tender all proceeds due and owing to the Insured that are fairly owed to the Insured under the insurance policy that would reasonably compensate the Insured in order to put the loss property back to its pre-loss condition; (2) Agree to reimburse the Insured’ reasonable attorneys’ fees and costs for having to become involved to resolve the claim; (3) Agree to reimburse the Insured for interest on the amount of benefits that was found to be due and owing to the Insured, relating back to the date of loss.
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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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