Filing Number: 809207
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| Filing Accepted: 3/3/2025 |
| Last/Business Name
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BERNARDINI
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First Name |
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ATHENA |
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| Street Address
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5505 SPANISH RIVER RD |
| City, State Zip
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FORT PIERCE,
FL
34951
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| Email Address
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ATHENA.BERMADINI@GMAIL.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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BERNARDINI |
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First Name |
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ATHENA |
| Policy # * |
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709030 |
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Claim #* |
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12952 |
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Attorney is Applicable
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| Last Name* |
ALTMAN
First Name *
ALEXIS
Initial
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| Street Address* |
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925 SOUTH FEDERAL HIGHWAY, 7TH FLOOR |
| City, State Zip* |
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BOCA RATON
,
FL
33432
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| Email Address * |
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AALTMAN@KPATTORNEY.COM |
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| Insurer Type
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 Authorized Insurer
 Unauthorized Insurer
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| Insurer Name |
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| Insurer Name* |
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VYRD INSURANCE COMPANY
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| Insurer Name* |
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| Street Address* |
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| City, State Zip* |
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,
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NAIC Company Code 17153 |
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| Name of individual responsible for violation (if any):*
A.J SHIKELY
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| Type of Insurance
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Residential Property & Casualty
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| Reason for Notice
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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Claim Delay
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Statutory provision(s) which the insurer allegedly violated.
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| 624.155(1)(b)(1) |
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Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
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| 624.155(1)(b)(3) |
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Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
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| 626.9541(1)(i)(3)(a) |
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Failing to adopt and implement standards for the proper investigation of claims.
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| 626.9541(1)(i)(3)(b) |
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Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
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| 626.9541(1)(i)(3)(c) |
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Failing to acknowledge and act promptly upon communications with respect to claims.
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| 626.9541(1)(i)(3)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
loss settlement provision
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Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
Vyrd Insurance Company Vyrd Underwriters (“Carrier”) has not attempted in good faith to settle the insured’s claim when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for their interests. The carrier is required to properly investigate and adjust claims and cannot place that burden upon the insured. In fact, the carrier has intentionally under-valued the scope the insured’s claim in an effort to maximize its profits, thereby preventing the insured from being able to restore their home to its pre-loss conditions. The carrier has engaged in these actions, despite the clear and unequivocal burden discussed in Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005), wherein the Florida Supreme Court held, “The Legislature has clearly chosen to impose on the insurance companies a duty to use good faith and fair dealing in processing and litigating the claims of their insureds.”
This claim arises from the devastation caused by a tornado that occurred during Hurricane Milton that ripped through Florida. The insured ATHENA BERNARDINI property fell victim to this storm and her home and life has been in shambles ever since. She called her insurance company to report the damages. A field adjuster went to the home and wrote up a very deficient estimate in the amount $56,624.52. The insured knew that this was nowhere near what was needed to bring the home back to its pre-loss condition. The insured was devastated and hired the assistance of a public adjuster who provided Slide with an accurate and comprehensive estimate of damages in the amount of $118,891.37.
Pursuant to Florida Statute §624.155(1)(b)(1), VYRD has failed to settle the claim in good faith when it could and should have done so. The Insured immediately reported the Loss and the Property was presented for inspection. The damage to the Insured’s property was clearly caused by a covered peril under the Policy and was clearly extensively damaged, but the carrier has not shown a good faith intention to pay what was owed under the policy. Instead the carrier has low balled the claim in hopes that the insured will sign a release and be unable to bring their home back to pre-loss condition.
Florida law mandates that insurers and adjusters do not mislead the Insured. Florida Insurance companies that fail to follow these Florida laws and regulations, designed to protect consumers, do not only breach their duties under the policy of insurance but do so in bad faith. In violation of Florida Statute §626.9541(1)(i)(3)(b), the carrier intentionally misrepresented the available coverage under the policy by not providing full coverage and instead providing a low ball offer contingent on a release. Slide continues to mislead its insureds all for its own financial incentives.
Pursuant to Florida Statute 626.9541(1)(i)(3)(a) the carrier has Failed to adopt and implement standards for the proper investigation of claims, as the estimate is extremely deficient and improperly scoped.
All the aforementioned are part of what appears to be an ongoing pattern and practice of behavior of the carrier that it demonstrates a wanton and reckless disregard for the insureds’ rights and a pattern and practice of bad faith claims practices to its insureds across the state of Florida. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must:
1.) Pay the indemnity portion in the amount of $118,891.37 minus any applicable deductibles or prior payments;
2.) Pay all emergency services retained by the insureds;
3.) Pay all loss of use;
4.) Pay the statutory interest on the amount of unpaid damages from the date of loss to the date payment is finally made.
Please do not hesitate to contact the undersigned (561)-892-9988 if you have any questions or concerns.
Sincerely,
Alexis Altman
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The submitter hereby states that this notice is given in order to perfect the rights of the
person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes.
Before submitting a Notice using this system, please verify that all text has been entered
correctly and completely. Once the Notice has been submitted, the text cannot be changed
or deleted.
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DFS-10-363
Rev. 10/14/2008
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