Filing Number: 806608
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| Filing Accepted: 2/12/2025 |
| Last/Business Name
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BODDIE
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First Name |
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DERRICK |
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| Street Address
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148 SUNFISH DRIVE |
| City, State Zip
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WINTER HAVEN,
FL
33881
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| Email Address
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FEACHER1974@GMAIL.COM |
| Complainant Type:
*
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Insured |
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| Last/Business Name* |
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BODDIE |
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First Name |
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DERRICK |
| Policy # * |
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FLA379905 |
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Claim #* |
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1361567-241001 |
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Attorney is Applicable
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| Last Name* |
ROLLE
First Name *
CRAIG
Initial
D.
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| Street Address* |
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708 E. COLONIAL DR., SUITE 103 |
| City, State Zip* |
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ORLANDO
,
FLORIDA
32803
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| Email Address * |
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CR@WEKLAW.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 STRATEGIC INSURANCE CORP.
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| Insurer Name* |
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| Street Address* |
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| City, State Zip* |
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,
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NAIC Company Code 10872 |
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| Name of individual responsible for violation (if any):*
SEE BELOW
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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 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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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
Specific policy language contained in the Insured's insurance contract that is relevant to the violations by Carrier Insurance Company includes, but is not limited to, the following: Coverage A, B, C, D and E Provisions, all additional Coverage Provisions, all coverage provided by endorsement or rider, the declarations page, loss payment or settlement provisions, provisions pertaining to the duties in the event of a loss, all terms and conditions pertaining to Section I of the insurance policy, the insurance policy’s definitions section, the insurance policy’s exclusion of coverage provisions, all insurance policy provisions that provide coverage to the Insured’s property; and all other relevant policy provisions.
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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.
In consideration of payment of an annual premium, an all-risk residential property insurance policy was in full force and effect with American Strategic Insurance Corp. (“Carrier”) bearing policy number FLA379905 and claim number
1361567-241001, for a property located at
148 Sunfish Drive, Winter Haven, FL 33881 (Property). The owners of the Property are the named Insureds, Chandra Jackson Boddie and Derrick Boddie.
On or about 04/26/2023, the Insureds’ Property suffered a loss due to inclement weather. In response, the Carrier assigned the above claim number to this loss and conducted an inspection of the Property. Shortly thereafter, the Carrier issued payment for the loss; however; the payments
Unhappy with the Carrier’s treatment and handling of this claim, the Insureds retained the undersigned counsel which could have been avoided had the Carrier properly investigated and correctly paid the entire estimate for this claim. The Carrier failed to promptly settle the Insured’s insurance claim when the obligation to settle the insurance claim had become reasonably clear.
The Carrier has therefore NOT acted in good faith during the adjustment of this claim. Specifically, the Carrier has violated the following statutory provisions under Florida law:
• Carrier has violated Florida Statute § 624.155(1)(b)(3) by failing to promptly settle this obviously covered claim to influence settlement in its favor. Despite being presented with evidence that it has underpaid this claim, the Carrier still refuse to made additional payments.
• The Carrier has violated Florida Statutes § 626.9541(1)(i)(2) and § 626.9541(1)(i)(3)(b) by making material misrepresentations to the Insured for the purpose and with the intent to settle the claim on less favorable terms than those provided and contemplated by the policy.
• The Carrier has also violated § 626.9541(1)(i)(3)(a) when it failed to adopt and implement standards for the proper investigations of claims. Quite simply, Carrier and its representatives are willfully blind and grossly underqualified to handle a loss such as the one sustained by the Insured.
In addition, after being placed on notice as to the blatant failure to properly adjust this claim, Carrier has yet to rectify their actions and do right thing by the Insured by paying the money she is contractually owed.
We believe Carrier will profit from its wrongful conduct and its behavior is tantamount to unfair claim settlement practices under Florida Stat. 626.9541(1)(i)(3). As noted above, the Carrier violated § 626.9541(1)(i)(3)(c) by failing to acknowledge and act promptly upon the communications with respect to the claim.
The Insured has more than complied with every request and duty under the Policy and there has still been no action by Carrier to rectify its underpayment of this claim. In the event the Carrier needs additional information, it has failed to promptly notify the Insured in a timely manner.
Moreover, this pattern of behavior is perpetuated by Carrier and its representatives undeterred by the Ethical Requirements that are imposed by law on all Adjusters. Fla. Admin. Code Ann. R. (3) explicitly states the adjustment of insurance claims engage the trust of the public, and therefore, an adjuster has a duty of fair and honest treatment of the Insured throughout the insurance claim process.
Several duties and responsibilities owed to the Insured were violated in the handling of this claim, which are specifically listed responsibilities of an Adjuster in the Florida Administrative Code. These breached duties and responsibilities include adjusters from Carrier approaching the investigation and settlement in a manner prejudicial to the Insured, failing to allow a fair settlement with her and acting with due diligence in achieving a proper disposition of the claim. In contrast to the legislative intent motivating the enumeration of an Adjuster’s responsibilities outlined in the Administrative Code, the Insured was not afforded the professional duties entrusted on Carrier by the public.
As of the filing of this civil remedy notice, Carrier has failed to adequately compensate the Insured for the damage that occurred on or about February 4, 2024. As a direct result of Carrier ’s delay and failure to respond to the Insured, she was forced to seek the help of legal counsel. Due to the amount of time that has passed since the date of loss, this acknowledgement is evidence that Carrier knowingly and intentionally delayed the claims process to further disadvantage the Insured.
The financial detriment caused to the Insured is a direct result Security First’s reckless delay of the claim and litigation process. The Insured was (and still is) dutiful customers who made it a priority to pay their insurance premiums to ensure that in such an event as this devastating incident, their home would be covered. In other words, the Insured has held up her end of the contractual bargain whereas the Carrier has not.
The Insured timely filed her claim once they had discovered the source of the covered loss and the ensuring damage caused by it.
All requested information and documentation were turned over to Carrier and its representatives promptly by the Insured. Carrier failed at every step of the process to adequately establish or identify the basis of its gross mismanagement of the claim, failed to inform the Insured how she may remedy any deficiencies in her claim, and failed to provide her with qualified representatives to ensure the claim was initially adjusted, evaluated, estimated properly, and paid fully.
To deny the Insured the benefit of the bargain after she has satisfied all of the obligations is morally and ethically reprehensible, and reeks of Unfair Trade Practice. Upon information and belief, the actions complained of, among others, made by Carrier so often as to constitute a general business practice, evidencing a motive to enhance its profits, and designed to cause a detrimental effect to its policy holder.
Carrier was aware that the Insured’s damages were in covered under the policy yet took advantage of them in an attempt to force them into an irreparable disadvantaged position by underpaying the claim. The Carrier hopes that its conduct will force the Insured to settle for less coverage than they are contractually entitled to under the policy.
This notice is given in order to perfect the right to pursue the civil remedy authorized by Section 624.155, Florida Statutes, should Carrier fail to cure the violations set forth in this Civil Remedy Notice within the given time period.
To cure the defects outlined in this Civil Remedy Notice, Carrier must:
(1) Immediately tender all insurance proceeds due and owing to the Insured that are fairly owed to them under the insurance policy that would reasonably place them back to a pre-loss condition pursuant to the estimate of damages in the amount of $47,641.00.
In consideration of payment of an annual premium, an all-risk residential property insurance policy was in full force and effect with American Strategic Insurance Corp. (“Carrier”) bearing policy number FLA379905 and claim number
1361567-241001, for a property located at
148 Sunfish Drive, Winter Haven, FL 33881 (Property). The owners of the Property are the named Insureds, Chandra Jackson Boddie and Derrick Boddie.
On or about 04/26/2023, the Insureds’ Property suffered a loss due to inclement weather. In response, the Carrier assigned the above claim number to this loss and conducted an inspection of the Property. Shortly thereafter, the Carrier issued payment for the loss; however; the payments
Unhappy with the Carrier’s treatment and handling of this claim, the Insureds retained the undersigned counsel which could have been avoided had the Carrier properly investigated and correctly paid the entire estimate for this claim. The Carrier failed to promptly settle the Insured’s insurance claim when the obligation to settle the insurance claim had become reasonably clear.
The Carrier has therefore NOT acted in good faith during the adjustment of this claim. Specifically, the Carrier has violated the following statutory provisions under Florida law:
• Carrier has violated Florida Statute § 624.155(1)(b)(3) by failing to promptly settle this obviously covered claim to influence settlement in its favor. Despite being presented with evidence that it has underpaid this claim, the Carrier still refuse to made additional payments.
• The Carrier has violated Florida Statutes § 626.9541(1)(i)(2) and § 626.9541(1)(i)(3)(b) by making material misrepresentations to the Insured for the purpose and with the intent to settle the claim on less favorable terms than those provided and contemplated by the policy.
• The Carrier has also violated § 626.9541(1)(i)(3)(a) when it failed to adopt and implement standards for the proper investigations of claims. Quite simply, Carrier and its representatives are willfully blind and grossly underqualified to handle a loss such as the one sustained by the Insured.
In addition, after being placed on notice as to the blatant failure to properly adjust this claim, Carrier has yet to rectify their actions and do right thing by the Insured by paying the money she is contractually owed.
We believe Carrier will profit from its wrongful conduct and its behavior is tantamount to unfair claim settlement practices under Florida Stat. 626.9541(1)(i)(3). As noted above, the Carrier violated § 626.9541(1)(i)(3)(c) by failing to acknowledge and act promptly upon the communications with respect to the claim.
The Insured has more than complied with every request and duty under the Policy and there has still been no action by Carrier to rectify its underpayment of this claim. In the event the Carrier needs additional information, it has failed to promptly notify the Insured in a timely manner.
Moreover, this pattern of behavior is perpetuated by Carrier and its representatives undeterred by the Ethical Requirements that are imposed by law on all Adjusters. Fla. Admin. Code Ann. R. (3) explicitly states the adjustment of insurance claims engage the trust of the public, and therefore, an adjuster has a duty of fair and honest treatment of the Insured throughout the insurance claim process.
Several duties and responsibilities owed to the Insured were violated in the handling of this claim, which are specifically listed responsibilities of an Adjuster in the Florida Administrative Code. These breached duties and responsibilities include adjusters from Carrier approaching the investigation and settlement in a manner prejudicial to the Insured, failing to allow a fair settlement with her and acting with due diligence in achieving a proper disposition of the claim. In contrast to the legislative intent motivating the enumeration of an Adjuster’s responsibilities outlined in the Administrative Code, the Insured was not afforded the professional duties entrusted on Carrier by the public.
As of the filing of this civil remedy notice, Carrier has failed to adequately compensate the Insured for the damage that occurred on or about February 4, 2024. As a direct result of Carrier ’s delay and failure to respond to the Insured, she was forced to seek the help of legal counsel. Due to the amount of time that has passed since the date of loss, this acknowledgement is evidence that Carrier knowingly and intentionally delayed the claims process to further disadvantage the Insured.
The financial detriment caused to the Insured is a direct result Security First’s reckless delay of the claim and litigation process. The Insured was (and still is) dutiful customers who made it a priority to pay their insurance premiums to ensure that in such an event as this devastating incident, their home would be covered. In other words, the Insured has held up her end of the contractual bargain whereas the Carrier has not.
The Insured timely filed her claim once they had discovered the source of the covered loss and the ensuring damage caused by it.
All requested information and documentation were turned over to Carrier and its representatives promptly by the Insured. Carrier failed at every step of the process to adequately establish or identify the basis of its gross mismanagement of the claim, failed to inform the Insured how she may remedy any deficiencies in her claim, and failed to provide her with qualified representatives to ensure the claim was initially adjusted, evaluated, estimated properly, and paid fully.
To deny the Insured the benefit of the bargain after she has satisfied all of the obligations is morally and ethically reprehensible, and reeks of Unfair Trade Practice. Upon information and belief, the actions complained of, among others, made by Carrier so often as to constitute a general business practice, evidencing a motive to enhance its profits, and designed to cause a detrimental effect to its policy holder.
Carrier was aware that the Insured’s damages were in covered under the policy yet took advantage of them in an attempt to force them into an irreparable disadvantaged position by underpaying the claim. The Carrier hopes that its conduct will force the Insured to settle for less coverage than they are contractually entitled to under the policy.
This notice is given in order to perfect the right to pursue the civil remedy authorized by Section 624.155, Florida Statutes, should Carrier fail to cure the violations set forth in this Civil Remedy Notice within the given time period.
To cure the defects outlined in this Civil Remedy Notice, Carrier must:
(1) Immediately tender all insurance proceeds due and owing to the Insured that are fairly owed to them under the insurance policy that would reasonably place them back to a pre-loss condition pursuant to the estimate of damages in the amount of $47,641.00.
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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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