Filing Number: 810214
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| Filing Accepted: 3/9/2025 |
| Last/Business Name
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| Street Address
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1810 FL 436 #132 |
| City, State Zip
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WINTER PARK,
FL
32792
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| Email Address
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FAHEEMZ@YAHOO.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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CUE-PHORIA |
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First Name |
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| Policy # * |
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OSU1004986-02 |
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Claim #* |
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TRI1013139 |
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Attorney is Applicable
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| Last Name* |
STEWART
First Name *
BRANDON
Initial
J
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| Street Address* |
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P.O. BOX 947844 |
| City, State Zip* |
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MAITLAND
,
FL
32794
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| Email Address * |
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BRANDON@STEWARTLEGALTEAM.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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TRISURA SPECIALTY 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 16188 |
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| Name of individual responsible for violation (if any):*
SCOTT WHITE
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| Type of Insurance
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Commercial Property & Casualty
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| Reason for Notice
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Claim Denial
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Claim Delay
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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Other
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• Misrepresentation of coverage
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Other
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• Unjustified refusal to indemnify the insured
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Other
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• Intentional delay tactics
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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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| 626.9541(1)(i)(3)(f) |
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Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
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| 626.9541(1)(i)(3)(g) |
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Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
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| 626.9541(1)(i)(3)(h) |
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Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
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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.
• Damages to Premises Rented to You Limit (Any One Premises): $100,000
LOCATION OF PREMISES SCHEDULE
Location of All Premises You Own, Rent or Occupy:
Loc.
No. Street City St Zip
1 1810 Florida 436 Winter Park FL 32792
PREMIUM SCHEDULE
Loc.
No.
Description of
Hazards Code No.
Premium
Basis Premises/Ops
Rate
Products/Ops Exposure
1 Restaurantsalcohol
30% to
74% of receiptsw/
o dance floor
16916 sales 4.6890 0.3530 160,000
1 Liquor Liability -
Billiards/Pool
Hall/Bowling
58162 sales 23.5180 Included 100,000
1 Billiard or Pool
Halls
10160 sales 10.1230 Included 225,000
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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.
CIVIL REMEDY NOTICE OF INSURER VIOLATION
PURSUANT TO SECTION 624.155, FLORIDA STATUTES
Complainant: Cue-Phoria
Insurer: Trisura Specialty Insurance Company
Claim Number: TRI1013139
Policy Number: OSU1004986-02
Date of Loss: February 15, 2025
Filed Against: Trisura Specialty Insurance Company
________________________________________
NOTICE TO INSURER AND STATEMENT OF VIOLATIONS
To:
Trisura Specialty Insurance Company
Attn: Scott White
1701 Golf Road, Suite 1001 Tower 3
Rolling Meadows, IL 60008
Email: swhite@origin-specialty.com
Sent via FLDFS Portal
Pursuant to § 624.155, Fla. Stat., and all other applicable laws, please accept this Civil Remedy Notice of Insurer Violation ("CRN") filed on behalf of Cue-Phoria, against Trisura Specialty Insurance Company ("Trisura" or "Insurer") due to its egregious, deliberate, and bad faith denial of coverage for a property damage claim that is explicitly covered under the applicable insurance policy.
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FACTUAL BACKGROUND
On February 15, 2025, the insured premises located at 1810 FL 436 #132, Winter Park, FL 32792 suffered catastrophic fire damage due to the ignition of halogen lights installed at the location. The property was insured under Commercial General Liability Policy No. OSU1004986-02, issued by Trisura Specialty Insurance Company, which explicitly provides coverage for fire-related damages.
Despite unambiguous policy language and clear contractual obligations, Trisura has willfully and in bad faith denied the claim, falsely asserting that it does not insure the premises, even though the Declarations Page and Location and Hazard Schedule explicitly identify Cue-Phoria as the named insured with coverage applicable to the insured premises.
The policy explicitly provides:
• Damages to Premises Rented to You Limit (Any One Premises): $100,000
Trisura’s conduct amounts to bad faith insurance practices, characterized by:
• Misrepresentation of coverage despite clear policy documentation.
• Failure to conduct a reasonable and good faith investigation.
• Intentional delay tactics to avoid contractual obligations.
• Unjustified refusal to indemnify the insured, exposing Cue-Phoria to severe financial hardship.
These actions demonstrate an intentional and systemic pattern of misconduct in violation of Florida insurance laws.
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STATUTORY VIOLATIONS
Trisura has engaged in multiple statutory violations under Florida law, including but not limited to:
1. § 624.155(1)(b)(1), Fla. Stat. – Failing to attempt, 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 the insured and with due regard for their interests.
2. § 624.155(1)(b)(3), Fla. Stat. – Failing to promptly settle claims when the obligation to settle a claim has become reasonably clear.
3. § 626.9541(1)(i)(3)(a), Fla. Stat. – Failing to adopt and implement standards for the proper investigation of claims.
4. § 626.9541(1)(i)(3)(b), Fla. Stat. – Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
5. § 626.9541(1)(i)(3)(c), Fla. Stat. – Failing to acknowledge and act promptly upon communications with respect to claims.
6. § 626.9541(1)(i)(3)(d), Fla. Stat. – Denying claims without conducting reasonable investigations based upon available information.
7. § 626.9541(1)(i)(3)(f), Fla. Stat. – Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim.
8. § 626.9541(1)(i)(3)(g), Fla. Stat. – Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
9. § 626.9541(1)(i)(3)(h), Fla. Stat. – Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
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CURE DEMAND
To cure these violations and avoid further legal action, Trisura must:
1. Tender the full policy limits of $100,000 for the fire damage sustained.
2. Provide a written explanation for its wrongful denial and acknowledge the misrepresentations made regarding coverage.
3. Implement appropriate procedures and guidelines to ensure future compliance with Florida law regarding good faith claims handling.
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CONSEQUENCES OF NON-COMPLIANCE
If Trisura fails to cure the violations listed within sixty (60) days from the receipt of this notice, Cue-Phoria will pursue all available legal remedies, including but not limited to:
• A lawsuit for bad faith damages under § 624.155, Fla. Stat.
• Punitive damages for willful and reckless misconduct.
• Attorney’s fees, costs, and pre- and post-judgment interest.
Trisura’s continued misconduct may result in exposure far beyond the policy limits, including significant financial penalties, reputational harm, and regulatory consequences.
This Civil Remedy Notice serves as a final warning before legal action is escalated. Trisura is hereby strongly urged to reconsider its bad faith position, rectify its misconduct, and fulfill its contractual obligations immediately.
________________________________________
Sincerely,
STEWART LEGAL, PLLC
Attorney for Defendant
P.O. Box 947844
Maitland, FL 32794
Telephone: (321) 248-4889
Facsimile: (321) 398-0072
E-service: Brandon@StewartLegalTeam.com
/s/ Brandon J. Stewart, Esq.
Florida Bar No.: 121114
Email: brandon@stewartlegalteam.com
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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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