Civil Remedy Notice of Insurer Violations
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Filing Number:     804102
Filing Accepted:  1/29/2025
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Complainant
Last/Business Name *  
ROMERO   First Name   NATALIE
Street Address * 7800 CONGRESS AVENUE #108,
City, State Zip * BOCA RATON, FL 33487
Email Address * TEAM14@SHINERLAWGROUP.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   996 826 ONTARIO, INC   First Name  
Policy # * BPG28126 Claim #* 01-005-873719
Attorney
Attorney is Applicable
Last Name* GRAVES First Name * BRYAN Initial
Street Address* 7800 CONGRESS AVENUE #108,
City, State Zip* BOCA RATON , FL 33487
Email Address * TEAM14@SHINERLAWGROUP.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   MAIN STREET AMERICA PROTECTION INSURANCE COMPANY
NAIC Company Code 13026
 
Name of individual responsible for violation (if any):* BRENDA MALONEY (608) 722-2957
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
Claim Denial
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.
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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Main Street America Insurance failed to provide a Certified Copy of the Policy to our office that was requested on February 28, 2023 via Certified and Regular Mail.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

On January 18, 2023, Natalie Romero was a customer of the FedEx store located at 2501 N. Federal Hwy, Boca Raton FL 33431. Unfortunately, your insured failed to maintain the premises in a safe condition for its customers. Consequently, our client was seriously injured on the above date. The front of the store is elevated from the pavement and a curb is utilized as a step. The front of the store is designed in this way along multiple access points to the store. There is no railing present to stop the means of ingress or egress along these points. Ms. Romero presented to Dr. G’s Urgent Care reported rolling her ankle on the above date and pain that persisted to her left foot. Bruising was noted by her providers. X-rays of the left ankle and foot were performed. She was discharged with medication to help with her symptoms. She was also administered a walker for assisted mobility. Ms. Romero continued to treat for her injuries and on September 3, 2024, an injury demand was sent to the Adjuster, Brenda Maloney, that is handling the injury case on behalf of Main Street America Insurance who insures the property. On September 12, 2024, Brenda Maloney responded with an outright denial that only stated that there was no evidence that their insured was negligent without performing a sufficient and thorough investigation. Main Street America Insurance is acting in Bad Faith for failure in making efforts of resolving this injury claim. Main Street America Insurance's actions show that Main Street America Insurance acted in Bad Faith and is in violation of Florida law by not attempting to settle this claim when, under the all the circumstances, it should have done so and acted fairly and honestly towards its insured without due regard for their insured's interest. Main Street America Insurance has failed to adopt and implement standards of the proper investigation of claims and this is evident by their failure to protect their insured within the available policy limits, and this conduct clearly constitutes Unfair Claim Settlement practices and is subjecting its insured to unnecessary litigation.
Comments
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