Civil Remedy Notice of Insurer Violations
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Filing Number:     810631
Filing Accepted:  3/11/2025
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Complainant
Last/Business Name *  
BOER   First Name   KATHRYN
Street Address * 4820 CHRISTENSEN RD
City, State Zip * FORT PIERCE, FL 34981
Email Address * KBOER@TCRPC.ORG
Complainant Type: * Insured
Insured
Last/Business Name*   BOER   First Name   KATHRYN
Policy # * SIC3072269 Claim #* 202410012602
Attorney
Attorney is Applicable
Last Name* ALTMAN First Name * ALEXIS Initial
Street Address* 925 SOUTH FEDERAL HIGHWAY, 7TH FLOOR
City, State Zip* BOCA RATON , FL - FLORIDA 33432
Email Address * AALTMAN@KPATTORNEY.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   SLIDE INSURANCE COMPANY
NAIC Company Code 17227
 
Name of individual responsible for violation (if any):* ROSS BARBER
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
Unfair Trade Practice
Claim Delay
* 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)(3) 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.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information.
* 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
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Slide Insurance Company (“Slide”) has not attempted in good faith to settle the insureds’ claim when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insureds and with due regard for their interests. The carrier refuses to pay the complete covered loss amount due under the policy. The carrier is required to properly investigate and adjust claims and cannot place that burden upon the insureds. This was made clear by the appellate court and the Florida Supreme Court in Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005)(“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 Hurricane Milton, which wreaked havoc and decimation in Florida. Kathryn Boer (“insured”) immediately put the carrier on notice of the damages to her home. The carrier sent out a field adjuster who inspected the home. Thereafter, an extremely low ball payment was made in the amount of $8,400.00 solely for damages to the barn that was in the rear of the property. The roof was ripped off at least ¾ of the way and remaining composite tiles were severely damaged, a tree had also fell on the roof caving in the structure. A contractor said the minimum repair cost would be close to $17,000, roof and walls, including the 2 car garage door and opener that was only 4 years old ($4,000). The rest of the home had extensive damage including significant debris, tree limbs and branches on the roof that also destroyed the gutter. During and after the storm the insured had water coming in from the living room and bathroom hallway ceilings. The living room ceiling began bulging and then split along the drywall seam dumping throughout the living room ruining an 8 x 10 rug, soaked through the baseboards and laminate wood flooring. Water also began entering through the roof between the walls of the Mud Room adjacent to the Living Room. The Bathroom Hallway began leaking from ceiling inside wall – and water pooled at the baseboard on floor. Kitchen floor had water pool up causing the floor to buckle. It is clear that the estimator that was sent out by Slide was in no way qualified to assess damage. Slide has been systematically under paying Hurricane claims as part of a generalized practice for its own financial gain. The insured provided an estimate in the amount of $113,014.09, however Slide has continued to fail to pay the insured. Pursuant to Florida Statute §624.155(1)(b)(1), the carrier has failed to settle the claim in good faith when it could and should have done so. Slide is well aware of the damage of the insured’s home. The carrier has put its financial interest before the interest of its insured and turned a blind eye to the damage, low-balled the Claim, and callously delayed the claim process. The carrier has not shown a good faith intention to pay what was owed but rather has underpaid the claim for financial gain and profit. Pursuant to Florida Statute §626.9541(1)(i)(3)(a), Slide has a duty to adopt and implement standards for the proper investigation of claims. Ross Barber displayed a lack of knowledge, improper training, and/or intent to underpay with his initial estimate. 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), Slide has continued to mislead not only this insured but many other victims of Hurricane Ian by taking their adjuster’s estimates and significantly reducing the estimates for a financial gain. Slide has intentionally misrepresented the available coverage under the policy. 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 $ $113,014.09minus any applicable deductibles or prior payments; 2.) Pay all emergency services retained by the insureds; 3.) Pay Additional living expenses; 4.) Pay damaged contents 5.) 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 at (561)-892-9988 if you have any questions or concerns. Sincerely, Alexis Altman
Comments
User Id Date Added Comment
mnixon@slideinsurance.com 04-21-2025 Via E-mail & Posting on DFS Website Alexis Altman, Esq. Law Offices of Kanner & Pintaluga 925 S. Federal Hwy Boca Raton, FL 33432 aaltman@kpattorney.com Complainant: Kathryn Boer Insured: Kathryn Boer Claim No: 202410012602 Policy No: SIC3072269 Date of loss: 10/09/24 CRN Filing No.: 810631 Dear Ms. Altman: Please allow this correspondence to serve as Slide Insurance Company’s (“Slide”)’s response to the Civil Remedy Notice (“CRN”) that was filed on behalf of Kathryn Boer (“Insured”). Herein, we include a brief factual history of the underlying claim and actions by Slide which reveals it has acted properly in responding to the underlying claim and in compliance with its contractual and legal obligations. Slide denies each and every allegation brought forth in the CRN and denies any wrongdoing in the handling of the underlying claim. Additionally, Slide denies violating any Florida Statute or Administrative Code as set forth more specifically herein. Moreover, Slide denies violating any provisions or duties set forth in the applicable policy of insurance. Slide further states that the facts and circumstances that are set forth in the CRN, while incomplete and misleading, do not give rise to any violation of any statute or policy provision referenced in the Notice. Furthermore, Slide challenges the validity of the CRN for failing to state with specificity the relevant policy language at issue. See, e.g., Julien v. United Prop. & Cas. Ins. Co., 311 So.3d 875, 879 (Fla. 4th DCA 2021) (affirming dismissal for civil remedy notice’s failure to either strictly, or substantially, comply with statutory specificity requirement); Demase v. State Farm Florida Insurance Company, 351 So.3d 136, 138-39 (Fla. 5th DCA 2022) (holding that the trial court properly determined that a civil remedy notice that failed to state with specificity the relevant policy language was legally insufficient). Finally, the CRN is improper as the Insured failed to establish that Slide breached the policy of insurance, as required by Fla. Stat. § 624.1551. CLAIM FACTS The underlying claim was reported on October 15, 2024, as a claim relating to Hurricane Milton damage with a DOL of October 9, 2024. Slide promptly adjusted the loss, including, but not limited to, sending Independent Adjuster Ross Barber to inspect the insured property. Based on Slide’s investigation and adjustment of the underlying claim, on or about November 26, 2024, Slide issued its determination letter(s) and payment(s) of approximately $10,212.94. Thus, Slide maintains that it has acted in accordance with the terms of the subject insurance policy, and the law, and has acted in good faith towards the Insured. Slide denies that it violated any statutes or committed the acts asserted in the CRN. Slide neither waives nor is estopped from asserting any and all rights that it may have in law or under the terms of the policy. Slide expressly reserves all such rights without exception or limitation. REASONS FOR THE NOTICE The CRN alleges three (3) reasons for the filing of the Notice. However, no specific facts or circumstances are provided to support these allegations. Notwithstanding, Slide denies each and every allegation individually as follows: 1. Unsatisfactory Settlement Offer: Slide denies that it extended any unsatisfactory settlement offers to the Insured. Slide promptly investigated the loss and issued payment(s) based on the investigation and evaluation of the claim. Slide asserts that it has acted in good faith towards its Insured at all times. Thus, this allegation is without basis and therefore denied. 2. Unfair Trade Practice: There is no basis for this allegation, thus it is wholly denied. The Insured has submitted no facts or circumstances to support this allegation. The handling and administration of this claim occurred with the expediency and timeliness allowed by the statutory requirements imposed upon Slide. At no time did Slide, its agents, or its employees delay the handling, administration, or disposition of this claim. The facts show that Slide acted promptly with respect to the investigation of the underlying claim and made communications as necessary to adjust the claim in a prompt and appropriate matter. Information necessary and relevant to the proceeding of the claim, were communicated to the Insured or their representatives in an appropriate manner. Thus, this allegation is without basis and therefore denied. 3. Claim Delay: Slide denies any delay in the claims handling process of the underlying loss as is evident from the facts outlined above. Slide promptly acknowledged the claim and timely initiated its investigation of the loss including inspection(s) of the subject property. Slide acted in accordance with its duties and obligations pursuant to the policy of insurance and responded appropriately to information and documentation that was provided. Thus, Slide asserts that this allegation is without basis and therefore denied. ALLEGED STATUTORY VIOLATIONS The CRN alleges multiple statutory violations. However, no specific facts or circumstances are provided to support these allegations. Notwithstanding, Slide denies each and every allegation individually as follows: 1. 624.155(1)(b)(1): Denied. The underlying claim was investigated and adjusted in as thorough and expedient a manner as possible. Following the investigation and evaluation of the underlying claim, payment(s) were tendered. Moreover, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 2. 624.155(1)(b)(3): Denied. Slide has not failed to promptly settle the underlying claim. The underlying claim was investigated and adjusted in as thorough and expedient a manner as possible. Following the investigation and evaluation of the underlying claim, payment(s) were tendered. Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.  Moreover, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 3. 626.9541(1)(i)(3)(a): Denied. This allegation is without basis. Slide has adopted and implemented standards for the proper investigation of claims at all times during the investigation of the subject matter. The aforementioned facts demonstrate that Slide employed proper and customary claims practices in the investigation and adjustment of this claim including, but not limited to, inspection of the insured property and timely communications with the Insured and their representatives. Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 4. 626.9541(1)(i)(3)(b): Denied.  This allegation is without basis.  Slide has been forthcoming and truthful regarding the pertinent claim facts and/or insurance policy provisions relating to the reported loss. Slide’s correspondences and communications to the Insured and/or their representatives proves this fact.  Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.  Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 5. 626.9541(1)(i)(3)(c): Denied. This allegation is without basis. Slide has consistently acted promptly upon all communications with respect to this claim as previously outlined. Slide has adjusted the underlying loss in as thorough and expedient a manner as possible. Moreover, Slide routinely communicated with the Insured and their representatives regarding the underlying claim. Thus, Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Any assertions to the contrary are unsupported by the facts. 6. 626.9541(1)(i)(3)(d): Denied. Slide has not denied the underlying claim without reasonable investigation of the reported loss. As referenced in the factual narrative above, Slide investigated the reported claim and adjusted the loss in as thorough and expedient a manner as possible.  Following the investigation and evaluation of the underlying claim, payment(s) were tendered. Accordingly, there is simply no support for this allegation and Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. ALLEGED VIOLATIONS OF THE INSURANCE POLICY The CRN fails to allege specific violations of the insurance policy and provides no specific facts or circumstances of wrongdoing. The boilerplate CRN merely sets forth blanket allegations of wrongdoing, without further information. As such, the CRN is defective, as it failed to specifically identify the policy language that is the subject of the alleged violation, and further failed to include sufficient facts to put Slide on notice of the alleged violations. Notwithstanding, Slide denies any and all allegations of policy violations. All actions by Slide were done in compliance with the applicable Policy. As indicated above, Slide thoroughly investigated the reported loss including inspection of the insured property. Thus, it is clear that Slide has acted in compliance with the Policy. Slide asserts that it has at all times complied with the terms of the Policy and has complied with all applicable provisions of the Policy and Florida Statutes in the handling of this matter. STATEMENTS AS TO CURING THE DEFECTS OUTLINED IN THE NOTICE The CRN asserts that Slide must tender all insurance benefits due and owing. Additionally, the CRN states that Slide must pay for emergency services, damaged contents, and additional living expenses when the Insured has not submitted claims for emergency services, damaged contents, and additional living expenses. Nevertheless, the method for curing violations alleged in a Civil Remedy Notice is not determined by the Insured. Talat Enterprises, Inc. v. Aetna Casualty Surety Co., 753 So. 2d So. 2d 1278 (Fla. 2000). Accordingly, Florida Statutes Section 624.155 does not impose on an insurer the obligation to pay whatever the Insured demands. Section 624.155(2)(d) would have no effect or purpose under such an interpretation. Thus, Slide reasserts that it has acted in good faith towards its Insured at all times. Slide references to all the facts herein, which unequivocally demonstrate Slide’s expedient and timely administration of the Insured’s claim. Slide further asserts its full and strict compliance with the Policy and reiterates that it has acted properly in responding to the underlying claim in compliance with its contractual and legal obligations. Slide denies any wrongdoing in the handling of the underlying claim. Additionally, Slide denies violating any Florida Statute, Administrative Code, or code of ethics. CONCLUSION In conclusion, the documented facts of this claim establish that Slide acted diligently in its claims response and adequately performed its obligations under the policy of insurance and Florida law. Thus, the facts contradict all allegations that Slide has in any manner acted improperly or contrary to its contractual obligations to the Insured in this claim. Herein, Slide has attempted to fully and adequately respond to the allegations the Insured allege in the Civil Remedy Notice of Insurer Violation filed with the Department. Should there be any questions or further inquiry with respect to this matter, please contact the undersigned at (813) 761-1866 or at mnixon@slideinsurance.com. Sincerely, /s/ Michael Nixon Michael Nixon, Esq. Staff Counsel
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