Civil Remedy Notice of Insurer Violations
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Filing Number:     804386
Filing Accepted:  1/30/2025
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Complainant
Last/Business Name *  
PAMPADO INVESTMENTS CORPORATION   First Name  
Street Address * 100 PALERMO STREET
City, State Zip * DAVENPORT, FL 33897
Email Address * PAMPADOINVESTMENTSCORP@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   PAMPADO INVESTMENTS CORPORATION   First Name  
Policy # * SDF0012118 Claim #* 2023003675
Attorney
Attorney is Applicable
Last Name* HAMMACK-BARBER First Name * TAMMY Initial
Street Address* 2300 MAITLAND CENTER PARKWAY STE. 106
City, State Zip* MAITLAND , FLORIDA 32751
Email Address * THAMMACK@SERRANOCAGAN.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   SAFE HARBOR INSURANCE COMPANY
NAIC Company Code 12563
 
Name of individual responsible for violation (if any):* ANDREW J. MARSMAN
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Unsatisfactory Settlement Offer
* 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

COVERAGE A - DWELLING and COVERAGE B - OTHER STRUCTURES We insure against risk of sudden and accidental direct physical loss to property described in Coverages and only if that loss is a physical loss to property 10. Collapse. (1) Collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its current intended purpose 13. Loss Payment. We will adjust all losses with you. We will pay you unless some other person is named in the policy or is legally entitled to receive payment. Loss will be payable upon the earliest of the following: a. 20 days after: (1) We receive your proof of loss and reach an agreement with you; or (2) Written executed mediation settlement with you according to the terms of the written mediation settlement; or b. 60 days after we receive your proof of loss and there is an entry of a final judgment, or in the case of an appeal from such judgment, within 60 days from and after the affirmance of the same by appellate court; or c. Within 60 days after we receive notice from you of an initial claim, "reopened claim", or "supplemental claim", we shall pay or deny such claim or a portion of the claim unless the failure to do so is caused by factors beyond our control which reasonably prevent such payment. However, failure to pay or deny within 60 days does not form the sole basis for a private cause of action. However, any payment made by us shall not constitute a waiver of our rights within the policy. In no event will we make duplicate payments for the same element of loss because of the "insured´s" failure to notify us of termination of the "assignment agreement". DEFINITIONS 16. "Vacant" means the dwelling lacks the necessary amenities, adequate furnishings or utilities and services to permit occupancy of the dwelling as a residence. The following policy is relevant to the extent is was quoted in Defendant’s May 24, 2024 coverage letter. COVERAGE A – DWELLING and COVERAGE B – OTHER STRUCTURES We insure against risk of sudden and accidental direct physical loss to property described in Coverages A and B only if that loss is a physical loss to property; however, we do not insure loss: *** 2. Caused by: g. Constant or repeated seepage or leakage of water or steam or the presence or condensation of humidity, moisture or vapor over a period of 14 or more days, unless such seepage or leakage of water or steam or the presence or condensation of humidity, moisture or vapor and the resulting damage is unknown to all insureds and is "hidden" within the walls or ceilings or beneath the floors or above the ceilings of a structure. In the event this exclusion applies, we will not pay for any damages sustained starting from the first day and instance the seepage or leakage of water or steam or the presence or condensation of humidity, moisture, or vapor began; … LIMITED FUNGI, MOLD, WET OR DRY ROT, OR BACTERIA ENDORSEMENT. Other Coverages … 12. Fungi", Mold, Wet or Dry Rot, Or Bacteria Paragraph a. is replaced with the following: a. We will pay up to the amount stated in the Declarations for Limit of Liability for “Fungi” Coverage for: (1) The total of all loss payable under Coverages caused by or resulting directly or indirectly from "fungi", mold, wet or dry rot, or bacteria; (2) The cost to remove “fungi”, mold, wet or dry rot, or bacteria from property covered under Coverages. (3) The cost to tear out and replace any part of the building or other covered property as needed to gain access to the "fungi", mold, wet or dry rot, or bacteria; and (4) The cost of testing of air or property to confirm the absence, presence or level of "fungi", mold, wet or dry rot, or bacteria whether performed prior to, during or after removal, repair, restoration or replacement. The cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of "fungi", mold, wet or dry rot, or bacteria. The following policy is relevant to the extent is was quoted in Defendant’s September 26, 2024 coverage letter. CONDITIONS … 4. Your Duties After Loss. An “assignment agreement” does not change the obligations to perform the duties required under this policy. a. In case of a loss to covered property we have no duty to provide coverage under this policy to you or an “insured” seeking coverage, if the failure to comply with the following duties is prejudicial to us. You, an “insured” seeking coverage, or a representative of either must see that the following are done: (1) Give immediate notice to us or our agent. … (4) Protect the property from further damage. The following must be performed: (a) Take reasonable emergency measures necessary to protect the covered property from further damage as provided under Other Coverages 6. A reasonable emergency measure under 4.a.(4)(a) above may include a permanent repair when necessary to protect the covered property from further damage or to prevent unwanted entry to the property. To the degree reasonably possible the damaged property must be retained for us or any other person acting on our behalf to inspect; and (b) Keep an accurate record of repair expenses;
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

On November 14, 2023, the Raquel Pampado, on behalf of Pampado Investments Corp, reported a claim to Safe Harbor Insurance company. She reported a plumbing leak to her property, which she was informed of on that same date. In addition to immediately reporting the loss, Ms. Pampado also on the same day had a friend go by the property and booked a flight for her husband, Mr. Pampado, from Brazil to the property in Florida to meet with the adjuster. On November 17, 2023, Safe Harbor performed its inspection at the property. The property had sustained extensive water damage from a burst supply line on the second floor, as confirmed by a plumber Ms. Pampado had hired to perform an emergency repair to the supply line. It should be noted that the plumber provided three separate documents stating that the supply line had “burst,” and Safe Harbor is and has been aware of this since at least April 30, 2024, when Ms. Pampado completed an examination under oath per Safe Harbor’s request. Nevertheless, after the completion of the EUO on March 24, 2024, Safe Harbor insurance company issued a letter drafted by Andrew J. Marsman, that falsely stated that the constant or repeated seepage or leakage exclusion applies to this claim. This statement is false because as Safe Habor knows, this exclusion does not apply to a burst plumbing line that is discharging large amounts of water, which is not seepage or leakage. The letter also falsely states that long term water damage is not covered under the policy, which is a material misrepresentation of the coverage available since it is much broader than the narrow repeated seepage or leakage exclusion. Furthermore, the insurance policy expressly covers accidental discharge of water from a plumbing, which is what occurred for this loss. Despite this misrepresentation, the letter goes on to extend coverage for both water mitigation and mold remediation. The letter goes on to state that if additional damages are found during the covered reconstruction, the insured may submit a supplemental claim. The insured did submit a sworn statement in proof of loss detailing the full cost of the reconstruction, along with an estimate. In response to this, Safe Habor issued a letter dated September 6, 2024, authored by Andrew J. Marsman. In this letter the misrepresentation of the repeated seepage or leakage exclusion applying to this claim is repeated, along with a false statement that the insured not residing at the property on the date of loss invalidates the claim. Furthermore, despite being well aware that a part of the property collapsed, Safe Habor failed to extend any coverage under the additional coverage that expressly covers collapse in the policy and failed to include this applicable coverage in its coverage letters. It should be noted that this additional coverage is not affected by whether the property was occupied. The above stated material misrepresentations violate of Fla. Stat. 626.9541(1)(i)(2) and Fla. Stat. 626.9541(1)(i)(3)(b). Furthermore, throughout Safe Habor’s prolonged investigation of the claim, Safe Harbor has failed to make a good faith effort to settle this claim in violation of 624.155(1)(b)(1). The insurer can cure its bad faith conduct by: 1) accepting the insured’s claim as compensable, and agreeing to pay the claim in accordance with its loss settlement provision prior to the expiration of the cure period or 2) reaching an amicable settlement of the pending claim prior to the expiration of the cure period. By doing either of these things, the insurer will cure its bad faith in this case, and extinguish any and all of its liability for all bad faith damages which could be sought pursuant to this Civil Remedy Notice.
Comments
User Id Date Added Comment
thammack@serranocagan.com 03-20-2025 In response to insurer's request for a more specific cure the insured states as follows: The insurer can cure its bad faith conduct by: 1) accepting the insured’s claim as compensable, and agreeing to pay the claim in accordance with its loss settlement provision prior to the expiration of the cure period, or 2) reaching an amicable settlement of the pending claim prior to the expiration of the cure period, or 3) or paying the insureds estimate amount of $165,373.00, less prior payments, the deductible, and the applicable mold limit. If the insurer believes it should be able to cure the alleged violation by paying some other amount, please let us know what that amount is and the basis for it so that we can consider amending the amount requested. By doing any one of these things, the insurer will cure its bad faith in this case, and extinguish any and all of its liability for all bad faith damages which could be sought pursuant to this Civil Remedy Notice.
tkeller@butlerpappas.com 02-20-2025 Safe Harbor Insurance Company has responded to this Civil Remedy Notice in a February 20, 2025 letter sent directly to Attorney Tammy Hammack-Barber, Esq.
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