Civil Remedy Notice of Insurer Violations
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Filing Number:     807374
Filing Accepted:  2/18/2025
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Complainant
Last/Business Name *  
RODRIGUEZ   First Name   GABRIEL
Street Address * 9806 ROCKY BANK DR
City, State Zip * NAPLES, FL 34109
Email Address * GABRIEL.ROD@ICLOUD.COM
Complainant Type: * Insured
Insured
Last/Business Name*   RODRIGUEZ   First Name   GABRIEL
Policy # * AGH0371527 Claim #* CHO-00186532
Attorney
Attorney is Applicable
Last Name* FERTEL First Name * JORDAN Initial
Street Address* 151 N NOBB HILL RD, #404
City, State Zip* PLANTATION , FL 33324
Email Address * JORDAN@KCGLAW.INFO
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA
NAIC Company Code 12841
 
Name of individual responsible for violation (if any):* DEMETRIA ANDERSON & NATALIA VENTURA
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Delay
Unfair Trade Practice
* Statutory provision(s) which the insurer allegedly violated.
 
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

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

February 17, 2025 Sent Via E-mail and DFS website: claimsmail@aiiflorida.com American Integrity Insurance Company of Florida ATTN: Demetria Anderson & Natalia Ventura P.O. Box 748042 Atlanta, GA 30374-8042 RE: Client : GABRIEL RODRIGUEZ & MARIA SILVA Insured : GABRIEL RODRIGUEZ & MARIA SILVA Policy # : AGH0371527 Claim # : CHO-00186532 Property Address : 9806 Rocky Bank Drive, Naples, FL 34109 Dear American Integrity Insurance Company of Florida: As discussed in greater detail in the notice, Carrier has not attempted in to settle the claim 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 their interests. Carrier is required to properly investigate and adjust claims and cannot place that burden upon the insured or complainant. This was made clear by the appellate court and the Florida Supreme Court in Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005)(“The Legislature has clearly chosen to impose on the insurance companies a duty to use good faith and fair dealing in processing and litigating the claims of their insureds…”). Carrier’s actions are in violation of Florida Statute §§ 626.9541(1)(i)(3)(c). Carrier received insureds’ property damage claim related to Hurricane Milton on October 9, 2024. Carrier requested participation with an inspection, which was completed on January 7, 2025. Carrier has failed to respond to our 7 requests for a status update following the completed inspection. As a direct result, Complainant is unsure what carrier is pending on the claim, or if carrier is still investigating the loss. Carrier is not acting in good faith by failing to promptly acknowledge communications in relation to this claim in an effort to avoid communications regarding the claim. All the aforementioned are part of what appears to be an ongoing pattern and practice of behavior of the carrier that it demonstrates a wanton and reckless regard for claimant’s rights and a pattern and practice of bad faith claims practices to its insureds across the state of Florida. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must: 1.) provide a detailed status at the claim’s investigation following the completion of the property inspection. A copy of this letter and filed form submitted to the DFS has been emailed as indicated above. Should you have any questions upon receipt of this filing, please do not hesitate to contact me at (954) 661-0184. We appreciate your attention to this matter. Sincerely, Karl C. Gonzalez, Esq. Karl C. Gonzalez, Esq. Enclosed: Civil Remedy Notice Filing Attorney at Law
Comments
User Id Date Added Comment
swozniak@aii.com 03-07-2025 March 7, 2025 Via Electronic Submission Florida Department of Financial Services Consumer Assistance Civil Remedy Section Larson Building 200 E. Gaines Street Tallahassee, FL 32399-0322 Jordan Fertel, Esq. 151 North Nobb Hill Road, #404 Plantation, Florida 33324 Jordan@KCGLaw.info Re: DFS File No: 807374 Complainant: Gabriel Rodriguez Insured: Gabriel Rodriguez Policy No: AGH0371527 Insurer: American Integrity Insurance Company of Florida Claim No: CHO-00186532 To Whom It May Concern: We are in receipt of the Civil Remedy Notice (“CRN”) filed by Jordan Fertel, Esq. on behalf of the above referenced Complainant and matter. The Florida Department of Financial Services (“DFS”) accepted the CRN on February 18, 2025 and assigned it DFS File No. of 807374. While American Integrity asserts that the subject CRN is legally insufficient and non-compliant with Florida law, American Integrity, without waiving any arguments regarding same, contends that it has at all times performed its obligations under the insurance policy in a prompt and diligent manner with due regard for the interest of its Insured, Gabriel Rodriguez. The CRN contains a list of purported violations which are alleged to have been committed by American Integrity. In fact, none of the listed violations/allegations have occurred and/or are irrelevant to the alleged violations and American Integrity categorically denies any violations of §624.155 and §626.9541, Fla. Stat., as well as any and all other statutes/regulations/codes/rules contained in the CRN. In addition, American Integrity denies any and all allegations of any kind and/or any inferences therefrom referenced and/or contained in the CRN. American Integrity believes this response adequately addresses the allegations and violations contained within the CRN. Sincerely, Michael S. Sperounes Michael S. Sperounes, Esq. Senior Vice President of Litigation American Integrity Insurance Group cc: Jordan Fertel, Esq. via email at: Jordan@KCGLaw.info CRN Response If this document contains an excerpt from an American Integrity Insurance Policy (“the Policy”) it is provided here for informational purposes only. This excerpt is not the official version of the Policy. The official version of the Policy is the policy issued to the Insureds on the policy effective date. In the event there is inconsistency between this document and the Policy, the Policy shall serve as the official version. Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. F.S. 817.234
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