Civil Remedy Notice of Insurer Violations
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Filing Number:     811467
Filing Accepted:  3/17/2025
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Complainant
Last/Business Name *  
DALE AND DASHANELLE JONES AS PERSONAL REPRESENTATIVES OF THE ESTATE OF DALE L. JONES   First Name  
Street Address * 822 N. A1A HIGHWAY, SUITE 310
City, State Zip * PONTE VEDRA, FL 32082
Email Address * RIVERS@TWLGLAWYERS.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   AXIS SURPLUS INSURANCE   First Name  
Policy # * P-001-000097398-04 Claim #* UNKNOWN
Attorney
Attorney is Applicable
Last Name* RIVERS First Name * LINJE Initial
Street Address* 822 N. A1A HIGHWAY, SUITE 310
City, State Zip* PONTE VEDRA , FL 32082
Email Address * RIVERS@TWLGLAWYERS.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):* UNKNOWN
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
* 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

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

On October 6, 2022, Defendants HART ROAD LODGE, LLC a Foreign Limited Liability Company d/b/a HOME 1 GREAT STAY, WDA HOLDINGS LLC, and WORLD DEBT ACQUISITIONS d/b/a JDH DEVELOPERS, managed, operated, controlled, and/or owned the property at 10885 Harts Road known as Home 1 Great Stay (“subject premises”) Despite the Hotel and the surrounding area being the site of rampant violent crimes prior to the incident in this case, Defendants continually failed to appreciate the grave importance of, inter alia, securing access with adequate controls, effectively stationing security patrols on-site, and otherwise reasonably ensuring that trespassers and/or criminal assailants cannot freely enter and exit the premises. The subject premises had zero effective security measures in place prior to and at the time of the incident. Dale Leonard Jones, deceased, (“Jones”) was guest at the subject premises.[1] At that same time and place, Erik Allen, a convicted felon, entered the subject premises armed with a weapon. Mr. Allen was not a guest at the hotel or an invitee of any guest at the subject premises. Mr. Allen was a trespasser. Upon entering the subject premises, Mr. Allen engaged in a physical altercation with Mr. Jones. After defending himself, Mr. Jones told Mr. Allen he needed to leave the property. Unbeknownst to Mr. Jones, Mr. Allen had a weapon on his person. Mr. Allen walked down the stairs and pretended to leave the property. Mr. Allen removed his weapon from its concealed position and pointed the firearm towards Mr. Jones on the second floor. Mr. Allen opened fire striking Mr. Jones twice. Emergency services were called to the subject premises to render aid to Mr. Jones. He was transported by ambulance to the hospital where Mr. Jones would later die from the gunshot wounds he suffered. The damages identified in Plaintiffs’ Economist Report are $20,985,654. Axis Surplus Insurance failed to provide any offer and did not engage in any settlement discussions. Axis Surplus Insurance conduct is unreasonable and unfair to the beneficiaries of the Estate of Dale Leonard Jones. An initial demand was sent to Axis Surplus Insurance on January 16, 2025 and a supplemental demand was provided on March 6, 2025.
Comments
User Id Date Added Comment
njordahl@wwhgd.com 05-21-2025 RESPONSE TO CIVIL REMEDY NOTICE AXIS Surplus Insurance Company (“AXIS”) hereby responds to the March 17, 2025 Civil Remedy Notice No. 811467 (“CRN”), filed with the Florida Department of Financial Services by attorney Linje Rivers (“Counsel”) on behalf of Dale and Dashanelle Jones as Person Representatives of the Estate of Dale L. Jones (“Complainants”). AXIS issued a Commercial General Liability policy insuring World Debt Acquisitions, LLC and Hart Road Lodge, LLC as Named Insureds bearing Policy No. P-001-000097398-04, for the period May 17, 2022 to May 17, 2023. As an initial matter, AXIS notes that the CRN incorrectly identifies AXIS as the “Insured” for purposes of the CRN. In addition, the CRN describes the type of insurance as “Commercial Property & Casualty” instead of “Commercial General Liability”. The CRN asserts claims of civil liability against three entities (identified hereinafter) for the death of Dale L. Jones (Mr. Jones). Specifically, Complainants contend that Hart Road Lodge, LLC d/b/a Home 1 Great Stay, WDA Holdings LLC, and World Debt Acquisitions d/b/a JDH (“Defendants”) negligently managed, operated, controlled and/or owned a hotel property which is the “site of rampant violent crimes,” and that they failed to provide adequate security control and access measures. It is asserted that at the time of the incident, the premises had “zero effective security measures” to ensure that trespassers and/or criminal assailants could not freely enter the property. Complainants assert that Mr. Jones was a guest on the property when a trespasser engaged in a physical altercation with Mr. Jones, ultimately shooting and killing him. Damages are asserted in the amount of $20,985,654 based upon the opinion of an economist retained by Counsel. Complainants assert that because they made demands to AXIS as the insurer of the Defendants and AXIS did not make a counteroffer or engage in settlement negotiations, the “conduct is unreasonable and unfair to the beneficiaries of the Estate of Dale Leonard Jones.” Complainants identify Fla. Stat. 624.155(1)(b)(1) and Fla. Stat. 624.155(1)(b)(3) as the Reason for the Notice, with further reference to an “Unsatisfactory Settlement Offer”. There is no merit to these assertions. As a threshold matter, the CRN states that the submitter is giving notice in order to perfect the rights of the person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes. Complainants are not insureds under the AXIS Policy and have not obtained a judgment against Defendants. Consequently, as currently postured, Complainants have not been damaged by an act of AXIS and are precluded from asserting civil remedies and bad faith claims against AXIS. In any event, Complainants’ bald allegations about the knowledge of the Defendants and conditions on the property at the time of the shooting incident are disputed, as are the circumstances of the initial altercation. Contrary to the factual summary presented by Complainants, there is evidence that the other party to the subject alteration was invited to the property by Mr. Jones for purposes of engaging in a drug transaction. Furthermore, there is evidence that a disagreement ensued between Mr. Jones and the other party in connection with the transaction, as a result of which Mr. Jones assaulted the other party, who then shot Mr. Jones. Beyond the foregoing, the asserted violation of Fla. Stat. 624.155(1)(b)(3) is facially inapplicable to liability coverage and does not provide a basis for a bad faith claim. The assertion of improper settlement practices pursuant to Fla. Stat. 624.155(1)(b)(1) ignores the significant disputed issues of liability and damages which exist at this time, which belie the contention that “under all the circumstances” AXIS should have attempted to settle the claims. Rather, AXIS has and will continue to act fairly and honestly towards the Defendants with due regard for their interests. The actual circumstances also belie the contention that the obligation to settle the Plaintiffs’ claims was reasonably clear and that AXIS has failed to promptly settle the Plaintiffs’ claims. Finally, AXIS notes that the CRN does not identify any language of the AXIS Policy relevant to the violations alleged, which may not comply with the CRN form. On page 2 of the CRN form, there is a section where the Complainant is to reference specific policy language that is relevant to the alleged violation, if any. Complainant does not identify policy provision(s). Instead, Complainant reiterates the statutory provisions alleged to have been violated. Notwithstanding the foregoing, AXIS is continuing to investigate this matter and has agreed to participate in court-ordered mediation set for August 5, 2025. AXIS reserves its rights to further supplement this CRN response, as appropriate.
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