Filing Number: 811585
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| Filing Accepted: 3/17/2025 |
| Last/Business Name
*
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| Street Address
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5918 BAYVIEW CIRCLE S |
| City, State Zip
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GULFPORT,
FL
33707
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| Email Address
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JEREMY.BAILIE@WEBERCRABB.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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BAILIE |
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First Name |
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JEREMY |
| Policy # * |
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FPH3259038-00 |
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Claim #* |
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FPI249805 (MILTON); FPI245842 (HELENE) |
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Attorney is Applicable
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| Last Name* |
BAILIE
First Name *
JEREMY
Initial
D
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| Street Address* |
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5453 CENTRAL AVENUE |
| City, State Zip* |
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ST. PETERSBURG
,
FL
33710
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| Email Address * |
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JEREMY.BAILIE@WEBERCRABB.COM |
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| Insurer Type
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 Authorized Insurer
 Unauthorized Insurer
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| Insurer Name |
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| Insurer Name* |
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FLORIDA PENINSULA INSURANCE COMPANY
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| Insurer Name* |
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| Street Address* |
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| City, State Zip* |
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,
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NAIC Company Code 10132 |
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| Name of individual responsible for violation (if any):*
SHA'HARA DAY; DEBBIE BAXTER
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| Type of Insurance
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Residential Property & Casualty
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| Reason for Notice
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Claim Delay
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Unsatisfactory Settlement Offer
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Statutory provision(s) which the insurer allegedly violated.
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| 624.155(1)(b)(1) |
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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.
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
The policy provides coverage for damage to the insured property. The policy provides:
COVERAGE A Dwelling
We cover:
1. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the
dwelling;
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Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
During the policy period, Jeremy Bailie ("Insured"), suffered a loss to his residential property (the "Insured Property"). The Insured Property suffered damage covered by a policy of insurance with Florida Peninsula Insurance Company ("Insurer"). The damage was caused by a covered peril under the policy (Hurricanes Helene and Milton). Per the terms of the policy, the Insured provided the Insurer with prompt notice of the loss. Moreover, the Insured was and continues to be cooperative with the Insurer's investigation of the Insured Property. Despite clear evidence to the contrary, the Insurer has grossly underestimated the damages, after having been provided with all the documentation and access to the property it required, and attempted to deny payment of all policy benefits owed for the claim without a sufficient investigation.
In Florida, the work of adjusting insurance claims engages the public trust. Insurer has breached the public's trust by its adjustment of the claim of loss. In this case, it has become apparent, Insurer has: (1) failed to create and implement adequate guidelines for the proper investigation and evaluation of claims, claims handling, and for training and supervision of employees resulting in statutory violations as set forth above; and (2) failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the claim for damages. To date, notwithstanding the Insured's pleas otherwise, the Insurer has continued to refuse to acknowledge its obligation to conduct a proper investigation. Moreover, the Insurer has not attempted in good faith to settle the 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. Furthermore, Insurer is required to properly investigate and adjust claims and cannot place that burden upon the Insured. This was made clear by 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."). The Insurer was immediately put on notice of the claim. The Insured has complied with all of the Insurer's requests to date and the Insurer has still failed to treat this claim with good-faith.
It is clear that Insurer is not treating the Homeowner with good faith claims conduct; failing to pay a claim clearly owed; not adjusting the claim and evaluating the loss properly, promptly, and fairly to provide full and prompt indemnity to Homeowner; sending a low-ball offer and ignoring the Insured's pleas for assistance; failing to implement proper standards for the adjustment and investigation of claims; placing the Insurer's interests before the Insured's interests; refusing to pay the full amount owed to the Insured despite the fact that the Insurer has been on notice of the damages; and looking for ways to delay full recovery to the Insured, when a reasonable carrier in a similar position would have tendered a full payment in accordance with both the policy language and statutory requirements. Insurer's actions are in violation of the sections of 624.155, Florida Statutes discussed above.
To cure the defects outlined in this Civil Remedy Notice, within the next 60 days, the Insurer must deliver to Weber, Crabb & Wein, P.A. a settlement draft for $69,873.32, made payable to "Weber, Crabb & Wein, P.A. Trust Account".
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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.
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DFS-10-363
Rev. 10/14/2008
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