Civil Remedy Notice of Insurer Violations
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Filing Number:     806038
Filing Accepted:  2/10/2025
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Complainant
Last/Business Name *  
VORONOV   First Name   VLADIMIR
Street Address * 629 FIDDLELEAF CIRCLE
City, State Zip * MELBOURNE, FL 32904
Email Address * WITHHELD
Complainant Type: * Insured
Insured
Last/Business Name*   VORONOV   First Name   VLADIMIR
Policy # * 6614619949 Claim #* 010000106510
Attorney
Attorney is Applicable
Last Name* GRICHENER First Name * ULYANA Initial
Street Address* 800 E BROWARD BLVD, SUITE 510
City, State Zip* HOLLYWOOD , FLORIDA 33001
Email Address * UG@WEKLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   FIRST PROTECTIVE INSURANCE COMPANY
NAIC Company Code 10897
 
Name of individual responsible for violation (if any):* SHAVONDA CARADINE,
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
* 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)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information.
626.9541(1)(i)(3)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

2. Your Duties After Loss. 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: a. Give immediate notice to us or our agent. (1) If your policy provides hurricane or windstorm coverage, then see the Notice of Claim Condition to determine by when you must file a claim after a loss due to hurricane or windstorm. . . . Except for Reasonable Emergency Measures taken under Additional Coverage 2., there is no coverage for repairs that begin before the earlier of: (a) 72 hours after we are notified of the loss; (b) The time of loss inspection by us; or (c) The time of other approval by us. b. (1) To the degree reasonably possible, retain the damaged property; and (2) Allow us to inspect, subject to b.(1) above, all damaged property prior to its removal from the "residence premises". . . . e. Protect the property from further damage. The following must be performed: (1) 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 e.(1) 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. (2) Keep an accurate record of repair expenses. f. Cooperate with us in the investigation of a claim. . . . h. As often as we reasonably require: (1) Show the damaged property; (2) Provide us with records and documents we request and permit us to make copies; (3) Any and all "insureds" must submit to recorded statements when requested by us; . . . (5) Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and . . . 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. . . . 8. Suit Against Us is deleted and replaced by the following 8. Suit Against Us. No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started within 5 years after the date of loss. . . . Notice of Claim If your policy provides hurricane or windstorm coverage, then a claim, supplemental claim or reopened claim for loss or damage caused by hurricane or other windstorm must be given to us in accordance with the terms of this policy and within three years after the hurricane first made landfall or a windstorm other than a hurricane caused the damage. (Supplemental claim or reopened claim means an additional claim for recovery from us for losses from the same hurricane or other windstorm which we have previously adjusted pursuant to the initial claim.) This condition concerning time for submission of claim does not affect any limitation for legal action against us as provided in this policy under the Suit Against Us Condition including any amendment to that condition
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Vladimir Voronov (Insured) purchased a policy of homeowners insurance from First Protective Insurance Company d/b/a Frontline Insurance Company (Frontline), policy number 6614619949, with effective policy period of October 14, 2022 through October 14, 2023. On or about April 26, 2023, while the subject policy was in full force and effect, the Insured’s property located at 629 Fiddleleaf Circle, Melbourne, Florida 32904 suffered a loss as a result of a wind and/or hailstorm. Specifically, the property suffered roof, window, interior and screen enclosure damages. Sometime towards November 2023 when a piece of ceiling fell in the living area, the Insured, a military individual who frequently travels for work and for the military, undertook action. The Insured searched for help to make repairs immediately and came across a public adjusting firm that performed a thorough inspection and apprised that of further damages to the roof and interior which the Insured had not realized at first. The claim was promptly reported to Frontline who acknowledged the loss and assigned claim number 010000106510. The Insured undertook to protect the property from further damage by retaining tarping services, water mitigation services and mold remediation services. All documentation for theses services were provided to Frontline. The Insured also provided a number of documents to Frontline showcasing that they property was free from damage prior to the date of loss and in fact, that Frontline has deems the property insurable with an inspection report provided at policy inception with proof of any issues taken care of and the property was water tight before the loss. Frontline has the property inspected on December 19, 2023. Frontline then re-inspected the property on March 21, 2024. On April 22, 2024, Frontline denied the claim without providing an engineer’s findings or report. The Insured’s public adjusting firm, Sky Property Claims Adjusting inspected the property, took photographs and prepared an estimate of $54,816.15 to put the property back to its pre-loss condition. The estimate and photographs were provided to Frontline for review and assessment. Frontline was also provided with tarping, water mitigation and mold remediation photographs, dryout logs, and invoices, and a sworn proof of loss. Frontline stayed steadfast in their denial of the loss. The Insureds frustrated with their insurance company to whom they have dutifully been paying their annual policy premiums only to be turned away when they suffered a covered loss, were forced to seek legal counsel. The Insurer's actions amount to but are not limited to the following: 1. Claim delay 2. Not treating the Insured with good faith claims conduct 3. Looking for ways to deny recovery to the Insured 4. Shifting the burden of investigating onto the Insured 5. Conducting inadequate investigations. Therefore, to cure the defects outlined in this civil remedy notice, the Insurer must: (1). Admit full coverage for the Insured's loss. (2). Tender full benefits owed to the Insured under the insurance contract.
Comments
User Id Date Added Comment
edwin@bcflalaw.com 04-09-2025 April 9, 2025 VIA EMAIL: Vladimir Voronov c/o Ulyana Grichener, Esq. ug@weklaw.com RE: Policyholders: Vladimir Voronov Claim Number: 01000106510 Policy Number: 6614619949 CRN Filing Number: 806038 Dear Ms. Grichener: This is the formal response of First Protective Insurance Company d/b/a Frontline Insurance (“Frontline”) to the purported Civil Remedy Notice of Insurer Violations (“Purported Notice”) that was filed on behalf of Vladimir Voronov. The Florida Department of Financial Services accepted the Purported Notice, in form only, on February 10, 2025. The Purported Notice was filed in connection with Vladimir Voronov’s insurance claim for property damage. The Purported Notice names Frontline and alleges claim denial and claim delay allegedly in violation of 624.155(1)(b)(1), 626.9541(1)(i)(3)(a), 626.9541(1)(i)(3)(d), and 626.9541(1)(i)(3)(g) Florida Statutes. The Purported Notice is a legal nullity for the four reasons discussed below. Frontline reserves all (and waives none) of its rights or defenses, including its right to assert additional deficiencies in the Purported Notice. Under Section 624.155(3), Florida Statutes, a claimant must file a notice with the Florida Department of Financial Services (“the Department”) at least 60 days before filing a Statutory “bad faith” lawsuit. This notice is commonly referred to as a “civil remedy notice” (“CRN”). Section 624.155(3), Florida Statutes sets out five pieces of information which must be included in a CRN: 1. The statutory provision, including the specific language of the statute, which the authorized insurer allegedly violated; 2. The facts and circumstances giving rise to the violation; 3. The name of any individual involved in the violation; 4. Reference to 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; and 5. A statement that the notice is given in order to perfect the right to pursue the civil remedy authorized by this section. The statute also provides that, in addition to these five requirements, the CRN shall be “on a form provided by the [Department] and shall state with specificity . . . such other information as the department may require.” (emphasis added); The Florida Supreme Court has held that Section 624.155, Florida Statutes “must be strictly construed.” Talat Enterprises, Inc. v. Aetna Cas. and Sur. Co., 753 So. 2d 1278, 1283 (Fla. 2000). Strict construction is appropriate as “this statute is in derogation of the common law.” Id. When interpreting a statute in derogation of the common law, “[a] court will presume that such a statute was not intended to alter the common law other than as clearly and plainly specified in the statute.” Time Ins. Co., Inc. v. Burger, 712 So. 2d 389, 393 (Fla. 1998). Accordingly, such an interpretation would mean that statutory bad faith cases cannot proceed unless the claimant has specifically complied will all statutory requirements. Deficiency #1 The Purported Notice fails to list the correct claim number for Vladimir Voronov’s insurance claim under Policy Number 6614619949, as required by Form DFS-10-363. The Purported Notice lists the claim number as 010000106510 whereas the claim number actually is 01000106510. As the applicable statute requires that all fields on the CRN form must be stated with specificity, and as this statute is strictly construed, the above-referenced deficiency independently nullifies the Purported Notice. This deficiency applies to all allegations in the Purported Notice, including but not limited to claim denial and claim delay allegedly in violation of 624.155(1)(b)(1), 626.9541(1)(i)(3)(a), 626.9541(1)(i)(3)(d), and 626.9541(1)(i)(3)(g) Florida Statutes. Deficiency #2 Section 624.155(3)(b)(2), Florida Statutes, requires that the CRN state with specificity the facts and circumstances giving rise to the violation. The Purported Notice does not supply specific facts or circumstances that explain the allegations. Rather, the Purported Notice contains incorrect facts and baseless allegations. The Purported Notice also fails to explain how the purported facts constitute violations of Florida law. Thus, the Purported Notice is invalid for noncompliance with Section 624.155(3)(b)(2), Florida Statutes. This deficiency applies to all allegations in the Purported Notice, including but not limited to claim denial and claim delay allegedly in violation of 624.155(1)(b)(1), 626.9541(1)(i)(3)(a), 626.9541(1)(i)(3)(d), and 626.9541(1)(i)(3)(g) Florida Statutes. Deficiency #3 Section 624.155(3)(b)(4), Florida Statutes, requires the CRN 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. Your client is 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. Rather, the Purported Notice cites what appears to be a section of an insured’s obligation related to post-loss conditions from an unknown and unidentified policy. The Purported Notice alleges several “policy-related” violations; therefore, it must cite the policy language that is relevant to such violations. It does not. Thus, the Purported Notice is invalid for noncompliance with Section 624.155(3)(b)(4), Florida Statutes. This deficiency applies to all allegations in the Purported Notice, including but not limited to claim denial and claim delay allegedly in violation of 624.155(1)(b)(1), 626.9541(1)(i)(3)(a), 626.9541(1)(i)(3)(d), and 626.9541(1)(i)(3)(g) Florida Statutes. On March 3, 2021, the Fourth District Court of Appeal issued a relevant opinion in Junior Julien v. United Property and Casualty Insurance Company, No. 4D19-2763. In Julien, the insured appealed the circuit court’s dismissal of his lawsuit against his insurer, finding that the insured’s Civil Remedy Notice (“CRN”) failed to satisfy the statutory requirement that an insured “state with specificity” the policy language and the statutory provisions at issue. In his CRN, the insured cited numerous statutory provisions and listed nearly every provision in the insurance policy. On appeal, the Fourth District affirmed the dismissal and agreed with the circuit court that the CRN failed to specify the statutory and policy provisions at issue. Like the CRN in Julien, the Purported Notice fails to “state with specificity” the policy language at issue. Deficiency #4 The Purported Notice does not supply necessary information that would allow Frontline to “cure” the alleged violations, as required by Florida law. In Talat Enter., Inc. v. Aetna Cas. and Sur. Co., 753 So. 2d 1278, 1283 (Fla. 2000), the Florida Supreme Court stated that alleged statutory violations may be “cured,” in the context of a first-party insurance claim, by payment of “the contractual amount due the insured” within the 60 days following the acceptance of a valid notice. The Purported Notice makes two vague demands but does not tell Frontline what amount your clients would accept as a “cure.” This deficiency applies to all allegations in the Purported Notice, including but not limited to claim denial and claim delay allegedly in violation of 624.155(1)(b)(1), 626.9541(1)(i)(3)(a), 626.9541(1)(i)(3)(d), and 626.9541(1)(i)(3)(g) Florida Statutes. Notwithstanding the deficiencies in, and the invalidity of, the Purported Notice, Frontline denies any wrongdoing. It specifically denies that it violated the insurance policy or Florida Statutes, as alleged in the Purported Notice. Please be advised, by this letter, Frontline neither waives, nor is estopped, from asserting any and all rights it may have in law, or, under the terms of the policy. In fact, Frontline hereby again, expressly, and specifically, reserves all of its rights, without exception or limitation. If you have any questions or concerns with this response, or, regarding any other matter, please contact me in writing. Sincerely, /s/ Joseph A. Buhrts Joseph A. Buhrts BICKFORD & CHIDNESE, LLP 1860 N. Avenida Republica de Cuba Tampa, Fl 33605 (813) 576-0096 jbuhrts@bcflalaw.com
Acknowledgement
* The submitter hereby states that this notice is given in order to perfect the rights of the person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes.

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DFS-10-363
Rev. 10/14/2008