Civil Remedy Notice of Insurer Violations
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Filing Number:     812041
Filing Accepted:  3/20/2025
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Complainant
Last/Business Name *  
PALMIERI   First Name   ROBERT
Street Address * 13561 EAGLE RIDGE DR,APT 1017,
City, State Zip * FORT MYERS, FL 33912
Email Address * FIRM@FLORIDAINSLAW.COM
Complainant Type: * Insured
Insured
Last/Business Name*   PALMIERI   First Name   ROBERT
Policy # * FLP653492 Claim #* 1325841-241013-021102
Attorney
Attorney is Applicable
Last Name* CIOCCHETTI First Name * MICHAEL Initial
Street Address* 125 NORTH RIDGEWOOD AVENUE, SUITE 100
City, State Zip* DAYTONA BEACH , FLORIDA 32114
Email Address * FIRM@FLORIDAINSLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   ASI PREFERRED INSURANCE CORP.
NAIC Company Code 13142
 
Name of individual responsible for violation (if any):* KEVIN VOCE
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Unfair Trade 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)(2) A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy.
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)(d) Denying claims without conducting reasonable investigations based upon available information.
626.9541(1)(i)(3)(f) Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

COVERAGE A-DWELLING 1. The alterations, appliances, fixtures and improvements which are part of the building contained within the “residence premises”; 2. Items of real property which pertain exclusively to the “residence premises”; 3. Property which is your insurance responsibility under corporation or association of property owners agreement; or 4. Structures owned solely by you, other than the “residence premises, “ at the location of the “residence premises.”
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

This complaint is made on behalf of the insured, ROBERT PALMIERI. Further, this complaint is a statement that notice is hereby given in order to perfect the right to pursue the civil remedy pursuant to Florida Statute §624.155. In consideration of the premium paid to it, ASI PREFERRED INSURANCE CORPORATION (“Carrier”), issued a policy, Policy No. FLP653492 (“Policy”), to the Insured where the Policy provided coverage for all losses, except those losses which were expressly excluded, for the property located at 13561 Eagle Ridge Dr, Apt 1017, Fort Myers, FL 33912 (“Insured Property”). The policy was in full force and effect at the time the damage occurred from Hurricane Ian, and the ensuing damages as a direct result thereof, to the Insured Property, on or about September 22, 2022. Thereafter, the Carrier was timely notified of the Loss. In particular, the Carrier was put on notice of covered direct damages and ensuing damages and of the request that a claim be opened pursuant to the terms and conditions of the Policy. Claim number 1325841-241013-021102 (“Claim”) was assigned to the Loss. The Carrier sent an adjuster to the Insured Property to perform an inspection. The Carrier performed a cursory inspection of the Insured Property and failed to retain unbiased experts necessary to trigger the cause of the Loss and covered repairs necessary to restore the Insured Property to its pre-loss condition. The Carrier deliberately denied the claim. The Carrier knows its aforementioned investigation is insufficient and that it has failed to provide proper payment to restore the property to its pre-loss condition. This inspection placed The Carrier on notice of the severity of the Loss. The Carrier subsequently denied the Insured’s claim and issued no payment for the Loss. Thereafter, the insured sought the assistance of a public adjuster who ensured the proper estimating of the loss and compliance with all Policy conditions. The public adjuster submitted a comprehensive estimate to the Carrier for the full scope of damages to the Insured Property. In addition, a Sworn Statement and Proof of Loss (“SPOL”) was provided, on or about April 30, 2024. The Carrier disregarded this comprehensive estimate and SPOL and, instead, denied the Claim. The Carrier has refused to reassess its denial of benefits and the basis of the denial and has refused to properly adjust and settle the Claim. The Carrier violated the provisions of Florida Statute §624.155(1)(b)(1) by failing to attempt in good faith to resolve this claim when, under all circumstances, it could and should have done so had it acted fairly and honestly toward its insured with a due regard for their interest. When the Carrier was confronted with a comprehensive estimate and verifiable cause of Loss, the Carrier chose to deny the Insured’s valid Claim. The Carrier violated the provisions of Florida Statute §626.9541(1)(i)(2) by materially misrepresenting to the Insured that Policy coverage was unavailable for the Insured’s Claim and Loss to the Insured Property. This misrepresentation was made in an attempt to deny the Insureds’ Claim and escape without paying for the full extent of substantial damage. The Carrier violated the provisions of Florida Statute §626.9541(1)(i)(3)(a) by failing to adopt and implement standards for the proper investigation of claims. When confronted with a comprehensive estimate and verifiable cause of Loss, the Carrier apparently had no system or standards prepared or implemented which would allow it to evaluate the Claim as submitted by its Insured. The Carrier violated the provisions of Florida Statute §626.9541(1)(i)(3)(b) by misrepresenting pertinent facts or Policy provisions relating to the coverage at issue. This has been discussed fully hereinabove. The Carrier violated the provisions of Florida Statute 626.9541(1)(i)(3)(d) by denying the Insured’s Claim without conducting reasonable investigation into the basis for the Claim. The Carrier violated the provisions of Florida Statute 626.9541 (1)(i)(3)(f) by failing to promptly provide a reasonable explanation in writing to the Insured of the basis in the Policy, in relation to the facts or applicable law, for denial of the Claim. The Carrier can cure these violations by payment, within 60 days of the date hereof, of all funds contractual owed to the Insured under the terms and conditions of the Policy.
Comments
User Id Date Added Comment
darryl_j_roles@progressive.com 03-24-2025 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 Michael Ciocchetti PLLC, on March 24 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.

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