Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 807468

Filing Accepted: 2/19/2025

Print Filing

Complainant

Last/Business Name *

BUTLER

First Name

CALVIN AND VALERIE

Street Address *

312 SW PANTHER TRCE

City, State Zip *

PORT SAINT LUCIE, FL 34953

Email Address *

CALVINBUTLER411@GMAIL.COM

Complainant Type: *

Insured

Last/Business Name*		BUTLER		First Name		CALVIN AND VALERIE
Policy # *		3900793002		Claim #*		01000131991

Attorney

Attorney is Applicable

Last Name*	VALLEY First Name * JOSEPH Initial
Street Address*		2300 MAITLAND CENTER PKWY. STE 106
City, State Zip*		MAITLAND , FLORIDA 32751
Email Address *		JVALLEY@SERRANOCAGAN.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):* KENDRA DAVIS, DARLA SIRLS
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Claim Denial
	Claim Delay
	Unsatisfactory Settlement Offer
	Unfair Trade Practice

* 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)(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)(i)		Failing to pay personal injury protection insurance claims within the time periods required by s. 627.736(4)(b).

* 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 – PROPERTY COVERAGE A. Coverage A – Dwelling (Entire Section) B. Coverage B – Other Structures (Entire Section) C. Coverage C – Personal Property (Entire Section) D. Coverage D – Loss of Use (Entire Section).

* 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 12/17/2024, CALVIN BUTLER AND VALERIE BUTLER, ("Insured"), sustained a covered direct physical loss to Insured's property due to a windstorm. Insured reported the loss thereafter to FIRST PROTECTIVE INSURANCE COMPANY ("Insurer"). Prior to the date of loss, Insurer issued a policy of insurance, believed to be policy # 3900793002 which afforded coverage for the aforementioned property for losses caused by the covered peril. The policy was in full force and effect on the date of loss. The Insured promptly notified Insurer of the loss, who then assigned the loss claim # 01000131991. Insurer was fully afforded any and all opportunity to inspect the loss and document the loss. To date, Insurer has paid $00.00 to Insured on this claim even after numerous attempts by the Insured to provide documentation of additional damages and compensation owed. Insured had no choice but to retain legal representation on or about 01/09/2025,, as the Insurer refused to pay the full amount due and owed to its Insured. Insurer has continually failed to negotiate this claim with Insured’s attorney and/or failed to provide a satisfactory settlement offer to resolve the subject claim. This has severely harmed the Insured's ability to remedy their losses and continue with repairs to the property. The only purpose for Insurer's refusal to negotiate the claim is to increase profits and harm their insured. This is either done intentionally as a pattern and practice of Insurer to deny coverage and harm their insureds, or Insurer has failed to properly train and supervise its adjusters to the harm and detriment of their insureds. This pattern and practice is done for only one reason, which again, is to maximize profits and harm their insureds. Insurer has violated the following statutory provisions: 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)(c): Failing to acknowledge and act promptly upon communications with respect to claims; 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)(3)(i): Unfair claim settlement practices, and any other applicable statutes to the factual allegations included herein. To remedy and/or cure this CRN, Insurer must immediately tender payment in the amount of $ 40,809.36 less any applicable deductible and prior payment to the Insured to complete the repairs for the Insured property. The payment shall be tendered to the Insured’s attorneys, Serrano Cagan & Cagan at 2110 Park Street, Jacksonville Florida, 32204.

Comments

User Id		Date Added		Comment
Jvalley@serranocagan.com		05-06-2025		Complainant hereby withdraws this Civil Remedy Notice against First Protective Insurance Company.
bkelley@wallenkelley.com		04-17-2025		April 16, 2025 Florida Department of Financial Services Consumer Assistance/Civil Remedy Section Larson Bldg., 200 E. Gaines Street Tallahassee, Florida 32399-0322 Re: Complainants: Calvin and Valerie Butler Address: 312 SW Panther Trace, Port Saint Lucie, FL 34953 Insureds: Calvin and Valerie Butler Policy #: 3900793002 Claim: 01000131991 Attorney: Joseph Valley, Esq. Email: jvalley@serranocagan.com Address: 2300 Maitland Center Parkway, Suite 106, Maitland, FL 32751 DOI File #: 807468 Date of Acceptance: February 19, 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 Complainants, Calvin and Valerie Butler. Frontline’s response is specifically in regard to Claim 01000131991, which is related to a claim for Insureds’ property located at 312 SW Panther Trace, Port Saint Lucie, FL 34953, which was insured by Frontline under Policy # 3900793002 with effective dates of that Policy being March 20, 2024 through March 20, 2025, and was in effect on the alleged date of loss, October 9, 2024. Statement of Facts This matter arises from an alleged windstorm and water damage claim at the Insureds’ Port Saint Lucie, 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: 01000131991 The instant claim was reported to Frontline on December 187, 2024. After receipt of the claim, Frontline assigned a claim number, 01000131991, and, on December 18, 2024, sent an acknowledgment letter to the Insureds. In addition, Frontline provided a Homeowners’ Bill of Rights to inform them of their 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 Insureds of their 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 thirty (30) 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. Thus, on December 18, 2024, Marcus Greer of Veteran Catastrophe Services called the Insureds and scheduled an inspection for December 230, 2024. On December 19, 2024, Frontline received a call from the Insureds who stated that they wanted to change their claim from a hurricane claim to a water damage claim. Later that day, on December 19, 2024, Frontline’s Desk Adjuster, Mia Beck, called the Insureds and spoke with Mr. Butler, who stated that the correct date of loss is December 17, 2024, when water came down from a light in the bathroom. He then stated that he had not checked the attic and that he is not claiming damage to personal property. On December 230, 2024, Marcus Greer of Veteran Catastrophe Services inspected the property in the presence of the Insureds. During the inspection, Mr. Greer took photographs of the exterior, interior, and roof of the home. He subsequently prepared a report summarizing his findings and sent the report and photographs to Frontline to review. Following receipt of the Field Adjuster’s materials, as well as the information provided by the Insureds, on January 6, 2025, Frontline sent the Insureds a coverage determination letter that stated: “This letter follows our conversation on January 7, 2025, when we discussed the results of our evaluation and the policy provisions which apply to your claim resulting from Hurricane Milton that reportedly occurred on October 09, 2024. Frontline evaluated the claim you reported on December 18, 2024, for water intrusion into the bathroom from the roof. As part of that evaluation, Frontline inspected the insured location on December 20, 2024. The inspection revealed no damage found due to Hurricane Milton. Your policy, under which you are seeking insurance benefits, affords coverage for physical loss to property, but in this claim no physical loss was ever presented to Frontline for Hurricane damage. Respectfully, we are unable to pay for the repair to your chimney flashing as your Homeowners Policy excludes coverage for damages resulting directly or indirectly from wear and tear, deterioration, or existing damage. Your policy, HOMEOWNERS 3 - SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS - FLORIDA FIM 00 23 05 23, states in relevant part: 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. 2. We do not insure, however, for loss: (6) Any of the following: (a) Wear and tear, marring, deterioration; (b) Mechanical breakdown, latent defect, inherent vice or any quality in property that causes it to damage or destroy itself; SECTION I - PERILS INSURED AGAINST A. Coverage A - Dwelling And Coverage B - Other Structures Paragraph A.1. in Form HO 00 03 is deleted and replaced by the following: 1. We insure for sudden and accidental direct physical loss to covered property described in Coverages A and B unless the loss is otherwise excluded or limited in this policy. However, loss does not include, and we will not pay for, any "diminution in value.” The first paragraph under B. in Form HO 00 03 (in Form HO 00 04, the first paragraph in SECTION I - PERILS INSURED AGAINST) is deleted and replaced by the following: The following Exclusions have been updated: SECTION I - EXCLUSIONS 11. Existing Damage, meaning: a. Damages which occurred prior to policy inception regardless of whether such damages were apparent at the time of the inception of this policy or discovered at a later date; or b. Claims for damages arising out of workmanship, repairs or lack of repairs arising from damage which occurred prior to policy inception. However, any ensuing loss, which occurs during the policy period, arising out of workmanship, repairs or lack of repairs, caused by a Peril Insured Against, to property described under Section I - Property Coverages, is covered unless the loss is otherwise excluded in the policy. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. While coverage has been denied, Frontline will evaluate and consider any new information that you submit in support of your claim. Please feel free to submit new information for our consideration. 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. Our denial of your claim does not relieve you of any duty to maintain your property, and you should move forward with any repairs necessary to protect the property from further damage.” 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 7:00 p.m. EST. I can be reached at 754-331-1540. 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 January 7, 2025, Frontline’s Desk Adjuster, Kendra Davis, called the Insureds to discuss the coverage letter, however, when there was no answer, Ms. Davis left a voicemail with an accompanying email containing the coverage letter. Later that day, on January 7, 2025, the Insureds returned Ms. Davis’ call, where Ms. Davis explained that if the Insureds wanted to change the date of loss, they would have to submit a new claim. On January 7, 2025, APC Roofing submitted additional materials to Frontline, and thus, on January 7, 2025, Ms. Davis called them and stated that she received the materials but also explained that the date of loss on their documents was incorrect. Thereafter, Frontline received a Letter of Representation dated January 10, 2025, that stated that Serrano Cagan & Cagan would be representing the Insureds for the claim. Thus, on January 15, 2025, Frontline sent an acknowledgment letter. that stated: “This serves to acknowledge our receipt of your Letter of Representation between our policyholder Calvin Butler and Valerie Butler and Serrano Cagan & Cagan Law Firm. These documents were submitted and addressed to Frontline Insurance and received on January 10, 2025. Your request for a certified copy of the policy has been submitted and will be forwarded under separate cover. As we continue to evaluate this 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 (972) 522-2121. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” Along with this acknowledgment letter, on January 15, 2025, Frontline’s Desk Adjuster, Darla Sirls, called the Insureds’ counsel and alerted them that she would be the new handling adjuster and requested additional documentations supporting the claim. This request was also memorialized in an email stating the same and an official Request for Further Information letter that stated: “We received your claim on December 18, 2024, for soffit and ridge damage due to Hurricane Milton with a reported date of loss of October 9, 2024. In a phone conversation on December 19, 2024, you advised that water came into your home following a rainstorm that took place on December 17, 2024. We request that you provide the following documents and information which are material to our evaluation of your claim: • Cause of Loss Documentation: Retain and provide evidence of the cause of loss and provide documentation as to the repair of the source of loss. • Photos/Videos: All photos and videos taken at the time of the loss and of the damage(s) being claimed. • Rebuild Estimates/Invoices: Submit all related estimates, invoices, contracts, Assignments of Benefits, work authorizations, photos and supporting documentation from all repair firms. • Home Inspection and Sellers' Disclosure: Provide the pre-purchase home inspection report and seller's disclosure pertaining to your April 2, 2021 purchase of the insured location. Also note that your signed Sworn Proof of Loss was required to have been provided to us within 30 days after notification of the loss. Please provide the requested information through the web portal at www.frontlineinsurance.com (Main Menu> Upload Claim Documents). Please note the following Duties After Loss in your policy, HOMEOWNERS 3 - SPECIAL FORM HO 00 03 0511 as modified by SPECIAL PROVISIONS- FLORIDA FIM 00 23 05 23, which states in relevant part: SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. "Your" 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: 2. 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. 5. Protect the property from further damage. The following must be performed: a. 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 2.e. 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. b. Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. 6. 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 of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation. 7. 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. 8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if reasonably possible, except as to any repairs performed under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Provide us with records and documents we request and permit us to make copies; c. 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: (1) 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;" (2) 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 (3) 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; d. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and e. 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. f. All low us or any person authorized on our behalf: (1) Access to the "residence premises/ (2) To inspect the "residence premises" and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises;" and (3) 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; g. At om request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; h. For losses covered under Coverage A and B, allow us to re-inspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by third parties were completed, or following a supplemental or re-opened claim. 9. After notifying us of the loss, submit to us, within 30 days after notification, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: a. 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 discovered the loss; b. The names of all persons who resided at the insured location at the time of the loss; c. The interest of all «insureds," assignees if any, and all others in the property involved and all liens on the property; d. Other insurance which may cover the loss; e. Changes in title or occupancy of the property during the term of the policy; f. Specifications of damage to the dwelling and other structures, including; (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary m permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; g. The inventory of damaged personal property described in C.7. above; h. Receipts for additional living expenses incurred and records that support the fair rental value; and i. 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. 10. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: a. As this information becomes available, and if additional loss or damage is discovered or incurred; and b. 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. 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 (972) 522-2121. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” Frontline followed up with this request in an email stating the same on January 21, 2025. Without submitting any of the requested documents, on February 19, 2025, the Insureds, via their counsel, submitted this Civil Remedy Notice and a Notice of Intent to initiate litigation. Thus, on March 3, 2025, Frontline sent the Insureds and their counsel a Reservation of Rights letter that stated: “We received your claim on December 18, 2024, for roof and interior water damage due to Hurricane Milton with a reported date of loss of October 9, 2024. Following Frontline’s coverage denial letter sent on January 7, 2025, a Notice of Intent to Initiate Litigation was received on February 19, 2025, with an estimate of damage totaling $40,809.36. We are issuing this reservation of rights letter to you because there is a question as to whether Frontline is obligated to indemnify you under the policy for the reported loss. Frontline will evaluate every claim which is reported to us and make payment for those losses which are covered under your policy number 3900793002 with effective dates of March 20, 2024 to March 20, 2025; however, we must inform you that based on our preliminary evaluation, we have identified issues that may restrict, limit or exclude coverage, and we will be continuing our evaluation under a Reservation of Rights. Specifically, repairs were made to the roof prior to Frontline inspection. Failure to comply with the following “Duties After Loss” may have jeopardized, or may result in prejudice to, Frontline’s evaluation of this claim. You are notified that any action taken by Frontline or its authorized representatives to evaluate the supplemental claim, 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. Please note the following Duties After Loss in your policy, HOMEOWNERS 3 – SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS – FLORIDA FIM 00 23 05 23, which states in relevant part: SECTION I – PERILS INSURED AGAINST Paragraph A.1 in Form HO 00 03 is deleted and replaced by the following: 1. We insure for sudden and accidental direct physical loss to covered property described in Coverages A and B unless the loss is otherwise excluded or limited in this policy. However, loss does not include, and we will not pay for, any "diminution in value." 2. We do not insure, however, for loss: c. Caused by: (a) Wear and tear, marring, deterioration; (b) Mechanical breakdown, latent defect, inherent vice or any quality in property that causes it to damage or destroy itself; (f) Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings; SECTION 1- EXCLUSIONS A. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 11. Existing Damage, meaning: a. Damages which occurred prior to policy inception regardless of whether such damages were apparent at the time of the inception of this policy or discovered at a later date; or b. Claims for damages arising out of workmanship, repairs or lack of repairs arising from damage which occurred prior to policy inception. However, any ensuing loss, which occurs during the policy period, arising out of workmanship, repairs or lack of repairs, caused by a Peril Insured Against, to property described under Section I - Property Coverages, is covered unless the loss is otherwise excluded in the policy. This exclusion does not apply in the event of a total loss caused by a Peril Insured Against. SECTION I - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. "Your" 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: 2. 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. 5. Protect the property from further damage. The following must be performed: a. 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 2.e. 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. b. Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. 6. 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 of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation. 7. 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. 8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if reasonably possible, except as to any repairs performed under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Provide us with records and documents we request and permit us to make copies; c. 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: (1) 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;" (2) 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 (3) 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; d. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and e. 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. f. All low us or any person authorized on our behalf: (1) Access to the "residence premises/ (2) To inspect the "residence premises" and to inspect, subject to 2. above, all damaged property prior to its removal from the "residence premises;" and (3) 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; g. At om request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; h. For losses covered under Coverage A and B, allow us to re-inspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by third parties were completed, or following a supplemental or re-opened claim. 9. After notifying us of the loss, submit to us, within 30 days after notification, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: a. 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 discovered the loss; b. The names of all persons who resided at the insured location at the time of the loss; c. The interest of all «insureds," assignees if any, and all others in the property involved and all liens on the property; d. Other insurance which may cover the loss; e. Changes in title or occupancy of the property during the term of the policy; f. Specifications of damage to the dwelling and other structures, including; (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary m permanent repairs. Photographs and other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; g. The inventory of damaged personal property described in C.7. above; h. Receipts for additional living expenses incurred and records that support the fair rental value; and i. 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. 10. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: a. As this information becomes available, and if additional loss or damage is discovered or incurred; and b. 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 above, and for any other good and valid reasons which may become known during our evaluation of this claim, you are notified that any action taken by Frontline or its authorized representatives to evaluate 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. As outlined in this letter, we request that you provide the following documents and information that are material to Frontline’s evaluation of your claim: • Cause of Loss Documentation: Retain and provide evidence of the cause of loss and provide documentation as to the repair of the source of loss. • Photos/Videos: All photos and videos taken at the time of the loss and of the damage(s) being claimed, including but not limited to, any videos of interior water damage and photographs prior to the roof repair. • Rebuild Estimates/Invoices: Submit all related estimates, invoices, contracts, work authorizations, photos and supporting documentation from all repair firms, including but not limited to, an invoice for the roof repair completed on the left slope above the master bathroom. • Home Inspection and Sellers’ Disclosure: Provide the pre-purchase home inspection report and seller’s disclosure pertaining to your 2021 purchase of the insured location. • Allow an inspection of the property: Allow an additional inspection of the property by Frontline. Also note that your signed Sworn Proof of Loss was required to have been provided to us within 30 days after notification of the loss. Please provide the requested information through the web portal at www.frontlineinsurance.com (Main Menu > Upload Claim Documents). 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 such additional policy defenses at any time. Should you have any questions or concerns or have any additional information you would like to be considered, please feel free to contact your assigned adjuster, Susan Craft, Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. EST. She can be reached at (321) 441-2798. If she is not available when you call, please leave her a detailed message, and she will return your call as soon as possible.” Following this Reservation of Rights letter, on March 4, 2025, Frontline responded to the Notice of Intent to Initiate Litigation with a letter that stated: “First Protective Insurance Company acknowledges receipt of the Property Insurance Notice of Intent to Initiate Litigation (Notice Number: 231507) accepted by the Florida Department of Financial Services on February 19, 2025 (hereafter referred to as “the Notice”). The Notice was submitted on behalf of Calvin and Valerie Butler (hereafter “the Insureds”). First Protective Insurance Company received the Notice on February 19, 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. Fla. Stat., § 627.70152(3)(a)(2), requires the Notice to state with specificity the alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage. The Insureds’ Notice lacks the required specificity. Instead, the Insureds provide vague allegations that First Protective Insurance Company “failed to (a) correctly determine cause of Loss, (b) determine whether Policy excluded or excepted coverage, and/or (c) to fully indemnify Claimant for Loss.” No specific facts are alleged supporting these contradictory allegations. For this reason, 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 asserts the right to reinspect the damaged property. This response is based on First Protective Insurance Company’s investigation, review, and evaluation of the claim and the information provided by the Insureds 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 through the web portal at www.frontlineinsurance.com (Main Menu > Upload Claim Documents). By asserting the right to reinspect the damaged property, First Protective Insurance Company has fourteen (14) business days after this response to perform the reinspection and to determine to accept or continue to deny coverage. As such, it is imperative that you make the property available for reinspection within the next nine (9) calendar days for reinspection. Please contact us immediately to schedule the reinspection. 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, pursuant to the Notice of Intent to Initiate Litigation Response, on March 4, 2025, Frontline, via their counsel, sent a Re-inspection Demand and Request for Further Information letter that stated: “…Please note that First Protective Insurance Company is in receipt of the Civil Remedy Notice filed by your office. In response to same, First Protective Insurance Company is hereby requesting that your client allow a re-inspection of the property by a licensed professional engineer and provide further information regarding the property located at 312 SW Panther Trce., Port Saint Lucie, FL 34953 and claim number 010001131991. Additionally, we are requesting proof and cost of repairs, if any. Further, pursuant to the policy, if any, as exampled below, we request the insureds submit a sworn proof of loss detailing their damages Accordingly, please notify Gwen Kelly (GKelly@wallenkelley.com), within the next three (3) days, what dates and times within the next ten (10) days the Insureds are available for said inspection. Moreover, First Protective Insurance Company would request any of the following documentation from your client in relation to the aforementioned claim: • A homeowners’ insurance policy between Calvin and Valerie Butler and Frontline Insurance Unlimited Company that was active on the alleged date of loss, December 17, 2024. • Permits, estimates, invoices, receipts, contracts, and any other documents pertaining to the installation, repair, or replacement of the roofing system currently in the property. • Permits, estimates, invoices, receipts, contracts, and any other documents pertaining to the repair or replacement of the interior since December 17, 2024. • Permits, estimates, invoices, receipts, contracts, and any other documents pertaining to the repair or replacement of any part of the interior or exterior of the property, (including any patio, pool cage, pool or yard structures), since December 17, 2024. • Photographs or video showing the areas reported as damaged in this claim at any time since December 17, 2024. • Photographs or video showing any repair or replacement of the roof, interior (including all rooms and interior areas), exterior (including any outside fence, pool/patio area, shed or yard structures) or any other damaged area of the property as reported in this claim, since December 17, 2024. • All receipts, canceled checks, copies of checks, cash withdrawal statements, or any other documentation showing payments made to any persons or companies in relation to the damage claimed, the repair thereof, or any purchase or replacement related thereto. • All financial records, including checking account statements, savings account statements, credit card statements, and any other statements of other lines of credit, which reflect financial accounts you used or had access to from December 17, 2024 to present, and which were involved in any deposit or transfer of insurance proceeds or which pertain to any withdrawal or payment related to a repair or replacement of damaged items or areas related to the subject loss. • All estimates, invoices, reports, or other documents pertaining to inspections of the property made since December 17, 2024. • All documents reflecting your hiring or non-hiring of a public adjuster to represent you as to this claim. • All documents relating to any lawsuit brought by you against an insurer, or by an insurer against you, within the past fifteen (15) years. • An executed Sworn Proof of Loss for Claim 010001131991. • A copy of any estimate(s) prepared by your roofer/loss consultant for Claim 010001131991. • Any Assignment of Benefits You signed for 010001131991. • Any water remediation or mold remediation documents for Claim 010001131991. • Any documents related to any tarping work involvement with Claim 010001131991, including pictures. • Any videos related to water damage or problems with the house. • Any documents related to ProScope Consulting’s work, assistance, repair, or involvement with Claim 010001131991. • Any documents related to ProScope Consulting’s work, assistance, repair, or involvement with Claim 010001131991. These requests are being made pursuant to the following policy conditions: SECTION 1 - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. “Your” 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. Give immediate notice to us or our agent. a. Any claim or “reopened claim”, as those terms are defined in Florida Statute 627.70132, is barred unless notice of the claim was given to us in accordance with the terms of the policy within one year as specified in the Florida Statute 627.70132(3). Any “supplemental claim”, as that term is defined in Florida Statute 627.70132 is barred unless notice of the “supplemental claim” was given to us in accordance with the terms of the policy within eighteen months as specified in the Florida Statute 627.70132(3). For claims resulting from hurricanes, tornadoes, windstorms, severe rain, or other weather related events, the date of loss is the date that the hurricane made landfall or tornado, windstorm, severe rain, or other weather-related event is verified by the National Oceanic and Atmospheric Administration. b. Except for Reasonable Emergency Measures taken under Additional Coverage 2., there is no coverage for repairs that begin before the earlier of: (a) 72 hours after we are notified of the loss; (b) The time of loss inspection by us; or (c) 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 begins the earlier of when we are given access to inspect the loss or when we fail to appear at a scheduled loss inspection. 2. 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. 3. Notify the police in case of loss by theft. 4. Notify the credit card or fund transfer card company in case of loss under Credit Card or Fund Transfer Card coverages. 5. Protect the property from further damage. The following must be performed: a. 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. b. Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. 6. 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 our claim. You, and “insured” seeking coverage, or a representing of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation. 7. 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. 8. As often as we reasonably require: a. 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; b. Provide us with records and documents we request and permit us to make copies; c. 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: (1) 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;” (2) 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 (3) 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 be either be in-person or utilize video and audio technology, or both, as determined by us; d. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and e. 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. f. Allow us or any person authorized on our behalf: 1. Access to the “residence premises;” 2. To inspect the “residence premises” and to inspect, subject to 2. above, all damaged property prior to its removal from the “residence premises;” and 3. 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; g. At our request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; h. For losses covered under Coverage A and B, allow us to re-inspect, 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-open claim. 9. After notifying us of the loss, submit to us, within 30 days after notification, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: (a) 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 discovered the loss; (b) The names of all personas who resided at the insured location at the time of loss; (c) The interest of all “insureds,” “assignees” if any, and all others in the property involved and all liens on the property; (d) Other insurance which may cover the loss; (e) Changes in title or occupancy of the property during the term of the policy; (f) Specifications of damage to the dwelling and other structures, including: (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of damage to the property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for 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; (g) The inventory of damaged personal property described in C.7. above; (h) Receipts for additional living expenses incurred and records that support the fair rental value; and (i) Evidence of affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. 10. Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: a. As this information becomes available, and if additional loss or damage is discovered or incurred; and b. 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. Your clients are required to allow for re-inspection of the insured property, provide further information, and submit a sworn proof of loss pursuant to the terms of the insurance policy under which you are seeking recovery and Florida Statute. Their duties after loss also obligate them to provide the requested documents as well. Pursuant to the terms of the insurance policy and Florida law, if they fail or refuse to comply, they may be denied recovery under the policy. If you have any questions at all or wish to further discuss these matters or schedule mediation for this matter, please call or email me at your earliest convenience.” On March 24, 2025, Frontline received the Insureds’ Sworn Proof of Loss. Thus, on March 26, 2025, Frontline sent the Insureds an acknowledgment letter that stated: “We acknowledge receipt of your Sworn Statement in Proof of Loss (“Proof of Loss”) on March 24, 2025. However, please be advised Frontline is unable to accept the Proof of Loss at this time because the Proof of Loss fails to comply with the requirements set forth in your policy as follows: 1. The Proof of Loss was not submitted within 30 days after notifying Frontline of the loss. 2. You have not provided 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 discovered the loss. 3. No items or exact dollar amount is listed on the Proof of Loss form provided by Frontline. 4. Frontline disagrees with the price and scope of the attached estimate because the estimate includes solely uncovered damages resulting directly or indirectly from wear and tear, deterioration, or existing damage. Your policy, HOMEOWNERS 3 – SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS – FLORIDA FIM 00 23 05 23, states in relevant part: SECTION 1 - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. “Your” 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: …. 9. After notifying us of the loss, submit to us, within 30 days after notification, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: (j) 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 discovered the loss; (k) The names of all personas who resided at the insured location at the time of loss; (l) The interest of all “insureds,” “assignees” if any, and all others in the property involved and all liens on the property; (m) Other insurance which may cover the loss; (n) Changes in title or occupancy of the property during the term of the policy; (o) Specifications of damage to the dwelling and other structures, including: (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of damage to the property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for 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; (p) The inventory of damaged personal property described in C.7. above; (q) Receipts for additional living expenses incurred and records that support the fair rental value; and (r) Evidence of affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause 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. Due to your failure to fully comply with the Policy Conditions, Frontline has been prejudiced in its ability to timely adjust and/or evaluate your claim. As a result, we must reject your Proof of Loss. Additionally, based upon the terms and conditions of your insurance policy, Frontline denied your claim for Hurricane Milton damage to the roof, chimney, and interior water damage. Please refer to the enclosed letter dated January 6, 2025. While coverage has been denied, Frontline will evaluate and consider any new information that you submit in support of your claim. Please feel free to submit new information for our consideration through the web portal at www.frontlineinsurance.com (Main Menu > Upload Claim Documents). 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 (877) 744-5224 ext. 2798. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” The inspection of the Insureds’ property took place on April 3, 2025, by licensed Professional Engineer, Gregory Lewis of PE Group who conducted a cause and origin analysis, inspected the property, took photographs, and subsequently submitted material to Frontline. Following receipt of the materials from Mr. Lewis, Frontline sent an updated letter coverage letter that stated: “A Hurricane Milton claim was initially reported to Frontline on December 18, 2024, and a coverage determination was sent on January 7, 2025. This letter follows our re-inspection of the insured property on April 3, 2025, in response to the Notice of Intent to Initiate Litigation received by Frontline. Frontline re-evaluated the claim you reported for roof damage and water damage to the bathroom as a result of Hurricane Milton. As part of that evaluation, Greg Lewis, PE of the PE Group, re-inspected the damages claimed. The inspection revealed underlayment improperly tacked to the roof that may in-and-of itself have caused damage to the roof. Frontline provided the engineer with redacted photographs from the original field inspection of the roof on December 23, 2024, to assist in his investigation of the area covered by underlayment and not otherwise available for inspection. Due to the temporary roof repair that was completed prior to the adjuster’s initial inspection on December 23, 2024, the engineer was unable to conclude the cause of any damage sustained to the roof. Frontline has requested photographs of the roof prior to the repair and a copy of the invoice for the repair on January 15, 2025, March 3, 2025, and March 11, 2025. However, a response to these requests has not been received. Additionally, Frontline has requested the pre-purchase home inspection report and seller’s disclosure pertaining to your 2021 purchase of the insured location. However, that information has not been received for review. The late reporting of the claim, the delay in allowing access to inspect the damaged property, and the failure to provide records and documents we requested, delayed the investigation and was prejudicial to Frontline’s evaluation of this claim. Your homeowners insurance policy assigns you specific duties following a loss, including the duty to give immediate notice of the loss, show the damaged property and the condition it was at the time of loss, provide us records and documents we request, and submit a Sworn Proof of Loss within 30 days after the loss. Please note the following Duties After Loss in your policy, HOMEOWNERS 3 – SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS – FLORIDA FIM 00 23 05 23, which states in relevant part: SECTION 1 - CONDITIONS C. Duties After Loss is deleted and replaced by the following: C. “Your” 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: 2. 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. 5. Protect the property from further damage. The following must be performed: a. 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. b. Keep an accurate record of repair expenses. To the degree reasonably possible, take pictures prior to repairs commencing. 6. 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 our claim. You, and “insured” seeking coverage, or a representing of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation. 7. 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. 8. As often as we reasonably require: a. 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; b. Provide us with records and documents we request and permit us to make copies; c. 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: 1. 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;” 2. 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 3. 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 be either be in-person or utilize video and audio technology, or both, as determined by us; d. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and e. 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. f. Allow us or any person authorized on our behalf: 1. Access to the “residence premises;” 2. To inspect the “residence premises” and to inspect, subject to 2. above, all damaged property prior to its removal from the “residence premises;” and 3. 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; g. At our request, identify the person or persons with knowledge of how the loss occurred and the extent of damage; h. For losses covered under Coverage A and B, allow us to re-inspect, 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-open claim. 9. After notifying us of the loss, submit to us, within 30 days after notification, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: a. 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 discovered the loss; b. The names of all personas who resided at the insured location at the time of loss; c. The interest of all “insureds,” “assignees” if any, and all others in the property involved and all liens on the property; d. Other insurance which may cover the loss; e. Changes in title or occupancy of the property during the term of the policy; f. Specifications of damage to the dwelling and other structures, including: 1. Detailed descriptions of the damage to the property; 2. Repair estimates which show the extent of damage to the property; 3. Estimated amount(s) to repair or replace each item of property; and 4. Amount(s) of payment made for 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; g. The inventory of damaged personal property described in C.7. above; h. Receipts for additional living expenses incurred and records that support the fair rental value; and i. Evidence of affidavit that support a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss. 10 Produce any updates to the documents and information described above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: a. As this information becomes available, and if additional loss or damage is discovered or incurred; and b. 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. Notwithstanding the prejudice referenced above, to the extent that Frontline could investigate your claim, windstorm damage was not observed to the insured property. Frontline retained Greg Lewis, PE of the PE Group to assist in determining the cause and origin of the reported damage. Following his inspection, he advised Frontline that he did not find any evidence of wind damage to the roof in the areas that were available for inspection. The engineer also inspected the damage claimed to the bathroom to include reviewing a video provided by the insured of water coming through the ceiling. A copy of this video was also requested by Frontline on January 15, 2025, March 3, 2025, and March 11, 2025, but has not been received to date. While the date of the video is unknown, the engineer’s investigation did not reveal any physical damage to the bathroom as a result of a water loss. Based on the investigation of the above-mentioned claim, there is no evidence of damage caused by a covered peril. Your policy does not provide coverage for wear and tear, deterioration, settlement cracks, mechanical damage, existing damage or neglect. Based on the terms and conditions of your insurance policy, Frontline must respectfully deny your claim. Please note the following provisions in your policy, HOMEOWNERS 3 – SPECIAL FORM HO 00 03 05 11 as modified by SPECIAL PROVISIONS – FLORIDA FIM 00 23 05 23, which states in relevant part: SECTION 1- PERILS INSURED AGAINST Paragraph A.1. in Form HO 00 03 is deleted and replaced by the following: 1. We insure for sudden and accidental direct physical loss to covered property described in Coverages A and B unless the loss is otherwise excluded or limited in this policy. However, loss does not include, and we will not pay for, any "diminution in value." 2. We do not insure, however, for loss: c. Caused by: (a) Wear and deterioration; tear, marring, (b) Mechanical breakdown, latent defect, inherent vice or any quality in property that causes it to damage or destroy itself; (f) Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings; SECTION I - EXCLUSIONS A. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 5. Neglect Neglect means neglect of an "insured" to use all reasonable means to save and preserve property at and after the time of a loss. 11. Existing Damage, meaning: a. Damages which occurred prior to policy inception regardless of whether such damages were apparent at the time of the inception of this policy or discovered at a later date; or b. Claims for damages arising out of workmanship, repairs or lack of repairs arising from damage which occurred prior to policy inception. However, any ensuing loss, which occurs during the policy peri od, arising out of workmanship, repairs or lack of repairs, caused by a Peril Insured Against, to property described under Section I - Property Coverages, is covered unless the loss is otherwise excluded in the policy. This exclusion does not apply in the event of a total loss caused by a Peril Insured Against. The aforementioned policy provisions are only excerpts from your policy. All policy terms and conditions continue to apply to your claim. While coverage has been denied, Frontline will evaluate and consider any new information that you submit in support of your claim. Please feel free to submit new information for our consideration. 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. Our denial of your claim does not relieve you of any duty to maintain your property, and you should move forward with any repairs necessary to protect the property from further damage. As previously noted in prior correspondence, Frontline will review any additional documentation you have in your possession regarding this claim. Should you wish to submit same, it will be reviewed. 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. I can be reached at (321) 441-2798. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” To date, no additional documentation has been submitted by the Insureds. 5. Nature of the Complainants’ Civil Remedy Complaint 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)(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. reasons why such information is necessary. Section 626.9541(1)(i)(3)(i)— Failing to pay personal injury protection insurance claims within the time periods required by s. 627.736(4)(b). These accusations are unfair given the nature of the facts and damage surrounding this claim. Here, the claim was processed, the Insureds’ property was inspected on numerous occasions, requests for information were sent, Frontline came to a reasoned decision that coverage was denied, and continued to adjust the claim even after its coverage decision. Specifically, first, Frontline asserts that it did act in good faith, fairly, and honestly towards the Insureds by taking all necessary steps to decide coverage all while keeping in constant communication with the Insureds and their counsel. Second, Frontline asserts that the obligation to settle the claim is not reasonably clear as Frontline came to the reasoned determination that there were no covered damages. 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, requesting paper documents for Desk Adjusters to evaluate, requesting a Sworn Proof of Loss, keeping in communication with the Insureds and their counsel, and retaining an engineer to perform an additional inspection. Fourth, Frontline asserts that it always acted promptly, and often followed up with the Insureds when they did not respond promptly to Frontline’s communications. Fifth, Frontline asserts that it did conduct a reasonable investigation, using multiple unbiased parties to inspect and report on the property and claim. Sixth, Frontline asserts that it did come to a coverage determination within the required time frame, it is the Insureds’ Sworn Proof of Loss that was late. Seventh, Frontline asserts that it did promptly provided reasonable explanations, often times using exact language from the Policy. Eighth, Frontline asserts that this is not a personal injury claim. Further, the Complainants have failed to ask for a proper cure of their Civil Remedy Notice. Instead, they have asked for the following cure(s): “To remedy and/or cure this CRN, Insurer must immediately tender payment in the amount of $ 40,809.36 less any applicable deductible and prior payment to the Insured to complete the repairs for the Insured property. Frontline responds: This is an improper cure remedy because it is an estimate, and therefore, does not put Frontline on notice of any amount actually owed, if any. Nevertheless, Frontline asserts that it does not owe any amount, as Frontline came to a reasoned determination that there were no covered damages. Finally, there is no specific amount listed. Conclusion Frontline asserts that there was no misconduct in the adjustment of the Insureds’ 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 Insureds’ property was inspected on numerous occasions, letters requesting documentation and information were sent, Frontline reasonably came to a decision that there are no covered damages. 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, and it continues to do so. In turn, this Civil Remedy Notice unfairly characterizes the facts of the Insureds’ claim and unfairly paints Frontline in a negative light. Moreover, the lack of specificity within the Civil Remedy Notice, has not given Frontline the ability to “cure” the allegations contained herein above, regardless of the withdraw status of the claim. 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