Civil Remedy Notice of Insurer Violations
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Filing Number:     806125
Filing Accepted:  2/10/2025
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Complainant
Last/Business Name *  
CROSS   First Name   JAMAL
Street Address * C/O 648 US HWY ONE
City, State Zip * NORTH PALM BEACH, FL 33408
Email Address * SILVIA@LAWTEAM.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   3375 AVENUE J LLC   First Name  
Policy # * F17336459–01 Claim #* KY24K2867348
Attorney
Attorney is Applicable
Last Name* CAVATARO First Name * ARTHUR Initial B
Street Address* 648 US HWY ONE
City, State Zip* NORTH PALM BEACH , FL 33408
Email Address * ACAVATARO@LAWTEAM.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   CHUBB NATIONAL INSURANCE COMPANY
NAIC Company Code 10052
 
Name of individual responsible for violation (if any):* JAMIE ALPERT
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Not available.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

This claim arises from an injury incident caused by the negligence of Westchester's insured, 3375 AVENUE J LLC. Specifically, on June 8, 2024, Mr. Cross was on the premises of 3375 AVENUE J LLC, when a section of ceiling collapsed, striking him. As a result, Mr. Cross required emergency and follow up care, including orthopedic and advanced imaging studies. MRI reports indicate disc protrusions/herniations at C3-4, C4-5, and C6-7, with a disc extrusion causing cord impingement at C5-6. Mr. Cross also has lumbar disc protrusions/herniations at L4-5 and L5-S1. His medical expenses total $40,722.37, and potential spinal surgery may increase costs to over $100,000.00. Despite the foregoing, Westchester has failed, refused or otherwise neglected to make any effort at all to negotiate this claim. In fact, despite receiving a comprehensive 173-page demand package on November 7, 2024, Westchester has not acted in good faith by refusing to engage in pre-litigation settlement discussions, in violation of Florida law.
Comments
User Id Date Added Comment
devin.wallace@chubb.com 04-10-2025 The adjuster responded to the complaint by e-mailing the Claimant's Counsel on 2/11/25. In short, the adjuster rejected the allegations of mishandling and reiterated the need for additional information to establish liability and support the demand made. The adjuster provided a copy of a video which supports our liability position and invited the Claimant's Counsel to provide additional supporting documents.
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