Filing Number: 805835
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| Filing Accepted: 2/7/2025 |
| Last/Business Name
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NIQUIA PROPERTIES LLC
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First Name |
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| Street Address
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11666 BOLDFACE DR |
| City, State Zip
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ORLANDO,
FL
32832
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| Email Address
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VANESSA.MARQUEZ@VMLEGALSERVICE.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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NIQUIA PROPERTIES LLC |
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First Name |
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| Policy # * |
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AGD30592168 |
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Claim #* |
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CDP00177903 |
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Attorney is Applicable
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| Last Name* |
NAZARETH
First Name *
RICHARD
Initial
M.
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| Street Address* |
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124 S BUMBY AVE |
| City, State Zip* |
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ORLANDO
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FL
32803-6225
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| Email Address * |
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RICHARD@NAZARETHLAW.COM |
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| Insurer Type
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 Authorized Insurer
 Unauthorized Insurer
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| Insurer Name |
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| Insurer Name* |
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AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA
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| Street Address* |
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,
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NAIC Company Code 12841 |
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| Name of individual responsible for violation (if any):*
ROBERT MEYERHOFF
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| Type of Insurance
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Residential Property & Casualty
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| Reason for Notice
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Claim Denial
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Claim Delay
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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Statutory provision(s) which the insurer allegedly violated.
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| 624.155(1)(b)(1) |
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Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
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| 624.155(1)(b)(3) |
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Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
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| 626.9541(1)(i)(3)(a) |
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Failing to adopt and implement standards for the proper investigation of claims.
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| 626.9541(1)(i)(3)(b) |
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Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
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| 626.9541(1)(i)(3)(c) |
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Failing to acknowledge and act promptly upon communications with respect to claims.
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| 626.9541(1)(i)(3)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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| 626.9541(1)(i)(3)(f) |
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Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
Dwelling Property 3 Special Form policy DP 00 03 07 88, which is amended
by AIIC 01 DP3 SP 04 23 Special Provisions for Florida - DP 00 03 - Special Form, under
CONDITIONS which states:4. Your Duties After Loss
The sentence “In case of loss to a covered property, you must see that the following are done”: is
replaced by the following:
In case of a loss to covered property, we have no duty to provide coverage under this Policy if the
failure to comply with the following duties is prejudicial to us. These duties must be performed
either by you, an insured seeking coverage, or a representative of either:
4. a. is deleted and replaced by
a. give immediate notice to us or your insurance agent;
Except for Reasonable Emergency Measures taken under Other Coverages 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:
4. b. is replaced by the following
(1) To the degree reasonably possible, retain the damage property:
(2) Allow us to inspect, subject to b. (1) above, all damaged property prior to its removal
from the described location.
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Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
NOTICE OF CIVIL REMEDY PURSUANT TO FLORIDA STATUTES § 624.155 AND § 626.9541
Complainant:
Niquia Properties LLC
11666 Boldface Dr,
Orlando, FL 32832
Insurer:
American Integrity Insurance Company
P.O. Box 26349
Tampa, FL 33623
Claim Number: CDP-00177903
Policy Number: AGD30592168
Date of Loss: September 17, 2024
STATUTORY BASIS FOR NOTICE
This Civil Remedy Notice is filed pursuant to Florida Statutes § 624.155 (Civil Remedy) and § 626.9541 (Unfair Methods of Competition and Unfair or Deceptive Acts or Practices). The violations alleged include, but are not limited to:
1. § 624.155(1)(b)(1) – Not attempting in good faith to settle claims when, under all circumstances, the insurer could and should have done so.
2. § 624.155(1)(b)(3) – Failing to promptly settle claims when liability has become reasonably clear.
3. § 626.9541(1)(i)(3)(a) – Failing to adopt and implement standards for the proper investigation of claims.
4. § 626.9541(1)(i)(3)(b) – Misrepresenting pertinent facts or insurance policy provisions relating to coverage.
5. § 626.9541(1)(i)(3)(c) – Failing to acknowledge and act promptly upon communications with respect to claims.
6. §626.9541(1)(i)(3)(d)) -- Denying or delaying a claim without conducting a reasonable investigation.
7. § 626.9541(1)(i)(3)(f) – Failing to promptly provide a reasonable explanation in writing of the basis for denial or the offer of a compromise settlement.
8. § 626.9541(1)(i)(3)(i) – Unfair claim settlement practices.
II. FACTUAL BASIS FOR THE COMPLAINT
On September 17, 2024, a murder/suicide incident occurred at the insured property, resulting in extensive biohazard contamination of the premises, affecting the flooring, walls, ceilings, and bathroom vanity due to blood spray and body fluids. Under Florida law, biohazard contamination is recognized as an immediate health hazard requiring professional remediation by licensed specialists.
1. Late and inadequate response by the insurance company:
(a) The claim was reported on October 7, 2024, but American Integrity Insurance Company unreasonably delayed its response, issuing a Reservation of Rights letter instead of promptly addressing the emergency nature of the loss.
(b) Despite providing estimates and sworn proof of loss documents, the insurer refused to accept the full scope of necessary biohazard remediation and repairs.
2. Failure to conduct a fair and thorough claim investigation:
(a) The insurer failed to properly assess the full extent of contamination and the remediation required by licensed biohazard specialists under Florida law.
(b) The insurer failed to retain proper experts to evaluate the claim and instead relied on generic property adjusters unqualified to assess biohazard damages.
3. Bad faith undervaluation and failure to issue payment:
(a) The claim included a sworn proof of loss for $96,916.03, yet the insurer wrongfully rejected the proof of loss without providing a legitimate basis.
(b) The insurer provided a drastically lower valuation and refused to pay for necessary biohazard remediation, which is contrary to public policy and industry standards.
4. Misrepresentations regarding policy coverage:
(a) American Integrity falsely implied that the policy does not fully cover biohazard damages when no such limitation exists.
(b) The policy provides coverage for vandalism and necessary remediation following violent incidents, yet the insurer continues to misrepresent coverage to delay payment.
III. DAMAGES INCURRED DUE TO INSURER’S BAD FAITH
Due to the insurance company’s failure to properly settle and investigate this claim, Niquia Properties LLC has suffered significant financial damages, including but not limited to:
1. Delayed and improper remediation, resulting in continued contamination and increased health risks to any individuals entering the property.
2. Unnecessary out-of-pocket costs to mitigate damages that the insurance company should have covered.
3. Legal fees and expenses incurred due to the insurer’s refusal to act in good faith.
4. Loss of rental income due to the insurer’s failure to timely compensate the insured for damages.
IV. CURE DEMAND
To remedy the aforementioned violations, American Integrity Insurance Company must:
1. Issue payment of $96,916.03 as per the sworn proof of loss, which represents the actual covered damages.
2. Pay all additional incurred expenses related to biohazard remediation, cleanup, and temporary housing.
3. Cease all bad faith claim handling practices and confirm that it has adopted proper procedures to handle claims fairly and promptly.
4. Pay interest on the delayed claim payments pursuant to Florida law.
5. Compensate for attorney’s fees and costs incurred due to the insurer’s wrongful conduct.
Pursuant to Florida law, American Integrity Insurance Company has 60 days from the date of this notice to cure its violations by:
1. Paying the full claim amount of $96,916.03 as supported by the sworn proof of loss and repair estimates.
2. Ceasing all bad faith delay tactics and ensuring that claimants receive fair treatment as required under Florida law.
3. Providing a written explanation for all claim denials that is in compliance with statutory requirements and policy terms.
V. CONSEQUENCES OF NON-COMPLIANCE
Failure to cure these violations within sixty (60) days from the date of this notice may result in legal action, including a lawsuit for breach of contract and bad faith damages under Florida Statutes § 624.155. The insurer may be liable for punitive damages, attorney’s fees, and costs.
This notice is filed to perfect the right to pursue remedies under Florida law and should not be construed as an exhaustive statement of all claims or damages suffered by the complainant.
Dated: February 7, 2025
Complainant: Niquia Properties LLC
Authorized Representative:
RICHARD NAZARETH, P.A.
124 S Bumby Ave
Orlando, FL 32803
Telephone: (407) 730-4678
Facsimile: (321) 593-0436
Email: richard@nazarethlaw.com
By: /s/ Richard Martin Nazareth II
Richard Martin Nazareth II, Esq.
Florida Bar No.: 35006
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The submitter hereby states that this notice is given in order to perfect the rights of the
person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes.
Before submitting a Notice using this system, please verify that all text has been entered
correctly and completely. Once the Notice has been submitted, the text cannot be changed
or deleted.
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DFS-10-363
Rev. 10/14/2008
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