Civil Remedy Notice of Insurer Violations
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Filing Number:     811300
Filing Accepted:  3/14/2025
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Complainant
Last/Business Name *  
600 SW DARWIN BLVD LLC   First Name  
Street Address * 600 SW DARWIN BLVD
City, State Zip * PORT ST. LUCIE, FL 34953
Email Address * CLAIMS@WINDLAWGROUP.COM
Complainant Type: * Insured
Insured
Last/Business Name*   600 SW DARWIN   First Name  
Policy # * ESC109111 Claim #* AWAX23110018
Attorney
Attorney is Applicable
Last Name* GALLAGHER First Name * ROBERT Initial
Street Address* 8570 STIRLING ROAD, SUITE 102-406
City, State Zip* HOLLYWOOD , FL 33024
Email Address * ROBERT@WINDLAWGROUP.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   AXIS SURPLUS INSURANCE COMPANY
NAIC Company Code 26620
 
Name of individual responsible for violation (if any):* THE ASSIGNED DESK ADJUSTER, FIELD ADJUSTER, SUPERVISOR(S) AND/OR MANAGER(S); AND ANY OTHER THAT HAS REVIEWED THIS CLAIM OR MADE DETERMINATIONS WITH RESPECT TO THIS CLAIM
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
Other : Unfair Settlement 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.
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.
626.9541(1)(i)(3)(i) Failing to pay personal injury protection insurance claims within the time periods required by s. 627.736(4)(b).
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

AXIS SURPLUS INSURANCE COMPANY failed to adequately adjust and pay the claim covered under the subject insurance policy. Specifically, but not limited to, AXIS SURPLUS INSURANCE COMPANY failed to properly apply the Loss Settlement and Loss Payment provisions of the policy. In addition to the policy sections, all endorsements and changes to the subject policy are relevant to the insured’s claim for civil remedy. There may be additional policy language relevant to this violation that may be discovered.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

On or about November 9, 2022, while the insurance policy (Policy Number: ESC109111 ) was in full force and effect, the subject property located at 600 SW DARWIN BLVD PORT ST. LUCIE, FL 34953 sustained a covered loss as a result of wind and water damage from Hurricane Nicole. This hurricane’s strong winds devastated properties across the state of Florida. The insured filed a claim (Claim Number: AWAX23110018) per the terms of the insurance policy with AXIS SURPLUS INSURANCE COMPANY (the “carrier”). AXIS SURPLUS INSURANCE COMPANY received timely notice of the claim but failed to perform a thorough and prompt investigation so the subject property could be restored to its pre-loss condition. The carrier’s adjuster did not properly adjust the loss to include obviously related damages resulting from Hurricane Nicole. The insured retained a representative, who performed a comprehensive investigation of the property that identified the damage that the carrier knew existed but failed to address. The insured’s representative determined there were damages and repairs necessary to restore the property to its pre-loss condition and submitted claim-related documentation to AXIS SURPLUS INSURANCE COMPANY, including a detailed estimate for repairs. AXIS SURPLUS INSURANCE COMPANY knows that it is acting in direct violation of Florida Statute 624.155(1)(b)(1) and that it has failed to issue proper payment for the claim to include damages and repairs covered by the insurance policy and Florida law. Rather than issuing the proper payment or attempting to reach an agreement with the insured, AXIS SURPLUS INSURANCE COMPANY is delaying and denying the claim. The carrier refuses to make any fair settlement offer to resolve this claim. Not made whole by the carrier per the terms of the insurance policy, the insured has been forced to seek legal counsel to protect the insured’s rights and interests. The above are all examples of AXIS SURPLUS INSURANCE COMPANY’S unfair trade practices, improper investigation and adjustment of the claim, and unfair claim settlement practices. These actions demonstrate the carrier is 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 the insured. The insured gives this notice to perfect the right to pursue the civil remedy authorized by Florida Statute § 624.155. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must: (1) Pay the complete covered loss in the amount of $526,678.26, less any prior payments and less any applicable policy deductible; (2) Pay the statutory interest on the amount of unpaid damages from the date of loss to the date payment is finally made; and (3) implement appropriate standards and procedures for claims investigations and resolution in regard to the outstanding amount of this claim.
Comments
User Id Date Added Comment
bmorace@zellelaw.com 05-22-2025 600 SW Darwin Blvd and AXIS Surplus Insurance Company reached an amicable resolution of all claims and matters discussed herein, and AXIS is authorized to represent that this Civil Remedy Notice shall be deemed withdrawn.
alex@windlawgroup.com 05-21-2025 withdraw
crenella@zellelaw.com 05-13-2025 To Whom it May Concern: We write on behalf of AXIS Surplus Insurance Company ("AXIS") in response to the Civil Remedy Notice of Insurer Violations bearing DFS File No. 811300 (the "Notice"), which was submitted to the Florida Department of Financial Services (the "Department") by 600 SW Darwin Blvd LLC ("Insured") regarding the Insured’s property damage claim resulting from alleged Hurricane Nicole damage. Initially, the Notice is deficient as it fails to comply with Fla. Stat. § 624.155 on several grounds. First, the Notice fails to satisfy Fla. Stat. § 624.155(3)(b)(2) in that it fails to state with specificity the facts and circumstances giving rise to the alleged violations. Second, the Notice fails to satisfy Fla. Stat. § 624.155(3)(b)(3) in that it fails to identify the name of the individual involved in the violation. Third, the Notice fails to satisfy Fla. Stat. § 624.155(3)(b)(4) in that it fails to reference specific policy language relevant to the alleged violation. Notwithstanding the above deficiencies, AXIS disputes and rejects each and every allegation within the Insured’s Notice. AXIS timely adjusted the Insured's claim, retained qualified consultants to assist in its investigation, and issued its coverage decision according to the terms of the Policy. AXIS rejects any claim that it or its representatives acted in bad faith, violated any of the statutes referenced in the Notice, or otherwise committed any of the acts outlined in the Notice. Although AXIS denies any and all allegations set for in the Notice, the Insured and AXIS have reached an amicable resolution of the disputed claim. As part of the agreed upon resolution of the Insured's claim, the Insured will be withdrawing this Notice. Notwithstanding the resolution of this matter, AXIS specifically denies the allegations contained in the Notice and reiterates that it adjusted this claim in accordance with the Policy’s terms, conditions, and Florida law.
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.

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.




DFS-10-363
Rev. 10/14/2008