Filing Number: 810225
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| Filing Accepted: 3/9/2025 |
| Last/Business Name
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DARROW
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First Name |
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RUTH ANN |
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| Street Address
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5501 3RD AVE PLAZA W |
| City, State Zip
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BRADENTON,
FL
34209
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| Email Address
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N/A |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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DARROW |
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First Name |
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RUTH ANN |
| Policy # * |
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SJ31165317 |
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Claim #* |
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202410008173 |
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Attorney is Applicable
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| Last Name* |
ELIMELECH
First Name *
REBECCA
Initial
R
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| Street Address* |
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1500 N.E. 162ND ST. |
| City, State Zip* |
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MIAMI
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FLORIDA
33162
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| Email Address * |
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RELIMELECH@ILGPA.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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SLIDE 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 17227 |
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| Name of individual responsible for violation (if any):*
N/A
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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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Claim Delay
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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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)(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.
SECTION I – PROPERTY COVERAGES
A. Coverage A – Dwelling
1. We cover:
a. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling; and
b. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises".
B. Coverage B – Other Structures
1. We cover other structures on the "residence premises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection.
C. Coverage C – Personal Property
1. Covered Property
We cover personal property owned or used by an “insured” while it is anywhere in the world. After a loss and at your request, we will cover personal property owned by:
a. Others while the property is on the part of the “residence premises” occupied by an “insured”; or
b. A guest or a “residence employee”, while the property is in any residence occupied by an “insured”.
SECTION I – PERILS INSURED AGAINST
A. Coverage A – Dwelling and Coverage B – Other Structures
1. We insure against risk of direct physical loss to property described in Coverages A and B.
B. Coverage C – Personal Property
We insure for direct physical loss to the property described in Coverage C caused by any of the following perils unless the loss is excluded in Section I – Exclusions.
2. Windstorm or Hail.
This peril includes loss to watercraft of all types and their trailers, furnishings, equipment, and outboard engines or motors, only while inside a fully enclosed building.
This peril does not include loss to the property contained in a building caused by rain, snow,
sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening.
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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.
Ruth Ann Darrow (hereinafter the “Insured”), paid for a policy of insurance with Slide Insurance Company (hereinafter, “Insurer”) bearing policy number SJ31165317 (the “Policy”). The Policy provides coverage for damage to the Insured’s property located at 5501 3rd Ave Plaza West, Bradenton, Florida 34209 (the “Property”), including the significant damage that occurred as a result of Hurricane Milton on or about October 9, 2024 (the “loss”). Specifically, the Insured’s Property sustained substantial wind damage to the metal roof, interior, exterior of the home and personal property. The neighbor’s tree fell on the roof over the garage, which punctured holes in the metal roof, causing a storm-created opening and allowing water to enter through the roof. Water from wind driven rain ripped the metal roof apart. There are water stains on the ceilings. The flooring and ceiling need to be replaced. The vinyl siding is ripped to pieces in front of the house. The shutters are gone. The gutters are damaged. The fence is completely gone. The front bedroom and the front of the house are completely damaged. The Insured has content damage, lost food and incurred additional living expenses. The content damage includes but is not limited to mattresses, box springs and couches.
The Insured promptly reported their claim to the Insurer. On October 27, 2024, the Insurer sent a letter to the Insured advising that the damages to the Property totaled $13,753.29. Specifically, the Insurer’s estimate shows that dwelling damages are $12,419.61, other structures damages are $1,038.37, and contents damages are $295.31. The Insured subsequently contacted the Interstate Public Adjusters LLC, who conducted a thorough inspection of the property and compiled an estimate of damages. Interstate Public Adjusters LLC, on behalf of the Insured, forwarded said estimate which fully detailed the Insured’s damages and total $183,977.83. However, the Insurer refuses to resolve the Insured’s claim and pay for all damages to the Property.
The Insurer’s conduct is in bad faith and violates Florida’s statutes concerning the adjustment of insurance claims. First, Florida Statute § 624.155(1)(B)(1) requires good faith in the settlement of claims. The Insurer is in violation of this Statute for failing to provide a reasonable repair estimate. The underpayment has left the Insured unable to start repairs to the house. What is more, the Insurer violated Florida Statute § 624.155(1)(b)(3) by failing to promptly settle the claim, when the obligation to settle the claim became reasonably clear. Again, the Insurer failed to make a good faith offer to settle this claim and failed to account for the full scope of the damages. They failed to respond to the estimate provided by Interstate Public Adjusters LLC, on the Insured’s behalf, in a timely manner. They are obligated to provide coverage for all damages to the Insured’s Property, and not attempt to resolve this claim with lowball offers.
Additionally, the Insurer’s conduct violates Florida Statute § 626.9541, which prohibits unfair settlement practices. More specifically, the Insurer has violated Florida Statute § 626.9541(1)(i)(3)(a) by failing to adopt and implement standards for the proper investigation of claims. Around two days after the hurricane, the Insurer inspected the property for about 20 minutes. The Insurer failed to properly investigate the claim as they substantially underpaid for the damages. Moreover, the Insurer violated Florida Statute § 626.9541(1)(i)(3)(b) by misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. On February 20, 2025, a roofing company contacted the Insured, claiming they had been sent by the Insurer to inspect the roof. The roofing company informed the Insured that, in order for the inspection to proceed, the Insured would need to sign a document. Upon reviewing the document, Interstate Public Adjusters LLC discovered it was a direction to pay contract for a full roof replacement. This direction to pay contract was essentially an attempt to mislead the Insured into signing an agreement that obligated her to pay for the roof if the Insurer did not.
This roofing company attempted to deceive the Insured, who is a disabled elderly woman who lives alone, by falsely claiming that signing the document was necessary for her claim to be settled. Interstate Public Adjusters LLC immediately contacted the desk adjuster, who confirmed that the Insurer did indeed send this roofing company to inspect the roof. This situation is a clear case of bad faith handling. The Insurer’s failure to communicate, combined with this exploitative roofing company’s actions, is unacceptable. Further, the Insurer has violated Florida Statute § 626.9541(1)(i)(3)(c) by failing to acknowledge and act promptly with the Insured and its counsel. Interstate Public Adjusters LLC, on behalf of the Insured, submitted the estimate and proof of loss, after which the Insurer requested additional photos. On January 12, 2025, the Insured provided the requested photos, but since then, the Insurer has stopped responding to the Insured’s emails. The Insurer has neither accepted nor rejected the Insured’s proof of loss. As mentioned above, the Insurer failed to account for the full scope of the damages and has additionally failed to respond to the estimate provided by Interstate Public Adjusters LLC, on the Insured’s behalf, in a timely manner, delaying the resolution of this claim. Had the Insurer done so, it would have immediately settled this claim on a fair and reasonable basis and provided full coverage to its Insured.
The Insurer violated Florida Statute § 626.9541(1)(i)(3)(g) by failing to promptly notify the Insured of any additional information necessary for the processing of a claim. The Insured reported her claim on October 10, 2024. However, the Insurer sent a letter requesting documentation from the Insured on March 7, 2025. Also, the Insurer violated Florida Statute § 626.9541(1)(i)(3)(h) by failing to clearly explain the nature of the requested information and the reasons why such information is necessary. In the Insurer’s letter dated March 7, 2025, the Insurer requested documentation without explaining the necessity for such information.
Therefore, to cure the defects outlined in this Civil Remedy Notice, the Insurer must: (1) create and implement adequate guidelines for the proper investigation and evaluation of claims and for the training and supervision of employees, which will avoid future statutory violations and avoid this from occurring in the future; (2) immediately tender all insurance proceeds due and owing its Insured under the Policy in the amount of $183,977.83 (less the deductible and any prior payments), plus all statutory interest; (3) act fairly and honestly towards its Insured and with due regard for her interests in attempting to settle their Insured’s claim; (4) hold the claim open in the event that its errors and delay does or may cause the Insured to suffer either further loss and/or damage; and, (5) stipulate to the Insured’s entitlement to attorney’s fees and court costs pursuant to Florida Statutes §§ 627.428 and 626.9373.
Acknowledgment
This notice is given in order to perfect the right to pursue the civil remedy authorized by Florida Statutes section 624.155, should Slide Insurance Company fail to cure the violations set forth in this Civil Remedy Notice within the given cure period.
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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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