Civil Remedy Notice of Insurer Violations
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Filing Number:     810260
Filing Accepted:  3/10/2025
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Complainant
Last/Business Name *  
GITTENS   First Name   CHRIS
Street Address * 4970 POINTE CIRCLE
City, State Zip * OLDSMAR, FL 34677
Email Address * CGITTENS@TAMPABAY.RR.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   REGATTA BEACH CLUB CONDOMINIUM ASSOCIATION   First Name  
Policy # * 049-LB-104433414 Claim #* 213-DON-T0708344-RG
Attorney
Attorney is Applicable
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
NAIC Company Code 31194
 
Name of individual responsible for violation (if any):* UKNOWN
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Unfair Trade Practice
* 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

unknown
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

In 2010, Travelers Insurance company, through the attorney which it hired to represent its insured, entered Regatta Beach Club Condominium into a settlement agreement with Bric Mcmann Industries. The settlement was for the purpose of settling a dispute regarding the rights of the commercial unit owners within the Condominium Association. Regatta Beach Club Condominium was forced into accepting the settlement agreement under threat by the insurance company to pull coverage under the terms of the policy. The settlement agreement contained both monetary and non-monetary concessions. Immediately after the settlement agreement, a dispute ensued regarding the non-monetary provisions of the settlement as many provisions were alleged to be in violation of Florida law Chapter 718, and the Declarations of the Condominium. 15 years has elapsed since the settlement agreement. During this time, the attorneys hired by the insurance company have devoured the policy while failing to adequately represent the interests of Regatta Beach Club Condominium Association inc. and its members. There have been two appeals in this case including an appeal where oral arguments were heard by the appellate court on 2/15/23 where the appellate court awarded Bric Mcmann the ability to seek punitive damages against Regatta Beach Club Condominium Association. In this hearing the chief Justice of the appellate court described the settlement agreement of 2010 as “Bad Faith” On January 15th, 2025, Travelers Insurance company notified Regatta Beach Club Condominium that the policy limits were close to being reached, and the case was being scheduled for trial within the next year and stated that Travelers Insurance Company had no further obligations in the matter other than the remaining funds on the policy of $97,000. The Bad Faith actions and negligence by Travelers Insurance Company and the lawyers it hired has placed the complainant Gittens(as a member of Regatta Beach Club Condominium inc.) in harm’s way facing potential liability from a judgment from the situation caused by Travelers (and its lawyers). Travelers could have prevented this situation had it acted fairly towards its insured in 2010 and resolved the underlying issues in good faith 15 years ago. The complainant now files this civil remedy notice to protect his rights and comply with the statutory prerequisites before taking legal action against Travelers insurance for Bad Faith within the lawsuit related to this complaint by adding Travelers as a 3rd party Defendant (if allowed by leave of court), or in a separate action to recover damages at the conclusion of the trial pursuant to Chapter 624.155 Florida Statutes.
Comments
User Id Date Added Comment
cgittens@tampabay.rr.com 05-08-2025 Hearing held on May 8, 2025 in related lawsuit where complainant motioned to intervene and stated purpose was to add Travelers insurance and a 3rd party Defendant. Court was reluctant to add complexity to the case and the motion was denied by the court and judge stated that the complainant has other avenues to pursue damages(if any) against Travelers insurance and indicating complainant Gittens can pursue a direct claim against Travelers should its conduct lead to damages.
macunnin@travelers.com 04-09-2025 Travelers Casualty and Surety Company of America (“Travelers”) denies that is has breached its obligations under the Policy referenced in this notice. Travelers provided a defense to its insureds in the underlying litigation concerning the terms of the settlement agreement entered into in 2010. Please note, Travelers was not a party to the settlement agreement. Travelers has continued to honor its obligations to its insured and provided a defense as required by the Policy. In January 2025, Travelers notified its insured that the Policy was nearing exhaustion in order to give it ample time to retain counsel. There is no merit to the Claimant’s allegations that Travelers acted unfairly or that it could have prevented this “situation” had it resolved the lawsuit differently 15 years ago. The lawsuit was resolved and Travelers paid its agreed upon portion of the settlement. The dispute which led to 15 more years of litigation occurred after the settlement was executed and effectuated and there is no allegation that Travelers caused secondary dispute. Finally, the Claimant does not request Travelers take any present action, noting instead that he has filed this Civil Remedy notice “to protect his rights and comply with the statutory prerequisites before taking legal action against Travelers insurance for Bad Faith . . . pursuant to Chapter 624.155 Florida Statutes.” Travelers again denies that it has engaged in bad faith or breached any obligation owed to its insured.
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