Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 803589

Filing Accepted: 1/27/2025

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Complainant

Last/Business Name *

KATRUSKA

First Name

PAMELA

Street Address *

2512 41ST STREET EAST

City, State Zip *

BRADENTON, FL 34208

Email Address *

PAMELA.KATRUSKA@GMAIL.COM

Complainant Type: *

Insured

Last/Business Name*		KATRUSKA		First Name		PAMELA
Policy # *		3408138878		Claim #*		01000073459

Attorney

Attorney is Applicable

Last Name*	TORRE First Name * GABRIEL Initial
Street Address*		908 WEST HORATIO STREET
City, State Zip*		TAMPA , FLORIDA 33606
Email Address *		GABE@MAKRISMULLINAX.COM

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		FIRST PROTECTIVE INSURANCE COMPANY
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 10897

Name of individual responsible for violation (if any):* JEFF FRONTCAKAS, DAVE BAKER, JEFFREY HAYNES, AND ATTORNEYS FOR FRONTLINE
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Claim Delay
	Unsatisfactory Settlement Offer
	Unfair Trade Practice
	Other : Unreasonable Investigation
	Other : Failure to timely render a claims determination in violation of F.S. § 627.70131

* 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.
	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)(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)(h)		Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.

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

THE POLICY PROVISIONS INCLUDE BUT ARE NOT LIMITED TO: “SECTION I – PERILS INSURED AGAINST, A. COVERAGE A – DWELLING AND COVERAGE B – OTHER STRUCTURES 1. WE INSURE AGAINST DIRECT PHYSICAL LOSS TO PROPERTY DESCRIBED IN COVERAGES A AND B.:” “SECTION I – CONDITIONS, C. DUTIES AFTER LOSS 1. “YOUR” DUTIES AFTER LOSS … H. AS OFTEN AS WE REASONABLY REQUIRE (2) PROVIDE US WITH RECORDS AND DOCUMENTS WE REQUEST AND PERMIT US TO MAKE COPIES; (3) YOU AND ANY AND ALL “INSUREDS;” AND ANY MEMBER, OFFICER, DIRECTOR, PARTNER, OR SIMILAR REPRESENTATIVE OF THE ASSOCIATION, CORPORATION, OR OTHER ENTITY, IF YOU ARE THE ASSOCIATION, CORPORATION, OR OTHER ENTITY, WHO IS AN “INSURED;” -MUST: (A) SUBMIT TO EXAMINATION UNDER OATH AND RECORDED STATEMENTS AT THE LOCATION INSURED OR OTHER REASONABLE LOCATION DESIGNATED BY US, WHILE NOT IN THE PRESENCE OF EACH OTHER OR ANY OTHER “INSURED;” (B) PROVIDE GOVERNMENT ISSUED PHOTO IDENTIFICATION. IF YOU DO NOT POSSESS GOVERNMENT ISSUED PHOTO IDENTIFICATION, A SIGNED SWORN STATEMENT IDENTIFYING WHO YOU ARE MAY BE PROVIDED; AND (C) SIGN ANY TRANSCRIPT OF THE EXAMINATIONS UNDER OATH AND RECORDED STATEMENTS; AT OUR REQUEST, THE EXAMINATIONS WILL BE CONDUCTED SEPARATELY AND NOT IN THE PRESENCE OF ANY OTHER PERSONS EXCEPT LEGAL REPRESENTATION; SUCH EXAMINATIONS AND RECORDED STATEMENTS MUST EITHER BE IN-PERSON OR UTILIZE VIDEO AND AUDIO TECHNOLOGY, OR BOTH, AS DETERMINED BY US. AT THIS TIME, THESE ARE THE ONLY PROVISIONS OF THE POLICY KNOWN TO BE IN DISPUTE. IF THERE ARE OTHER PORTIONS OF THE POLICY THAT WERE NOT INCLUDED IN ANY OF FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE’S (“FRONTLINE”) CORRESPONDENCE, WHICH FRONTLINE BELIEVES LIMIT OR EXCLUDE COVERAGE FOR THE INSURED’S LOSS, THEN THE INSURED’S REQUEST TO BE NOTIFIED OF THAT, AND THE INSURED ASSERTS THOSE PROVISIONS OF THE POLICY TO ALSO BE APPLICABLE TO THIS NOTICE.

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

• 626.9541(1)(i)(3)(i) -- Unfair claim settlement practices. ON OR ABOUT SEPTEMBER 28, 2022, WHILE THE POLICY WAS IN FULL FORCE AND EFFECT, THE SUBJECT PROPERTY SUSTAINED A COVERED LOSS AS A RESULT OF HURRICANE IAN AND RELATED DAMAGES WERE FOUND TO THE ROOF, WINDOWS, EXTERIOR WALLS, AND INTERIOR CEILINGS. FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE (“FRONTLINE”) RECEIVED TIMELY NOTICE OF THE CLAIM ASSIGNED CLAIM NUMBER 01000073459 TO THE LOSS. SINCE THEN, FRONTLINE HAS ENGAGED IN AN UNREASONABLE INVESTIGATION DESIGNED TO PREJUDICE THE INSURED, LIMIT HER RECOVERY, AND LIMIT HER RIGHTS UNDER THE POLICY. ON DECEMBER 16, 2022, FRONTLINE ISSUED CORRESPONDENCE TO THE INSURED INDICATING THAT THE SUBJECT LOSS FELL BELOW THE $7,000.00 DEDUCTIBLE. IN SUPPORT OF THIS CONCLUSION, FRONTLINE ATTACHED ITS ESTIMATE OF THE CLAIMED DAMAGES. THEREIN, FRONTLINE OMITTED SIGNIFICANT DAMAGES TO THE ROOF AND ONLY OPENED COVERAGE FOR A LIMITED AMOUNT OF HIP AND RIDGE CAP SHINGLES. FRONTLINE FAILED TO OPEN COVERAGE FOR THE DAMAGED SHINGLES FOUND IN THE FIELD OF THE ROOF WHICH ALLOWED WIND DRIVEN RAIN TO CAUSE DAMAGE TO THE INTERIOR OF THE PROPERTY. FRONTLINE ALSO FAILED TO ADMIT COVERAGE FOR THE DAMAGED WINDOWS, DAMAGED EXTERIOR WALLS, AND FAILED TO ADMIT COVERAGE FOR THE FULL AMOUNT OF REPAIRS REQURIED TO FIX THE INTERIOR DAMAGE CAUSED BY WIND DRIVEN RAIN. FRONTLINE’S INVESTIGATION WAS INSUFFICIENT AND FAILED TO INCLUDE DAMAGES AND REPAIRS COVERED BY THE POLICY AND FLORIDA LAW. FRONTLINE FAILED TO PERFORM A PROMPT INVESTIGATION OF THE CLAIM AND PERFORMED A CURSORY INSPECTION OF THE PROPERTY FAILING TO RETAIN THE EXPERTS NECESSARY TO IDENTIFY THE REPAIRS NECESSARY TO RESTORE THE PROPERTY TO ITS PRE-LOSS CONDITION. ADDITIONALLY, THIS FLAWED INVESTIGATION WAS CONDUCTED BY CERTAIN INDIVIDUALS RETAINED BY FRONTLINE FOR THE SOLE PURPOSE OF SEEKING A “RESULTS-ORIENTED” OPINION TO UNDERPAY THE INSURANCE CLAIM. THIS FORCED THE INSURED AND HER REPRESENTATIVES TO RETAIN THEIR OWN PROFESSIONALS TO PERFORM AN INSPECTION OF THE PROPERTY, WHICH IDENTIFIED DAMAGES THAT FRONTLINE KNEW EXISTED, BUT FAILED TO ADDRESS. DURING THE INSPECTION, WIND DAMAGE TO THE ROOF AND EXTERIOR OF THE SUBJECT PROPERTY WAS IDENTIFIED. NUMEROUS SHINGLES ON THE ROOF WERE FOUND TO BE CREASED, LIFTED, AND/OR TORN AS A REUSLT OF HIGH-SPEED WIND GUSTS. IT WAS DETERMINED THAT A FULL ROOF REPLACEMENT WAS NECESSARY TO RESTORE THE SUBJECT PROPERTY TO ITS PRE-LOSS CONDITION. THE INSURED AND HER REPRESENTATIVES MADE FRONTLINE AWARE OF THE DISPUTE YET FRONTLINE HAS FAILED AND REFUSED TO ISSUE THE FULL AMOUNT OF INSURNACE PROCEEDS DUE AND OWING FROM THIS LOSS. INSTEAD, THROUGH ITS ATTORNEYS, FRONTLINE HAS REQUESTED AN EXAMINATION UNDER OATH (“EUO”) WHEREIN IT INTENDS TO INTERROGATE THE INSURED ON TWENTY-TWO (22) DIFFERENT TOPICS, MANY OF WHICH HAVE NOTHING TO DO WITH THE LOSS. FOR EXAMPLE, THE FIRST TOPIC IS “THE CONDITION OF THE PROPERTY AT THE TIME OF PURCHASE, INCLUDING THE PRE-PURCHASE HOME INSPECTION.” THIS PROPERTY WAS PURCHASED IN 2004, OVER SEVENTEEN (17) YEARS BEFORE HURRICANE IAN. AS SUCH, THIS REQUEST IS UNREASONABLE AND UNRELATED TO THE CLAIMED LOSS. SIMILARLY, THE SECOND TOPIC IS THE “OCCUPANCY HISTORY OF THE PROPERTY.” MUCH LIKE THE FIRST TOPIC, THE SECOND IS UNRELATED AND IRRELVANT TO THE CLAIMED LOSS. OTHER IRRELEVANT AND UNREASONABLE TOPICS INCLUDE THE PROCUREMENT OF ANY INSURANCE ON THE PROPERTY AT ANY TIME, THE APPLICATION OF HOMEOWNERS INSURANCE WITH FRONTLINE, ANY AND ALL LAWSUITS INVOLVING THE INSURED IN ANY WAY AT ANY TIME, ANY AND ALL INSPECTIONS OF THE PROPERTY AT ANY TIME, AND ALL RENOVATIONS, REPAIRS, AND IMPROVEMENTS TO THE PROPERTY BEFORE HURRICANE IAN. THROUGH THIS EUO, FRONTLINE HAS ALSO MADE TWENTY-TWO (22) REQUESTS FOR DOCUMENTS. ONCE AGAIN, MOST OF THESE REQUESTS HAVE NOTHING TO DO WITH THE LOSS. FOR EXAMPLE, FRONTLINE REQUESTS “ALL RECORDS AND DOCUMENTS REFLECTING THE CONDITION OF THE PROPERTY AT THE TIME OF PURCHASE, INCLUDING THE PRE-PURCHASE HOME INSPECTION REPORT,” “ALL RECORDS AND DOCUMENTS REFLECTING RENOVATIONS, REPAIRS, AND IMPROVEMENTS TO THE PROPERTY BEFORE HURRICANE IAN,” “ALL RECORDS AND DOCUMENTS REFLECTING ALL ESTIMATES, CONTRACTS, AND REPORTS RELATING TO THE PROPERTY …” “ALL RECEIPTS, PHOTOGRAPHS, CERTIFICATES OF COMPLETION, AND PROOF OF PAYMENTS FOR ALL REPAIRS MADE IN CONNECTION WITH ANY PRIOR HOMEOWNERS INSURANCE CLAIMS,” “ALL PHOTOGRAPHS OF THE SUBJECT PROPERTY DURING YOUR OWNERSHIP,” AND “A RECORD OF ALL REPAIR EXPENDITURES” WITHOUT ANY LIMITATION TO THE CLAIM. THESE REQUESTS AND TOPICS ARE DRACONIAN. THEY ARE NOT INTENDED TO ACTUALLY ASSIST FRONTLINE IN ITS INVESTIGATION OF THE CLAIM. INSTEAD, THEY ARE INTENDED TO PREJUDICE THE INSURED AND LIMIT THE INSURED’S RECOVERY. BY MAKING THESE UNREASONABLE AND IMPOSSIBLE REQUESTS, FRONTLINE IS ATTEMPTING TO SET THE INSURED UP FOR FAILURE. FOR EXAMPLE, IF THE INSURED IS UNABLE TO PROVIDE ALL DOCUMENTS OR INFORMATION REQUESTED, NO MATTER HOW UNREASONABLE OR IRRELVANT THEY ARE, FRONTLINE WILL USE THIS AS A BASIS TO CLAIM IT WAS PREJUDICED IN ITS INVESTIGATION AND THEN USE THIS ALLEGED “PREJUDICE” AS A BASIS TO CONTINUE DELAYING AND UNDERPAYING THE INSURANCE CLAIM. THESE ACTIONS CONSTITUTE CLAIM DELAY, UNFAIR CLAIMS SETTLEMENT PRACTICES, AND AN UNREASONABLE INVESTIGATION. THESE ACTIONS ARE ALSO BLATANT VIOLATIONS OF FLORIDA STATUTES 624.155(1)(b)(1); 624.155(1)(b)(3); 626.9541(1)(i); AND 626.9541(1)(i)(3)(a). THEY ALSO VIOLATE FLORIDA STATUTE 626.9541(1)(i)(3)(g) AS THERE IS NO BASIS FOR WAITING NEARLY TWO (2) YEARS TO REQUEST THIS INFORMATION OTHER THAN TO CONTINUE DELAYING THE CLAIM. FRONTLINE HAS ALSO FAILED TO CLEARLY EXPLAIN THE NATURE OF THE REQUESTED INFORMATION AND THE REASONS WHY SUCH INFORMATION IS NECESSARY. THIS IS A CLEAR VIOLATION OF FLORIDA STATUTE 626.9541(1)(i)(3)(h). FRONTLINE’S FAILURE TO CONDUCT A REASONABLE INVESTIGATION AND FAILURE TO FULLY PAY THE INSURED FOR THE COVERED LOSS UNDER THE POLICY ISSUED BY FRONTLINE EXHIBITS BAD FAITH. FURTHER, FRONTLINE FAILED TO COMPLY WITH ITS LOSS SETTLEMENT PROVISION. RATHER THAN ISSUING THE PROPER PAYMENT OR ATTEMPTING TO REACH AN AGREEMENT WITH ITS INSURED, FRONTLINE IS DELAYING THE CLAIM. UPON INFORMATION AND BELIEF, FRONTLINE PERFORMS THE SUBJECT ACTIONS AS A BUSINESS PRACTICE, INCLUDING DELAYING THE CLAIM AND DENYING THE CLAIM IN AN ATTEMPT TO DISSUADE ITS INSURED FROM PURSUING THE CLAIM TO THE DETRIMENT OF ITS INSURED TO INCREASE FINANCIAL PROFITS. IN THE EVENT FRONTLINE BELIEVES THIS CIVIL REMEDY NOTICE LACKS INFORMATION NECESSARY FOR FRONTLINE TO CURE THE DEFECTS OUTLINED IN THIS NOTICE, OR THAT IT LACKS REQUIRED SPECIFICS IN ANY WAY, FRONTLINE SHOULD CONTACT THE FILER OF THIS NOTICE DIRECTLY AND ALERT THEM TO THAT AS SOON AS POSSIBLE, PRIOR TO ANY FORMAL RESPONSE. THIS NOTICE IS FILED AND GIVEN TO FRONTLINE TO PERFECT THE RIGHT TO PURSUE THE CIVIL REMEDY THAT SECTION 624.155 AUTHORIZES. TO CURE THE DEFECTS OUTLINED IN THIS CIVIL REMEDY NOTICE, FRONTLINE MUST: (1). ADMIT FULL COVERAGE FOR THE INSURED’S LOSS; (2). PAY IN ACCORDANCE WITH THE ESTIMATE PREPARED BY THE INSURED’S PUBLIC ADJUSTER IN THE AMOUNT OF $112,554.61 LESS ANY APPLICABLE DEDUCTIBLE; (3). WITHDRAW THESE UNREASONABLE AND IRRELVANT REQUESTS NAMED ABOVE. A COPY OF THIS FORM SUBMITTED TO THE FDFS HAS BEEN PROVIDED TO THE FOLLOWING PARTIES PROVIDING THEM NOTICE OF THE FILING OF THE CIVIL REMEDY NOTICE: CLAIMS PORTAL FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE P.O. BOX 958405 LAKE MARY, FL 32795

Comments

User Id		Date Added		Comment
dean@makrislawpa.com		01-27-2025		This Civil Remedy Notice is hereby withdrawn.

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