Filing Number: 808827
|
| Filing Accepted: 2/27/2025 |
| Last/Business Name
*
|
|
|
BEGDOURI HOMES OF EMILY, LLC
|
|
First Name |
|
|
|
| Street Address
*
|
|
CO/ GYDEN LAW GROUP, 1600 E 8TH AVE, SUITE A200 |
| City, State Zip
*
|
|
TAMPA,
FL
33605
|
| Email Address
*
|
|
HGYDEN@GYDENLAW.COM |
| Complainant Type:
*
|
|
Insured |
|
| Last/Business Name* |
|
BEGDOURI HOMES OF EMILY, LLC |
|
First Name |
|
|
| Policy # * |
|
CP 2687185 |
|
Claim #* |
|
0-47471 |
|
Attorney is Applicable
|
| Last Name* |
GYDEN
First Name *
HENRY
Initial
G
|
| Street Address* |
|
GYDEN LAW GROUP, 1600 E. 8TH AVE, SUITE A200 |
| City, State Zip* |
|
TAMPA, FL
,
FL
33605
|
| Email Address * |
|
HGYDEN@GYDENLAW.COM |
|
|
| Insurer Type
*
|
|
 Authorized Insurer
 Unauthorized Insurer
|
|
|
| Insurer Name |
|
|
| Insurer Name* |
|
MOUNT VERNON FIRE INSURANCE COMPANY
|
| Insurer Name* |
|
|
| Street Address* |
|
|
| City, State Zip* |
|
,
|
|
NAIC Company Code 26522 |
|
|
| Name of individual responsible for violation (if any):*
MATTHEW BERRY OF USLI - CLAIMS ADJUSTER
|
| Type of Insurance
*
Commercial Property & Casualty
|
|
|
| Reason for Notice
*
|
|
|
Other
:
Refusal to amend payment to correct underpayment
|
|
|
*
Statutory provision(s) which the insurer allegedly violated.
|
|
|
|
| 624.155(1)(b)(1) |
|
Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
|
|
| 626.9541(1)(i)(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)(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.
|
|
*
Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
A. Coverage
We will pay for direct physical loss of or damage to
Covered Property at the premises described in the
Declarations caused by or resulting from any Covered
Cause of Loss.
|
| |
*
Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
Insurer submitted an Adjuster Estimate Report in which the Insurer reduced the claim value ($519,967.05) by $150,250.66 based on an assertion of depreciation. However, in arriving at this depreciation amount, the insurer arbitrarily guessed the age of various materials within the building, using a range from 10 to 53 years old, when the insurer had evidence before it that the building had been substantially renovated six years prior to the subject fire that was the basis for the claim. After the insured informed the Insurer that the depreciation amount was overstated by $94,575.64 and sent the insurer photographs supporting its assertion that the materials had been replaced within the six-year period before the fire, the Insurer refused to pay the correct amount and instead demanded expense records and geotagged pictures from the insured. After the insured informed the Insurer that its business records had been substantially lost due to damage to a company computer and that, while the insured had pictures, it did not have "geotagged" pictures, the Insurer informed the insured that it would not change its knowingly erroneous depreciation numbers and would take no further action on the claim. Thus, despite having no evidence to support its excessive depreciation reductions and being presented with substantial evidence showing that its depreciation numbers were in error, including records of the permits pulled and photographs reflecting the installation of new materials, the insurer has conducted no further investigation and has made no effort to expeditiously pay the amount properly owed under its policy. The Insured is immediately owed $94,575.64 and makes a demand for the immediate tender of this amount.
|
|
|
*
|
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
|