Civil Remedy Notice of Insurer Violations
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Filing Number:     809079
Filing Accepted:  2/28/2025
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Complainant
Last/Business Name *  
BOTWINSKI   First Name   BRIAN & MELANIE
Street Address * 5331 LOON NEST COURT
City, State Zip * APOLLO BEACH, FL 33572
Email Address * MELANIE4@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   BOTWINSKI   First Name   BRIAN & MELANIE
Policy # * 9221306005 Claim #* 01000123010
Attorney
Attorney is Applicable
Last Name* KLOTZMAN First Name * SCOTT Initial
Street Address* 9555 SW 175TH TERRACE, SUITE 651
City, State Zip* PALMETTO BAY , FLORIDA 33157
Email Address * PRELIT@SCOTTKLOTZMAN.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   FIRST PROTECTIVE INSURANCE COMPANY
NAIC Company Code 10897
 
Name of individual responsible for violation (if any):* AMBER LAMAR, LAURIE ULLOM, KEVIN SAULNY, AND ALL ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE RELATED TO THIS CLAIM
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unfair Trade Practice
Unsatisfactory Settlement Offer
* 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)(2) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(h) Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

There are no policy provision specifically at issue or in dispute, the policy provides coverage for damages resulting from Hurricane Milton, but First Protective Insurance Company D/B/A Frontline Insurance (“Insurer”) has failed to extend coverage for repairs needed for the insured property.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

First Protective Insurance Company d/b/a Frontline Insurance (“Insurer”) issued an insurance policy bearing policy number 9221306005 which insured the property located at 5331 Loon Nest Court, Apollo Beach, FL 33572. The policy was in effect when the property sustained damage on or about October 9, 2024, when it was damaged by Hurricane Milton. On or about October 9, 2024, while the subject policy was in full force and effect, the Insureds suffered a loss caused by Hurricane Milton. The claim was reported on October 11, 2024. Insurer assigned claim number 01000123010 to the loss. There was significant damage including, but not limited to, the roof, windows, interior, exterior, boat dock and lift. On October 11, 2024, Insurer received notice of the claim for property damage resulting from Hurricane Milton. The damage was reported to Insurer which assigned Claim Number 01000123010 to the claim and began its investigation. Insurer assigned an adjuster to the claim and inspected the property. Via written correspondence dated November 9, 2024, Insurer advised it has estimated the damages to be $10,952.81, below the policy’s $18,026.00 hurricane deductible. The November 9, 2024, under deductible letter did not cite to a single policy exclusion. Rather, the letter simply noted the replacement cost under Coverage A. Insurer failed to provide a detailed repair estimate in violation of Fla. Stat. 624.155(1)(b)(2). The Insureds took all necessary precautions to protect their property prior to the Hurricane. Upon returning from a mandatory evacuation, they observed water damage in several areas thought the home, including but not limited to, second floor ceilings that were sagging and extensive damage to the kitchen. There was also damage to the boat dock and the lift and a repair estimate has been submitted. The Insureds immediately began remediating the damage, which was very difficult due to the high demand for restoration contractors. Despite the obvious hurricane damage, Insurer told the Insureds that the claim would be denied since the damage was caused by flooding. There was absolutely no evidence of flood damage in their neighborhood. There was no flood damage to the insured property. The damage was from wind and rain. The Insureds retained a Public Adjuster who provided a repair estimate and photographs of the damages, which were received by Insurer on November 21, 2024. A reinspection was then scheduled to take place on December 11, 2024. Insurer had been advised that the Insureds had incurred over $100,000.00 in out-of-pocket necessary repairs and had obtained an estimate for windows and doors totaling $147,000.00, separate and apart from the Public Adjuster’s estimate. Despite this, Insurer refused act in good faith and settle the claim. In fact, Insurer has been going out of its way to avoid making payment of the claim by making unreasonable requests on the Insureds. For example, Insurer has asked for: 1. All photographs, images, statements, text messages, emails, estimates, job quotes, invoices, receipts, and any other documentation regarding this claim you wish us to consider. 2. A list of all contractors, salespersons, or individuals working in the construction trade or in a trade related to the construction trade with whom you have discussed this loss with or who have worked on this loss. 3. A detailed statement of damages claimed from the reported Date of Loss which separates damage that occurred after the reported Date of Loss. 4. A detailed estimate of your anticipated repair expenses. 5. Any documentation in support of your claim you wish us to consider. 6. A completed, fully executed, signed, notarized Sworn Proof of Loss. 7. Mold Protocol and Hygienist Report 8. Loss of Use Documents, Lease Agreement for home you are renting 9. Repair Proposal for Boat Dock 10. Recorded Statement: We are requesting your recorded statement by phone and will contact you to schedule same. The Insureds provided all required documents to Insurer such as a repair estimate, photographs, Sworn Statement in Proof of Loss, Mold Proposal, Repair proposal for dock and submitted to a recorded statement. Nevertheless, Insurer continued to delay the claim and look for reasons not to pay. Due to the nature of the damages, the Insureds were forced to move out of their home into a rental property. This property was much smaller than their home, but they needed to move out because their property was uninhabitable during the repairs. Their daughter suffers from severe asthma and the dust put her at significant risk of a lift threatening asthma exacerbation. The Insureds submitted invoices and proof of payment for the rental home, yet Insurer has failed to reimburse them for these covered expenses. Despite the monumental effort and expense to comply with Insurers never-ending string of requests, Insurer issued a Reservation of Rights dated November 26, 2024. This letter stated: • It is questionable whether you protected the insured property from further damage. • It is questionable whether you have kept an accurate record of the repair expenses. • It is questionable whether you have cooperated with us in our investigation of your claim. • It is questionable whether you have shown us the damaged property and the cause of loss and the condition it was in at the time of loss. • It is questionable whether you have submitted to us, within thirty (30) days after notification of the loss, your signed, sworn proof of loss. Additionally, Insurer alleged that the following policy exclusions MAY apply to the claim: • It is questionable whether the loss was caused by repeated seepage or leakage of water or the presence or condensation of humidity, moisture or vapor, that occurs or develops over a period of time, whether hidden or not. • It is questionable whether the loss was caused by wear and tear, marring, deterioration. • It is questionable whether the loss was caused by settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings, • It is questionable whether the loss was caused by fungi, wet or dry rot, yeast or bacteria. Rather than adjust the claim in good faith, Insurer continued to harass the Insureds for documentation that had already been provided and/or is irrelevant. Insurer has been provided with documents establishing that the claim is covered, despite this being apparent from the condition of the property alone. Insurer has failed to extend coverage for payments owed and has refused to attempt to settle the claim with its Insureds. Insurer’s delay in issuing payment is causing and will cause the Insureds to sustain extra-contractual damages not covered by the property, including loss of use and enjoyment of the property and related damages, costs associated with hiring adjusters and experts, among other damages and these uninsured damages would not have occurred but for the Insurer ’s failure to timely issue payments owed. In this claim and as a business practice, Insurer fails to retain experts needed to investigate claims, ignores evidence establishing coverage and avoids covered repairs to attempt to avoid issuing payments owed pursuant to the insurance policy. Insurer can cure these violations by attempting to settle the claim in good faith and issuing payment for the remaining contractual damages owed. As Insurer is aware, issuing payment for contractual damages owed will preclude recovery of extra-contractual damages already incurred, and that will be incurred, and the contractual damages should immediately be paid and be paid within 60 days from the date of this notice. Due to applicable Florida Statutes, and the insurance policy’s payment provisions, the payment issued should also include interest. If insurer contends there is somehow more information needed that was not already provided, it should immediately advise the Insureds’ attorney what information is needed. Insurer has been provided with information establishing that the claim is covered but has failed to extend coverage for the claim. Insurer’s denial of the claim and refusal to issue payment is a breach of the insurance policy. This notice is being given in order to perfect the right to pursue the civil remedy authorized by this section.
Comments
User Id Date Added Comment
bkelley@wallenkelley.com 04-28-2025 April 28, 2025 Florida Department of Financial Services Consumer Assistance/Civil Remedy Section Larson Bldg., 200 E. Gaines Street Tallahassee, Florida 32399-0322 Re: Complainants: Brian & Melanie Botwinski Address: 5331 Loon Nest Court, Apollo Beach, FL 33572 Email: Melanie4@Gmail.com Insured: Brian & Melanie Botwinski Policy #: 9221306005 Claim: 01000123010 Attorney: Scott Kltozman, Esq. Email: Prelit@scottklotzman.com Address: 9555 SW 17th Terrace, Suite 651, Palmetto Bay, FL 33157 DOI File #: 809079 Date of Acceptance: February 28, 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, Brian Botwinski and Melanie Botwinski. Frontline’s response is specifically in regard to Claim 01000123010, which is related to a claim for Insureds’ property located at 5331 Loon Nest Court, Apollo Beach, FL 33572, which was insured by Frontline under Policy # 9221306005 with effective dates of that Policy being August 26, 2024 through August 26, 2025, and was in effect on the alleged date of loss, October 9, 2024. Statement of Facts This matter arises from a Hurricane Milton claim at the Insureds’ Apollo Beach, 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: 01000123010 The instant claim was reported to Frontline on October 11, 2024, following the alleged date of loss of October 9, 2024. After receipt of the claim, Frontline assigned a claim number, 01000123010, and, on October 11, 2024, sent an acknowledgment letter to the Insured. 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 Insured 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.” Frontline then retained the services of a licensed Field Adjuster, Jacob Truillo, to inspect the property and document the alleged damages. On October 12, 2024, Mr. Trujillo contacted the Insureds and scheduled an inspection for October 23, 2024. On October 18, 2024, Frontline received the Insureds’ Public Adjuster’s Letter of Representation and Retained Contract. Later that day, Frontline’s Desk Adjuster, Christopher Ketchum, spoke to the Insured, Melanie Botwinski, about her claim, the damages to the property, and the adjustment process. On October 23, 2024, Frontline’s Field Adjuster, Jacob Trujillo, conducted an inspection in the presence of the Insured, Brian Botwinski. During that inspection, he took photographs of the roof, exterior, and interior of the home. Following the inspection, he prepared a report which contained his findings. He subsequently sent this report and his photographs to Frontline for review. Thereafter, Frontline received documentation for the claim from the Insureds’ Public Adjuster. After receipt of same, Frontline’s Desk Adjuster contacted the Public Adjuster to discuss their mold pricing and sub-limits within the Insureds’ Policy. In an effort to update the Insureds on the status of their claim, on November 9, 2024 Frontline’s Desk Adjuster sent correspondence which advised them that: “As you know, Frontline provides homeowners insurance to you under policy number 9221306005 for the above-referenced property location for the policy period August 26, 2024 to August 26, 2025, subject to all terms and conditions of your policy. This letter follows my conversation with your public adjuster on November 9, 2024, in which I advised our inspection and estimate revealed the damages to your home resulting from Hurricane Milton were below your policy deductible. 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 – 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 by 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 bared 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: (1) 72 hours after we are notified of the loss; (3) The time of loss inspection by us; or (3) 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 policy 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 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. 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 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 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 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 8:00 a.m. and 6:00 p.m. CT. I can be reached at 251-634-5303. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” Following the mailing of the coverage letter, Frontline’s Desk Adjuster spoke with the Insureds’ Public Adjuster on November 11, 2024 to advise of the status of the claim and Frontline’s coverage determination. Approximately ten days later (November 21, 2024), Frontline received additional claim documentation from the Insureds’ Public Adjuster which included their estimate of damages. After a review of these materials, Frontline sent correspondence to the Insureds on November 23, 2024, which advised them that they had received materials and that they were continuing to adjust the claim. Specifically, Frontline noted that, “This serves to acknowledge our receipt of your Letter of Representation between our policyholder Brian Botwinski and Melanie Botwinski and Omega Public Adjusting. These documents were submitted and addressed to Frontline Insurance and received on October 18, 2024. This letter also serves to acknowledge receipt of your estimate of damages and photo gallery on November 21, 2024. An adjuster has been assigned to perform a re-inspection of the property. The adjuster will contact you coordinate scheduling. We ask that you attend the re-inspection. 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 8:00 p.m. EST. I can be reached at 972 522-4876. 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 November 26, 2024, Frontline sent the Insureds a Reservation of Rights/Request for Information Letter which advised them that: “We received your claim on October 11, 2024, for damages from Hurricane Milton with a reported date of loss of October 9, 2024. As part of our evaluation, Frontline inspected your property on October 23, 2024. The inspection revealed wind damage to the exterior rear and left elevations of your home and water damage, caused by wind-driven rain, to the interior of multiple rooms. 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 9221306005, with effective dates of August 26, 2024 to August 26, 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. Failure to comply with the following “Duties After Loss” may have jeopardized, or may result in prejudice to, Frontline’s evaluation of this claim: • It is questionable whether you protected the insured property from further damage. • It is questionable whether you have kept an accurate record of the repair expenses. • It is questionable whether you have cooperated with us in our investigation of your claim. • It is questionable whether you have shown us the damaged property and the cause of loss and the condition it was in at the time of loss. • It is questionable whether you have submitted to us, within thirty (30) days after notification • of the loss, your signed, sworn proof of loss. In addition, the following policy exclusions may apply to the loss based on the facts provided to Frontline thus far: • It is questionable whether the loss was caused by repeated seepage or leakage of water or the presence or condensation of humidity, moisture or vapor, that occurs or develops over a period of time, whether hidden or not. • It is questionable whether the loss was caused by wear and tear, marring, deterioration. • It is questionable whether the loss was caused by settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings. • It is questionable whether the loss was caused by fungi, wet or dry rot, yeast or bacteria. 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 insured, however, for loss: a. Excluded under Section I – Exclusions; SECTION I – EXCLUSIONS (5) Repeated seepage or leakage of water or the presence of condensation of humidity, moisture, or vapor, that occurs or develops over a period of 14 or more days, whether hidden or not. (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; (f) Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs, or ceilings; i. “Fungi”, Wet or Dry Rot, Or Bacteria “Fungi”, wet or dry rot, or bacteria, meaning the presence, growth, proliferation, spread or any activity of “fungi”, wet or dry rot or bacteria. 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. 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. As outlined in our letter) dated November 23, 2024, 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. • Inspection: An adjuster has been assigned to perform a re-inspection of the property. Pending scheduling, we ask that you attend the inspection. • Emergency Services Documents: Submit all documents from any mitigation company including but not limited to the signed contract, photos, dry logs, moisture readings, estimate and invoice. • Rebuild Estimates/Invoices: Submit all related estimates, invoices, contracts, Assignments of Benefits, work authorizations, photos and supporting documentation from all repair firms, including but not limited to all related documents from OMEGA Adjusting. • Home Inspection and Sellers’ Disclosure: Provide the pre-purchase home inspection report and seller’s disclosure pertaining to your 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 05 11 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 … 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. 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 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 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 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 8:00 a.m. and 8:00 p.m. I can be reached at 972 522-4876. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” As there were questions about the cause and origin of the damages to the Insureds’ property, Frontline retained the services of a licensed professional engineering firm, US Forensic, to conduct a re inspection of the property. In addition, assigned a second Field Adjuster to re-inspect the property with the Insureds’ Public Adjuster. On December 5, 2024, Frontline sent additional correspondence to the Insureds and their Public Adjuster to provide them with an update on their claim and to request documents from them to assist with the adjustment of the claim: “This serves to acknowledge our receipt of documents submitted and addressed to Frontline. We received your Impact Statement on December 3, 2024. As we continue to evaluate the claim, we look forward to working with you to discuss the facts and circumstances to determine if the policy covers the loss. To assist in our evaluation, we are requesting additional documentation, including but not limited to the following: 1. All photographs, images, statements, text messages, emails, estimates, job quotes, invoices, receipts, and any other documentation regarding this claim you wish us to consider. 2. A list of all contractors, salespersons, or individuals working in the construction trade or in a trade related to the construction trade with whom you have discussed this loss with or who have worked on this loss. 3. A detailed statement of damages claimed from the reported Date of Loss which separates damage that occurred after the reported Date of Loss. 4. A detailed estimate of your anticipated repair expenses. 5. Any documentation in support of your claim you wish us to consider. 6. A completed, fully executed, signed, notarized Sworn Proof of Loss. 7. Mold Protocol and Hygienist Report 8. Loss of Use Documents, Lease Agreement for home you are renting 9. Repair Proposal for Boat Dock 10. Recorded Statement: We are requesting your recorded statement by phone and will contact you to schedule same. Any documentation that you wish to have reviewed by a member of our team for your claim, you may submit it to us through our web portal at www.frontlineinsurance.com >Main Menu>Upload documents to an existing claim. You will need your claim number to submit documents into our system. Please allow at least 24 hours for your documents to be added to our computer system for our review, and a reasonable amount of time for review. 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: … 1. Give immediate notice to us or our agent. a. Any claim 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. 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 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 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 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 or have any additional information you would like to be considered, 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. 2793.” On December 11, 2024, Field Adjuster, Brooke Waldrop of Veteran Catastrophe Services, inspected the property in the presence of the Insureds’ Public Adjuster to inspect the property and document the alleged damages. During that inspection, she 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. After receipt of additional materials from the Insureds’ Public Adjuster, on December 12, 2024, Frontline’s Desk Adjuster sent additional correspondence to the Insureds to advise them about the status of their claim and to request additional materials/information: “This serves to acknowledge our receipt of documents submitted and addressed to Frontline. We received the following documents on December 9, 2024: • Sworn Proof of Loss for $358,783.52 • Omega Adjusting Repair Estimate for $358,783.52 • Omega Adjusting Photos report • Land and Sea Masters Paid Invoice $ 2,000.00 • Land and Sea Masters Boat Lift Invoice $39,000.00 • FSG Mold Protocol Application • Lease Agreement for 1year $6,750.00 per month • Two Men and a Truck moving receipt $2,520.80 • Rightway Restorations receipt $1,000.00 As we continue to evaluate the claim, we look forward to working with you to discuss the facts and circumstances to determine if the policy covers the loss. To assist in our evaluation, we are requesting additional documentation, including but not limited to the following: 1. Any documentation in support of your claim you wish us to consider. 2. Mold Hygienist Report 3. Recorded Statement: We are requesting your recorded statement by phone and will contact you to schedule same. 4. Cancelled checks or proof of payment for rental home 5. Any and all documents pertaining to Rightway Restorations Any documentation that you wish to have reviewed by a member of our team for your claim, you may submit it to us through our web portal at www.frontlineinsurance.com >Main Menu>Upload documents to an existing claim. You will need your claim number to submit documents into our system. Please allow at least 24 hours for your documents to be added to our computer system for our review, and a reasonable amount of time for review. 1. Give immediate notice to us or our agent. a. Any claim or “reopened claim”, as those terms are defined by 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 bared 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: (1) 72 hours after we are notified of the loss; (3) The time of loss inspection by us; or (3) 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 policy 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 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. 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 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 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 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 or have any additional information you would like to be considered, 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. 2793.” On December 19, 2024 (and later on December 27, 2024), Frontline’s licensed professional engineer, Paul J. Heagney, inspected the Plaintiffs’ property. Thereafter, he provided as report which contained the following conclusions: 1) The physical evidence observed at the property indicated that the metal panel roof coverings on the building were not damaged by wind pressures or impact from windborne debris. Furthermore, there were no storm created openings in the roof covering of the building. 2) The physical evidence observed at the property indicated that the cracks in the stucco wall covering were consistent with a combination of longterm drying shrinkage, of temperature and moisture-content-related differential expansion and contraction of the building materials, and/or of differential movement of the building and foundation caused by differential movement of the supporting soils at the site and were not consistent with damage from wind pressures or from windborne debris. 3) The physical evidence observed at the property indicated that the chipped and cracked trim surfaces surrounding the garage doors and the front door of the building were caused by mechanical damage and were not the result of impact from windborne debris. 4) The physical evidence observed at the subject property indicated that the gaps and separations between the exterior faux window shutters was the result of differential settlement of the building and thermal expansion and contraction of the building materials; they were not the result of damage due to wind pressures or impact from windborne debris. 5) The physical evidence observed at the subject property indicated that the windows, window screens, garage doors and doors of the subject building were not damaged due to wind pressures or from impact from windborne debris. Furthermore, the accessible windows, garage doors, and doors of the building were operational at the time of our inspection. 6) The physical evidence observed at the subject property indicated that the gaps at the tops and bottoms of the balcony column escutcheons were the result of weathering, differential movement of the building, and thermal expansion and contraction. Furthermore, the escutcheons were decorative in nature and were not part of the structural load carrying components of the columns. 7) Based upon the physical evidence observed at the subject property, we cannot rule out that the broken pool tiles at the entry to the Jacuzzi section of the pool were caused by wind pressures associated with the passage of Hurricane Milton on October, 9, 2024. The inadequate installation and adhesion of the tile thin-set contributed to the tiles ability to be displaced. 8) The physical evidence observed at the subject property indicated that the missing soffit panel near the northwest corner of the building was displaced by wind pressures and we cannot rule out that this occurred during the passage of Hurricane Milton on October 9, 2024. 9) The physical evidence observed at the property indicated that the distorted portions of the ceiling board above the upper level balcony were the result of long term differential movement of the building, thermal expansion and contraction, and improper installation of the building materials; they were not the result of a 1-time storm event. 10) The physical evidence observed at the property and the information gathered indicated that the gaps and separations between the ceiling boards, wallboards, and crown molding within the various interior spaces was the result of long term differential movement of the building and thermal expansion and contraction of the building materials and were not due to a 1-time storm event. 11) The physical evidence observed at the property and the information gathered indicated that the interior moisture stains on the wallboard surfaces surrounding the lower level windows of the north living room were the result of short term (several hours to several days) exposure to moisture through inadequately sealed and flashed wall and window December 24, 2024 surfaces and we cannot rule out that this occurred during the passage of Hurricane Milton on October 9,2024. 12) The physical evidence observed at the subject property and the information gathered indicated that the moisture stained and distorted ceiling covering above the upper level north living room, the moisture marks on the wallboard at the east end of the central living room, and the discolored ceiling covering at the south edge of the central living room was the result of short term (several hours to several days) exposure to moisture through inadequately sealed portions of the roof covering and gable end louvers above and we cannot rule out that this occurred during the passage of Hurricane Milton on October 9, 2024. The darkly discolored moisture stains on the framing surrounding the louvers at the north and east gable ends and on the roof sheathing above the upper level north living room were consistent with prolonged (several weeks to several months) exposure to moisture. 13) The physical evidence observed at the subject property indicated that the moisture stained ceiling board surface within the upper level southwest bedroom closet was the result of prolonged (several weeks to several months) moisture and was not due to a single wetting event. Furthermore, due to the inaccessibility of the attic space above the location we cannot rule out that the moisture stain was caused by a prolonged roof leak through inadequately sealed portions of the roof covering above. 14) The physical evidence observed at the property indicated that the interior moisture stains on the ceiling board surfaces within the upper-level hallway, upper level south bathroom, the lower level office, the master bedroom closet, the upper level west bedroom and closet, the foyer, the kitchen, the butler room, and the lower level north living room were the result of prolonged (several weeks to several month) exposure to moisture from condensation-related issues of the HVAC ductwork and leaks at the plumbing lines within the attic space and interstitial space between levels; they were not the result of a 1-time storm event. 15) The physical evidence observed at the subject property indicated that the moisture stained and distorted portions of the ceiling board finishes above the back patio was the result of prolonged (several weeks to several months) exposure to moisture through inadequately sealed and flashed portions of the metal roof covering adjacent to the upper level balcony, and inadequately sealed portions of the modified bitumen surface beneath the floor covering of the upper level balcony; they were not the result of a 1-time storm event. 16) Due to the removal of various portions of the floor coverings, kitchen cabinets, wallboards surrounding the windows within the upper level west bedroom, and the wall boards within the upper level north bedroom, prior to the date of our initial inspection and the limited photographs of these areas provided within the Frontline Insurance Photo Sheet and the Omega Adjusting Photo Sheet documents, we are unable to comment on the condition of those components prior to their removal or what necessitated their removal. After receipt of the Insureds’ Sworn Proof of Loss, Frontline’s Desk Adjuster sent as response letter on December 24, 2024, which advised the Insureds that, “We acknowledge receipt of your Sworn Statement in Proof of Loss (“Proof of Loss”) on December 9, 2024. 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 321-293-1029 ext 2793. If I am not available when you call, please leave me a detailed message, and I will return your call as soon as possible.” Later that day (on December 24, 2024), Frontline’s Adjuster sent additional correspondence to the Insureds to advise them of the status of their claim and to request additional materials: “This serves to acknowledge our receipt of documents submitted and addressed to Frontline. We received the following documents on December 12, 2024: • Weather Guidance Report • Omega FA Reinspection Photo Report • Omega Filed Inspection Memorialization Letter As we continue to evaluate the claim, we look forward to working with you to discuss the facts and circumstances to determine if the policy covers the loss. To assist in our evaluation, we are requesting additional documentation, including but not limited to the following: 1. Any documentation in support of your claim you wish us to consider. 2. Mold Hygienist Report 3. Recorded Statement: We are requesting your recorded statement by phone and will contact you to schedule same. 4. Cancelled checks or proof of payment for rental home 5. Any and all documents pertaining to Rightway Restorations Any documentation that you wish to have reviewed by a member of our team for your claim, you may submit it to us through our web portal at www.frontlineinsurance.com >Main Menu>Upload documents to an existing claim. You will need your claim number to submit documents into our system. Please allow at least 24 hours for your documents to be added to our computer system for our review, and a reasonable amount of time for review. … 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: … 1. Give immediate notice to us or our agent. a. Any claim 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. 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 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 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 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 or have any additional information you would like to be considered, 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. 2793.” After receipt of further documentation from the Insureds’ Public Adjuster, on December 31, 2024, Frontline’s Desk Adjuster sent additional correspondence which advised the Insureds that: “Frontline is sending this letter to provide you with a timely update about the status of your claim and our continued evaluation. We are currently pending the report from the engineer and from the field adjuster. Please be advised by evaluating your claim and sending this letter, Frontline has neither waived nor intends to waive any legal or policy terms, conditions, rights, provisions or requirements. Likewise, your receipt of this letter and your cooperation with our investigation does not waive any of your rights or obligations under the policy. 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. 2793.” After reviewing the Engineer’s Report and speaking to him about his findings, Frontline’s Desk Adjuster sent correspondence on January 13, 2025 which advised the Insureds and their Public Adjuster that: “This serves to acknowledge our receipt of documents submitted and addressed to Frontline. We received your status update letter on January 3, 2025, and on January 6, 2025. As we continue to evaluate the claim, we look forward to working with you to discuss the facts and circumstances to determine if the policy covers the loss. To assist in our evaluation, we are requesting additional documentation, including but not limited to the following: 1. Any documentation in support of your claim you wish us to consider. 2. Mold Hygienist Report 3. Estimate for the windows and doors totaling $147,000.00. 4. Recorded Statement: We are requesting your recorded statement by phone and will contact you to schedule same. 5. Cancelled checks or proof of payment for rental home Any documentation that you wish to have reviewed by a member of our team for your claim, you may submit it to us through our web portal at www.frontlineinsurance.com >Main Menu>Upload documents to an existing claim. You will need your claim number to submit documents into our system. Please allow at least 24 hours for your documents to be added to our computer system for our review, and a reasonable amount of time for review. 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 by 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 bared 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: (1) 72 hours after we are notified of the loss; (3) The time of loss inspection by us; or (3) 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 policy 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 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. 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 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 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 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 or have any additional information you would like to be considered, please feel free to contact me Monday through Friday between the hours of 8:00a.m. and 5:00 p.m. EST. I can be reached at (877) 744-5224 ext. 2793.” After receipt of further documentation from the Insureds’ Public Adjuster, Frontline sent correspondence which advised the Insureds of the following on January 30, 2025: “This serves to acknowledge our receipt of documents submitted and addressed to Frontline. We received the following documents • Status update letter dated January 15, 2025. • Security Deposit Receipt • Keller Williams Tenant Processing Fee Receipt • December Rent Payment Receipt • South Shore Electrical Invoice and Receipt • January Rent Payment Receipt • FHIA Window and Door Estimate As we continue to evaluate the claim, we look forward to working with you to discuss the facts and circumstances to determine if the policy covers the loss. To assist in our evaluation, we are requesting additional documentation, including but not limited to the following: 1. Any documentation in support of your claim you wish us to consider. 2. Mold Testing Report Any documentation that you wish to have reviewed by a member of our team for your claim, you may submit it to us through our web portal at www.frontlineinsurance.com >Main Menu>Upload documents to an existing claim. You will need your claim number to submit documents into our system. Please allow at least 24 hours for your documents to be added to our computer system for our review, and a reasonable amount of time for review. 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: … 1. Give immediate notice to us or our agent. a. Any claim or “reopened claim”, as those terms are defined by 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 bared 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: (1) 72 hours after we are notified of the loss; (3) The time of loss inspection by us; or (3) 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 policy 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 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. 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 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 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 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 or have any additional information you would like to be considered, 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. 2793.” On January 30, 2025, Frontline’s Desk Adjuster took a detailed recorded statement of the Insured, Melanie Botwinski. During that recorded statement they discussed: • A timeline of events regarding the subject claim. • A summary of the damages to the property. • The Insureds move out of the home. • Photographs of the property taken by the Insureds; and • The status of the adjustment of the claim. After a review of all materials received by the Insureds, on February 21, 2025, Frontline’s Desk Adjuster sent further correspondence to them advising them about the status of their claim and need for further information which advised: “We received your claim on October 11, 2024, for damages from Hurricane Milton with a reported date of loss of October 9, 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 to include the Ring Video noted during the recorded interview. • Emergency Services Documents: Submit all documents from the (name of mitigation company) including but not limited to the signed contract, photos, dry logs, moisture readings, estimate and invoice. All Photos from Rightway showing mold and prior to the walls being removed. Any documentation that you wish to have reviewed by a member of our team for your claim, you may submit it to us through our web portal at www.frontlineinsurance.com >Main Menu>Upload documents to an existing claim. You will need your claim number to submit documents into our system. Please allow at least 24 hours for your documents to be added to our computer system for our review, and a reasonable amount of time for review. 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 - 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. 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 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 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 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 or have any additional information you would like to be considered, 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. 2793.” On February 28, 2025, Frontline received the instant Civil Remedy Notice. On March 4, 2025, Frontline received the Insureds’ demand for appraisal for the instant claim. In response to same, Frontline consented to go to appraisal and began the appraisal process which continues to this day (on April 25, 2025, the appraisal panel inspected the Insureds’ property). Nature of the Complainants’ Civil Remedy Complaint In the Civil Remedy Notice, the Complainant alleges 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 Insured and with due regard for her or his interests. Section 624.155(1)(b)(2) – Making claims payments to insureds or beneficiaries not accompanies by a statement setting forth the coverage under which payments are being made. 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)(h) – Failing to clearly explain the nature of the requested information and the reasons why such information is necessary The Complainant also lists Claim Denial, Claim Delay, Unsatisfactory Settlement Offer, and Unfair Trade Practice as reasons for the filing of this Civil Remedy Notice. First, Frontline wholly rejects and denies the aforementioned allegations and reasons for the filing of this Civil Remedy Notice. 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, numerous requests for information were sent, Frontline came to a coverage decision, and is still in the process of appraisal for this claim. Specifically, first, Frontline asserts that it did act in good faith, fairly, and honestly towards the Insured by taking all necessary steps to decide coverage all while keeping in constant communication with the Insureds and their representatives. Second, 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 multiple Field Adjusters and an Engineer to inspect the property in person, requesting paper documents for Desk Adjusters to evaluate, requesting a Sworn Proof of Loss, taking a Recorded Statement, and keeping in communication with the Insureds and their representatives throughout the adjustment of the claim. Third, Frontline asserts that it has made no misrepresentations on any facts or Policy provisions in its adjustment of this claim. In fact, Frontline’s communications with the Insured often include language directly taken from the Policy. Fourth, Frontline asserts that it always acted promptly, never more than a few days, and often following up with the Insureds when they did not respond promptly to Frontline’s communications. Fifth, Frontline sent written communications to the Insureds explaining its basis for the coverage decision for this claim, while using direct policy language, and thus, did not violate section 626.9541(1)(i)(3)(f). Finally, Frontline did, on numerous occasions, promptly and timely request additional information needed from the Insureds. Moreover, the Notice is deficient in the following aspects: • Section 624.155(3)(b)(2), Florida Statutes, requires that the Civil Remedy Notice state with specificity the facts and circumstances giving rise to the violation. The Purported Notice does not supply facts or circumstances that explain the allegations. Rather, it includes false allegations, incorrect facts, and fails to explain how the purported facts constitute violations of Florida law. Thus, the Purported Notice is invalid for noncompliance with section 624.155(3)(b)(2), Florida Statutes. • Section 624.155(3)(b)(4), Florida Statutes, requires the Civil Remedy Notice to reference specific policy language that is relevant to the violation, if any. If the person bringing the civil action is a third-party claimant, she or he shall not be required to reference the specific policy language if the authorized insurer has not provided a copy of the policy to the third-party claimant pursuant to written request. The Complainants are not a third-party claimant; therefore, the Purported Notice must include specific language from the subject policy that is relevant to the alleged violations. It does not. Thus, the Purported Notice is invalid for noncompliance with section 624.155(3)(b)(4), Florida Statutes. 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): “Insurer can cure these violations by attempting to settle the claim in good faith and issuing payment for the remaining contractual damages owed. As Insurer is aware, issuing payment for contractual damages owed will preclude recovery of extra-contractual damages already incurred, and that will be incurred, and the contractual damages should immediately be paid and be paid within 60 days from the date of this notice. Due to applicable Florida Statutes, and the insurance policy's payment provisions, the payment issued should also include interest. If insurer contends there is somehow more information needed that was not already provided, it should immediately advise the Insureds' attorney what information is needed/” Frontline would respond as follows: 1) The Complainants have not listed any specific amount that can be paid for indemnity or interest. Moreover, the parties are actively involved in appraisal and Frontline will pay any applicable appraisal award, when appropriate. This is further an improper cure remedy because, even if there were covered damages, it is based on an estimate and is not a reflection of actual costs owed by Frontline, if any. Moreover, an exact amount has not been listed, making this request virtually impossible to cure at this time. Finally, and importantly, this Civil Remedy Notice fails on its face because it fails to describe specific facts and circumstances giving rise to Frontline’s violation, if any. Instead, the Civil Remedy Notice merely conclusively asserts that the Insureds are entitled to the full amount of an estimate, without stating why that amount is accurate or covered by the Policy. The Civil Remedy Notice is additionally unsatisfactory because no policy provision is listed to have been breached. 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 multiple times, letters requesting documentation and information were sent, a Recorded Statement of the Insured was taken, and Frontline has agreed to continue the adjustment of the claim via the appraisal process. 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. 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. Sincerely, Brian Kelley Brian Kelley, 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.

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DFS-10-363
Rev. 10/14/2008