Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 811410

Filing Accepted: 3/17/2025

Print Filing

Complainant

Last/Business Name *

ALBERT

First Name

LYDIA

Street Address *

2010 GOLDEN OAT COURT

City, State Zip *

KISSIMMEE, FL 34743

Email Address *

CLAIMS@WINDLAWGROUP.COM

Complainant Type: *

Insured

Last/Business Name*		ALBERT		First Name		LYDIA
Policy # *		FLP537905		Claim #*		1399063

Attorney

Attorney is Applicable

Last Name*	AVARELLO First Name * ALEXANDER Initial L
Street Address*		8570 STIRLING ROAD, SUITE 102-406
City, State Zip*		HOLLYWOOD , FL 33024
Email Address *		ALEX@WINDLAWGROUP.COM

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		ASI PREFERRED INSURANCE CORP.
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 13142

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.

ASI PREFERRED INSURANCE CORP failed to adequately adjust and pay the claim covered under the subject insurance policy. Specifically, but not limited to, ASI PREFERRED INSURANCE CORP 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 September 29, 2022, while the insurance policy (Policy Number: FLP537905) was in full force and effect, the subject property located at 2010 GOLDEN OAT COURT KISSIMMEE, FL 34743 sustained a covered loss as a result of wind and water damage from Hurricane Ian. This was a Category 5 hurricane, and when it struck Florida, it was a strong Category 4 hurricane that devastated the state. The insured filed a claim (Claim Number: 1399063) per the terms of the insurance policy with ASI PREFERRED INSURANCE CORP (the “carrier”). ASI PREFERRED INSURANCE CORP 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 Ian. 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 ASI PREFERRED INSURANCE CORP, including a detailed estimate for repairs. ASI PREFERRED INSURANCE CORP 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. 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. Further, ASI PREFERRED INSURANCE CORP has refused to engage in any meaningful communication with the Insureds’ counsel following the initiation of a lawsuit. ASI PREFERRED INSURANCE CORP never filed an appearance or engaged in the lawsuit. As a result of ASI PREFERRED INSURANCE CORP’s failure to appear and engage in the litigation process, the Insureds obtained a final entry of judgment against the ASI PREFERRED INSURANCE CORP in the amount of $152,925.52. ASI PREFERRED INSURANCE CORP has failed to comply with the Final Judgment in the lawsuit and comply with the Court’s order. ASI PREFERRED INSURANCE CORP is acting in bad faith by its failure to acknowledge the lawsuit, engage in the litigation process, and comply with the Court’s final judgment and ultimately, indemnify its Insureds. The above are all examples of ASI PREFERRED INSURANCE CORP’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 final judgment entered against them in the amount of $152,925.52 and (2) 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
daniel_delmonte@progressive.com		04-23-2025		While ASI Preferred Insurance Corp believes that the Civil Remedy Notice fails to comply with the requirements of Florida Statute §624.155 and Florida Case law, it has responded to the notice in writing to The Wind Law Group PLLC, on April 23, 2025.

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