Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 806637

Filing Accepted: 2/12/2025

Print Filing

Complainant

Last/Business Name *

HENNESSY

First Name

KIMBERLY

Street Address *

3505 LEGACY HILLS COURT

City, State Zip *

LONGWOOD, FL 32779

Email Address *

INTAKE2@THEKRFIRM.COM

Complainant Type: *

Insured

Last/Business Name*		HENNESSY		First Name		KIMBERLY
Policy # *		8420886236		Claim #*		01000084995

Attorney

Attorney is Applicable

Last Name*	KADIR First Name * ALI Initial A.
Street Address*		986 DOUGLAS AVE, STE. 102
City, State Zip*		ALTAMONTE SPRINGS , FL 32714
Email Address *		INTAKE2@THEKRFIRM.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):* TABITHA WORTHEY, GRAHAM WAAK, AND ALL FRONTLINE CLAIMS ADJUSTERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, AND/OR ENGINEERS WHO HANDLED THE CLAIM.
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Non-renewal
	Claim Denial
	Claim Delay
	Unsatisfactory Settlement Offer
	Unfair Trade Practice
	Other : Misrepresentation

* 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.
	624.155(1)(b)(3)		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.
	626.9541(1)(i)(3)(a)		Failing to adopt and implement standards for the proper investigation of claims.
	626.9541(1)(i)(3)(b)		Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
	626.9541(1)(i)(3)(c)		Failing to acknowledge and act promptly upon communications with respect to claims.
	626.9541(1)(i)(3)(d)		Denying claims without conducting reasonable investigations based upon available information.
	626.9541(1)(i)(3)(e)		Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed.
	626.9541(1)(i)(3)(f)		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.
	626.9541(1)(i)(3)(g)		Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
	626.9541(1)(i)(3)(h)		Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
	626.9541(1)(i)(4)		Failing to pay undisputed amounts of partial or full benefits owed under first-party property insurance policies within 60 days after an insurer receives notice of a residential property insurance claim, determines the amounts of partial or full benefits, and agrees to coverage, unless payment of the undisputed benefits is prevented by factors beyond the control of the insurer as defined in s. 627.70131(5).

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

“D. Coverage D – Loss of Use . . . . 1. Additional Living Expenses If a loss covered under Section I makes that part of the “residence premises” where you reside not fit to live in, we cover any necessary increase in in living expenses incurred by you so that your household can maintain its normal standard of living. . . . . E. Additional Coverages . . . . 11. Ordinance or Law a. You may use up to 10% of the limit of liability that applies to Coverage A for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates: (1) The construction, demolition, remodeling, renovation or repair of that part of a covered building or other structure damaged by a Peril Insured Against. . . . . b. You may use all or part of this ordinance or law coverage to pay for the increased costs you incur to remove debris resulting from construction, demolition, remodeling, renovation, repair or replacement of property as stated in a. above. . . . . SECTION I PERILS INSURED AGAINST A. Coverage A – Dwelling And Coverage B – Other Structures 1. We insure against direct physical loss to property described in Coverages A and B.”

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

Kimberly Hennessy is a homeowner insured with an all-risks policy issued by First Protective Insurance Company dba Frontline Insurance (“Frontline”). The insured property or home is located at 3505 Legacy Hills Court, Longwood, Florida 32779. In September of 2022, Hurricane Ian caused extensive damage to Ms. Hennessy’s home. Ms. Hennessy timely reported an insurance claim for this damage to Frontline and fully cooperated with all requests for inspections. She provided all requested documentation, if any, and complied with all post loss policy conditions. After reporting the claim, Frontline retained an unqualified and biased field adjuster who has a financial relationship with Frontline. This field adjuster inspected Ms. Hennessy’s home in an apparent effort to minimize Frontline’s losses instead of adjusting the claim in good faith in due regard for Ms. Hennessy’s interests. Ms. Hennessy’s claim eventually went to Appraisal pursuant to the policy terms and an Appraisal Award payment was issued; however, said Appraisal Award did not address all damages, including both Additional Living Expenses (ALE) and Ordinance & Law (O & L), which she has incurred. Said Appraisal Award specifically stated "NOT ADDRESSED" for both ALE and O & L. And despite Frontline’s admission to coverage, it refused to pay for Ms. Hennessy’s remaining damages. Due to such, Ms. Hennessy has not been able to permanently repair her home. Indeed, numerous invoices evidencing her remaining damages such as invoices for: window temporary repairs and restoration/rebuild, testing, pressure washing, re-paint, and window cover removal/re-cover for inspections; as well as invoices for shutter replacement/installation; mold remediation, monthly rent for rental home, pet boarding, and a post-installation cleaning quote were all prepared on behalf of Ms. Hennessy totaling $239,934.54 and were submitted to Frontline; all of which have gone ignored to date. Based on these facts, it is clear Frontline unreasonably denied full coverage for Ms. Hennessy’s claim in bad faith through its extremely low and unreasonable undervaluation of her claim. Had Frontline conducted a reasonable investigation based upon the available information, it would have been evident that affording greater coverage and issuing a substantially higher payment is warranted. Instead, it failed to adopt and implement standards for proper claim investigation as well as misrepresented pertinent policy provisions/facts rather than act fairly and/or honestly with Ms. Hennessy in due regard for her interests. Frontline also delayed the claim and failed to timely respond to communications. This has become a common business practice of Frontline. Florida Statute § 624.02 defines insurance as a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit based on determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that insureds may mitigate their damages and be put back into the position they were in prior to the loss as quickly as possible. Frontline has breached this duty by refusing to properly and timely adjust the loss. As a result, Ms. Hennessy will have no choice but to retain the undersigned counsel to file a lawsuit against Frontline. Frontline has more than enough information and is still refusing to accept coverage for this claim. This continued and repeated reckless claim delay and denial of coverage will result in a significant punitive damage award if a bad faith lawsuit is filed. Frontline further mailed Ms. Hennessy a Notice of Nonrenewal. On this Notice of Nonrenewal, it lists the "DATE ISSUED" as 01/11/2025 and the "Expiration Date" as 05/16/2025 at 12:01 AM. Frontline can avoid a lawsuit for bad faith by immediately accepting full coverage under the subject insurance policy for this claim and by paying Ms. Hennessy $207,934.54, which is the policy limit for coverage A less the 2% hurricane deductible.

Comments

User Id		Date Added		Comment
bkelley@wallenkelley.com		04-11-2025		April 11, 2025 Florida Department of Financial Services Consumer Assistance/Civil Remedy Section Larson Bldg., 200 E. Gaines Street Tallahassee, Florida 32399-0322 Re: Complainant: Kimberly Hennessy Address: 3505 Legacy Hills Court, Longwood, FL 32779 Email: intake2@thekrfirm.com Insured: Kimberly Hennessy Policy #: 8420886236 Claim: 01000084995 Attorney: Ali A. Kadir Address: 986 Douglas Ave., Ste. 102, Altamonte Springs, FL 32714 DOI File #: 806637 Date of Acceptance: February 12, 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, Kimberly Hennessy. Frontline’s response is specifically in regard to Claim 01000084995, which is related to a claim for Insured’s property located at 3505 Legacy Hills Court, Longwood, FL 32779, which was insured by Frontline under Policy # 8420886236 with effective dates of that Policy being May 16, 2022 through May 16, 2023, and was in effect on the alleged date of loss, September 28, 2022. Statement of Facts This matter arises from an alleged Hurricane Ian claim at the Insured’s Longwood, 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: 01000084995 The instant claim was reported to Frontline on October 17, 2022, with a date of loss of September 28, 2022. After receipt of the claim, Frontline assigned a claim number, 01000084995, and, on October 17, 2022, sent an acknowledgment letter to the Insured. In addition, Frontline provided a Homeowners’ Bill of Rights to inform her of her 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 Insured of her 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 sixty (60) 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.” Thereafter, Frontline retained the services of a licensed Field Adjuster to inspect the property. On October 18, 2022, William “David” Rhodes, a licensed Field Adjuster with Pilot Services on Demand, called the Insured to plan an inspection of the property for later that day. Thus, on October 18, 2022, Mr. Rhodes inspected the property in the presence of the Insured. During that inspection, he reviewed the roof, exterior, and interior, and photographed the same. Thereafter, he prepared a report and estimate, which he sent to Frontline along with his photographs. Following receipt and review of the Field Adjuster’s report, estimate, and photographs, on November 15, 2022, Frontline’s Desk Adjuster, Melva Parks, called the Insured to discuss the claim. At first, the Insured answered, but requested to be called back in ten minutes. However, when Ms. Parks returned the call after the allotted time, the Insured did not answer. After numerous tries, Ms. Parks left a voicemail for the Insured. The Insured called back later that day. On that call, Ms. Parks when over the Field and Desk Adjuster roles as well as their findings and other important information about her claim such as the duty to mitigate damages. The Insured then stated that she knew she would be under the deductible, but wanted a letter stating that so that she could apply to FEMA. Thus, later that day, on November 15, 2022, Frontline sent a coverage determination letter that stated: “Enclosed is a copy of the estimate of damages for the property located at 3505 Legacy Hills Court Longwood, FL 32779. As you can see, the loss of $10,827.58 is less than the policy deductible of $32,000.00. As a result, we are not able to extend payment at this time and will take no further action on your claim. Frontline expressly reserves all of the rights, conditions, terms, provisions, exclusions, or requirements contained in your policy. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. Should you have any questions or concerns, please feel free to contact me Monday through Sunday between the hours of 7:00am and 7:00pm EST. I can be reached at (251) 634-5230. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” However, three months later, on February 9, 2023, Frontline received a call from the Insured who stated she wanted a re-inspection of the property and for her initial coverage determination letter to be sent to her and her Public Adjuster; a request Frontline completed on February 21, 2022. On March 3, 2023, following the Insured submitting additional claim documents, Frontline’s Desk Adjuster, Michael Bailey, attempted to call the Insured, however, she did not respond, so Mr. Bailey left a message stating he wished to discuss the documents, re-inspection, , and his contact information. On March 7, 2023, Frontline’s licensed Field Adjuster, Lawrence McGinley with Pilot Catastrophe Services, contacted the Insured and planned a re-inspection of the property for March 22, 2023. On March 14, 2023, Mr. Bailey again attempted to reach the Insured and again left a voicemail with his contact information. On March 21, 2023, the Insured’s roofer called Frontline to inquire about the upcoming re-inspection. Frontline’s Desk Adjuster told the roofer the date and time and provided the Field Adjuster’s contact information. Thus, on March 22, 2023, Mr. McGinley re- inspected the property in the presence of the Insured and her roofer, Joe Berlingeri of JA Edwards of America. During that inspection, he reviewed the roof, exterior, and interior, and took additional photographs the same, supplementing the photographs of the initial Field Adjuster. Thereafter, he prepared a supplemental report and estimate, which he sent to Frontline along with the photographs. Following receipt of Mr. McGinley’s material, on April 14, 2023, Frontline’s Desk Adjuster, Mr. bailey, attempted to call the Insured to discuss Mr. Bailey’s findings and estimate, but he was forced to leave a message when the Insured did not answer. On April 17, 2023, the Insured’s roofer called Frontline to inquire about the claim. Mr. Bailey explained the findings, which included the roof’s repairability and Itel tile results. Thus, on April 26, 2023, after another failed attempt at contacting the Insured, Mr. Bailey emailed the Insured the Field Adjuster supplemental report and Itel report as well as sending another coverage determination letter that stated: “Enclosed is a copy of the estimate of damages for the property located at 3505 Legacy Hills CT, Longwood, FL 32779-3198 As you can see, the loss of $16,272.45 is less than the policy deductible of $32,000. As a result, we are not able to extend payment at this time and will take no further action on your claim. Frontline expressly reserves all of the rights, conditions, terms, provisions, exclusions, or requirements contained in your policy. Any obligation or legal rights, which may now or hereafter be available to you or to Frontline, are hereby reserved. Should you have any questions or concerns, please feel free to contact me Monday through Friday between the hours of 7:00 a.m. and 7:00 p.m. CST. I can be reached at 251-634-5382.Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible. 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.” However, following receipt of documentation from the Insured’s roofer that the roof cannot be repaired, rather, it must be replaced, on April 27, 2023, Frontline sent a supplemental coverage determination letter that stated: “Based upon Frontline Insurance's current and ongoing investigation, as well as the information you have provided to us to date, an estimated payment for damages from your Hurricane Ian claim has been issued. Three check(s) in the amount of $114,498.15 for dwelling, $300.00 for personal property, and $350.30 for screen enclosure is included along with a copy of the written estimate upon which the payment is based. The amount of the estimated payment is computed based upon the information currently available to us as follows: Dwelling I Structure $ $161 ,081.00 "Other'' Structure(s) $ $0.00 Personal Effects (Contents) $ $300.00 Building Code (Incurred Cost) $ $0.00 Screen Enclosure $ $377.61 Gross Loss $ $161,758.61 Less Recoverable Depreciation $ $14,610.16 Less Non-Recoverable Depreciation $ $0.00 Actual Cash Value $ $147,148.45 Less Deductible $ $32,000.00 Building Code (Incurred Cost) $ $0.00 Less Previous Payments $ $0 NET AMOUNT PAID $ $115,148.45 WE ARE CONTINUING TO EVALUATE YOUR CLAIM 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. We also want to bring to your attention that this is an estimated, actual cash value payment for your insured loss, the amount of which does not necessarily constitute a full and final settlement of your claim, which remains open. Our goal is to indemnify you for your covered loss. In addition to our independent investigation into your loss, we must necessarily rely upon you and your representatives to provide us with any and all information necessary to reach the goal of indemnity. Without your participation or cooperation, the adjustment process breaks down. To that end, we must work together to reach an agreement on the value of your covered loss, and your participation in and cooperation with the claim process is essential. Accordingly, if you disagree with the amount of the estimated actual cash value payment, please notify us of your specific disagreement and the reasons for the disagreement. You may also contact us to present any additional loss or damage that you discover or was not otherwise accounted for as you continue the recovery process. We are available at all times to discuss these matters with you, and we will work with you to reach an agreement on the value of the covered loss. In addition, to assist us in coming to a final adjustment of your covered claim for damages, please provide us with the following: 1. An accurate record of any and all repair expenses incurred to date; 2. Any and all actual cash value estimates of damages prepared by you or on your behalf; 3. Any signed or unsigned contracts, bids, proposals, and estimates for the repairs necessitated by the covered loss; 4. All paid and unpaid invoices and receipts for any work performed to date; 5. An inventory of any damaged personal property; 6. An accurate record of the necessary amount actually spent to repair or replace the damaged building; 7. Any and all available documentation and photographs depicting or evincing the worth or fair market value of the damaged property immediately before the covered loss; 8. Any and all available documentation and photographs depicting or evincing the condition of the damaged property immediately before the covered loss; 9. Any and all documentation and photographs pertaining to any prior property damage, property losses, and insurance claims; 10. Any and all documentation and photographs pertaining to any prior repairs to your covered property; and 11. An updated and current signed, sworn proof of loss. Finally, please indicate whether you intend to make the repairs necessitated by the insured loss or whether you are electing not to repair or rebuild the damage. Collectively, this information will assist us in reaching an agreement as to the full and complete value of your covered loss in accordance with the terms and provisions of your policy. We appreciate the trust you placed in Frontline Insurance and thank you for allowing us to serve you in your time of need. If you should have any questions, feel free to contact me at (251) 634- 5382.” This letter was accompanied by three checks dated May 8, 2023, sent to the Insured for $114,498.15, $300, and $350.30—the total amount owed to the Insured. Additionally, on May 8, 2023, Mr. Bailey attempted to contact the Insured about the payment, but was forced to leave a voicemail when there was no answer. On June 2, 2023, Frontline’s Desk Adjuster, Darla Sirls, called the Insured to discuss the claim. The Insured stated there was mold growing on the property, despite Frontline’s payment for repairs a month prior. The Insured stated she had additional documents she would like to submit to Frontline for review. Following receipt of no additional documents, on June 17, 2023, Frontline sent a Request for Further Information Letter that stated: “This letter is sent to confirm our conversation regarding the above referenced loss. Frontline acknowledges receipt of your claim under the above policy number. We must call your attention to endorsement FIM 00 23 11 21 LIMITED FUNGI, WET OR DRY ROT, OR BACTERIA COVERAGE. A full copy of this endorsement is enclosed for your review. This endorsement provides coverage for increased damages due to ongoing leaks/mold/wet or dry rot with a special policy limit of $25,000.00 per occurrence with a $50,000.00 policy aggregate. Please take special note that all costs or damages due solely to the presence of mold are subject to this limit. This includes, but is not limited to: • The pre-testing and protocol charges. State guidelines require a Protocol Specialist / Hygienist (that is certified in mold protocol) inspect your home to confirm the presence of mold and determine exactly what must be done to remediate or eliminate the mold. This is referred to as the "protocol" as it establishes a step-by-step procedure of the activities and repairs required to clear your home of mold. • The remediation charges by a certified mold remediation contractor. This contractor must be separate from and have no association with the Protocol Specialist/Hygienist, to remain independent and unbiased in their repair work. They follow the protocol established by the Protocol Specialist/Hygienist. • The post-remediation testing or "clearance" testing charges to ensure mold has been removed from the building. The Protocol Specialist/Hygienist will re-inspect your home and perform additional sampling. If the mold has been removed, the Hygienist will certify this by providing you with a Certificate of Clearance/Clearance Report. If remediation is not completed properly and the home fails clearance, they will provide a supplemental protocol to the contractor for the additional activities required. This cycle will continue until testing confirms the building has been cleared of mold. All of the testing by the Protocol Specialist/Hygienist, the remediation activities (i.e. tear out of affected building materials, cleaning, disposal of affected materials), and the build back of any damages solely related to mold, plus any other expenses/damages under Section I of your policy, are subject to the $25,000.00 per occurrence special limit. Please note that this includes any costs incurred for Loss of Use/Additional Living Expenses should your home become unlivable due to mold damages and/or remediation repairs. The choice of a Protocol Specialist/Hygienist and remediation contractor is your responsibility. Please supply us with: • A copy of the protocol from your Protocol Specialist/Hygienist. • A copy of the remediation estimate (following the protocol) from your certified remediation contractor. • A copy of the final Certificate of Clearance or Clearance Report from your Protocol Specialist / Hygienist, along with their invoice(s) for testing. Failure to provide us with a copy of the final Certificate of Clearance, confirming mold has been successfully removed from your home, could result in policy termination. Please send this information to my attention at the address shown on the first page of this letter. Please include your claim number on all correspondence. If hidden damages are found once remediation begins, our adjuster may need to again inspect your property to determine any other coverage your policy may provide. Please do not begin additional repairs until we have this information and the required inspection is completed. Should you have any questions or concerns please feel free to contact me Monday through Friday between the hours of 7:00 a.m. and 7:00 p.m. CST. I can be reached at 251-634-5387.” On June 28, 2023, the Insured called Frontline to see what her coverage limits were. Frontline’s Desk Adjuster, Darla Sirls, informed her that coverage is subject to review. Ms. Sirls also discussed the windows and any potential repairs with the Insured. On July 12, 2023, having still not received documents from the Insured, Ms. Sirls called the Insured to receive an update. The Insured stated that she had still yet to undergo water remediation, but that she had contracted with Time Machine Contracting & Restoration to get that job done as well as to serve as her General Contractor. Ms. Sirls called again on July 25, 2023, on a call where the Insured stated that her General Contractor was working on sending over reports. On August 5, 2023, Ms. Sirls called again, where the Insured stated mediation had still not occurred. She also attempted to discuss additional aspects of the claim such as personal property damage, but because the Insured had not submitted any documentation of such, Ms. Sirls advised the Insured that she cannot give advise on aspects of the claim she does not have the facts on. Thus, following the call, on August 5, 2023, Frontline sent a Request for Further Information Letter that stated: “Frontline is sending this letter to provide you with a timely update about the status of your claim and our continued investigation. Currently your claim is awaiting the additional information you advised you were needing to submit for review and consideration towards your claim. We have requested the following information: • Any other claims related documents This additional information is needed to properly investigate and evaluate your claim. If you have any of the above referenced material, please submit the material you have through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim). Please be advised by investigating your claim and sending this letter, Frontline has neither waived nor intends to waive any legal or policy terms, conditions, rights, provisions or requirements. Likewise, your receipt of this letter and your cooperation with our investigation does not waive any of your rights or obligations under the policy. 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 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 972-275-7430.” On September 5, 2023, Ms. Sirls called the Insured to alert the Insured that, because Frontline had been waiting for her to submit documents since June of 2023, which the Insured has yet to submit, Ms. Sirls would be forced to close the claim if the documents were not submitted in ten days. Following the call, Ms. Sirls sent a letter stating the same that read: “Frontline is sending this letter to provide you with a timely update about the status of your claim and our continued investigation. Currently your claim is awaiting the additional information you advised you were needing to submit for review and consideration towards your claim. We have requested the following information: • Any other claims related documents This additional information is needed to properly investigate and evaluate your claim. If you have any of the above referenced material, please submit the material you have through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim). We have requested the submission of the documents several times to the date of this letter. If we have not received any of the documents regarding your additional claim within 10 days of this letter, we will close the claim until additional is uploaded for our review. Please be advised by investigating your claim and sending this letter, Frontline has neither waived nor intends to waive any legal or policy terms, conditions, rights, provisions or requirements. Likewise, your receipt of this letter and your cooperation with our investigation does not waive any of your rights or obligations under the policy. 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 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 972-275-7430.” Thus, on September 6, 2023, the Insured submitted some documents relating to her claim, and Frontline sent an acknowledgment letter that stated: “This serves to acknowledge our receipt of documents submitted addressed to Frontline Insurance. We received your estimate from Time Machine Contracting & Restoration documentation on 9/6/23. Frontline Insurance provides homeowner's coverage for the above insured. As we continue to investigate the 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, 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 (972) 275-7430.” On September 11, 2023, the Insured called Frontline to inquire whether the mold company sent documents to Frontline. Frontline’s Desk Adjuster, Nina LaFond, alerted the Insured that the mold company sent in a cover page, but no report or photographs, to which the Insured responded that she will get them. This call was repeated on September 15, 2023 with Ms. Sirls stating the same that Ms. LaFond stated. In an email exchange lasting from September 15, 2023 to September 19, 2023, the Insured submitted documents related to her mold claim. Ms. Sirls alerted the Insured that, normally, the Insured is required to submit documents through the portal, however, here, she would make an exception. On September 19, 2023, the Insured’s General Contractor called Ms. Sirls, where Ms. Sirls asked for their estimate if they were acting as General Contractor. It was also stated that another re-inspection might be necessary. Following receipt of additional materials from the General Contractor on September 21, 2023, on September 22, 2023, Frontline sent an acknowledgment letter that stated: “This serves to acknowledge our receipt of documents submitted addressed to Frontline Insurance. We received your signed service agreement from Time Machine Contracting & Restoration documentation on 9/21/23. Frontline Insurance provides homeowner's coverage for the above insured. As we continue to investigate the 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, 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 (972) 275-7430.” Nevertheless, these documents did not contain the General Contractor estimate, so on October 3, 2023, Frontline sent a follow up email to the Insureds and their representatives requesting the estimate. This email was accompanied by a letter that stated: “Frontline is sending this letter to provide you with a timely update about the status of your claim and our continued investigation. Currently your claim is awaiting the additional information from Time Machine LLC to be submitted for review and consideration towards your claim. We have requested the following information: • A completed itemized and detailed estimate from your general contractor, Time Machine LLC. • Supporting photos and documentation for additional damages being claimed • Time Machine LLC complete and final remediation invoice, mold report, dry logs, etc. This additional information is needed to properly investigate and evaluate your claim. If you have any of the above referenced material, please submit the material you have through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim). Please be advised by investigating your claim and sending this letter, Frontline has neither waived nor intends to waive any legal or policy terms, conditions, rights, provisions or requirements. Likewise, your receipt of this letter and your cooperation with our investigation does not waive any of your rights or obligations under the policy. 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 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 972-275-7430.” On October 4, 2023, the Insured’s General Contractor again called Frontline asking about mold and water remediation, to which Ms. Sirls again advised the General Contractor that it is the Insured’s duty to protect the home and property from further damage. The General Contractor complained of a hole in the roof and Ms. Sirls reminded the General Contractor that a full roof replacement was approved and paid for in May. The General Contractor admitted to not even tarping the roof. Thus, in an abundance of caution, following that call, Frontline sent a Reservation of Rights letter that stated: “We are in receipt of your Hurricane Ian claim. The claim was reported to Frontline for damage to your property at the address listed above. This loss was reported to have occurred during the time Florida was under a watch or warning for Hurricane Ian. Frontline will investigate every claim that is reported to us and make payment for those losses that are covered under your policy; however, we must inform you that based on our preliminary investigation we have identified the following issues that may restrict, limit, or exclude coverage, and will be continuing our investigation under a Reservation of Rights: • Submission of mold damage a year following the date of loss. • No emergency measures or actions taken to mitigate the loss/property from further damages. • Delay in proceeding with remediation. Please be reminded your policy assigns you specific duties following a loss. These include promptly notifying us of the loss, protecting the property from further damage, cooperating with us in the investigation, showing us the damaged property and providing us with documents when requested. Your failure to cooperate with the investigation and participate may prejudice our investigation and may affect your rights under the policy. We direct you to your policy form. These requests are clearly identified in your homeowner's policy as amended by the HO 00 03 0511 HOMEOWNERS 3 - SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS - FLORIDA. Please refer to SECTION 1 CONDITIONS for more details, but note the following language that may apply: 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 a. Give immediate notice to us or our agent. Except for Reasonable Emergency Measures taken under Additional Coverage 2 .. there is no coverage for repairs that begin before the ear1ier 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 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: (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 5.a. 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. To the degree reasonably possible. Take pictures poor 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 or either of these: (1) Must cooperate with our investigation, (2) Must not act m 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. g. 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 m the inventory. 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; (3) 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 (a) 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;" (b) 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 (c) 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; (4) Permit us to take samples of damaged and undamaged property for inspection. testing, and analysis; and (5) 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. (6) Allow us or any person authorized on our behalf: (a) Access to the “residence premises;" (b) To inspect the “residence premises· and to inspect. subject to 2. above. All damaged property prior to its removal from the "residence premises;” and (c) 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; (7) At our request. Identity the person or persons with knowledge of how Iha loss occurred and the extent of damage; (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. i. Submit to us. within 60 days after the loss, your signed. sworn proof of loss which sets forth. to the best of your knowledge and belief: (1) 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 d1SCOvered the loss. (2) The names of all persons who resided at the insured location at the time of the loss; (3) The interest of all "insureds." "assignees” if any. and all others in the property involved and all liens on the property: (4) Other insurance which may cover the loss. (S) Changes in title or occupancy of the property during the term of the policy: (6) Specifications of damage to the dewing and other structures, including: (a) Detailed description of the damage to the property; (b) Repair estimates which show the extent of damage to each item or property: (c) Estimated amount(s) to repair or replace each item of property: and (d) Amount(s) of payment made tor 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: (7) The inventory of damaged personal property described In C.7. above. (8) Receipts for additional living expenses incurred and records that support the fair rental value; and (9) 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. j. Produce any updates to the documents and information described above. including revised description 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 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. For the reasons set forth herein, and for any other good and valid reasons that may become known during our investigation of this claim, you are hereby notified that any action taken by Frontline or its authorized representatives to investigate 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 defense in addition to those stated above, but specifically reserves its right to assert such additional policy defenses at any time. If you have questions or concerns, or any additional information you would like to be considered, please feel free to contact me from 7 a.m. to 6 p.m. Monday through Friday EST. I can be reached at 972-275-7430. If I'm not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” On October 14, 2023, Ms. Sirls again called the Insured to request the estimate and mitigation information. She also advised the Insured that if she was not replacing the roof immediately, she, at the minimum, needs to tarp it to mitigate damage. This call was followed by another Request for Further Information Letter identical to the one sent on October 3, 2023. On October 18, 2023, the Insured’s General Contractor called to give Frontline an update that although they have not done anything, they are about to start working on the repairs and mediation. Additionally on October 18, 2023, on a call with Ms. Sirls, the Insured gave a recorded statement. There, the Insured stated that she lives in the home with her two daughters, spend roughly $1,500-$2,000 a week on groceries and eating out, first started seeing mold and other problems in September/November of 2022, and has subsequently had numerous contractors come out to assess and repair the damages. Following the recorded statement, Ms. Sirls advised the Insured that an engineer would be coming to inspect the property. Following the recorded statement, Frontline sent the Insured another Reservation of Rights Letter, identical to the one sent on October 5, 2023. As mentioned on the October 18, 2023 call, Frontline retained the services of a Professional Engineering firm to inspect the property and conduct a cause and origin analysis, which was scheduled on October 27, 2023 for October 30, 2023. Thus, on October 30, 2023, Kevin Knowles, P.E. of FCG Associates inspected the property in the presence of the Insured, her General Contractor with Time Machine Contracting & Restoration, and a representative from Wolfpack Construction. During his visit, Mr. Knowles inspected the property, took photographs, and conducted non-destructive testing. Following his visit, he prepared a report, which he sent to Frontline, along with his photographs, that concluded: “Exterior: • Overview images of the building exterior are provided in Photographs 1 through 4. • The exterior elevations of the building were intact, with no large cracks or wind created openings observed in the exterior walls. Interior: • Overview images of the interior of the building are provided in Photographs 5 through 24. • The bedrooms on the west side of the building had been sealed off from the other areas by plastic sheeting attached to the arches and entryways. • There were no visible moisture stains or apparent microbial growth observed on the walls in the bedrooms at the locations of reported microbial growth. • The relative humidity in the bedrooms was measured with a digital hygrometer and was found to vary between 49 percent and 55 percent. • The Wood Moisture equivalent (WME) content of the wall coverings at the locations of the reported microbial growth beneath the windows was measured with a digital moisture meter and was found to vary between 12 percent and 15 percent. • Thermal images of the walls beneath the windows at the locations of reported microbial growth were captured using a thermal camera; there were no locations of thermal variations observed on the walls beneath the windows. • The baseboards beneath the windows were partially removed in several of the rooms; there was no apparent microbial growth observed on the back side of the removed baseboards, or on the wall covering behind the baseboards.” On November 4, 2023, Frontline sent the Insured an update letter that stated: “Frontline is sending this letter to provide you with a timely update about the status of your claim and our continued investigation. Currently your claim is awaiting the completed results of the engineer inspection on 10/30/23 completed by FCG Associates. This additional information is needed to properly investigate and evaluate your claim. If you have any of the above referenced material, please submit the material you have through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim). Please be advised by investigating your claim and sending this letter, Frontline has neither waived nor intends to waive any legal or policy terms, conditions, rights, provisions or requirements. Likewise, your receipt of this letter and your cooperation with our investigation does not waive any of your rights or obligations under the policy. 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 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 972-275-7430.” On November 6, 2023, Ms. Sirls, on a phone call with Andres from Pack On The Go, was alerted to the fact that the Insured was just then requesting personal property be moved and Heppa Vacced (airtight sealed). Even once the processes started, Andres stated that it took three visits for the Insured to allow access to her master bedroom closet, an area where many claimed damaged items were located. Pack On The Go then submitted to Frontline an estimate for their work, and Frontline sent the Insured an acknowledgment letter that stated: “This serves to acknowledge our receipt of documents submitted addressed to Frontline Insurance. We received your Pack on the Go estimates for pack out and cleaning of contents documentation on 11 /6/23. Frontline Insurance provides homeowner's coverage for the above insured. As we continue to investigate the 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, 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 (972) 275-7430.” On November 29, 2023, the Insured retained Shamrock Mold Inspections to inspect the property. On November 30, 2023, Ms. Sirls called the Insured to alert her that the engineer report came in and that the Professional Engineer concluded that there was no finding of mold and moisture. During this call, Ms. Sirls also questioned the water remediation processes, or lack thereof, specifically stating that it should have occurred as soon as Pack On The Go packed up all her personal property over a month ago. The call ended with Ms. Sirls stating there would be a partial denial on the mold and that the Insured was going to submit photographs that refuted the finding of no mold. Thus, on November 30, 2023, Frontline sent a partial denial letter that stated: “This letter follows our conversation on November 30, 2023, when we discussed the results of our investigation and consideration of the applicable coverages, terms, conditions, exceptions, limitations, and exclusions related to your loss. Please allow this correspondence to confirm our current and ongoing investigation, with respect to the above referenced claim, which was reported on October 17, 2022 to have reportedly occurred on September 28, 2022. You are claiming extensive mold damages found in several rooms of your home as a result of Hurricane Ian. It is noted that a physical inspection of the above referenced loss location was conducted on October 18, 2022 and March 22, 2023. The following observations and/or information were gathered during the inspection: • Claimed mold damage to several rooms in the interior which was not found, nor observed at the two field inspections that took place on October 18, 2022 and March 22, 2023, nor at the engineer inspection that took place on October 30, 2023. In an effort to determine the cause and origin of the reported damages, Frontline retained FCG Associates to provide an independent assessment of the claimed damages. Kevin Knowles, P.E. inspected the property on October 30, 2023, and his conclusions are as follows: Conclusions 1. There was no evidence of microbial growth observed on the walls within the interior of the building at the locations of reported microbial growth. 2. There was no evidence of active moisture intrusion observed on the walls beneath the windows at the locations of reported moisture intrusion within the interior of the building. You are claiming damages due to mold. However, your policy has limited coverage for fungi, wet/dry rot damages and testing that is only available when the result of a covered peril. As the claimed damages were not covered, Frontline must respectfully deny the claim of mold damages portion of your claim. We direct you to your policy form HO 00 03 05 11 HOMEOWNERS 3 - SPECIAL FORM, as modified by the FIM 00 23 11 21 SPECIAL PROVISIONS - FLORIDA and FIM 00 13 06 21 LIMITED FUNGI, WET OR DRY ROT, OR BACTERIA COVERAGE which states in part: DEFINITIONS The following Definition is added: "Fungi” a. "Fungi” means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or byproducts produced or released by fungi. b. Under Section II, this does not include any fungi that are, are on, or are contained in, a good or product intended for consumption. SECTION I - PROPERTY COVERAGES ADDITIIONAL COVERAGES The following Additional Coverage 13. is added: 13. "fungi", Wet Or Dry Rot, Or Bacteria a. The amount shown in the Schedule above is the most we will pay for: (1) The total of all loss or costs payable under Section I - Property Coverages caused by "fungi,” wet or dry rot, or bacteria; (2) The cost to remove "fungi,” wet or dry rot, or bacteria from property covered under Section I Property Coverages; (3) The cost to tear out and replace any part of the building or other covered property as needed to gain access to the "fungi”, wet or dry rot, or bacteria; and (4) The cost of testing of air or property to confirm tie absence, presence or level of "fungi", wet or dry rot, or bacteria, whether performed prior to, during or after removal, repair, restoration or replacement. The cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of "fungi", wet or dry rot, or bacteria. b. The coverage described in 13.a. only applies when such loss or costs are a result of a Peril Insured Against that occurs during the policy period and only if all reasonable means were used to save and preserve the property from further damage at and after the time the Peril Insured Against occurred. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Frontline specifically reserves its right to assert any other applicable policy provisions, defenses, or exclusions in addition to those stated above; and any such applicable provisions, defenses or exclusions are hereby both asserted and affirmed. Our denial of the claimed mold damages portion of your claim does not relieve you of any duty to maintain your property. You should move forward with any repairs necessary to protect your property from further damage. The covered damages were addressed under a separate correspondence. 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. Finally, please indicate whether you intend to make the repairs necessitated by the insured loss or whether you are electing not to repair or rebuild the damage. Collectively, this information will assist us in reaching an agreement as to the full and complete value of your covered loss in accordance with the terms and provisions of your policy. If you have any additional information or other items to provide to us, please submit these through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). In the interim, should you have any questions, please feel free to contact me at (972) 275-7430.” After numerous requests over the previous months, on December 5, 2023, the Insured’s General Contractor submitted photographs and an invoice for the remediation. Thus, on December 5, 2025, Frontline sent the Insured an update letter that stated: “Frontline is sending this letter to provide you with a timely update about the status of your claim and our continued investigation. Currently your claim is awaiting the additional information from Time Machine LLC to be submitted for review and consideration towards your claim. We have requested the following information: • A completed itemized and detailed estimate from your general contractor, Time Machine LLC. • Supporting photos and documentation for additional damages being claimed This additional information is needed to properly investigate and evaluate your claim. If you have any of the above referenced material, please submit the material you have through the web portal at www.frontlineinsurance.com ( Main Menu > File A Claim > Upload documents to an existing claim). Please be advised by investigating your claim and sending this letter, Frontline has neither waived nor intends to waive any legal or policy terms, conditions, rights, provisions or requirements. Likewise, your receipt of this letter and your cooperation with our investigation does not waive any of your rights or obligations under the policy. 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 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 972-275-7430.” On December 22, 2023, Ms. Sirls called the Insured’s General Contractor following receipt of a voicemail from him asking for an update. On this call, Ms. Sirls stated that she will alert the Insured and General Contractor whenever there is an update, and again asked for the information requested in the Request for Further Information Letter sent on December 5, 2023. Following receipt of no additional documents, Frontline again sent the Request for Further Information letter on January 5, 2024. Following receipt of information surrounding mold and remediation, on January 9, 2024, Frontline sent a coverage determination letter that stated: “Based upon Frontline Insurance's current and ongoing investigation, as well as the information you have provided to us to date, an estimated payment for damages from your hurricane claim has been issued. A check(s) in the amount of $12,462.35 for Dwelling and $23,116.15 for Mold for an overall total of $35,578.50 is included along with a copy of the written estimate upon which the payment is based. The amount of the estimated payment is computed based upon the information currently available to us as follows: Dwelling I Structure "Other" Structure(s) Contents RCV TOTAL Additional Living Expense (ALE) Screen Enclosure with Limit Limited Fungi, Wet or Dry Rot or Bacteria Scheduled/PPUN with Limit Additional Living Expense (ALE) Gross Loss Less Recoverable Depreciation Less Non-Recoverable Depreciation Actual Cash Value Less Deductible Less Excess Less Paid When Incurred Less Previous Payments NET AMOUNT PAID $ 173,543.35 $ 0.00 $ 300.00 $ 0.00 $ 377.61 $ 23,116.15 $ 0.00 $ 0.00 $ 197,337.11 $ 14,610.16 $ 0.00 $ 182,726.95 $ 32,000.00 $ 0.00 $ 0.00 $ 115,148.45 $ 35,578.50 We also want to bring to your attention that this is an estimated, actual cash value payment for your insured loss, the amount of which does not necessarily constitute a full and final settlement of your claim, which remains open. Our goal is to indemnify you for your covered loss. In addition to our independent investigation into your loss, we must necessarily rely upon you and your representatives to provide us with any and all information necessary to reach the goal of indemnity. Without your participation or cooperation, the adjustment process breaks down. To that end, we must work together to reach an agreement on the value of your covered loss, and your participation in and cooperation with the claim process is essential. Accordingly, if you disagree with the amount of the estimated actual cash value payment, please notify us of your specific disagreement and the reasons for the disagreement. You may also contact us to present any additional loss or damage that you discover or was not otherwise accounted for as you continue the recovery process. We are available at all times to discuss these matters with you, and we will work with you to reach an agreement on the value of the covered loss. In addition, to assist us in coming to a final adjustment of your covered claim for damages, please provide us with the following: 1. Any signed or unsigned contracts, bids, proposals, and detailed estimates for the repairs necessitated by the covered loss; Finally, please indicate whether you intend to make the repairs necessitated by the insured loss or whether you are electing not to repair or rebuild the damage. Collectively, this information will assist us in reaching an agreement as to the full and complete value of your covered loss in accordance with the terms and provisions of your policy. 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 We appreciate the trust you placed in Frontline Insurance and thank you for allowing us to serve you in your time of need. If you should have any questions, feel free to contact me at (972) 275-7430.” This letter was accompanied by two checks to the Insured dated January 10, 2024, for $23,116.15 and $12,462.35. On January 11, 2024, Ms. Sirls called the Insured to alert her of the updated coverage and payments. Additionally, on January 11, 2024, Ms. Sirls called the General Contractor and stated the same while additionally questioning the status of his estimate. On January 16, 2024, January 20, 2024, and January 31, 2024, Frontline sent a total of four checks to Suredge for its work on the claim. During this time, on January 20, 2024, Frontline’s Desk Adjuster, Graham Waak called the Insured, and when there was no answer, left a voicemail and sent an email stating that he would be taking over the adjustment of the claim. On January 22, 2024, Mr. Waak spoke on the phone with the Insured’s General Contractor, who stated he has an estimate for cleaning he was going to submit. In an email exchange lasting from January 24, 2024 to January 31, 2024, Mr. Waak approved costs for mold and remediation costs requested by the Insured’s representatives. Thus, on January 31, 2024, Frontline sent an updated coverage decision letter that stated: “Based upon Frontline Insurance's current and ongoing investigation, as well as the information you have provided to us to date, an estimated payment for damages from your hurricane claim has been issued. Checks in the amount of $12,049.05 for your contents pack out under your dwelling coverage and $21,486.14 to clean your contents are included with a copy of the written estimate upon which the payment is based. The amount of the estimated payment is computed based upon the information currently available to us as follows: Dwelling I Structure Mold & Fungi Personal Effects (Contents) Loss of Use (LOU) Screen Enclosure Gross Loss Less Recoverable Depreciation Less Non-Recoverable Depreciation Actual Cash Value Less Deductible Less Excess Less Previous Payments NET AMOUNT PAID $ 185,592.40 $ 23,116.15 $ 21,486.14 $ 0.00 $ 377.61 $ 230,872.30 $ 14,610.16 $ 0.00 $ 216,262.14 $ 32,000.00 $ 0.00 $ 150,726.95 $ 33,535.19 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. We also want to bring to your attention that this is an estimated, actual cash value payment for your insured loss, the amount of which does not necessarily constitute a full and final settlement of your claim, which remains open. Our goal is to indemnify you for your covered loss. In addition to our independent investigation into your loss, we must necessarily rely upon you and your representatives to provide us with any and all information necessary to reach the goal of indemnity. Without your participation or cooperation, the adjustment process breaks down. To that end, we must work together to reach an agreement on the value of your covered loss, and your participation in and cooperation with the claim process is essential. Accordingly, if you disagree with the amount of the estimated actual cash value payment, please notify us of your specific disagreement and the reasons for the disagreement. You may also contact us to present any additional loss or damage that you discover or was not otherwise accounted for as you continue the recovery process. We are available at all times to discuss these matters with you, and we will work with you to reach an agreement on the value of the covered loss. In addition, to assist us in coming to a final adjustment of your covered claim for damages, please provide us with the following: 1. An accurate record of any and all repair expenses incurred to date; 2. Any and all actual cash value estimates of damages prepared by you or on your behalf; 3. Any signed or unsigned contracts, bids, proposals, and estimates for the repairs necessitated by the covered loss; 4. All paid and unpaid invoices and receipts for any work performed to date; 5. An inventory of any damaged personal property; 6. An accurate record of the necessary amount actually spent to repair or replace the damaged building; 7. Any and all available documentation and photographs depicting or evincing the worth or fair market value of the damaged property immediately before the covered loss; 8. Any and all available documentation and photographs depicting or evincing the condition of the damaged property immediately before the covered loss; 9. Any and all documentation and photographs pertaining to any prior property damage, property losses, and insurance claims; 10. Any and all documentation and photographs pertaining to any prior repairs to your covered property; and 11. An updated and current signed, sworn proof of loss. Finally, please indicate whether you intend to make the repairs necessitated by the insured loss or whether you are electing not to repair or rebuild the damage. Collectively, this information will assist us in reaching an agreement as to the full and complete value of your covered loss in accordance with the terms and provisions of your policy. We appreciate the trust you placed in Frontline Insurance and thank you for allowing us to serve you in your time of need. If you should have any questions, feel free to contact me at (972) 522-4127.” This letter was accompanied by an email stating the same and two checks to the Insured dated February 8, 2024, for $21,486.14 and $12,049.05. On March 7, 2024, the Insured’s General Contractor emailed Mr. Waak his estimate, which Mr. Waak responded to stating receipt of it and placing it in the file. Following this email exchange, on March 7, 2024, Mr. Waak attempted to call the Insured to discuss the claim, but could only leave a voicemail because the Insured did not answer. The Insured responded via email on March 8, 2024, stating that she was out of the country and to discuss anything needed with her General Contractor. Following receipt of the General Contractor’s estimate, due to a dispute in the price and scope of the estimate, on March 11, 2024, Frontline sent a Notice of Intent to Demand Appraisal that stated: “This letter follows our conversation on March 11 , 2024, when we discussed the results of our investigation and consideration of the applicable coverages, term, conditions, exceptions, limitations, and exclusions related to your loss. On February 08, 2024, Frontline issued payments for damages in the amount of $12,049.05 and $21,486.14. Overall Frontline has issued payments in the amount of $209,085.86 for the rebuild of your home. Frontline is in receipt of your contractor's estimate in the amount of $408,189.00. A copy of each of these estimates is attached here for your review. Frontline desires to reach an agreement with you as to the scope and price of the repairs and is reviewing the damages in dispute. Please be aware your policy provides methods of alternative dispute resolution including mediation and appraisal. While Frontline intends to demand Appraisal in order to set the amount of loss, this request applies only to those items of the claim which have been presented to and investigated by Frontline, and over which the parties have arrived at a disagreement about the amount of loss. Pursuant to the policy, either party may request appraisal. Additionally, either party must review the disputes for at least 10 days prior to the demand for appraisal. Accordingly, we direct you to your HO 00 03 05 11 Homeowners - 3 Special Form, as amended by the FIM 00 23 11 21 Florida Special Provisions which provides in pertinent 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: 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named “insureds· shown in the Declarations. You 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 to conduct appraisal on a class-widebasis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. 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: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. Please be reminded your Homeowners insurance policy assigns you specific duties following a loss, including the duty to protect the property from further damage, keep an accurate record of repairs, and produce updates including revised description of loss, estimates or other supporting information. Accordingly, we direct you to your HO 00 03 0511 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS - FLORIDA. Please refer to SECTION 1 CONDITIONS for more details, but note the following language that may apply: SECTION 1-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. 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(es)” 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 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 following conditions are added to SECTION I - CONDITIONS of your policy: T. 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 as follows: a. A claim or reopened claim must be reported within two years after the hurricane first made landfall or a windstorm other than a Hurricane caused the damage, or, b. A supplemental claim must be reported within three years after the hurricane first made landfall or a windstorm other than a Hurricane caused the damage, and, c. Within any other applicable statutorily required timeframe; Whichever is less. 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_ (This is Condition S. in form HO 00 04) The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. 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. Frontline specifically reserves its right to assert any other applicable policy provisions, defenses, or exclusions in addition to those stated above; and any such applicable provisions, defenses or exclusions are hereby both asserted and affirmed. Please do not hesitate to contact our office with any questions about the estimated amount of the payment made to date. Should you have any questions or concerns or have any additional information you would like to be considered, please feel free to contact Frontline at (972) 522-4127.” This letter was accompanied by emails to the Insured and her General Contractor stating the same on March 11, 2024 and March 12, 2024. During this email exchange, Mr. Waak also answered the Insured’s questions and gave instruction on how to fill out appraisal documents. In an email exchange from March 14, 2024 to march 16, 2024, Mr. Waak also answered questions as to the Insured’s Additional Living Expenses due to her and her kids being unable to use the home, which the Insured submitted documentation of. Thus, on March 16, 2024, Frontline sent an additional coverage determination letter that stated: “Based upon Frontline Insurance's current and ongoing investigation, as well as the information you have provided to us to date, an estimated payment for damages from your hurricane claim has been issued. A check in the amount of $5,119.54 is included with a copy of the written estimate upon which the payment is based. The amount of the estimated payment is computed based upon the information currently available to us as follows: Dwelling I Structure Mold & Fungi Personal Effects (Contents) Loss of Use (LOU) Screen Enclosure Gross Loss Less Recoverable Depreciation Less Non-Recoverable Depreciation Actual Cash Value Less Deductible Less Excess Less Previous Payments NET AMOUNT PAID $ 185,592.40 $ 23,116.15 $ 21,486.14 $ 5,119.54 $ 377.61 $ 235,991.84 $ 14,610.16 $ 0.00 $ 221 ,381.68 $ 32,000.00 $ 0.00 $ 184,262.14 $ 5,119.54 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. We also want to bring to your attention that this is an estimated, actual cash value payment for your insured loss, the amount of which does not necessarily constitute a full and final settlement of your claim, which remains open. Our goal is to indemnify you for your covered loss. In addition to our independent investigation into your loss, we must necessarily rely upon you and your representatives to provide us with any and all information necessary to reach the goal of indemnity. Without your participation or cooperation, the adjustment process breaks down. To that end, we must work together to reach an agreement on the value of your covered loss, and your participation in and cooperation with the claim process is essential. Accordingly, if you disagree with the amount of the estimated actual cash value payment, please notify us of your specific disagreement and the reasons for the disagreement. You may also contact us to present any additional loss or damage that you discover or was not otherwise accounted for as you continue the recovery process. We are available at all times to discuss these matters with you, and we will work with you to reach an agreement on the value of the covered loss. In addition, to assist us in coming to a final adjustment of your covered claim for damages, please provide us with the following: 1. An accurate record of any and all repair expenses incurred to date; 2. Any and all actual cash value estimates of damages prepared by you or on your behalf; 3. Any signed or unsigned contracts, bids, proposals, and estimates for the repairs necessitated by the covered loss; 4. All paid and unpaid invoices and receipts for any work performed to date; 5. An inventory of any damaged personal property; 6. An accurate record of the necessary amount actually spent to repair or replace the damaged building; 7. Any and all available documentation and photographs depicting or evincing the worth or fair market value of the damaged property immediately before the covered loss; 8. Any and all available documentation and photographs depicting or evincing the condition of the damaged property immediately before the covered loss; 9. Any and all documentation and photographs pertaining to any prior property damage, property losses, and insurance claims; 10. Any and all documentation and photographs pertaining to any prior repairs to your covered property; and 11. An updated and current signed, sworn proof of loss. Finally, please indicate whether you intend to make the repairs necessitated by the insured loss or whether you are electing not to repair or rebuild the damage. Collectively, this information will assist us in reaching an agreement as to the full and complete value of your covered loss in accordance with the terms and provisions of your policy. We appreciate the trust you placed in Frontline Insurance and thank you for allowing us to serve you in your time of need. If you should have any questions, feel free to contact me at (972) 522-4127.” This letter was accompanied by a check to the Insured dated March 20, 2024 for $5,119.54. Following receipt of the Insured’s appraiser information, on March 21, 2024, Frontline sent an acknowledgment and additional information letter that stated: “This letter is to confirm receipt of appraiser's contact information submitted by Mrs. Kimberley Ap Hennessy on March 18, 2024, appointing Brian Christensen. 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. 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. Frontline herein selects the following appraiser: Clinton Kubat, CPAU info@conquestclaims.com 386-301-0843 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 0511 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 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: 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named “insureds· shown in the Declarations. You 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 to conduct appraisal on a class-widebasis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. 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: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. 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 your HO 00 03 0511 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS – FLORIDA, which states in part: SECTION 1-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: (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 5.a. 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 tie degree reasonably possible, the damaged property must be retained for us to inspect. (2) Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. f. Cooperate with us m the investigation of a claim. This includes speaking to and sharing informant 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 1n any manner that prevents us or any person authorized to act on our behalf. from investigating the claim. and (3) May not act an any manner to obstruct our investigation. g. 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. 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; (6) Allow us or any person authorized on our behalf: (a) Access to the "residence premises;" (b) To inspect the "residence premises” and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises;” and (c) 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; (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 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. 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 972.275. 7195. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” In email exchanges from March 22, 2024 and March 26, 2024, Mr. Waak approved of Additional Living Expenses for the Insured through Housing Headquarters. Mr. Waak then, on March 30, 2024, sent an email to the Insured stating that although he will be handling loss of use, anything relating to the dwelling will be handled through appraisal. On April 1, 2024, Mr. Waak advised the Insured, via email, that she should submit food receipts if she was claiming them under her loss of use claim. Following receipt of same, on April 1, 2024, Frontline sent a coverage decision letter that stated: “Based upon Frontline Insurance's current and ongoing investigation, as well as the information you have provided to us to date, an estimated payment for damages from your hurricane claim has been issued. A check in the amount of $43,557.77 is included with a copy of the written estimate upon which the payment is based. The amount of the estimated payment is computed based upon the information currently available to us as follows: Dwelling I Structure Mold & Fungi Personal Effects (Contents) Loss of Use (LOU) Screen Enclosure Gross Loss Less Recoverable Depreciation Less Non-Recoverable Depreciation Actual Cash Value Less Deductible Less Excess Less Previous Payments NET AMOUNT PAID $ 185,592.40 $ 23,116.15 $ 65,343.91 $ 5,119.54 $ 377.61 $ 279,549.61 $ 14,610.16 $ 0.00 $ 264,939.45 $ 32,000.00 $ 0.00 $ 189,381.68 $ 43,557.77 WE ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED PROPERTYAND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US. We also want to bring to your attention that this is an estimated, actual cash value payment for your insured loss, the amount of which does not necessarily constitute a full and final settlement of your claim, which remains open. Our goal is to indemnify you for your covered loss. In addition to our independent investigation into your loss, we must necessarily rely upon you and your representatives to provide us with any and all information necessary to reach the goal of indemnity. Without your participation or cooperation, the adjustment process breaks down. To that end, we must work together to reach an agreement on the value of your covered loss, and your participation in and cooperation with the claim process is essential. Accordingly, if you disagree with the amount of the estimated actual cash value payment, please notify us of your specific disagreement and the reasons for the disagreement. You may also contact us to present any additional loss or damage that you discover or was not otherwise accounted for as you continue the recovery process. We are available at all times to discuss these matters with you, and we will work with you to reach an agreement on the value of the covered loss. In addition, to assist us in coming to a final adjustment of your covered claim for damages, please provide us with the following: 1. An accurate record of any and all repair expenses incurred to date; 2. Any and all actual cash value estimates of damages prepared by you or on your behalf; 3. Any signed or unsigned contracts, bids, proposals, and estimates for the repairs necessitated by the covered loss; 4. All paid and unpaid invoices and receipts for any work performed to date; 5. An inventory of any damaged personal property; 6. An accurate record of the necessary amount actually spent to repair or replace the damaged building; 7. Any and all available documentation and photographs depicting or evincing the worth or fair market value of the damaged property immediately before the covered loss; 8. Any and all available documentation and photographs depicting or evincing the condition of the damaged property immediately before the covered loss; 9. Any and all documentation and photographs pertaining to any prior property damage, property losses, and insurance claims; 10. Any and all documentation and photographs pertaining to any prior repairs to your covered property; and 11. An updated and current signed, sworn proof of loss. Finally, please indicate whether you intend to make the repairs necessitated by the insured loss or whether you are electing not to repair or rebuild the damage. Collectively, this information will assist us in reaching an agreement as to the full and complete value of your covered loss in accordance with the terms and provisions of your policy. We appreciate the trust you placed in Frontline Insurance and thank you for allowing us to serve you in your time of need. If you should have any questions, feel free to contact me at (972) 522-4127.” Additionally on April 1, 2024, a joint appraisal inspection with the umpire was scheduled for April 9, 2024. On April 2, 2024, Mr. Waak alerted the Insured that any “home organizer” the Insured hires are not covered under the policy, following an email from the Insured stating she was hiring Pantry Fairy to do the same. Following the April 1, 2024 coverage decision letter, Frontline sent the Insured a check for $43,557.77 dated April 4, 2024. On April 9, 2024, the appraisal inspection took place with both appraisers and the umpire. In an email exchange from April 9, 2024 to April 11, 2024, Mr. Waak requested an updated estimate from e-juster and receipts from the Insured following a conversation with the Insured where she stated she had more information on damaged property such as her bed and mattress. On April 16, 2024, Frontline sent an update letter with enclosed check that stated: “This letter follows our conversation on April 19, 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 October 17, 2022, for damages to the roof, screen enclosure, master closet, game room, and garage. As part of that evaluation, Frontline inspected the insured location on October 18, 2022, and March 22, 2023. The inspection revealed wind damage and wind-driven rain damage to your home. Based upon Frontline's current and ongoing evaluation, as well as the information you have provided to date, enclosed is a check in the amount of $441.91 for your gym contents storage and $36,963.01 for your contents supplement, the estimate of covered loss, and Statement of Loss providing a breakdown of the payment. As your repairs are completed, please provide us with documentation of the costs incurred. If you spend more than the Actual Cash Value shown in our estimate, payment for Recoverable Depreciation will be considered up to $14,610.16. In addition to your policy, please refer to our estimate including the "Explanation of Building Replacement Cost Benefits" for additional information regarding the Recoverable Depreciation. Our estimate includes $12,289.14 for re-nailing of the roof sheathing and water barrier membrane which is covered under the Additional Coverage of Ordinance Or Law. However, repairs under Ordinance Or Law are payable when incurred, and you may provide documentation of those repairs at that time. Please note the following portion of your HOMEOWNERS 3 - SPECIAL FORM HO 0003 05 11 as modified by SPECIAL PROVISIONS - FLORIDA FIM 00 23 11 21, which states in relevant part: E. Additional Coverages 11. Ordinance Or Law The lead-in paragraph of 11 .a. in Forms HO 00 03 and HO 00 04 (10.a. in Fonn HO 00 06) is deleted and replaced by the following: a. “You may use up to the Ordinance or Law percentage shown on the Declarations for the increased costs you incur due to the enforcement of building, zoning, or land use ordinances or laws. This coverage applies if the enforcement is directly caused by the same insured loss and is a covered cause of loss. This applies to any building, zoning, or land use ordinances Which requires or regulates: (1) The construction, demolition, remodeling, renovation or repair of that part of a covered building or other structure damaged by a Peril Insured Against; (2) The demolition and reconstruction of the undamaged part of a covered building or other structure. When that building or other structure must be totally demolished because of damage by a Peril Insured Against to another part of that covered building or other structure; or (3) The remodeling, removal or replacement of the portion of the undamaged part of a covered building or other structure necessary to complete the remodeling, repair or replacement of that part of the covered building or other structure damaged by a Peril Insured Against. b. You may use all or part of this ordinance or law coverage to pay for the increased costs you incur to remove debris resulting from the construction, demolition, remodeling, renovation, repair or replacement of property as stated in a. above. e. We do not cover: (1) The loss in value to any covered building or other structure due to the requirements of any ordinance or law; or (2) The costs to comply with any ordinance or law which requires any "insured" or others to test for, monitor. dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants in or on any covered building or other structure. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot. fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Paragraph d. is added: d. In the event that there are multiple methods of compliance with the building, zoning, or land use ordinance(s) or law(s) to which this Additional Coverage applies, the limit of liability will be up to the least amount of the available methods of compliance. 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 loss, scope of loss, estimates or other supporting documentation and allow an inspection by a Frontline representative before repairs are made. Failure to do so may jeopardize your ability to recover the full amount of the additional damages. Frontline reserves the right to inspect the property or require additional information prior to the release of any additional funds. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Your Homeowners Policy assigns you specific duties following a loss, including the duty to protect the property from further damage, keep an accurate record of repairs, and produce updates including revised descriptions of loss, scope of loss, estimates or other supporting information. Your policy, HOMEOWNERS 3 - SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS- FLORIDA FIM 00 2311 21, states in relevant part: SECTION 1-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 m the investigation of a claim. This includes speaking to and sharing informant 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 1n any manner that prevents us or any person authorized to act on our behalf. from investigating the claim. and (3) May not act an 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 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. 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 (972) 522-4127. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” In an email exchange from March 17, 2024 until March 19, 2024, Mr. Waak asked the Insured the status of salvageable versus damaged personal property at the home, and when the Insured responded, Mr. Waak requested photographs be submitted so that Frontline could continue to adjust that portion of the claim. The Insured subsequent submitted photographs of some of the personal property, thus, on April 23, 2024, Frontline sent a letter that stated: “While Frontline is continuing to participate in appraisal, new information has been identified that could alter the scope and extent of the parties' dispute. Specifically, Permit application 24-3193. show that roof repair was performed on or about January 2, 2024 at a value of $112,965.00, but the amount claimed for this item in the estimate you presented to Frontline is $146,826.99 plus O&P. Accordingly, additional information and documentation is required to crystallize the parties' dispute for the appraisal panel. Frontline is requesting a meaningful exchange of information sufficient for each party to determine if you and Frontline still have a disagreement as to scope and settlement of the loss. On March 11 , 2024, Frontline demanded appraisal. On March 7, 2024, you submitted a rebuild estimate in the amount of $408,189.00 Specifically, we ask you to send us all the following in your possession as it relates to our investigation: ADD/REMOVE ITEMS AS NEEDED • All contract and proof of payments for permits o Permit/Application number 24-3193 • All expert reports, repair estimates, receipts, invoices, bid, photos, videos secured or provided in relation to the claimed damages • Copies of any correspondence relating to this loss such as contracts, work authorizations, and assignment of benefits In addition, Frontline is reserving the right to request your Examination Under Oath ("EUO") in the future. Your policy with Frontline contains HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS. Accordingly, we refer you to SECTION I CONDITIONS, which states in 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: (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 5.a. 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. To the degree reasonably possible. Take pictures poor 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 or either of these: (1) Must cooperate with our investigation, (2) Must not act m 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. g. 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 m the inventory. 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; (3) 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 (a) 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;" (b) 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 (c) 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; (4) Permit us to take samples of damaged and undamaged property for inspection. testing, and analysis; and (5) 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. (6) Allow us or any person authorized on our behalf: (a) Access to the “residence premises;" (b) To inspect the “residence premises· and to inspect. subject to 2. above. All damaged property prior to its removal from the "residence premises;” and (c) 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; (7) At our request. Identity the person or persons with knowledge of how Iha loss occurred and the extent of damage; (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. i. Submit to us. within 60 days after the loss, your signed. sworn proof of loss which sets forth. to the best of your knowledge and belief: (1) 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 d1SCOvered the loss. (2) The names of all persons who resided at the insured location at the time of the loss; (3) The interest of all "insureds." "assignees” if any. and all others in the property involved and all liens on the property: (4) Other insurance which may cover the loss. (S) Changes in title or occupancy of the property during the term of the policy: (6) Specifications of damage to the dewing and other structures, including: (a) Detailed description of the damage to the property; (b) Repair estimates which show the extent of damage to each item or property: (c) Estimated amount(s) to repair or replace each item of property: and (d) Amount(s) of payment made tor 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: (7) The inventory of damaged personal property described In C.7. above. (8) Receipts for additional living expenses incurred and records that support the fair rental value; and (9) 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. j. Produce any updates to the documents and information described above. including revised description 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 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. 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: 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 to conduct appraisal on a class-widebasis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. 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: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. 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 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 policy rights, conditions, terms, provisions, endorsements, exclusions, limitations or requirements contained in your policy as well as Florida law. Any obligations 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 972.275. 7195. Should I not be available when you call, please leave me a detailed message, and I will return your call as soon as possible.” This letter was accompanied by two checks sent to the Insured and dated April 23, 2024 for $441.91 and $36,963.01. In an email exchange on April 30, 2024 and May 1, 2025, Mr. Waak alerted the Insured that a company would be coming to pick up salvageable items from the home as part of the claim process and that the Insured should look out for a contact from the salvage company. On May 2, 2024, following communication with the Insured and the contractors as well as receipt of additional documents and receipts, Frontline sent another update letter that stated: “This letter follows our conversation on May 07, 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 October 17, 2022, for damages to the roof, screen enclosure, master closet, game room, and garage. As part of that evaluation, Frontline inspected the insured location on October 18, 2022, and March 22, 2023. The inspection revealed wind damage and wind-driven rain damage to your home. Based upon Frontline's current and ongoing evaluation, as well as the information you have provided to date, enclosed is a check in the amount of $1,444.50 for your storage, another check for $8,463.84 for your loss of use supplement will be mailed directly to Housing Headquarters, the estimate of covered loss, and Statement of Loss providing a breakdown of the payment. As your repairs are completed, please provide us with documentation of the costs incurred. If you spend more than the Actual Cash Value shown in our estimate, payment for Recoverable Depreciation will be considered up to $14,610.16. In addition to your policy, please refer to our estimate including the "Explanation of Building Replacement Cost Benefits" for additional information regarding the Recoverable Depreciation. 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 loss, scope of loss, estimates or other supporting documentation and allow an inspection by a Frontline representative before repairs are made. Failure to do so may jeopardize your ability to recover the full amount of the additional damages. Frontline reserves the right to inspect the property or require additional information prior to the release of any additional funds. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Your Homeowners Policy assigns you specific duties following a loss, including the duty to protect the property from further damage, keep an accurate record of repairs, and produce updates including revised descriptions of loss, scope of loss, estimates or other supporting information. Your policy, HOMEOWNERS 3 - SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS- FLORIDA FIM 00 2311 21, states 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 poor 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 or either of these: (1) Must cooperate with our investigation, (2) Must not act m 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 description 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 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. 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 (972) 522-4127. 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 May 3, 2024, Frontline sent a letter correcting the previous letter that stated: “This letter follows our conversation on May 07, 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 October 17, 2022, for damages to the roof, screen enclosure, master closet, game room, and garage. As part of that evaluation, Frontline inspected the insured location on October 18, 2022, and March 22, 2023. The inspection revealed wind damage and wind-driven rain damage to your home. Based upon Frontline's current and ongoing evaluation, as well as the information you have provided to date, enclosed is a check in the amount of $1,444.50 for your storage, another check for $1,444.50 for your loss of use supplement will be mailed directly to Housing Headquarters, the estimate of covered loss, and Statement of Loss providing a breakdown of the payment. As your repairs are completed, please provide us with documentation of the costs incurred. If you spend more than the Actual Cash Value shown in our estimate, payment for Recoverable Depreciation will be considered up to $14,610.16. In addition to your policy, please refer to our estimate including the "Explanation of Building Replacement Cost Benefits" for additional information regarding the Recoverable Depreciation. 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 loss, scope of loss, estimates or other supporting documentation and allow an inspection by a Frontline representative before repairs are made. Failure to do so may jeopardize your ability to recover the full amount of the additional damages. Frontline reserves the right to inspect the property or require additional information prior to the release of any additional funds. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Your Homeowners Policy assigns you specific duties following a loss, including the duty to protect the property from further damage, keep an accurate record of repairs, and produce updates including revised descriptions of loss, scope of loss, estimates or other supporting information. Your policy, HOMEOWNERS 3 - SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS- FLORIDA FIM 00 2311 21, states 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 poor 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 or either of these: (1) Must cooperate with our investigation, (2) Must not act m 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 description 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 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. 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 (972) 522-4127. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” Thus, on checks dated May 8, 2024, Frontline sent a check to the Insured for $8,024.49 and a check, on behalf of the Insured, to Housing Headquarters for $1,883.85. On May 9, 2024, Mr. Waak, on a phone call with the Insured, explained how the estimate and settlement process worked, including age and depreciation calculations. He also alerted the Insured that another check was just mailed and should be arriving soon. In an email exchange turned phone call on May 14, 2024, the Insured requested additional funds for hotel stays, food, storage, pet boarding, and pain and suffering. Mr. Waak explained to the Insured that Frontline has already covered hotels, pet boarding, and storage, that the Insured has to pay Housing Headquarters with the checks issued to the Insured from Frontline, and that, because Frontline did not cause the hurricane, is not liable under the Policy for pain and suffering. The Insured then continued to submit requests for luxury hotel stays, so, on May 20, 2024, Mr. Waak called the Insured to alert her that her requests were premium hotels, and thus, needed review before approval. Frontline then discovered that the roof repair the Insured requested and Frontline paid $146,826.99 only actually cost the Insured $112,965.00. Thus, Frontline requested the Insured to clarify why she requested the amount she did in a letter that stated: “Frontline has proceeded with appraisal since March 21, 2024, 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 umpire Rick Zengler. The appraisal inspection was completed on April 9, 2024. The appraisers are currently working to reach a resolution of your claim, we will update as the appraisal progresses. While Frontline is continuing to participate in appraisal, new information has been identified that could alter the scope and extent of the parties' dispute. Specifically, Permit application 24-3193. show that roof repair was performed on or about January 2, 2024 at a value of $112,965.00, but the amount claimed for this item in the estimate you presented to Frontline is $146,826.99 plus O&P. Accordingly, additional information and documentation is required to crystallize the parties' dispute for the appraisal panel. Frontline is requesting a meaningful exchange of information sufficient for each party to determine if you and Frontline still have a disagreement as to scope and settlement of the loss. On March 11, 2024, Frontline demanded appraisal. On March 7, 2024, you submitted a rebuild estimate in the amount of $408,189.00 Specifically, we ask you to send us all the following in your possession as it relates to our investigation: • All contract and proof of payments for permits o Permit/Application number 24-3193 (Roof) • All expert reports, repair estimates, receipts, invoices, bid, photos, videos secured or provided in relation to the claimed damages • Copies of any correspondence relating to this loss such as contracts, work authorizations, and assignment of benefits In addition, Frontline is reserving the right to request your Examination Under Oath ("EUO") in the future. 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 your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS. Accordingly, we refer you to SECTION I CONDITIONS, which states in part: SECTION 1-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: (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 5.a. 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. 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 or either of these: (1) Must cooperate with our investigation, (2) Must not act m 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. g. 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 m the inventory. 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; (3) 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 (a) 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;" (b) 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 (c) 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; (4) Permit us to take samples of damaged and undamaged property for inspection. testing, and analysis; and (5) 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. (6) Allow us or any person authorized on our behalf: (a) Access to the “residence premises;" (b) To inspect the “residence premises· and to inspect. subject to 2. above. All damaged property prior to its removal from the "residence premises;” and (c) 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; (7) At our request. Identity the person or persons with knowledge of how Iha loss occurred and the extent of damage; (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. i. Submit to us. within 60 days after the loss, your signed. sworn proof of loss which sets forth. to the best of your knowledge and belief: (1) 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 d1SCOvered the loss. (2) The names of all persons who resided at the insured location at the time of the loss; (3) The interest of all "insureds." "assignees” if any. and all others in the property involved and all liens on the property: (4) Other insurance which may cover the loss. (S) Changes in title or occupancy of the property during the term of the policy: (6) Specifications of damage to the dewing and other structures, including: (a) Detailed description of the damage to the property; (b) Repair estimates which show the extent of damage to each item or property: (c) Estimated amount(s) to repair or replace each item of property: and (d) Amount(s) of payment made tor 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: (7) The inventory of damaged personal property described In C.7. above. (8) Receipts for additional living expenses incurred and records that support the fair rental value; and (9) 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. j. Produce any updates to the documents and information described above. including revised description 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 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. 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: 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named “insureds· shown in the Declarations. You 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 to conduct appraisal on a class-widebasis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. 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: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. 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 972.275. 7195. 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 May 5, 2024, Frontline retained a Field Adjuster, Lawrence McGinley, to again inspect the property to determine if the house was habitable. Mr. McGinley inspected the interior, exterior, and personal property at the home, took photographs, and subsequently prepared a supplemental report for Frontline, which he sent to Frontline along with his photographs. Following receipt of the Field Adjuster’s materials, it was determined that the Insured’s home was habitable. Thus, on May 31, 2024, Mr. Waak alerted the Insured that Frontline would pay for one more resort the Insured recently requested to stay at, but could not guarantee any additional living expenses following that stay. In additional correspondence regarding the Insured’s living expenses, on June 7, 2024, Mr. Waak alerted the Insured that he was in receipt of the hotel invoices the Insured submitted for Las Vegas, NV, Anaheim, CA, and Clearwater, FL, but stated they were under review, especially given the five-star status of some of the hotels. On June 25, 2024, following receipt of additional documentation from the Insured and her contractors, Frontline sent an update letter that stated: “This letter follows our correspondence on June 12, 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 October 17, 2022, for wind-driven rain related damages due to Hurricane Ian. As part of that evaluation, Frontline inspected the insured location on October 18, 2022, and March 22, 2023. The inspections revealed wind damage and wind-driven rain damage to your home. Based upon Frontline's current and ongoing evaluation, as well as the information you have provided to date, enclosed are checks in the amounts of $481.50 (Dwelling- Storage) and $5,401.10 (Loss of Use/Additional Living Expense), the estimate of covered loss, and Statement of Loss providing a breakdown of the payment. A separate check was also issued directly to Housing Headquarters in the amount of $9,310.22 for the hotel period April 24, 2024 - May 27, 2024. A copy of the vendor check is also included with this correspondence. As your repairs are completed, please provide us with documentation of the costs incurred. If you spend more than the Actual Cash Value shown in our estimate, payment for Recoverable Depreciation will be considered up to $14,610.16. In addition to your policy, please refer to our estimate including the "Explanation of Building Replacement Cost Benefits" for additional information regarding the Recoverable Depreciation. 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 loss, scope of loss, estimates or other supporting documentation and allow an inspection by a Frontline representative before repairs are made. Failure to do so may jeopardize your ability to recover the full amount of the additional damages. Frontline reserves the right to inspect the property or require additional information prior to the release of any additional funds. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. 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 972-275-7417. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” This letter was accompanied by two checks issued to the Insured for $481.50 and $5,401.10 and one check to Housing Headquarters on behalf of the Insured for $9,310.22, all dated June 25, 2025. Frontline sent another, similar letter on July 1, 2024, that stated: “This letter follows our correspondence on June 12, 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 October 17, 2022, for wind-driven rain related damages due to Hurricane Ian. As part of that evaluation, Frontline inspected the insured location on October 18, 2022, and March 22, 2023. The inspections revealed wind damage and wind-driven rain damage to your home. Based upon Frontline's current and ongoing evaluation, as well as the information you have provided to date, enclosed is a check in the amount of $481.50 (Dwelling - Storage), the estimate of covered loss, and Statement of Loss providing a breakdown of the payment. As your repairs are completed, please provide us with documentation of the costs incurred. If you spend more than the Actual Cash Value shown in our estimate, payment for Recoverable Depreciation will be considered up to $14,610.16. In addition to your policy, please refer to our estimate including the "Explanation of Building Replacement Cost Benefits" for additional information regarding the Recoverable Depreciation. 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 loss, scope of loss, estimates or other supporting documentation and allow an inspection by a Frontline representative before repairs are made. Failure to do so may jeopardize your ability to recover the full amount of the additional damages. Frontline reserves the right to inspect the property or require additional information prior to the release of any additional funds. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. 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 972-275-7417. 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 July 2, 2024, following a voicemail from the Insured, Frontline’s Desk Adjuster, Angela Green, sent an email responding to the Insured’s questions and stating how the deductible overpayment would be applied and that the Insureds additional Additional Living Expenses request was under review. Also on July 2, 2024, Frontline sent an appraisal update letter that stated: “Frontline has proceeded with appraisal since March 31 , 2024, 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 umpire Rick Zegler. The appraisal inspection was completed on May 24, 2024. The appraiser have reached and impasse, scheduled a panel inspection with the umpire for July 31 , 2024. The appraisers are currently working to reach a resolution of your claim, we will update 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 your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 2311 21 SPECIAL PROVISIONS, which provides 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: 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named “insureds· shown in the Declarations. You 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 to conduct appraisal on a class-widebasis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. 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: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. 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.” This letter was accompanied by an email from Frontline’s Desk Adjuster, Tabitha Worthey, on July 2, 2024, stating the same. Additionally, on July 5, 2024, a check was made out to the Insured for $481.50. In an email exchange from Jul 11, 2024 through July 16, 2024, Ms. Green explained to the Insured that the appraisal process is pending an umpire inspection that was dated for later that month. Additionally, the Insured was given fair market value for her Additional Living Expenses going forward. Further, Ms. Green altered the Insured that, because the five-star hotel the Insured was staying at had a kitchen, she would not get additional funds for eating out. Following a payment to Pack On The Go from Frontline on behalf of the Insured, on July 23, 2024, Frontline sent a letter that stated: “Per your request, a new payment of $481.50 has been issued directly to Pack On The Go, Inc. This check replaces our previously mailed payment(s). Please do not attempt to cash your prior check(s) number 508467. Efforts to deposit or cash any previous payment(s) may result in non-sufficient funds ("NSF") fees assessed by your financial institution which are non-refundable. Should you have any questions or concerns regarding this letter, 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 (972) 275-7417. On July 25, 2024, via email correspondence between the Insured and Ms. Green, after the Insured requested additional Additional Living Expenses for future costs, Ms. Green explained that Additional Living Expenses are paid on incurred costs, not sent as deposits. On July 26, 2024, in an email exchange between the Insured and Ms. Green, following the Insured reaching out to Edjuster claiming additional damage, Ms. Green explained that the Insured must go through Frontline to claim any damages. On July 29, 2024, Ms. Green emailed the Insured, responding to an email from the Insured asking what she had been paid for, Ms. Green detailed every check paid to the Insured with dates and amounts, totaling $284,732.96. On July 31, 2024, the appraisal umpire inspection took place at the property. Following the inspection, on August 2, 2024, Frontline sent an update letter that stated: Frontline has proceeded with appraisal since March 31, 2024, 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 umpire Rick Zegler. The appraisal inspection was completed on May 24, 2024. The appraiser have reached and impasse, a panel inspection with the umpire was schedule to be completed on July 31 , 2024. The appraisers are currently working to reach a resolution of your claim, we will update 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 your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 2311 21 SPECIAL PROVISIONS, which provides 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: 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named “insureds· shown in the Declarations. You 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 to conduct appraisal on a class-widebasis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. 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: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. 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 August 18, 2024, in an email responding to the Insured’s request to dispose of claimed damaged personal property, Ms. Green suggested the Insured not dispose of any property the Insured wished to claim as damaged. Ms. Green also stated that some property may not be damaged to the point of needing replacement, for some property may just need to be cleaned. On August 26, 2024, Frontline sent another appraisal update letter that requested further information and documents from the Insured and stated: “Frontline has proceeded with appraisal since March 31, 2024, 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 umpire Rick Zegler. The appraisal inspection was completed on May 24, 2024. The appraiser have reached and impasse, scheduled a panel inspection with the umpire for July 31 , 2024.The appraisers are currently working to reach a resolution of your claim, we will update as the appraisal progresses. While Frontline is continuing to participate in appraisal, new information has been identified that could alter the scope and extent of the parties' dispute. Specifically, permit for Generator Supercenter for Electric Generator replacement for $14,113.00, current update signed Sworn Proof of Loss. Accordingly, additional information and documentation is required to crystallize the parties' dispute for the appraisal panel. Frontline is requesting a meaningful exchange of information sufficient for each party to determine if you and Frontline still have a disagreement as to scope and settlement of the loss. • All invoices and receipts for work completed to the property since purchase of the property • All contract and proof of payments for permits o 24-11240 Electric Generator • Any and all sub-contractor bids and contracts. • Any and all documentation evidencing actual costs incurred including but not limited to invoices, receipts, timesheets, work logs, and any and all documentation evidencing the actual costs of materials and labor. • All proof of payments to sub-contractors for repairs and services performed. • All expert reports, repair estimates, receipts, invoices, bid, photos, videos secured or provided in relation to the claimed damages. • All proof of payments, including but not limited to payment of deductible, proof of truncated checks for payment, cancelled checks and receipts evidencing payments. • Copies of any correspondence relating to this loss such as contracts, work authorizations, and assignment of benefits. • Executed authorization forms to allow us to secure records deemed necessary to the investigation. • Provide a detailed recorded statement. • Updated Executed Sworn Proof of Loss In addition, Frontline is reserving the right to request your Examination Under Oath ("EUO") in the future. 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 your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 23 11 21 SPECIAL PROVISIONS. Accordingly, we refer you to SECTION I CONDITIONS, which states in 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: (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 5.a. 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. 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 or either of these: (1) Must cooperate with our investigation, (2) Must not act m 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. g. 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 m the inventory. 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; (3) 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 (a) 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;" (b) 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 (c) 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; (4) Permit us to take samples of damaged and undamaged property for inspection. testing, and analysis; and (5) 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. (6) Allow us or any person authorized on our behalf: (a) Access to the “residence premises;" (b) To inspect the “residence premises· and to inspect. subject to 2. above. All damaged property prior to its removal from the "residence premises;” and (c) 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; (7) At our request. Identity the person or persons with knowledge of how Iha loss occurred and the extent of damage; (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. i. Submit to us. within 60 days after the loss, your signed. sworn proof of loss which sets forth. to the best of your knowledge and belief: (1) 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 d1SCOvered the loss. (2) The names of all persons who resided at the insured location at the time of the loss; (3) The interest of all "insureds." "assignees” if any. and all others in the property involved and all liens on the property: (4) Other insurance which may cover the loss. (S) Changes in title or occupancy of the property during the term of the policy: (6) Specifications of damage to the dewing and other structures, including: (a) Detailed description of the damage to the property; (b) Repair estimates which show the extent of damage to each item or property: (c) Estimated amount(s) to repair or replace each item of property: and (d) Amount(s) of payment made tor 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: (7) The inventory of damaged personal property described In C.7. above. (8) Receipts for additional living expenses incurred and records that support the fair rental value; and (9) 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. j. Produce any updates to the documents and information described above. including revised description 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 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. 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: 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. a. A request for appraisal must be in writing and be signed by all Named “insureds· shown in the Declarations. You 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 to conduct appraisal on a class-widebasis. H. Suit Against Us is deleted and replaced by the following H. Suit Against Us. 1. 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: a. Within 5 years after the date of loss; or b. Within any other applicable statutorily-required timeframe; whichever is less. 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 972.275. 7195. Should I not be available when you call, please leave me a detailed message and I will return your call as soon as possible.” This letter was accompanied by an email on August 26, 2024, that stated the same. Also on August 26, 2024, Frontline sent an Additional Living Expenses payment letter that stated: “This letter follows our recent correspondence, when we provided the results of our evaluation and the policy provisions which apply to your claim. Frontline evaluated the claim you reported on October 17, 2022, for wind-driven rain related damages due to Hurricane Ian. As part of that evaluation, Frontline inspected the insured location on October 18, 2022, and March 22, 2023. The inspections revealed wind damage and wind-driven rain damage to your home. We received additional receipts/invoices for meals and lodging on August 13, 2024, and an additional inventory list of damaged personal property received on July 31 , 2024. Based upon Frontline's current and ongoing evaluation, enclosed are check(s) in the amount of $6,145.15 for meals and lodging and $1 ,383.01 for additional personal property items; and Statement of Loss providing a breakdown of the payment. 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 972-275-7417. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” This letter was sent again on August 29, 2024, and was accompanied by a check for the Insured dated August 30, 2024, for $6,145.15. On August 30, 2024, Ms. Worthey called the Insured because the Insured was questioning why she needed to include the generator total cost on the Sworn Proof of Loss, as requested in the Request for Further Information letter, to which Ms. Worthey replied that the Sworn Proof of Loss must included all claimed costs and repairs to the home related to the claim. On September 3, 2024, Frontline sent an updated letter to the Insured regarding her Additional Living Expenses request that stated: “This letter confirms receipt of your request for an extension of Additional Living Expenses (ALE) which was received by Frontline on August 30, 2024. You have requested an extension for Additional Living Expense for the period September 28, 2024, to December 23, 2024. In correspondence sent to you on June 25, 2024, we provided the policy provisions which apply to your claim pertaining to Additional Living Expense. Your policy, HOMEOWNERS 3 - SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS- FLORIDA FIM 00 2311 21, states in relevant part: SECTION I - PROPERTY COVERAGES D. Coverage D - Loss Of Use The limit of liability for Coverage D is the total limit for the coverages in 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use below. In Form HO 00 03: Item 1. is deleted and replaced by the following: 1. Additional Living Expenses If a loss covered under this Section makes that part of the "residence premises" where you reside not fit to live in, we cover the Additional Living Expense, meaning any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living. Payment will be for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle elsewhere. In either event, the payment(s) will be limited to 24 consecutive months from the date of the covered loss. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. Please note, ALE is a necessary increase in living expenses "incurred by you" while your residence premises is "not fit to live in" due to a covered loss and for the "shortest time required to repair or replace the damage." In either event, the payment(s) will be limited to 24 consecutive months from the date of the covered loss. This means we will reimburse you for a reasonable expense to relocate while your house is not livable up to 24 consecutive months from the date of loss. The requested extension period of September 28, 2024, through December 23, 2024, for Additional Living Expense is beyond the 24 consecutive months from the date of loss. As such, based upon the terms and conditions of your insurance policy, Frontline must respectfully deny the portion of your claim for Additional Living Expenses extension. 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 (877) 744-5224.” On September 10, 2024, Frontline sent the Insured another payment letter that stated: “This letter follows our recent correspondence, when we provided the results of our evaluation and the policy provisions which apply to your claim. Frontline evaluated the claim you reported on October 17, 2022, for wind-driven rain related damages due to Hurricane Ian. As part of that evaluation, Frontline inspected the insured location on October 18, 2022, and March 22, 2023. The inspections revealed wind damage and wind-driven rain damage to your home. We received your invoice in the amount of $8,000.00 for the final amount owed for rent for the period September 1, 2024, through September 28, 2024. Based upon Frontline's current and ongoing evaluation, enclosed is our check in the amount of $8,000.00 for cost incurred for rent after consideration of a prior overpayment; and Statement of Loss providing a breakdown of the payment. 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 972-275-7417. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” This letter was accompanied by a check to the Insured for $8,000 and dated September 11, 2024. In an email exchange with the Insured on September 12, 2024, Ms. Green explained to the Insured that there was an overpayment in a previous check, and thus, the reason the most recent check is slightly less than the Insured expected is due to that previous overpayment. On September 12, 2024, the Insured called Frontline to ask for an extension on her Additional Living Expenses, to which Frontline’s Desk Adjuster, Nicholas Moser, responded that her Policy allows for only twenty-four months of Additional Living Expenses, and the Insured’s request goes past that twenty-four month period. On September 18, 2024, Ms. Worthey called the Insured to explain her emails regarding the Insured’s Additional Living Expenses as well as to discuss the Insured’s windows claim and the Pack On The Go invoices. This call was followed up on with a call on September 20, 2024, where Ms. Worthey left a voicemail that the Insured’s Additional Living Request past the twenty-four month mark was denied, the Pack On The Go invoices were shared with the Insured, and for the Insured to send in paperwork regarding the windows. Following execution of the appraisal award, on November 7, 2024, Frontline sent a letter to the Insured detailing the award and stating: “This letter is meant to acknowledge the executed appraisal award dated October 4, 2024, and received by Frontline on October 7, 2024. The award was executed by CA Clinton Kubat and Umpire Rick Zengler on October 4, 2024. Frontline has reviewed the award to complete the repairs. A copy of the estimate, award and Statement of Loss upon which the payment is based is attached here for your records. After the application of the policy limits, deductible, prior payments, recoverable depreciation, and Law and Ordinance (paid as incurred) the amount of the estimated payment is computed based upon the information currently available to us as follows: COVERAGE A - BUILDING Dwelling Award - Water Mitigation REPLACEMENT COST Less Recoverable Depreciation ACTUAL CASH VALUE Deductible Policy Limit Less Prior Payments PAYMENT MOLD Award - Fungi, Wet or Dry Rot, or Bacteria Housing Headquarters Not appraised REPLACEMENT COST Policy Limit Less Prior Payments PAYMENT DEBRIS REMOVAL Award - Debris PAYMENT SCREEN ENCLOSURE Award - Screen Enclosure REPLACEMENT COST Policy Limit Less Prior Payments PAYMENT COVERAGE B - OTHER STRUCTURES Award - Other Structures PAYMENT COVERAGE C-PERSONALPROPERTY Award Award Pack out Not Appraised ( outdoor speakers) REPLACEMENT COST ACTUAL CASH VALUE Policy Limit Less Prior Payment PAYMENT TOTAL RECAP Total RCV and PWI -All Coverages Less Recoverable Depreciation All Coverages Less Non Recoverable Depreciation All Coverages Less PWI All Coverages Total ACV -All Coverages Less Deductible $304,183.51 $12,462.35 $316,645.86 $3,683.66 $312,962.20 $32,000.00 $1,600,000.00 $148,438.95 $132,523.25 $23,116.15 $1,883.85 $25,000.00 $25,000.00 $25,000.00 $0.00 $0.00 $0.00 $8,087.62 $8,087.62 $20,000.00 $350.30 $7,737.32 $0.00 $0.00 $80,520.78 $21,486.14 $300.00 $102,306.92 $102,306.92 $400,000.00 $102,306.92 $0.00 $452,040.40 $3,683.66 $0.00 $0.00 $448,356.74 $32,000.00 Please note the enclosed check is made payable to you and other parties to your loss. All payees listed must endorse the check before it can be cashed or deposited into your bank. If the payee information is incorrect, please contact me immediately. The estimate includes $3,683.66 in recoverable depreciation. As you have completed the repairs please upload the proof of payments, such as truncated credit card statements, copies of executed checks (front/back), photos of the completed repairs etc. to the Frontline claim portal for review. Please submit these items through the web portal at www.frontlineinsurance.com (Main Menu > File A Claim > Upload documents to an existing claim). Accordingly, we direct you to your HO 00 03 05 11 HOMEOWNERS 3 SPECIAL FORM as amended by the FIM 00 2311 21 SPECIAL PROVISIONS which provides in part: SECTION I - CONDITIONS D. Loss Settlement In Forms HO 00 03 and HO 00 06, the following paragraph is added at the beginning of D. Loss Settlement: We will settle covered property losses according to the following, unless otherwise stated in this policy. However, the valuation of any covered property losses does not include, and we will not pay, any amount for “diminution in value." 1. Property of the following types: a. Personal property; b. Awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings; c. Structures that are not buildings; and d. Grave markers, including mausoleums; at actual cash value at the time of loss but not more than the amount required to repair or replace. In Forms HO 00 03: Paragraph D.2.a. is deleted and replaced by the following: a. If, at the time of loss, the amount of insurance in this policy on the damaged building is 80% or more of the full replacement cost of the building immediately before the loss, we will initially pay the actual cash value of the loss, less any applicable deductible. We will then pay any remaining amounts necessary to perform the actual repair or replacement as work is performed and expenses are incurred, but not more than the least of the following amounts: (1) The limit of liability under this policy that applies to the building; (2) The replacement cost of that part of the building damaged with material of like kind and quality and for like use; or (3) The necessary amount to repair or replace the damaged building. If a total loss of the dwelling occurs, the provisions of D.2.a. above do not apply and we will pay the full replacement cost without reservation or holdback of any depreciation in value. If the building is rebuilt at a new premises, the cost described in (2) above is limited to the cost which would have been incurred if the building had been built at the original premises. All repairs performed by repair person(s), contractors, or "assignees· shall not exceed the reasonable and necessary labor, materials, costs, or measures to repair the property, unless otherwise covered by the policy. d. We will pay no more than the actual cash value of the damage until actual repair or replacement is complete. Once actual repair or replacement is complete, we will settle the loss as noted in 2.a. and b. above. However, if the cost to repair or replace the damage is both: (1) Less than 5% of the amount of insurance in this policy on the building; and (2) Less than $2,500; we will settle the loss as noted in 2.a. and b. above whether or not actual repair or replacement is complete. e. You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss to buildings on an actual cash value basis. You may then make claim for any additional liability according to the provisions of this Condition D. Loss Settlement, provided you notify us, within 180 days after the date of loss, of your intent to repair or replace the damaged building. The policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. 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. Frontline specifically reserves its right to assert any other applicable policy provisions, defenses, or exclusions in addition to those stated above; and any such applicable provisions, defenses or exclusions are hereby both asserted and affirmed. 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.” This letter was accompanied with checks to the insured dated December 2, 2024, for $7,737.32 and $132,523.25. On December 3, 2024, Ms. Worthey sent an email to the Insured containing the letter and alerting the Insured that the checks would arrive in five to seven days. Ms. Worthey also called the Insured and left a Voicemail on December 9, 2024. Nevertheless, following receipt of payment on February 12, 2025, the Insured, via her counsel, filed this Civil Remedy Notice and a Notice of Intent to Initiate Litigation. On February 13, 2025, the Insured submitted her Sworn Proof of Loss. Thus, on February 14, 2025, Frontline sent a letter that stated: “This serves to acknowledge our receipt of documents submitted addressed to Frontline Insurance. We received your documentation on February 6, 2025. Frontline Insurance provides homeowner's coverage for the above insured. As we continue to investigate the claim, we look forward to working with you to discuss the facts and circumstances to determine if the policy covers the loss. However, we need the following additional documents from you as we continue to investigate your claim. To facilitate our further investigation into your claim, please submit the following documentation: 1. Letter of Representation. 2. W-9 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 (251) 607-4442.” On February 16, 2025, Frontline received a Letter of Representation stating that Kuhn Raslavich would be representing the Insured for the claim. Thus, on February 18, 2025, Frontline sent an acknowledgment letter that stated: “This serves to acknowledge our receipt of your Letter of Representation between our policyholder Mrs. Kimberley Ap Hennessy. These documents were submitted and addressed to Frontline Insurance and received on February 16, 2025. As we continue to investigate the 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 (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 February 26, 2025, Frontline sent an acknowledgment letter to the Insured that stated: “Please accept this correspondence as Frontline’s response to the Sworn Statement in Proof of Loss (“Proof of Loss”) received on February 13, 2025. Please be advised Frontline is unable to accept the Proof of Loss at this time for the following reasons: 1. Sworn Proof of Loss does not match the invoices, or NOI In addition, the investigation of this claim remains ongoing, and coverage has not yet been determined nor has the net amount of damage been ascertained. By investigating your claim and sending this letter, Frontline Insurance has neither waved nor intends to waive any legal or policy terms, conditions, rights, provisions, or requirements. Likewise, your receipt of this letter and your cooperation with our investigation does not waive any of your rights or obligations under the policy. Should you have any questions or concerns, please feel free to contact me 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.” Also on February 26, 2025, Frontline responded to the Insured’s Notice of Intent to Initiate Litigation in a letter that stated: “First Protective Insurance Company acknowledges receipt of the Property Insurance Notice of Intent to Initiate Litigation (Notice Number: 230320) accepted by the Florida Department of Financial Services on February 12, 2025 (hereafter referred to as “the Notice”). The Notice was submitted on behalf of Kimberley Ap Hennessy (hereafter “the Insured”). First Protective Insurance Company received the Notice on February 13, 2025, and this shall serve as First Protective Insurance Company’s response. To begin, the Notice does not comply with the specificity requirements of § 627.70152(3)(a), Fla. Stat. First, it would appear that the Insured has not been included within the Notice as the email listed for the Insured, Intake2@theKRfirm.com, is the same as that of the Attorney that has filed this matter. To that effect, if the Insured has not received a copy of same then this Notice is defective and needs to be re-filed accordingly Second, § 627.70152(3)(a)(2), Fla. Stat., requires the Notice to state with specificity the alleged acts or omissions of the insurer giving rise to the suit. The Insured’s Notice lacks the required specificity. Instead, the Insured alleges that First Protective Insurance Company “Underpaid” their insurance, and no specific facts are alleged supporting these conclusory allegations. Third, coverage for the Insureds’ claim was not denied. As such, § 627.70152(3)(a)(5), Fla. Stat., requires the Notice to state with specificity the pre-suit settlement demand itemizing the damages, attorneys’ fees, and costs, as well as the disputed amount. However, the Notice does not contain a disputed amount. Fourth, the Notice includes multiple attachments which include invoices and or estimates that to our knowledge were addressed in the executed appraisal ward dated October 4, 2024, and received by Frontline on October 7, 2024, or in prior coverage correspondences. The attachments included an executed Sworn Proof of Loss, which has been acknowledged in a separate correspondence. The attachments also include an invoice from Wolf pack Construction the replacement of additional windows; Quote from Level Up Automation of Florida for the replacement of the shutters; Invoice from Crystal Maid for post installation clean up; invoice from Fairy Panty Home Organizing for pack our and pack in of contents; Invoice from Shamrock Mold Inspection for mold protocol and all of these damages were addressed on the executed appraisal award that was previously paid and settled on December 2, 2024. Furthermore, the attachments include invoices for incurred additional living expenses as well as anticipated cost that have not been incurred. The additional living expenses were addressed in both the prior payment letter dated September 10, 2024 and the coverage letter dated September 3, 2024. For these reasons, the Notice is noncompliant with § 627.70152(3)(a), Fla. Stat. The lack of specificity inhibits First Protective Insurance Company’s right to promptly investigate, review, and evaluate the “dispute” stated in the Notice. First Protective Insurance Company requests that a proper and statutorily compliant written notice of intent to initiate litigation be submitted before suit is filed under the policy. Next, without waiving the deficiencies with the Notice, and subject to a complete reservation of rights, First Protective Insurance Company requires the Insureds to participate in mediation. This response is based on First Protective Insurance Company’s investigation, review, and evaluation of the claim and the information provided by the Insureds and their representatives to date. If there is additional information or documentation pertinent to the Insureds’ claim that has not previously been submitted, please submit it now for review and evaluation. By requiring the Insureds to participate in mediation, First Protective Insurance Company does not waive any rights under the policy or law, and nothing in this letter shall constitute a waiver of any right or an admission of any obligation under the policy. Nor shall any conduct of First Protective Insurance Company or its agents, attorneys, or employees be construed as an estoppel, waiver, modification, or surrender of the terms, limitations, exclusions, conditions, or agreements of the insurance policy. As such, First Protective Insurance Company reserves all its rights and defenses under the policy and Florida law, as well as the right to investigate, review, and evaluate any properly stated dispute in the event First Protective Insurance Company receives a statutorily compliant notice of intent or new or additional information. A copy of this response was sent to the Insureds by their designated email. If you have any questions or concerns, please feel free to contact First Protective Insurance Company.” Thus, via their counsels, the Insured and Frontline scheduled a mediation with Alvarez Dispute Resolution to take place on April 16, 2025. 2. Nature of the Complainant’s Civil Remedy Complaint In the Civil Remedy Notice, the Complainant alleges Frontline violated: In the Civil Remedy Notice, the Complainants allege 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 624.155(1)(b)(3)— 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. Section 626.9541(1)(i)(3)(a)—Failing to adopt and implement standards for the proper investigation of claims. Section 626.9541(1)(i)(3)(b)— Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. Section 626.9541(1)(i)(3)(c)— Failing to acknowledge and act promptly upon communications with respect to claims. Section 626.9541(1)(i)(3)(d)— Denying claims without conducting reasonable investigations based upon available information. Section 626.9541(1)(i)(3)(e)— Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed. Section 626.9541(1)(i)(3)(f)— Failing to promptly provide a reasonable explanation in writing to the Insureds 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. Section 626.9541(1)(i)(3)(g)— Failing to promptly notify the insured of any additional information necessary for the processing of a claim. Section 626.9541(1)(i)(3)(h)— Failing to clearly explain the nature of the requested information and the reasons why such information is necessary. Section 626.9541(1)(i)(4)— Failing to pay undisputed amounts of partial or full benefits owed under firstparty property insurance policies within 60 days after an insurer receives notice of a residential property insurance claim, determines the amounts of partial or full benefits, and agrees to coverage, unless payment of the undisputed benefits is prevented by factors beyond the control of the insurer as defined ins. 627.70131(5). These accusations are unfair given the nature of the facts and damage surrounding this claim. Here, the claim was processed, the Insured’s property was inspected on numerous occasions, multiple requests for information were sent, a recorded statement was taken, a Sworn proof of Loss was requested, and Frontline came to a reasoned coverage determination to open coverage, Frontline made numerous payments to and on behalf of the Insured, Frontline paid for twenty-four months of Additional Living Expenses, the parties went to appraisal and Frontline paid the appraisal award, and the parties are pending mediation. Specifically, first, Frontline asserts that it did act in good faith, fairly, and honestly towards the Insured by taking all necessary steps to decide coverage all while keeping in constant communication with the Insureds. Second, Frontline asserts that there was no obligation to settle the claim because Frontline paid all amounts due as they became due. Third, Frontline asserts that it does have standards for the proper investigation of claims, standards that it used during the evaluation of this claim, including sending a Field Adjuster to inspect the property in person in addition to requesting paper documents for Desk Adjusters to evaluate, sending a professional engineer to inspect the property, taking a recorded statement of the Insureds, and requesting a Sworn Proof of Loss from the Insured, opening coverage and making multiple payment, including for Additional Living Expenses, going to appraisal and paying the appraisal award, and going to a pending mediation with the Insured. Fourth, again, Frontline asserts that it made no misrepresentations to the Insured, and in all communications with the Insured, Frontline used exact Policy language. Fifth, Frontline asserts that it always acted promptly, never more than a few days, and often following up with the Insured when they did not respond promptly to Frontline’s communications. Sixth, Frontline asserts that it did not deny the claim, it only partially denied some of the claim and only pursuant to limitations provided by the Policy. Seventh, Frontline asserts that it kept in constant written communication with the Insured, as detailed above. Eighth, Frontline sent numerous written communications to the Insured explaining its bases, while using direct policy language, and thus, did not violate section 626.9541(1)(i)(3)(f). Ninth, Frontline asserts that it did promptly notify the Insured when additional information was needed, numerous times. Tenth, Frontline asserts that it did clearly explain the nature of the information it was requesting in its written requests to the Insured, always using direct Policy language to back it up. Finally, Frontline has paid all undisputed amounts of benefits owed, making numerous payments to the Insured and on behalf of the Insured throughout the adjustment process. Further, the Complainant has failed to ask for a proper cure of their Civil Remedy Notice. Instead, he has asked for the following cure(s): “Frontline can avoid a lawsuit for bad faith by immediately accepting full coverage under the subject insurance policy for this claim and by paying Ms. Hennessy $207,934.54, which is the policy limit for coverage A less the 2% hurricane deductible.” Frontline responds that this is an improper cure remedy because Frontline fully adjusted the claim and went to appraisal, paying all covered damages and the appraisal award, thus, the Policy limit need not be reached, as the Insured’s damages have been cured. Conclusion Frontline asserts that there was no misconduct in the adjustment of the Insured’s claim. As can be seen from the above, Frontline has credible evidence to support its belief that the claim was properly adjusted. The claim was processed, the Insured’s property was inspected multiple times, letters requesting documentation and information were sent, a recorded statement of the Insured was taken, and Frontline reasonably came to a decision to open coverage, Frontline made numerous payments to the Insured, included Additional Living Expense payments, Frontline went to appraisal with the Insured and paid the appraisal award, and Frontline is currently pending mediation with the Insured. 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 Insured’s claim and unfairly paints Frontline in a negative light. Moreover, the lack of documentation provided by the Insured/Complainant and their representatives during the pendency of this cure period, as well as the lack of specificity within the Civil Remedy Notice, has not given Frontline the ability to conclude its adjustment or “cure” the allegations contained herein above and beyond the payment of coverage already paid. 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