Filing Number: 805357
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| Filing Accepted: 2/5/2025 |
| Last/Business Name
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KIMBERLY A. POROPAT FORMERLY KNOWN AS KIMBERLY BLOOM
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First Name |
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| Street Address
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9851 NW 47TH DR |
| City, State Zip
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CORAL SPRINGS,
FL
33076
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| Email Address
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KIM.POROPAT@OUTLOOK.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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KIMBERLY A. POROPAT FORMERLY KNOWN AS KIMBERLY BLOOM |
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First Name |
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| Policy # * |
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ARK18177 |
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Claim #* |
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1322835-241013 |
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Attorney is Applicable
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| Last Name* |
GASCO
First Name *
FIORELLA
Initial
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| Street Address* |
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925 FEDERAL HWY |
| City, State Zip* |
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BOCA RATON
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FL
33432
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| Email Address * |
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KIM.POROPAT@OUTLOOK.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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ASI PREFERRED INSURANCE CORP.
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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 13142 |
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| Name of individual responsible for violation (if any):*
JODIE BLAINE SUMMERS
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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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Non-renewal
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Claim Delay
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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)(b) |
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Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
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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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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 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.
Asi Preferred Insurance Corp. (“ASI”) has not attempted, in good faith, to settle Ms. Poropat’s insurance claim and has acted in bad faith. Ms. Poropat’s home sustained substantial damage as a result of a covered loss. ASI was put on notice of the claim and has failed to pay the proper amounts of coverage owed under the subject policy. In fact, on March 18, 2025, ASI issued correspondence stating that the reported loss was denied and that “no sudden and accidental wind damage was found to the roof.” Thereafter, the carrier requested a second inspection of the property. The insured, complying with all of her obligations and in hopes that the carrier would correct its mistake, allowed the carrier to re-inspect the home.
The carrier then had an EFI Global Engineer inspect the property. It was after the second inspection that the carrier notified the insured that there “minor wind damage to the tile roof.” Of course, the carrier still continued to fail to account for all the damage the insured property suffered as a result of the loss. However, it is clear that the carrier continues to get it wrong, just based on its own inspections and determination.
Although knowing that it intentionally fails to provide full coverage for the reported loss, ASI issued a notice of non-renewal. The Carrier’s notice of non-renewal has an expiration date of March 18, 2025, despite the carrier knowing this claim has been disputed since its original coverage determination. This is a disturbing trend by the Carrier essentially telling the Insured it will not afford full coverage for the damages caused by a covered loss, while fully knowing that the insured will very likely be unable to obtain coverage due to the ongoing dispute regarding the instant claim. The Carrier’s actions are both unconscionable and contrary to Florida law and just another instance of bad faith on this file.
Farmers’ action of non-renewing the insureds' policy of insurance while the claim is pending a resolution is bad faith and only done to punish their insured. The Carrier’s actions are in violation of Florida Statutes §§ 624.155(1)(b)(1), 624.155(1)(b)(3), 626.9541(1)(i)(3)(a); 626.9541(1)(i)(3)(b), 626.9541(1)(i)(3)(f), and 627.4133(2).
All of the aforementioned is part of what appears to be an ongoing pattern and practice of behavior of the carrier that it demonstrates a wanton and reckless regard for the insured’s rights and a pattern and practice of bad faith claims practices to its insureds across the state of Florida. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must Reinstate the insured’s policy of insurance.
Please do not hesitate to contact the undersigned or Claudia Osorio at (561)-892-9605 if you have any questions or concerns.
Sincerely,
Fiorella Gasco
Attorney at Law
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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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