Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 811964

Filing Accepted: 3/19/2025

Print Filing

Complainant

Last/Business Name *

VALDES

First Name

FERNANDO AND SARAH

Street Address *

3481 MT. VERNON WAY

City, State Zip *

KISSIMMEE, FL 34741

Email Address *

VALDF004@GMAIL.COM

Complainant Type: *

Insured

Last/Business Name*		VALDES		First Name		FERNANDO AND SARAH
Policy # *		FLP502005		Claim #*		1312918-241013

Attorney

Attorney is Applicable

Last Name*	CHOKSHI First Name * SAURIN Initial
Street Address*		800 EAST BROWARD BOULEVARD, SUITE 510
City, State Zip*		FORT LAUDERDALE , FLORIDA 33301
Email Address *		SDC@WEKLAW.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):* CLAIMS ADJUSTER/SHERRY CLARK
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Unsatisfactory Settlement Offer
	Claim Delay
	Unfair Trade Practice
	Claim Denial

* 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.

The Loss Payment/Loss Settlement provision found in the homeowner's policy authorizes payment in the event of a covered loss to insured property.

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

Sarah Valdes and Fernando Valdes (“Insureds”) purchased an insurance policy ("Policy") from ASI Preferred Insurance Corp. (“Carrier”) with effective coverage on the date of loss, on or about October 30, 2023, and Policy number FLP502005 to insure their property located at 3481 Mt. Vernon Way, Kissimmee, FL 34741 ("Property"). On or about October 30, 2023, the Property suffered damage to the kitchen and interior as a result of a one-time event ("Loss"). Upon becoming aware of damage to their Property, the Insureds retained the services of Diamondback Public Adjusters, who performed an assessment of the damage to their Property and assisted them in reporting the subject Loss to Defendant. Upon reporting the Loss, the Carrier acknowledged the claim and assigned claim number 1312918-241013 ("Claim") to the Loss. Thereafter, the Carrier sent a field adjuster, Mr. Taylor Nevin, to the Property to inspect and document his observations regarding any possible damages to the Property. However, per the Carrier, they only observed damage to five square feet of cabinet space, and only extended partial coverage for damage in the amount of $275.04. This amount fell under the Policy’s $2,500 deductible, so no payments were issued to the insureds. Despite providing uncontroverted proof of the existence of additional covered damage to the Property, the Carrier has refused to compensate Plaintiffs for same. Since the Insureds became aware of the damages to the Property, they have acted promptly in reporting the claim and mitigating further damage to the Property. They have cooperated in all ways possible with every request of the Carrier. The Insureds have fully complied with all applicable Policy provisions requiring cooperation with the investigation; however, the Carrier has unequivocally failed to properly adjust this Claim, as further elaborated above. Rather than paying the actual damages and/or trying to settle with the Insureds, the Carrier has failed to act in good faith, delaying any prompt resolution of the claim. The Carrier has not attempted, in good faith, to settle this claim when, under the circumstances, it could and should have done so had it acted fairly and honestly toward the policyholders and with due regard to the policyholders' interests. As a result of this incident, the Insureds have suffered damage to the building on the subject Property and loss of use of the Property and possessions therein. As a direct consequence of the Carrier’s failure to adjust this Loss in good faith and make any payment, the Insureds continue to be without adequate compensation for the damages sustained at the Insureds’ Property. By stating the above detailed facts, it is clear that the Carrier has violated the following Florida statutes: • 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 Insureds and with due regard for their interest; • 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. To date, the Carrier has acted in bad faith, and failed to provide additional coverage under the Policy to the Insureds. The Insureds’ property continues to be in disarray as the Insureds are without funds to put this property back into its pre-loss condition. As a direct result of Carrier’s denial of the Claim and breach of the Florida Statutes, the Insureds were forced to seek the help of licensed professionals to assist them, including a public adjuster and legal counsel. Due to the amount of time that has passed since the date of loss and the information discussed above, there is irrefutable evidence that Carrier knowingly and intentionally, and in bad faith delays the settlement process in order to further disadvantage the Insureds. The financial detriment caused to the Insureds is a direct result of the Carrier’s reckless treatment of the claims process. The Insureds submitted all documents requested in a timely fashion, made their property available for inspection, submitted estimates and requests. However, the Carrier failed at every step of the process to adequately establish or identify the basis of its gross mismanagement of the claim. To deny the Insureds the benefit clearly due and owing under the Policy, for which they have time and time again been making premium payments for and after they have satisfied all of their obligations is morally and ethically reprehensible, and reeks of Unfair Claims Practice and Bad Faith. Upon information and belief, the aforementioned actions complained of, among others, were made by the Carrier so often as to constitute a general business practice, evidencing a motive to enhance the Carrier’s profits, and designed to cause a detrimental effect to its policyholders. The above clearly depicts that the Carrier adjusted this claim in bad faith, continue to act in bad faith towards its Insureds, and that the Carrier is in direct violation of Unfair Claims Practices. This notice is given in order to perfect the right to pursue the civil remedy authorized by Section 624.155, Florida Statutes, should the Carrier fail to cure the violations set forth in this Civil Remedy Notice within the given cure period. Therefore, to cure the defects outlined in this Civil Remedy Notice, the Carrier must: (1) Immediately tender $47,251.00 in US dollars to the Insureds which is fairly owed to the Insureds under the insurance policy and would reasonably compensate the Insureds in order to put the Property back to its pre-loss condition; (2) Agree to reimburse the Insureds for interest on the amount of benefits that was found to be due and owing to the Insureds, relating back to the date of loss; and (3) Agree to reimburse the Insureds’ reasonable attorneys’ fees and costs for having to become involved to resolve the claim; and (4) Agree to reimburse the Insureds for interest on the amount of benefits that was found to be due and owing to the Insureds, relating back to the date of loss.

Comments

User Id		Date Added		Comment
darryl_j_roles@progressive.com		04-22-2025		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 SAURIN CHOKSHI, ESQ, on April 21, 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