Civil Remedy Notice of Insurer Violations
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Filing Number:     807050
Filing Accepted:  2/17/2025
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Complainant
Last/Business Name *  
MARTINEZ   First Name   JULIO
Street Address * 770 PONCE DE LEON BLVD, STE 101
City, State Zip * CORAL GABLES, FL 33134
Email Address * JULIO@MSPGLAWGROUP.COM
Complainant Type: * Other
Insured
Last/Business Name*   DIPRE   First Name   MARIELA
Policy # * FLP617886 Claim #* 1261910-231013
Attorney
Attorney is Applicable
Last Name* MARTINEZ First Name * JULIO Initial
Street Address* 770 PONCE DE LEON BLVD, STE 101
City, State Zip* CORAL GABLES , FL 33186
Email Address * JULIO@MSPGLAWGROUP.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   ASI PREFERRED INSURANCE CORP.
NAIC Company Code 13142
 
Name of individual responsible for violation (if any):* UNKNOWN
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
* Statutory provision(s) which the insurer allegedly violated.
 
624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
626.9541(1)(i)(2) A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy.
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)(d) Denying claims without conducting reasonable investigations based upon available information.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

SECTION I – PERILS INSURED AGAINST A. COVERAGE A – DWELLING AND COVERAGE B – OTHER STRUCTURES 1. We insure against direct physical loss to the property described in Coverage 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.

On or about September 28 2022, the Insureds suffered a loss on account of Hurricane Damage causing damage to Insureds’ property (hereinafter “Hurricane Claim”). The Insurer assigned claim number _ 1261910-231013. However, Insurer failed to promptly acknowledge receiving claim communication, they also failed to pay or deny the claim within 90 days. Insurer has failed to maintain complete claim records and provide required identification an license information to the policy holder. honor Insurer has failed to property calculate interest on undisputed payments. As such, Insurer has failed to fully, or even partially, indemnify the Insureds as it was contractually obligated to do pursuant to the subject Policy. After a lawsuit commenced, the insurer sent the policyholder a notice of nonrenewal, presumably because there is an open claim. Insurer violated numerous Florida Statutes in its handling of Insureds’ claim. Insurer did not attempt in good faith to settle claims when, under all circumstances, it could and should have done so, made a material misrepresentation for the purpose and with the intent of effecting settlement of such claims, loss or damage on less favorable terms than those provided in the policy, and misrepresented pertinent facts or insurance policy provisions relating to Coverages at issue. [626.9541(1)(i)(2)] [626.9541(1)(i)(3)(b)] [624.155(1)(b)1] Further, by ignoring obvious _damage resulting from the claim, Insurer failed to adopt and implement standards for the proper investigation of claims, and effectively denied the remained of Insureds’ claim without conducting reasonable investigations based on available information. [626.9541(1)(i)(3)(d)] [626.9541(1)(i)(3)(a)] Insurer can cure this breach by paying insurance monies due and owed to the Insureds that would reasonably place them back to their pre-loss condition, as well as compensating the Insureds for incurred Additional Living Expenses, as well as any and all reasonable attorney’s fees and costs incurred to them to date in connection with this claim and stemming from the aforementioned violations by the Insurer. This notice is given in order to perfect the right to pursue the Civil Remedy Authorized by this section. Further, by closing this claim out, per the terms and conditions of the policy as alleged by the insured, they will be able to obtain insurance on their property. Insurer did not attempt in good faith to settle claims when, under all 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, specifically when it refused to renew the policy of insurance with the insured. [624.155(1)(b)1] Insurer’s policy requires that the property be protected from further damage; which is exactly what the insured did when she replaced her roof in March 2024 (after Insurer’s pre-litigation inspection). However, Insurer now alleges that the Insured destroyed evidence because the roof was replaced prior to Insured’s engineer’s inspection. Please note, by the time Insurer requested for an engineer to inspect it had already initially denied the claim and then stood by its denial in response to the Notice of Intent to Litigate. It was only after suit was filed and well after the roof had been replaced, that Insurer retained an engineer. Cure Amount: $90,000 plus reasonable attorney’s fees and costs.
Comments
User Id Date Added Comment
lashawna_e_nesbitt@progressive.com 03-18-2025 While ASI Preferred Insurance Corp. believes that the Civil Remedy Notice fails to comply with the requirements of Florida Statute §624.155 and Florida Case law, it has responded to the notice in writing to Julio Martinez, Esquire, on March 18, 2025.
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