Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 805668

Filing Accepted: 2/7/2025

Print Filing

Complainant

Last/Business Name *

MONROE

First Name

CHAD

Street Address *

888 CYPRESS COVE WAY

City, State Zip *

TARPON SPRING, FL 34688

Email Address *

CHAD@MONROEDEVELOPMENTGROUP.COM

Complainant Type: *

Insured

Last/Business Name*		MONROE		First Name		CHAD
Policy # *		9109021079		Claim #*		01000114744

Attorney

Attorney is Applicable

Last Name*	STAGGS First Name * KYLE Initial B
Street Address*		1715 W. CLEVELAND STREET
City, State Zip*		TAMPA , FLORIDA 33606
Email Address *		COURTDOCS@WILLIAMSPA.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):* ALL ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY FIRST PROTECTIVE INSURANCE COMPANY IN THIS CLAIM.
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Claim Denial
	Claim Delay
	Unsatisfactory Settlement Offer
	Unfair Trade Practice
	Other : Failure to Properly Investigate Claim and with Due Regard to Insured's Interest
	Other : Failure to Pay the Claim in Full

* 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.
	626.9541(1)(i)(3)(d)		Denying claims without conducting reasonable investigations based upon available information.

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

RELEVANT POLICY LANGUAGE The specific policy language that is believed to be relevant to the violations includes, but is not limited to, the following: See Subject Policy issued by Front-line, Policy No.: 9109021079 loss payment provision, policy definitions, and policy exclusions section.

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

RELEVANT POLICY LANGUAGE The specific policy language that is believed to be relevant to the violations includes, but is not limited to, the following: See Subject Policy issued by Front-line, Policy No.: 9109021079 loss payment provision, policy definitions, and policy exclusions section. CRN Facts and Circumstances This Civil Remedy Notice ("CRN") is submitted on behalf of Chad Monroe and Deana Monroe ("Insureds") regarding claim number 01000114744, filed with First Protective Insurance Company ("Insurer"). This CRN serves to notify the Insurer of its violations of Florida law and policy obligations in the handling of the Insureds’ valid claim for damages sustained at their property located at 888 Cypress Cove Way, Tarpon Springs, FL 34688 ("Subject Property"). On July 16, 2024, the Insureds’ property sustained damage due to a lightning strike. The impact caused significant damage to the tile roof system, leading to water intrusion into the bathroom beneath it. The force of the strike also dislodged a smoke detector from the hallway ceiling and knocked a shelf off the wall in an adjacent bedroom. Recognizing the severity of the damage, the Insureds promptly filed a claim on July 23, 2024. Following the claim filing, the Insurer initiated its investigation, assigning field adjuster Ethan Finley to inspect the property on August 2, 2024. Subsequently, the Insurer engaged engineer Carean Cramer, who conducted an inspection on August 26, 2024. Despite having ample time and resources to assess the claim, the Insurer failed to issue a coverage determination in a timely manner. It was not until October 28, 2024—more than 95 days after the claim was reported—that the Insurer issued a partial denial letter. The coverage determination denied compensation for roof and exterior damages, alleging that the dam-age was not caused by a covered peril. The denial was not supported by a reasonable investigation or a fair interpretation of the policy. Further, while the Insurer acknowledged coverage for the interior damages, it undervalued the loss by asserting that the repair costs fell below the $2,500 deductible, thereby issuing no payment to the Insureds. This underestimation of damages was conducted in bad faith, as it disregarded the true extent of the loss. The Insurer conducted a limited and inadequate investigation, resulting in an improper denial and underpayment of the claim. The investigation was designed to minimize liability rather than to fairly evaluate the damage and provide coverage as required by the policy. The Insurer failed to issue a coverage determination within 90 days of the claim being reported, violating Florida law. The Insurer refused to acknowledge and pay the full amount of the claim despite clear evidence supporting coverage. Instead, it has forced the Insureds to pursue an appraisal, delaying resolution and increasing the burden on the policyholders. The Insurer has also failed to respond to communications within the legally required time frame. The Insureds, through their representatives, have made repeated follow-up requests for the name and contact information of the Insurer’s appraiser, yet the Insurer has failed to provide this information. The Insureds invoked appraisal on December 12, 2024, and the Insurer had a duty to respond with the name of its appraiser within 20 days. However, as of today—56 days later—the Insurer has still not provided this critical information. This blatant disregard for the policy conditions further demonstrates the Insurer’s bad faith handling of the claim. As a result of the Insurer’s wrongful conduct, the Insureds have suffered significant damages, including unnecessary delay in receiving policy benefits, additional out-of-pocket expenses due to the Insurer’s refusal to properly investigate and evaluate the loss, financial hardship caused by the loss of use of funds rightfully owed under the policy, and emotional distress and inconvenience resulting from the Insurer’s continued delay tactics. To cure the violations outlined in this Civil Remedy Notice, the Insurer must immediately tender full payment for all covered damages to ensure the Insureds are made whole. The Insurer must issue a corrected coverage determination acknowledging coverage for the roof and exterior damage. The Insurer must provide the name and contact information of the designated appraiser without further delay. The Insurer must cease all bad faith delay tactics and act in accordance with its contractual and statutory obligations. The Insurer must also compensate the Insureds for the time and resources expended due to the Insurer’s bad faith actions and the loss of use of funds. If the Insurer fails to take immediate corrective action, the Insureds will have no choice but to pursue all available legal remedies, including but not limited to a bad faith lawsuit seeking damages in excess of the policy limits, attorneys' fees, and costs. The Insurer's conduct demonstrates a pattern of unfair claim settlement practices that must be addressed. The Insureds reserve all rights under Florida law and demand that the Insurer act in good faith and fulfill its contractual obligations immediately.

Comments

User Id		Date Added		Comment
bkelley@wallenkelley.com		04-07-2025		Florida Department of Financial Services Consumer Assistance/Civil Remedy Section Larson Bldg., 200 E. Gaines Street Tallahassee, Florida 32399-0322 Re: Complainant: Chad Monroe Address: 888 Cypress Cove Way, Tarpon Spring, FL 34688 Email: chad@monroedevelopmentgroup.com Insureds: Chad and Deana Monroe Policy #: 9109021079 Claim: 01000114744 Attorney: Kyle B. Staggs, Esq. Email: courtdocs@williamspa.com Address: 1715 W. Cleveland Street, Tampa, FL 33606 DOI File #: 805668 Date of Acceptance: February 7, 2025 To Whom It May Concern: Please accept this as the response of First Protective Insurance Company ("Frontline") to the Civil Remedy Notice filed by the Complainant, Chad Monroe. It should be noted on the onset that this Civil Remedy Notice is deficient on its face, for it fails to name a second Insured, Deana Monroe. Nevertheless, Frontline’s response is specifically in regard to Claim 01000114744, which is related to a claim for Insureds’ property located at 888 Cypress Cove Way, Tarpon Spring, FL 34688, which was insured by Frontline under Policy # 9109021079 with effective dates of that Policy being May 28, 2024, through May 28, 2025, and was in effect on the alleged date of loss, July 16, 2024. Statement of Facts This matter arises from an alleged lightning claim at the Insureds’ Tarpon Spring, Florida residence. For the convenience of the reader, I have broken down the Statement of Facts that will detail Frontline’s handling of the file. 1. Claim: 01000114744 The instant claim was reported to Frontline on July 23, 2024, with the alleged date of loss of July 16, 2024. After receipt of the claim, Frontline assigned a claim number, 01000114744, and, on July 23, 2024, sent an acknowledgment letter to the Insureds. In addition, Frontline provided a Homeowners’ Bill of Rights to inform them of their rights under the Policy. Frontline also sent correspondence requesting an executed sworn proof of loss in an effort to ascertain the amount of damages being claimed and a third letter informing the Insureds of their right to mediate the claim. Specifically, the claim notification letter stated: “This communication is intended to confirm receipt of the above-captioned claim, filed under your Frontline insurance policy. Your claim will be handled by Frontline’s claim team, who will contact you to discuss the claims process, initiate an investigation and arrange for an inspection of the loss, as needed. As required by your policy conditions, please take the necessary steps to protect covered property from further damage. Additionally, please photograph, document, and save all receipts for any emergency or temporary repairs. Please also retain for our inspection all damaged property. Please be advised that in order to adequately investigate your claim, Frontline is requesting you complete, sign, date, notarize and return to Frontline the enclosed Proof of Loss and Claim for Damaged Property forms within thirty (30) days from the date of this letter. Frontline may also require you and/or any others to submit to an Examination Under Oath to discuss the circumstances of the claim(s). These requests are made pursuant to the policy conditions outlined in Section I – Conditions … Your Duties After Loss, which we encourage you to carefully review in your Frontline policy of insurance. Thank you for insuring with Frontline. We appreciate your business and look forward to working together to solve this matter.” On July 24, 2024, Frontline’s Desk Adjuster, Tricia Harris, called the Insureds’ Public Adjuster, Callaghan Keane, and left a voicemail introducing herself and requesting a Sworn Proof of Loss and Recorded Statement. On Ms. Harris’ second call attempt that day, the Public Adjuster’s assistant answered and stated that she would handle planning the Recorded Statement and other aspects of the claim. Later that day, on July 24, 2024, the Insureds’ Public Adjuster’s assistant called Frontline and asked if July 31, 2024 was available, and Frontline agreed. Thus, in an email exchange between Frontline’s Desk Adjuster and the Insureds’ Public Adjuster’s assistant, the Recorded Statement was scheduled for July 31, 2024. Following receipt of the Insureds’ Public Adjuster’s Letter of Representation stating that they would be representing the Insureds for the claim, on July 25, 2024, Frontline sent an acknowledgment letter to Ask an Adjuster that stated as follows: “This serves to acknowledge our receipt of your Letter of Representation between our policyholders Chad and Deana Monroe and Ask An Adjuster. These documents were submitted and addressed to Frontline Insurance and received on July 23, 2024. As we continue to evaluate this claim, we look forward to working with you to discuss the facts and circumstances to determine if the policy covers the loss. Should you have any questions or concerns please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. EST. I can be reached at (877) 744-5224 ext. 5516. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” Thereafter, Frontline retained the services of a licensed Field Adjuster, Ethan Finley of Straight Line Global, to inspect the property. On July 25, 2024, Mr. Finley scheduled the inspection with the Insureds’ Public Adjuster for August 2, 2024. On July 29, 2024, Frontline’s Desk Adjuster sent the Insureds and their Public Adjuster an email that stated: “I am the handing adjuster on your claim and therefore will be your main point of contact for all questions and concerns you may have regarding your file. At this time Frontline does not authorize you to exceed the Reasonable Emergency Limit as set forth in the policy. We are in receipt of your public adjusters’ letter of representation. Please note, an insured may cancel a public adjuster’s contract to adjust a claim without penalty or obligation within 10 days after the date on which the contract is executed. Additionally, your public adjuster must provide you with a written estimate of the loss to assist in the submission of a proof of loss, or any other claim for payment of insurance proceeds within 60 days after the date of the contract. The written estimate must include an itemized, per-unit estimate of the repairs, including itemized information on equipment, materials, labor, and supplies, in accordance with accepted industry standards. In order to promptly investigate your claim, Frontlines needs timely access to the property. Accordingly, and in compliance with Florida Statute 626.854. Please review the following information that is being requested from you as well an advisement as to what you can expect to occur over the next few weeks: - Our field adjuster has scheduled an appointment for August 02, 2024 to complete the inspection of your home. This appointment was based on your public adjusters availability. - Please allow up to 14 business days from the inspection date to hear back from me regarding the results, or to provide an update. - During this time, if you have any documents, invoices, pictures that could assist with the claim, please upload these documents via our website at https://www.frontlineinsurance.com select “file a claim”, then select “upload documents to an existing claim”. - You may receive a Sworn Proof of Loss Letter from us via the mail. Once completed, please upload this document to us via our website at https://www.frontlineinsurance.com select “file a claim”, then select “upload documents to an existing claim”. - Please keep any and all failed components or parts if at all possible until such items are inspected. - We are scheduled to completed your recorded statement on July 31, 2024 at 10:00 A.M.. - Fire Department Report: Please obtain and forward a copy of the report from the responding department. Again, should you have any questions or concerns, or have any additional information you would like to be considered, please feel free to contact me Monday through Friday between the hours of 8 a.m. and 5 p.m. EST. I can be reached at 407-358-5516. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” On July 31, 2024, the Insureds gave their Recorded Statement where they stated that, while on vacation, they received a call from ADT that their fire detector was going off and that the fire department was dispatched to their home. Although there was no fire and no smoke, they stated that lightening struck their home which damaged the ceiling and some items that fell off a wall. They subsequently retained a roofer, HM Butler Roofing, a friend of theirs, who stated there was a hole in the roof after climbing up there. HM Butler Roofing then referred the Insureds to Ask an Adjuster, who subsequently inspected the property and helped the Insureds submit the claim. On this call, Frontline’s Desk Adjuster then requested information about damages as a result of the lightning strike as well as prior damages and repairs made to the property. Following the Recorded Statement, and in an abundance of caution, on August 1, 2024, Frontline sent a Reservation of Rights letter to the Insureds and their representatives that stated: “We received your claim on July 23, 2024, for lightning damage to your roof and gutters with ensuing water intrusion in a bedroom and hallway with a reported date of loss of July 16, 2024. On July 24, 2024, I attempted to coordinate a time to speak with you, in an effort to verify the details surrounding your loss. The earliest date provided by you was July 31, 2024. During our conversation, you advised you were informed of the loss by your alarm company on July 16, 2024, and made immediate contact with a HM Butler Roofing and Ask An Adjuster, but you did not notify Frontline. We are issuing this reservation of rights letter to you because there is a question as to whether Frontline is obligated to indemnify you under the policy for the reported loss. Frontline will evaluate every claim which is reported to us and make payment for those losses which are covered under your policy number 9109021079, with effective dates of May 28, 2024 to May 24, 2025; however, we must inform you that based on our preliminary evaluation, we have identified issues that may restrict, limit or exclude coverage, and we will be continuing our evaluation under a Reservation of Rights. Failure to comply with the following “Duties After Loss” may have jeopardized, or may result in prejudice to, Frontline’s evaluation of this claim: • It is questionable whether you protected the insured property from further damage. • It is questionable whether you have kept an accurate record of the repair expenses. • It is questionable whether you have shown us the damaged property and the cause of loss and the condition it was in at the time of loss. In addition, the following policy exclusions may apply to the loss based on the facts provided to Frontline thus far: • It is questionable whether the loss was caused by wear and tear, marring, deterioration. • It is questionable whether the loss was caused by settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings. Your policy, HOMEOWNERS 3 – SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS – FLORIDA FIM 00 23 05 23, states in relevant part: SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. "Your" Duties After Loss. An assignment agreement does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. Give immediate notice to us or our agent. b. Except for Reasonable Emergency Measures taken under Additional Coverages 2., there is no coverage for repairs that begin before the earlier of: (1) 72 hours after we are notified of the loss; (2) The time of loss inspection by us; or (3) The time of other approval by us. If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures beg ins the earlier of when we are given access to inspect the loss or when we fail to appear at a scheduled loss inspection. 2. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence premises” and make copies of the photographs. 5. Protect the property from further damage. The following must be performed: a. Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverage 2. A reasonable emergency measure under 2.e. 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 to inspect. b. Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. 6. Cooperate with us in the investigation of a claim. This includes speaking to and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You. any "insured" seeking coverage. or a representative of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation. 8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if reasonably possible, except as to any repairs performed under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Provide us with records and documents we request and permit us to make copies; c. 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: (1) 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;" 9. After notifying us of the loss, submit to us, within 30 days after notification, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: a. The description of the loss, including the date and time of the loss, the cause of loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss; b. The names of all persons who resided at the insured location at the time of the loss; c. The interest of all "insureds," assignees if any, and all others in the property involved and all liens on the property; d. Other insurance which may cover the loss; e. Changes in title or occupancy of the property during the term of the policy; f. Specifications of damage to the dwelling and other structures, including; (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary or permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; g. The inventory of damaged personal property described in C.7. above; h. Receipts for additional living expenses incurred and records that support the fair rental value; and i. Evidence or affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. For the reasons set forth above, and for any other good and valid reasons which may become known during our evaluation of this claim, you are notified that any action taken by Frontline or its authorized representatives to evaluate the cause of loss, determine the amount of loss or damage, or attempt to adjust any claim arising out of the alleged loss shall not waive any of the terms or conditions of the policy of insurance described above. Frontline does not intend by this letter to waive any policy defenses in addition to those stated above, but specifically reserves its right to assert such additional policy defenses at any time. In additional to the Sworn Proof of Loss requested in our letter dated July 23, 2024, please refer to the email dated July 29, 2024, in which we request that you provide the following documents and information that are material to Frontline’s evaluation of your claim: • Cause of Loss Documentation: Retain and provide evidence of the cause of loss and provide documentation as to the repair of the source of loss. • Fire Department Report: Please obtain and forward a copy of the report from the responding department. • Photos/Videos: All photos and videos taken at the time of the loss and of the damage(s) being claimed. • Inspection: Our field adjuster has scheduled an inspection of the insured property for August 02, 2024, based on your public adjusters’ availability. We asked that you attend the inspection. • Emergency Services Documents: Submit all documents from the (name of mitigation company) including but not limited to the signed contract, photos, dry logs, moisture readings, estimate and invoice. • Rebuild Estimates/Invoices: Submit all related estimates, invoices, contracts, Assignment of Benefits, work authorizations, photos and supporting documentation from all repair firms. (If we are aware of any contractors, include the following language “including but not limited to all related documents from (name of contractor(s)”). • Proof of Loss: Submit a Sworn Statement in Proof of Loss executed by all named insureds. Please provide the requested information through the web portal at www.frontlineinsurance.com (Main Menu > Upload Claim Documents). Should you have any questions or concerns, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (877) 744-5224 ext. 5516. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” On August 1, 2024, Frontline’s retained Field Adjuster, Ethan Finley of Straight Line Global, inspected the property in the presence of the Insureds’ Public Adjuster. During the inspection, Mr. Finley took photographs of the interior, exterior, and roof of the home. He subsequently prepared a report summarizing his findings and sent the photographs and findings to Frontline for review. Following receipt of the Public Adjuster’s and Field Adjuster’s estimates, and seeing a discrepancy in them, on August 15, 2024, Frontline retained the services of a licensed Professional Engineer, Careen Cramer of Root Cause Consulting, to inspect the property to perform a cause and origin analysis of the damages at the property. On August 16, 2024, Ms. Cramer scheduled an inspection with the Insureds’ Public Adjuster. On August 19, 2024, Frontline received the Insureds’ Sworn proof of Loss. Thus, on August 28, 2024, Frontline sent an acknowledgment letter that stated: “We acknowledge receipt of your Sworn Statement in Proof of Loss (“Proof of Loss”) on August 19, 2024. We can neither accept nor reject your Proof of Loss as our evaluation of your claim is ongoing. To assist in our evaluation of your claim, we continue to ask that you provide us with the following information/documentation: 1. Emergency Service Documents Please submit the requested information through the web portal at www.frontlineinsurance.com (Main Menu > Upload Claim Documents). Should you have any questions or concerns, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (877) 744-5224 ext. 5516. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” On September 4, 2024, Ms. Cramer inspected the Insureds’ property. During the inspection, she took photographs of the interior, exterior, and roof of the home in order to later document her findings in a report. Her report was sent to Frontline on September 19, 2024, and it concluded: “1) No lightning damage was found to the concrete roof tiles. The tile identified by others as lightning damage was a defective tile stained with algae. 2) The multiple fractured tiles located throughout the roofing system were caused by foot traffic and thermal movements of the roof assembly relative to the tile and were not attributed to wind uplift from a storm event on or around the reported date of loss. 3) The loose and detached ridge and hip tiles were due to thermal movements of the roof assembly causing the mortar to detach from the tiles. 4) The extent of storm damage to the roof covering was zero percent of the overall roof area; therefore, the 25 percent threshold specified in the Code is not exceeded, and individual spot repairs can be performed. 5) The fractures in the stucco covering the second-story walls were not the result of a lightning strike. The cause of the cracks in the stucco veneer was stucco shrinkage. The cracks are long-term in nature, having been occurring for several years before the reported date of loss. The deteriorated condition of the exterior paint is a contributing factor to the cracks observed. 6) The cause of the stains observed on the hall bathroom ceiling was exposure to moisture infiltrating the roof. The source of the moisture was most likely a flashing failure at the exhaust vent or water penetrating at the cracked stucco wall adjacent to the bathroom. The light color of the ceiling stains indicated that moisture had affected the ceiling recently during a one-time event corresponding with the reported date of loss.” On October 21, 2024, on a phone call between Frontline’s Desk Adjuster, Tricia Harris, and the Insureds’ Public Adjuster, Ms. Harris advised the Public Adjuster that the lightening strike on the date of loss was several miles away and that a coverage decision remained pending. On October 28, 2024, Frontline sent a coverage decision letter to the Insureds that stated as follows: “This letter follows my conversation with your public adjuster, Callaghan Keane on October 21, 2024, when we discussed the results of our evaluation and the policy provisions which apply to your claim. Frontline evaluated the claim you reported on July 23, 2024, for lightening damage to the roof with associated interior damage. As part of that evaluation, Frontline inspected the insured location on August 01, 2024, and again on September 04, 2024. The inspections revealed chipped and cracked tiles caused by foot traffic and thermal movement. It also revealed multiple defective tiles that have been deteriorating over time. Cracks in the exterior stucco were the result of shrinkage and inadequate maintenance of the stucco. Although there were loose tiles and a detached ridge cap, it was determined this damage was the result of mortar failure from thermal expansion over time and not the result of a single event. Although the claim was filed for lightning damage, the interior damage appears to be the result of moisture intrusion caused by either a flashing failure or seepage through the stucco cracks on the reported date of loss. According to your recorded statement on our conversation on July 25, 2024, you indicated you were notified by ADT, and you called your daughter to meet the fire department at your property. You advised the cover for the CO2 detector and a shelf were on the ground because of, an alleged lightning strike. A review of the report provided by the fire department indicates your daughter contacted them to report the incident. You also advised you were claiming the stucco cracks, as they did not exist prior to the lightning strike. However, evaluation of the cracks confirmed prior repair attempts along with algae growth emanating from the cracks. The paint was chalky indicating it was weathered from long-term exposure to the elements. One area on the roof that your public adjuster claims is a “scorch mark” was determined to be algae. There was no charring or melting on the tile or underlayment. Overall, the roof exhibited algae growth on tiles throughout the roofs surface. Upon review of the weather data for the reported date of loss, Frontline was able to confirm the presence of lightning strikes near your property, However, our evaluation determined the reported damage was not caused by e any of the confirmed strikes. Frontline also reviewed historical weather data for wind and hail related events and was unable to locate any evidence of elevated winds or the presence of hail on the reported date of loss. Based upon Frontline’s current and ongoing evaluation, as well as the information you have provided to date, enclosed is the estimate for your covered interior damage that occurred on the bathroom ceiling, and a Statement of Loss providing a breakdown of your claim. As you will note, the loss of $382.61 is less than the policy deductible of $2,500.00. As a result, we are not able to extend payment at this time. Notwithstanding your failure to comply with certain obligations following a loss and our resulting compromised investigative position, your policy does not provide coverage for damages resulting from wear, tear, and deterioration or expansion and contraction, foot traffic or defective materials used in repair or construction. Additionally, your policy excludes coverage for damage that preexisted the reported claim. Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. As such, based upon the terms and conditions of your insurance policy, and the documentation received to date, Frontline must respectfully partially deny the roof portion of your claim. Accordingly, we direct you to your policy, HOMEOWNERS 3 – SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS – FLORIDA FIM 00 23 05 23, which state in relevant part: SECTION I - PERILS INSURED AGAINST Paragraph A.1. in Form HO 00 03 is deleted and replaced by the following: 1. We insure for sudden and accidental direct physical loss to covered property described in Coverages A and B unless the loss is otherwise excluded or limited in this policy. However, loss does not include, and we will not pay for, any "diminution in value.” 2. We do not insure, however, for loss: a. Excluded under Section I - Exclusions; c. Caused by: (6) Any of the following: (a) Wear and tear, marring, deterioration; (f) Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings; SECTION I - EXCLUSIONS A. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 11. Existing Damage, meaning: a. Damages which occurred prior to policy inception regardless of whether such damages were apparent at the time of the inception of this policy or discovered at a later date; or b. Claims for damages arising out of workmanship, repairs or lack of repairs arising from damage which occurred prior to policy inception. However, any ensuing loss, which occurs during the policy period, arising out of workmanship, repairs or lack of repairs, caused by a Peril Insured Against, to property described under Section I - Property Coverages, is covered unless the loss is otherwise excluded in the policy. This exclusion does not apply in the event of a total loss caused by a Peril Insured Against.(This is exclusion A.11. in the HO 00 03) B. We do not insure for loss to property described in Coverages A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered. 1. Weather conditions. However, this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in A. above to produce the loss. 3. Faulty, inadequate or defective: b. Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; c. Materials used in repair, construction, renovation or remodeling; or d. Maintenance; of part or all of any property whether on or off the "residence premises". The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Please note the following Duties After Loss in your policy, HOMEOWNERS 3 – SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS – FLORIDA FIM 00 23 05 23, which state in relevant part: SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. Duties After Loss. An “assignment agreement" does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. "Your" Duties After Loss b. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence premises" and make copies of the photographs. e. Protect the property from further damage. The following must be performed: (2) Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. f. Cooperate with us in the investigation of a claim. This includes speaking to and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any "insured" seeking coverage, or a representative of either of these: (1) Must cooperate with our investigation; (2) Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and (3) May not act in any manner to obstruct our investigation. h. As often as we reasonably require: (1) Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I – PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; (2) Provide us with records and documents we request and permit us to make copies; (8) For losses covered under Coverage A and B, allow us to reinspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by any "assignees(s)" or third parties were completed, or following a supplemental or re-opened claim. j. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: (1) As this information becomes available, and if additional loss or damage is discovered or incurred; and (2) If you are provided with new estimates or invoices regarding tile losses submitted or not submitted in the proof of loss. The duties above apply regardless of whether you, an "insured" seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice or expert claim advice. regarding an Insurance claim under this Policy. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. If we fail to agree on the settlement of your loss, either you or we may demand a mediation in accordance with the rules established by the Florida Department of Financial Services and as stated in your policy. Your policy states in relevant part: SECTION I - CONDITIONS In Forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced by the following: F. Mediation or Appraisal. If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: 1. Demand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services. The loss must be $500 or more, prior to the application of the deductible; or there must be a difference of $500 or more between the loss settlement amount we offer and the loss settlement amount that you request. The settlement in the course of the mediation is binding only if both parties agree, in writing, on a settlement and you have not rescinded the settlement within 3 business days after reaching settlement. You may not rescind the settlement after cashing or depositing the settlement check or draft we provided to you. We will pay the cost of conducting any mediation conference except when you fail to appear at a conference. That conference will then be rescheduled upon your payment of the mediator's fee for that rescheduled conference. However, if we fail to appear at a mediation conference, we will pay the actual cash expenses you incur in attending the conference and also pay the mediator's fee for that rescheduled conference. If, however, we demanded the mediation and either party rejects the mediation results, you are not required to submit to, or participate in, any appraisal of the loss as a precondition to action against us for failure to pay the loss. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Once you have selected a contractor to complete the covered repairs to your home, if the estimate for repairs exceeds the enclosed estimate and/or if additional damages are discovered you must immediately inform us by producing any updates to documents including revised descriptions of the loss, scope of loss, estimates, or other supporting documentation and allow an inspection before repairs are made. Failure to do so may jeopardize your ability to recover for the full amount of the additional damages. Frontline reserves the right to inspect the property and/or requires additional information prior to the release of any funds. Frontline does not intend by this letter to waive any policy defenses in addition to those stated above, but specifically reserves its right to assert additional policy defenses at any time. WE ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US. Should you have any questions or concerns or have any additional information you would like to be considered, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. EST. I can be reached at 407-358-5516. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” On November 6, 2024, following a request from the Insureds’ Public Adjuster, Frontline emailed the Public Adjuster the Field Adjuster’s estimate and Professional Engineer’s report. On December 12, 2024, the Insureds, through their Public Adjuster, invoked appraisal for their claim. Thus, on January 3, 2025, Frontline sent an acknowledgment letter that stated: “This letter is to confirm receipt of the appraiser’s contact information submitted by Ask An Adjuster on December 12, 2024, appointing Lari Piscitelli. The appraisers will choose an umpire within 15 days. If they cannot agree upon an umpire within 15 days, we may request that the choice be made by a judge. Each party will pay its own appraiser, including their costs associated with producing the appraisal estimate; and bear the other expenses of the appraisal and umpire equally. The appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. All parties have agreed to participate in the Appraisal process with regard to eligible aspects of the referenced claim and applicable provisions of your homeowner’s insurance policy. While Frontline agrees to participate in Appraisal in order to set the amount of loss, be reminded, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. The report of the agreement will be in writing and shall include the following: • A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; • The agreed amount of each item, its replacement cost value and corresponding actual cash value; and • The statement of “This award is made subject to the terms and conditions of the policy.” The final award form, which will be provided by Frontline, will be subject to reduction according to the terms and conditions of the policy, including, but not limited to, applicable policy sub-limits, all loss settlement provisions, all applicable deductibles, and prior payments. Additionally, the award is further subject to revision according to coverage under the policy. The appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Please review your policy, the HOMEOWNERS 3 SPECIAL FORM HO 00 03 05 11, as amended by the SPECIAL PROVISIONS FIM 00 23 05 23, which provides in part: SECTION I - CONDITIONS In Forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced by the following: F. Mediation or Appraisal. If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: 1. Demand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services. The loss must be $500 or more, prior to the application of the deductible; or there must be a difference of $500 or more between the loss settlement amount we offer and the loss settlement amount that you request. The settlement in the course of the mediation is binding only if both parties agree, in writing, on a settlement and you have not rescinded the settlement within 3 business days after reaching settlement. You may not rescind the settlement after cashing or depositing the settlement check or draft we provided to you. We will pay the cost of conducting any mediation conference except when you fail to appear at a conference. That conference will then be rescheduled upon your payment of the mediator's fee for that rescheduled conference. However, if we fail to appear at a mediation conference, we will pay the actual cash expenses you incur in attending the conference and also pay the mediator's fee for that rescheduled conference. If, however, we demanded the mediation and either party rejects the mediation results, you are not required to submit to, or participate in, any appraisal of the loss as a precondition to action against us for failure to pay the loss. 2. If you and we fail to agree on the amount of any loss under COVERAGES, we can demand that the amount of the loss be set by appraisal. Our demand for appraisal must be in writing. If we demand appraisal: a. Each party must select a competent, disinterested appraiser and notify the other party of the appraiser's identity within 15 days of your receipt of our written demand for appraisal. By that same deadline, we and you must provide to each other a written, itemized list of all disputes as to the amount of loss, identifying separately each item being disputed. The appraisal will apply only to those disputes on the amount of loss identified in writing by the parties subject to paragraph g. below. If you dispute the amount set by us for an item, but do not identify that dispute in the required list, the amount of loss for that item will be the amount previously set by us. b. The appraisers will then attempt to set the amount of the loss of each item in dispute as specified by each party. If the appraisers agree on all items, they will jointly submit to each party a written report of agreement signed by them. In all instances the written report of agreement must be itemized and state separately the "actual cash value·, replacement cost, and if applicable, the market value of each item submitted by the parties as set forth in paragraph a. A written report of agreement that meets these requirements will constitute the appraisal. The appraisal will set the amount of the loss for each properly submitted item in dispute and will be binding upon you and us. c. A written report of agreement that does not itemize and resolve all disputes submitted by the parties pursuant to paragraph a., does not constitute an appraisal and is not binding upon you and us. In such a case, the matter must be returned to the appraisers for completion. In the event the appraisers submit a written report that includes items not submitted pursuant to paragraph a., such additional items have no effect and will be disregarded. If the written report otherwise meets the requirement of an appraisal, it will be binding upon you and us as to the items properly submitted in writing by you and us. If the written report does not otherwise meet the requirements of an appraisal, the matter must be returned to the appraisers for completion. d. If the two appraisers fail to agree on the submitted disputes within 20 days, unless the period of time is extended by mutual agreement, they will select a competent, disinterested umpire. If the appraisers are unable to agree upon an umpire within 5 days, we may make a written application for a judge or a court of record in the same state and county (or city if the city is not within a county) where the "residence premises" is located to select an umpire. If the umpire reaches an agreement with one of the appraisers on all items, they will jointly submit to each party a written report of agreement signed by them. In all instances the written report of agreement must be itemized and state separately the "actual cash value” replacement cost, and if applicable, the market value of each item in dispute and address all disputes submitted by the parties pursuant to paragraph a. A written report of agreement that meets these requirements will constitute the appraisal. The appraisal will set the amount of the loss for each properly submitted item in dispute and will be binding upon you and us. A written report of agreement that does not itemize and resolve all disputes submitted by the parties pursuant to paragraph a. does not constitute an appraisal and is not binding upon you and us. In such a case, the matter must be returned to the appraisers and the umpire for completion. In the event an appraiser and umpire submit a written report that includes items not submitted pursuant to paragraph a., such additional items have no effect and will be disregarded. If the written report otherwise meets the requirement of an appraisal, it will be binding upon you and us as to the items properly submitted in writing by you and us. If the written report does not otherwise meet the requirements of an appraisal, the matter must be returned to the appraisers and umpire for completion. e. To qualify as an appraiser or umpire for a loss to property described in Coverage A - Dwelling, a person must be one of the following and be licensed or certified as required by the applicable jurisdiction: (1) An engineer or architect with experience and training in building construction, repair, estimating, or investigation of the type of property damage in dispute; (2) An adjuster or public adjuster with experience and training in estimating the type of property damage in dispute; (3) A contractor with experience and training in the construction, repair, and estimating of the type of property damage in dispute. f. A person may not serve as an appraiser or umpire if that person, any employee of that person, that person's employer, or any employee of their employer has: (1) A familial relationship within the third degree between the umpire or appraiser and a party or a representative of a party; (2) Previously represented a party in a professional capacity in the same claim or matter involving the same property; (3) Represented another person in a professional capacity on the same or a substantially related matter that includes the claim, an adjacent property to the "residence premises,” and the other person's interests are materially adverse to the interests of a party; or (4) A financial interest in the outcome of the claim at issue in the appraisal. g. Each party will be responsible for the compensation of their selected appraiser. Reasonable expenses of the appraisal and the reasonable compensation of the umpire will be paid equally by you and us. h. Appraisal is available only to determine the amount of the loss of each item in dispute. Appraisal of the amount of loss will not include determinations of causation unless we include the causation issues in its itemized list of disputes under paragraph a. A written report of agreement that does not determine causation when required by us does not constitute an appraisal and is not binding upon you and us. In such a case, the matter must be returned to the appraisers for completion. If we do not identify causation in its list of disputes, the appraisers and the umpire will have no authority to decide questions of causation and any such findings in the appraisal have no effect and will be disregarded. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or (5) To conduct appraisal on a class-wide basis. i. Appraisal is a non-judicial proceeding and does not provide for or require art:>itration. Neither party will be awarded attorney fees. The appraisal award may not be entered as a judgement in a court. j. We may not demand appraisal after we bring suit or action against you relating to the amount of loss. 3. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. Any request for appraisal submitted by, or on behalf, of you or any "insured- must be signed by the Named Insured as shown in the Declarations. You, any "insured- and any person or entity acting on behalf of you or any "insured" must comply with SECTION I - CONDITIONS C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises” is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy.” Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above; and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You” and "We" do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or (5) to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. If you, and we fail to agree on the settlement or the amount of loss, you must notify us of your disagreement in writing prior to filing suit. You, must provide the Department of Financial Services with written notice of intent to initiate litigation at least 10 business days before filing suit under the policy, in accordance with s.627. 70152, Florida Statutes. No action can be brought unless the Section I policy provisions have been complied with and the action is commenced within the specified number of years from the date of loss pursuant to Section 95.11, Florida Statutes. Concurrent with the notice provided to the Florida Department of Financial Services, you must also notify us of your disagreement and intent to file suit in writing to allow us an opportunity to exercise our right to request and complete the mediation or appraisal process at least 10 business days prior to filing suit. Your policy provides specific duties following a loss, including, but not limited to allowing us to inspect the damaged property prior to its removal from the property and showing us the damaged property. Failure to comply with these duties may be prejudicial to the claims process. SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. "Your" Duties After Loss. An assignment agreement does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. Give immediate notice to us or our agent. 2. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence premises” and make copies of the photographs. 5. Protect the property from further damage. The following must be performed: a. Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverage 2. A reasonable emergency measure under 2.e. 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 to inspect. b. Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. 6. Cooperate with us in the investigation of a claim. This includes speaking to and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any "insured" seeking coverage, or a representative of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation. 7. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts, and related documents that justify the figures in the inventory. 8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if reasonably possible, except as to any repairs performed under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Provide us with records and documents we request and permit us to make copies; c. 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: (1) 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;" (2) 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 (3) 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; d. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and e. Any and all "insureds" must execute all authorizations for the release of information when requested by us, which we deem relevant to the investigation of your loss. f. Allow us or any person authorized on our behalf: (1) Access to the "residence premises;" (2) To inspect the "residence premises" and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises;· and (3) To require an "insured" or their representative, or both if reasonably possible, to be present at our inspection and to assist in identifying the damaged property during the inspection; g. At our request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; h. For losses covered under Coverage A and B, allow us to re-inspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by third parties were completed, or following a supplemental or re-opened claim. 9. After notifying us of the loss, submit to us, within 30 days after notification, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: a. The description of the loss, including the date and time of the loss, the cause of loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss; b. The names of all persons who resided at the insured location at the time of the loss; c. The interest of all "insureds," assignees if any, and all others in the property involved and all liens on the property; d. Other insurance which may cover the loss; e. Changes in title or occupancy of the property during the term of the policy; f. Specifications of damage to the dwelling and other structures, including; (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary or permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; g. The inventory of damaged personal property described in C.7. above; h. Receipts for additional living expenses incurred and records that support the fair rental value; and i. Evidence or affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. 10. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: a. As this information becomes available, and if additional loss or damage is discovered or incurred; and b. If you are provided with new estimates or invoices regarding the losses submitted or not submitted in the proof of loss. The duties above apply regardless of whether you, an "insured" seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice or expert claim advice, regarding an insurance claim under this Policy. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com (Main Menu > Upload Claim Documents) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (877) 744-5224. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” On January 21, 2025, Frontline’s Desk Adjuster, Tabitha Worthey, advised the Insureds’ Public Adjuster that she was handling the claim going into appraisal and that she was working on the claim. Nevertheless, on February 7, 2025, the Insureds, via their representative, filed this Civil Remedy Notice. On February 7, 2025, Frontline’s Desk Adjuster emailed the Insureds’ Public Adjuster that she was working on the claim and that Frontline had selected Vicki White Sklark as their appraiser. This email was accompanied by a February 10, 2025, letter that stated: “This letter is to confirm receipt of appraiser’s contact information submitted by Ask An Adjuster, on December 12, 2024 appointing Lari Picitelli. The appraisers will choose an umpire within 15 days. If they cannot agree upon an umpire within 15 days, we may request that the choice be made by a judge. Each party will pay its own appraiser, including their costs associated with producing the appraisal estimate, above; and bear the other expenses of the appraisal and umpire equally. The appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. Frontline herein selects the following appraiser: Vicki White Sklark (954) 263-0063 vicki.wsis@gmail.com All parties have agreed to participate in the Appraisal process with regard to eligible aspects of the referenced claim and applicable provisions of your homeowner’s insurance policy. While Frontline agrees to participate in Appraisal in order to set the amount of loss, be reminded, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. The report of the agreement will be in writing and shall include the following: • Detailed list, including amount to repair or replace each specific item included in the award from the appraisal findings • Replacement cost and actual cash value of each agreed upon item • Contain the statement “This award is made subject to the terms and conditions of the policy” The final award form, provided by Frontline, ultimate award will be subject to reduction according to the terms and conditions of the policy, including, but not limited to applicable policy sublimit, all loss settlement provisions, all applicable deductibles, and prior payments. The appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Accordingly, we direct you to HO 00 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 05 23 SPECIAL PROVISIONS – FLORIDA, which states in part: In Forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced by the following: F. Mediation or Appraisal. If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: 3. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. Any request for appraisal submitted by, or on behalf, of you or any "insured- must be signed by the Named Insured as shown in the Declarations. You, any "insured- and any person or entity acting on behalf of you or any "insured" must comply with SECTION I - CONDITIONS C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises” is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy.” Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above; and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You” and "We" do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or (5) to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. If you, and we fail to agree on the settlement or the amount of loss, you must notify us of your disagreement in writing prior to filing suit. You, must provide the Department of Financial Services with written notice of intent to initiate litigation at least 10 business days before filing suit under the policy, in accordance with s.627. 70152, Florida Statutes. No action can be brought unless the Section I policy provisions have been complied with and the action is commenced within the specified number of years from the date of loss pursuant to Section 95.11, Florida Statutes. Concurrent with the notice provided to the Florida Department of Financial Services, you must also notify us of your disagreement and intent to file suit in writing to allow us an opportunity to exercise our right to request and complete the mediation or appraisal process at least 10 business days prior to filing suit. Your policy provides specific duties following a loss, including, but not limited to allowing us to inspect the damaged property prior to its removal from the property and showing us the damaged property. Failure to comply with these duties may be prejudicial to the claims process. Accordingly, we direct you to HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 05 23 SPECIAL PROVISIONS – FLORIDA, which states in part: SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. "Your" Duties After Loss. An assignment agreement does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. Give immediate notice to us or our agent. 2. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence premises” and make copies of the photographs. 5. Protect the property from further damage. The following must be performed: a. Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverage 2. A reasonable emergency measure under 2.e. 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 to inspect. b. Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. 6. Cooperate with us in the investigation of a claim. This includes speaking to and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any "insured" seeking coverage, or a representative of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation. 7. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts, and related documents that justify the figures in the inventory. 8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if reasonably possible, except as to any repairs performed under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Provide us with records and documents we request and permit us to make copies; c. 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: (1) 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;" (2) 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 (3) 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; d. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and e. Any and all "insureds" must execute all authorizations for the release of information when requested by us, which we deem relevant to the investigation of your loss. f. Allow us or any person authorized on our behalf: (1) Access to the "residence premises;" (2) To inspect the "residence premises" and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises;· and (3) To require an "insured" or their representative, or both if reasonably possible, to be present at our inspection and to assist in identifying the damaged property during the inspection; g. At our request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; h. For losses covered under Coverage A and B, allow us to re-inspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by third parties were completed, or following a supplemental or re-opened claim. 9. After notifying us of the loss, submit to us, within 30 days after notification, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: a. The description of the loss, including the date and time of the loss, the cause of loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss; b. The names of all persons who resided at the insured location at the time of the loss; c. The interest of all "insureds," assignees if any, and all others in the property involved and all liens on the property; d. Other insurance which may cover the loss; e. Changes in title or occupancy of the property during the term of the policy; f. Specifications of damage to the dwelling and other structures, including; (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary or permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; g. The inventory of damaged personal property described in C.7. above; h. Receipts for additional living expenses incurred and records that support the fair rental value; and i. Evidence or affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. 10. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: a. As this information becomes available, and if additional loss or damage is discovered or incurred; and b. If you are provided with new estimates or invoices regarding the losses submitted or not submitted in the proof of loss. The duties above apply regardless of whether you, an "insured" seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice or expert claim advice, regarding an insurance claim under this Policy. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (251) 607-4442. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” On March 13, 2025, Frontline sent an appraisal update letter alerting the Insureds of the appraisal inspection that stated as follows: “Frontline has proceeded with appraisal since February 10, 2025, after both Appraisers have been selected. Pursuant to the policy, the appraisers had 15 days to select an umpire. At this time, the appraisers have appointed an umpire Steve Schmitt. The appraisal inspection has been scheduled for April 8, 2025. We will update you as the appraisal progresses. To ensure the prompt resolution of this claim, please submit all documentation in support of your dispute to your named appraiser directly, including, but not limited to, proof of incurred expenses, truncated credit card statements, front and back of all executed checks, receipts, permits, photos, settlement documentation from other appliable insurance providers (i.e. flood proof of loss, settlement documents, prior payments) videos and other reports. You may also submit these items through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). The written report of agreement will be in writing and shall include the following: • Detailed list, including amount to repair or replace each specific item included in the award from the appraisal findings • Replacement cost and actual cash value of each agreed upon item • Contain the statement “This award is made subject to the terms and conditions of the policy” The final award form, provided by Frontline, ultimate award will be subject to reduction according to the terms and conditions of the policy, including, but not limited to applicable policy sublimit, all loss settlement provisions, all applicable deductibles, and prior payments. Accordingly, we direct you to HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 05 23 SPECIAL PROVISIONS – FLORIDA, which states in part: SECTION 1-CONDITIONS In Forms HO 00 03, HO 00 04 and HO 00 06: F. Appraisal is deleted and replaced by the following: F. Mediation or Appraisal. If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may: 1. Demand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services. The loss must be $500 or more, prior to the application of the deductible; or there must be a difference of $500 or more between the loss settlement amount we offer and the loss settlement amount that you request. The settlement in the course of the mediation is binding only if both parties agree, in writing, on a settlement and you have not rescinded the settlement within 3 business days after reaching settlement. You may not rescind the settlement after cashing or depositing the settlement check or draft we provided to you. We will pay the cost of conducting any mediation conference except when you fail to appear at a conference. That conference will then be rescheduled upon your payment of the mediator's fee for that rescheduled conference. However, if we fail to appear at a mediation conference, we will pay the actual cash expenses you incur in attending the conference and also pay the mediator's fee for that rescheduled conference. If, however, we demanded the mediation and either party rejects the mediation results, you are not required to submit to, or participate in, any appraisal of the loss as a precondition to action against us for failure to pay the loss. 2. If you and we fail to agree on the amount of any loss under COVERAGES, we can demand that the amount of the loss be set by appraisal. Our demand for appraisal must be in writing. If we demand appraisal: a. Each party must select a competent, disinterested appraiser and notify the other party of the appraiser's identity within 15 days of your receipt of our written demand for appraisal. By that same deadline, we and you must provide to each other a written, itemized list of all disputes as to the amount of loss, identifying separately each item being disputed. The appraisal will apply only to those disputes on the amount of loss identified in writing by the parties subject to paragraph g. below. If you dispute the amount set by us for an item, but do not identify that dispute in the required list, the amount of loss for that item will be the amount previously set by us. b. The appraisers will then attempt to set the amount of the loss of each item in dispute as specified by each party. If the appraisers agree on all items, they will jointly submit to each party a written report of agreement signed by them. In all instances the written report of agreement must be itemized and state separately the "actual cash value·, replacement cost, and if applicable, the market value of each item submitted by the parties as set forth in paragraph a. A written report of agreement that meets these requirements will constitute the appraisal. The appraisal will set the amount of the loss for each properly submitted item in dispute and will be binding upon you and us. c. A written report of agreement that does not itemize and resolve all disputes submitted by the parties pursuant to paragraph a., does not constitute an appraisal and is not binding upon you and us. In such a case, the matter must be returned to the appraisers for completion. In the event the appraisers submit a written report that includes items not submitted pursuant to paragraph a., such additional items have no effect and will be disregarded. If the written report otherwise meets the requirement of an appraisal, it will be binding upon you and us as to the items properly submitted in writing by you and us. If the written report does not otherwise meet the requirements of an appraisal, the matter must be returned to the appraisers for completion. d. If the two appraisers fail to agree on the submitted disputes within 20 days, unless the period of time is extended by mutual agreement, they will select a competent, disinterested umpire. If the appraisers are unable to agree upon an umpire within 5 days, we may make a written application for a judge or a court of record in the same state and county (or city if the city is not within a county) where the "residence premises" is located to select an umpire. If the umpire reaches an agreement with one of the appraisers on all items, they will jointly submit to each party a written report of agreement signed by them. In all instances the written report of agreement must be itemized and state separately the "actual cash value” replacement cost, and if applicable, the market value of each item in dispute and address all disputes submitted by the parties pursuant to paragraph a. A written report of agreement that meets these requirements will constitute the appraisal. The appraisal will set the amount of the loss for each properly submitted item in dispute and will be binding upon you and us. A written report of agreement that does not itemize and resolve all disputes submitted by the parties pursuant to paragraph a. does not constitute an appraisal and is not binding upon you and us. In such a case, the matter must be returned to the appraisers and the umpire for completion. In the event an appraiser and umpire submit a written report that includes items not submitted pursuant to paragraph a., such additional items have no effect and will be disregarded. If the written report otherwise meets the requirement of an appraisal, it will be binding upon you and us as to the items properly submitted in writing by you and us. If the written report does not otherwise meet the requirements of an appraisal, the matter must be returned to the appraisers and umpire for completion. e. To qualify as an appraiser or umpire for a loss to property described in Coverage A - Dwelling, a person must be one of the following and be licensed or certified as required by the applicable jurisdiction: (1) An engineer or architect with experience and training in building construction, repair, estimating, or investigation of the type of property damage in dispute; (2) An adjuster or public adjuster with experience and training in estimating the type of property damage in dispute; (3) A contractor with experience and training in the construction, repair, and estimating of the type of property damage in dispute. f. A person may not serve as an appraiser or umpire if that person, any employee of that person, that person's employer, or any employee of their employer has: (1) A familial relationship within the third degree between the umpire or appraiser and a party or a representative of a party; (2) Previously represented a party in a professional capacity in the same claim or matter involving the same property; (3) Represented another person in a professional capacity on the same or a substantially related matter that includes the claim, an adjacent property to the "residence premises,” and the other person's interests are materially adverse to the interests of a party; or (4) A financial interest in the outcome of the claim at issue in the appraisal. g. Each party will be responsible for the compensation of their selected appraiser. Reasonable expenses of the appraisal and the reasonable compensation of the umpire will be paid equally by you and us. h. Appraisal is available only to determine the amount of the loss of each item in dispute. Appraisal of the amount of loss will not include determinations of causation unless we include the causation issues in its itemized list of disputes under paragraph a. A written report of agreement that does not determine causation when required by us does not constitute an appraisal and is not binding upon you and us. In such a case, the matter must be returned to the appraisers for completion. If we do not identify causation in its list of disputes, the appraisers and the umpire will have no authority to decide questions of causation and any such findings in the appraisal have no effect and will be disregarded. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or (5) To conduct appraisal on a class-wide basis. i. Appraisal is a non-judicial proceeding and does not provide for or require art:>itration. Neither party will be awarded attorney fees. The appraisal award may not be entered as a judgement in a court. j. We may not demand appraisal after we bring suit or action against you relating to the amount of loss. 3. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. Any request for appraisal submitted by, or on behalf, of you or any "insured- must be signed by the Named Insured as shown in the Declarations. You, any "insured- and any person or entity acting on behalf of you or any "insured" must comply with SECTION I - CONDITIONS C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the appraiser is entitled to receive a fee that is dependent on the amount of the appraisal award. However, the payment of an hourly or flat fee shall not render an appraiser incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises” is located. d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) The statement of "This award is made subject to the terms and conditions of the policy.” Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above; and (b) Bear the other expenses of the appraisal and umpire equally. e. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. f. You” and "We" do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. g. Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide: (1) Any other questions of fact; (2) Questions of law; (3) Questions of coverage; (4) Other contractual issues; or (5) to conduct appraisal on a class-wide basis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. If you, and we fail to agree on the settlement or the amount of loss, you must notify us of your disagreement in writing prior to filing suit. You, must provide the Department of Financial Services with written notice of intent to initiate litigation at least 10 business days before filing suit under the policy, in accordance with s.627. 70152, Florida Statutes. No action can be brought unless the Section I policy provisions have been complied with and the action is commenced within the specified number of years from the date of loss pursuant to Section 95.11, Florida Statutes. Concurrent with the notice provided to the Florida Department of Financial Services, you must also notify us of your disagreement and intent to file suit in writing to allow us an opportunity to exercise our right to request and complete the mediation or appraisal process at least 10 business days prior to filing suit. Your policy provides specific duties following a loss, including, but not limited to allowing us to inspect the damaged property prior to its removal from the property and showing us the damaged property. Failure to comply with these duties may be prejudicial to the claims process. Accordingly, we direct you to HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 05 23 SPECIAL PROVISIONS – FLORIDA, which states in part: SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. "Your" Duties After Loss. An assignment agreement does not change the obligations to perform the duties required under this Policy. In case of a loss to covered property, you must see that the following are done. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. Give immediate notice to us or our agent. 2. To the degree reasonably possible, retain the damaged property and any photographs of the damaged property; and Allow us to inspect, subject to the paragraph above, all damaged property prior to its removal from the "residence premises” and make copies of the photographs. 5. Protect the property from further damage. The following must be performed: a. Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverage 2. A reasonable emergency measure under 2.e. 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 to inspect. b. Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. 6. Cooperate with us in the investigation of a claim. This includes speaking to and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any "insured" seeking coverage, or a representative of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation. 7. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts, and related documents that justify the figures in the inventory. 8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if reasonably possible, except as to any repairs performed under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Provide us with records and documents we request and permit us to make copies; c. 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: (1) 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;" (2) 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 (3) 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; d. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and e. Any and all "insureds" must execute all authorizations for the release of information when requested by us, which we deem relevant to the investigation of your loss. f. Allow us or any person authorized on our behalf: (1) Access to the "residence premises;" (2) To inspect the "residence premises" and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises;· and (3) To require an "insured" or their representative, or both if reasonably possible, to be present at our inspection and to assist in identifying the damaged property during the inspection; g. At our request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; h. For losses covered under Coverage A and B, allow us to re-inspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by third parties were completed, or following a supplemental or re-opened claim. 9. After notifying us of the loss, submit to us, within 30 days after notification, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: a. The description of the loss, including the date and time of the loss, the cause of loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss; b. The names of all persons who resided at the insured location at the time of the loss; c. The interest of all "insureds," assignees if any, and all others in the property involved and all liens on the property; d. Other insurance which may cover the loss; e. Changes in title or occupancy of the property during the term of the policy; f. Specifications of damage to the dwelling and other structures, including; (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary or permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; g. The inventory of damaged personal property described in C.7. above; h. Receipts for additional living expenses incurred and records that support the fair rental value; and i. Evidence or affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. 10. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: a. As this information becomes available, and if additional loss or damage is discovered or incurred; and b. If you are provided with new estimates or invoices regarding the losses submitted or not submitted in the proof of loss. The duties above apply regardless of whether you, an "insured" seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice or expert claim advice, regarding an insurance claim under this Policy. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Pursuant to the above referenced policy provisions, the appraisal panel has no authority to decide questions of fact, law, coverage, or other contractual issues. Further, “You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute. Frontline expressly reserves all its rights, conditions, terms, provisions, endorsements, exclusions, or requirements contained in your Policy as well as Florida Law. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. If you have any additional information, or other items submit the same through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim) or email to appraisaldocs@flhi.com. Should you have any questions or concerns or have any additional information you would like to submit for consideration, please feel free to contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. I can be reached at (251) 607-4442. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” To date, no new documents have been provided to Frontline and appraisal is ongoing. An inspection of the property is scheduled for April 8, 2025. 2. Nature of the Complainant’s Civil Remedy Complaint In the Civil Remedy Notice, the Complainant alleges Frontline violated: Section 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 Insureds and with due regard for her or his interests. Section 626.9541(1)(i)(3)(d)— Denying claims without conducting reasonable investigations based upon available information. These accusations are unfair given the nature of the facts and damage surrounding this claim. Here, the claim was processed, the Insureds’ property was inspected on numerous occasions, numerous requests for information were sent, a Recorded Statement was taken, a coverage determination was made, the claim is in appraisal, and Frontline continues to work with the Insureds and their representatives. Specifically, first, Frontline asserts that it did act in good faith, fairly, and honestly towards the Insureds by taking all necessary steps to decide coverage all while keeping in constant communication with the Insureds. Following Frontline’s coverage determination, Frontline continued, in good faith, to send the claim to appraisal. Second, Frontline asserts that it did not deny the claim. Further, even after its initial coverage decision, Frontline asserts that it is fairly going through the appraisal process with the Insureds, which is still on going. Further, this Civil Remedy Notice is defective on its face, for it fails to name both Insureds as Complainants. Additionally, the Civil Remedy Notice fails to provide specific policy language that Frontline violated and/or breached, and therefore, this Civil Remedy is defective. Moreover, the Notice is deficient in the following aspects: • Section 624.155, Florida Statutes, requires that the Civil Remedy Notice identify the person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in this notice. The Purported Notice does not identify the person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in this notice. Thus, the Purported Notice is invalid for noncompliance with section 624.155, Florida Statutes. • Section 624.155(3)(b)(4), Florida Statutes, requires the Civil Remedy Notice to reference specific policy language that is relevant to the violation, if any. If the person bringing the civil action is a third-party claimant, she or he shall not be required to reference the specific policy language if the authorized insurer has not provided a copy of the policy to the third-party claimant pursuant to written request. The Complainants are not a third-party claimant; therefore, the Purported Notice must include specific language from the subject policy that is relevant to the alleged violations. It does not. Thus, the Purported Notice is invalid for noncompliance with section 624.155(3)(b)(4), Florida Statutes. This Civil Remedy Notice is further defective because the Complainant has failed to ask for a proper cure of their Civil Remedy Notice. Instead, they have asked for the following cure(s): “To cure the violations outlined in this Civil Remedy Notice, the Insurer must immediately tender full payment for all covered damages to ensure the Insureds are made whole. The Insurer must issue a corrected coverage determination acknowledging coverage for the roof and exterior damage. The Insurer must provide the name and contact information of the designated appraiser without further delay. The Insurer must cease all bad faith delay tactics and act in accordance with its contractual and statutory obligations. The Insurer must also compensate the Insureds for the time and resources expended due to the Insurer’s bad faith actions and the loss of use of funds.” Frontline responds that this cure request is improper because no amount is stated, and thus, Frontline is not put on notice of the required amount requested by the Insureds. Frontline further asserts that even if an amount is was stated in the Civil Remedy Notice, no amount is currently due as appraisal is ongoing. Thus, until appraisal is complete, no updated coverage decision letter is owed. Further, as stated above, Frontline has acted in accordance with all contractual and statutory requirements and has, at no moment, acted with bad faith towards the Insureds or their representatives. Finally, requesting payment for time and resources is an improper cure request because it improperly demands that Frontline pay attorney’s fees and costs. In Talat Enterprise, Inc. v. Aetna Casualty and Surety Co., 753 So. 2d 1278, 1283 (Fla. 2000), the Florida Supreme Court adopted the following analysis by United States Magistrate Judge Glazebrook: The Court rejects as unsupported Talat's contention that the insurer must not only pay the claim within the sixty-day window, but must also pay all compensatory damages that flow from any delay in settling the claim. Section 624.155 does not impose on an insurer the obligation to pay whatever the insured demands. The sixty-day window is designed to be a cure period that will encourage payment of the underlying claim, and avoid unnecessary bad faith litigation. Surely an insurer need not immediately pay 100% of the damages claimed to flow from bad faith conduct in order to avoid the chance that the insured will succeed on a bad faith cause of action. If the insurer may avoid a bad faith action only by paying in advance every penny of the damages that it faces if it loses at trial, the insurer would have no reason to pay. Furthermore, few insureds would restrict their demands to compensatory damages. There is no reason why insureds would not demand also the advance payment of punitive damages and attorney's fees. Section 624.155(2)(d) would have no effect or purpose under such an interpretation. The law does not support such an expansive and illogical reading of Fla. Stat. Ann. § 624.155(2)(d). See Talat, 753 So. 2d at 1282 (emphasis added). Conclusion Frontline asserts that there was no misconduct in the adjustment of the Insureds’ claim. As can be seen from the above, Frontline has credible evidence to support its belief that the claim was properly adjusted and is currently being appraised. The claim was processed, the Insureds’ property was inspected numerous times, letters requesting documentation and information were sent, a recorded statement was taken, Frontline made a reasoned coverage decision, and Frontline continues in the adjustment and appraisal of the claim Additionally, Frontline has worked and continues to work with the Insureds and their representatives on the claim. Frontline has spent considerable time and resources in the investigation of this matter and believes that its efforts were made in good faith and based on the information available at the time of the claim. In turn, this Civil Remedy Notice unfairly characterizes the facts of the Insureds’ claim and unfairly paints Frontline in a negative light. Sincerely, Lee Alhanti Lee Alhanti, Esq. On Behalf of First Protective Insurance Company

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