Filing Number: 807314
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| Filing Accepted: 2/18/2025 |
| Last/Business Name
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SOUTH BEACH 777 LLC AND TRADITIONS OF LEE COUNTY, INC.
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First Name |
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| Street Address
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760 GULF BLVD |
| City, State Zip
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BOCA GRANDE,
FL
33921
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| Email Address
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PORTOBART@AOL.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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SOUTH BEACH 777 LLC AND TRADITIONS OF LEE COUNTY, INC. |
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First Name |
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| Policy # * |
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FIW0-000106214 |
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Claim #* |
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05000001372 |
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Attorney is Applicable
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| Last Name* |
ROSS
First Name *
VANESSA
Initial
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| Street Address* |
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2501 TAMIAMI TRAIL |
| City, State Zip* |
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SARASOTA
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FLORIDA
34239
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| Email Address * |
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ESERVICE@ROSSLEGALFL.COM |
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| Insurer Type
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 Authorized Insurer
 Unauthorized Insurer
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| Insurer Name |
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| Insurer Name* |
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FRONTLINE INSURANCE UNLIMITED COMPANY
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| Insurer Name* |
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| Street Address* |
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| City, State Zip* |
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,
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NAIC Company Code 10074 |
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| Name of individual responsible for violation (if any):*
LORI MILAND, AND ALL OTHER ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY FRONTLINE INSURANCE UNLIMITED COMPANY INVOLVED IN THE CLAIM.
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| Type of Insurance
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Commercial Property & Casualty
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| Reason for Notice
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Unsatisfactory Settlement Offer
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Claim Delay
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Unfair Trade Practice
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Statutory provision(s) which the insurer allegedly violated.
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| 624.155(1)(b)(1) |
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Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
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| 624.155(1)(b)(3) |
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Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
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| 626.9541(1)(i)(3)(a) |
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Failing to adopt and implement standards for the proper investigation of claims.
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| 626.9541(1)(i)(3)(c) |
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Failing to acknowledge and act promptly upon communications with respect to claims.
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
3. Replacement Cost
a. Replacement Cost (without deduction for
depreciation) replaces Actual Cash Value in
the Valuation Loss Condition of this Coverage
Form.
This Optional Coverage does not apply to:
(1) Personal property of others;
(2) Contents of a residence;
(3) Works of art, antiques or rare articles,
including etchings, pictures, statuary,
marbles, bronzes, porcelains and bric-abrac;
or
(4) "Stock", unless the Including "Stock"
option is shown in the Declarations.
Under the terms of this Replacement Cost
Optional Coverage, tenants' improvements
and betterments are not considered to be
the personal property of others.
c. You may make a claim for loss or damage
covered by this insurance on an actual cash
value basis instead of on a replacement
cost basis. In the event you elect to have
loss or damage settled on an actual cash
value basis, you may still make a claim for
the additional coverage this Optional Coverage
provides if you notify us of your intent
to do so within 180 days after the loss or
damage.
d. We will not pay on a replacement cost basis
for any loss or damage:
(1) Until the lost or damaged property is
actually repaired or replaced; and
(2) Unless the repairs or replacement are
made as soon as reasonably possible
after the loss or damage.
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Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
In Florida, the work of adjusting insurance claims engages the public trust. Frontline Insurance Unlimited Company (“INSURER”) has breached the public’s trust by its adjustment of South Beach 777 LLC and Traditions of Lee County, Inc. (“INSURED”) claim of loss. Frontline Insurance Unlimited Company’s mailing address is 500 International Parkway, Lake Mary, FL 32746.
INSURER has failed to create and implement adequate guidelines for the proper investigation and evaluation of claims, claims handling, and for training and supervision of employees resulting in statutory violations as set forth above. INSURER has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the INSURED’S insurance claim for damages.
INSURER has failed to promptly settle the INSURED’S insurance claim when the obligation to settle the insurance claim had become reasonably clear. To date, notwithstanding the INSURED’S pleas otherwise, INSURER has continued to refuse to acknowledge its obligation to conduct a proper investigation, and to tender the full amount of insurance monies due and owing its INSURED under the policy.
This claim involves the INSUREDS’ property located at 760 Gulf Blvd, Boca Grande, FL 33921 which sustained significant damage from a windstorm on or about September 28, 2022. The Insured immediately reported the loss to the carrier and allowed for inspection. The carrier accepted coverage for the loss and issued payment in the amount of $11,853.49.
Depreciation in the amount of $14,867.93 was withheld from the payment issued by INSURER due to the INSURER requiring documentation evidencing repairs completed to the INSURED’S property.
The policy provides coverage for replacement cost value for the work that was deemed covered by the claim. Notwithstanding, the INSURER withheld depreciation after having sworn testimony that the work was being performed and contracts signed.
The Insured has submitted all documentation to the carrier and no further insurance benefits have been tendered. At this time, the restaurant is fully rebuilt and open, and therefore recoverable depreciation is due and owing.
Therefore, demand is hereby made as follows:
Replacement Cost Value $53,271.42
Actual Cash Value $38,403.49
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Recoverable Depreciation Due $14,867.93
The concept of insurance is that the insurer will investigate and grant timely and prompt indemnity or security against a contingent loss. 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 upon determinable contingencies. Inherent in that definition is the fact that payment must be made timely and promptly so that the INSURED may mitigate their damages and be put back into the position they were in prior to the loss as quickly as possible. INSURER has breached this duty.
The INSURED was, and still is, forced to expend out of pocket monies to submit her insurance claim, e.g., retaining an attorney and other experts to force INSURER to honor its obligations under the insurance policy and to pay all the insurance proceeds due and owing to them.
INSURER has refused and/or failed to tender all the insurance proceeds due and owing to the INSURED. INSURER’s refusal and/or failure to settle the insurance claim when under all circumstances it could have and should have done so had it acted fairly and honestly towards the INSURED is wrongful conduct. Furthermore, the INSURED contends that INSURER’s adjusters and/or representatives financially benefit from such wrongful conduct.
This notice is given in order to perfect the right to pursue the civil remedy authorized by Fla. Stat. §624.155.
Therefore, to cure the defects outlined in this Civil Remedy Notice, INSURER must:
(1) Create and implement adequate guidelines for the proper investigation and evaluation of claims and for the training and supervision of employees, which will avoid future statutory violations as set forth above, and prevent this from occurring in the future;
(2) INSURER must create and implement adequate guidelines for the proper investigation and evaluation of these types of claims and for the training and supervision of employees with regard to these claims to ensure that the claims handling procedure with regard to these types of losses are adequate to prevent other Insureds from being treated unfairly and wrongfully;
(3) INSURER must tender to the INSURED 14,867.93 as set forth above; and,
(4) INSURER must act fairly and honestly towards its INSURED and with due regard for her interests in attempting to settle its INSURED’S claim.
Attachments: Letter & check received from Frontline, Construction Contract
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The submitter hereby states that this notice is given in order to perfect the rights of the
person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes.
Before submitting a Notice using this system, please verify that all text has been entered
correctly and completely. Once the Notice has been submitted, the text cannot be changed
or deleted.
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DFS-10-363
Rev. 10/14/2008
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