Civil Remedy Notice of Insurer Violations
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Filing Number:     813356
Filing Accepted:  3/27/2025
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Complainant
Last/Business Name *  
ASHLEY   First Name   BUGLIONE
Street Address * 200 RIVERFRONT DR.
City, State Zip * PALM COAST, FL 32137
Email Address * ASHLEYBUGLIONE144@GMAIL.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   RUSSO   First Name   ANTHONY
Policy # * AGH0287021 Claim #* CHO-00128182
Attorney
Attorney is Applicable
Last Name* WAYNE First Name * PHILIP Initial D
Street Address* 135 W. CENTRAL BLVD. SUITE 320
City, State Zip* ORLANDO , FLORIDA 32801
Email Address * PHILIP.WAYNE@DEWITTLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   AMERICAN INTEGRITY INSURANCE COMPANY
NAIC Company Code 12841
 
Name of individual responsible for violation (if any):* JOE DEVIVO
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
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.
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)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Section II - Liability Coverages Coverage E - Personal Liability Coverage F - Medical Payments to Others
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

This Civil Remedy Notice is being filed against the insurance carrier for failing to act in good faith in evaluating and settling the claims arising from the significant and life-altering injuries suffered by Ashley Buglione. The carrier has engaged in the following bad faith practices: (1) Failure to Attempt Good Faith Settlement: The carrier has failed to act fairly and honestly toward its insured and the injured party in settling the claim when, under all the circumstances, it could and should have done so. (2) Failure to Promptly Settle Claims: The carrier refused to settle a claim where liability is clear. (3) Failure to Properly Investigate the Claim: The carrier has ignored overwhelming evidence of liability and damages, relying instead on assumptions and misrepresentations regarding the injured party’s experience with firearms. (4) Failure to Acknowledge and Respond Promptly: Despite repeated communications and clear evidence of significant damages, the carrier has either failed to respond or has unreasonably delayed substantive responses to settlement demands. On May 13, 2022, Ashley attended a social gathering at the insured’s residence (the Russos), where underage drinking was known to regularly occur with the knowledge and tacit approval of the homeowners. Ashley was underage herself at the time. After a late night at the Russos, the following morning, not feeling well, which she texted to Lawrence Russo, Ashley was invited to shoot shotguns in the back pasture of the Russo property. The activity planned was shooting skeet — flying clay targets launched through the air using a shotgun. Ashley had no formal training or experience with firearms and was unfamiliar with the operation and handling of a 12-gauge shotgun. Despite this, Lawrence Russo requested shotguns from his father, Anthony Russo, to use for the activity. Anthony Russo asked who would be shooting, and Lawrence listed the participants, including Ashley. Anthony asked about her experience, and Lawrence—who had a crush on Ashley—claimed she was a hunter. No further inquiry was made. This assumption that Ashley was “hunter” was based on a few social media photos of Ashley in camouflage, not on any actual inquiry into her skill or safety knowledge. Anthony Russo negligently relied on his son’s word, despite knowing his son’s feelings for Ashley, and provided loaded firearms with no adult supervision or training. While handling the 12-gauge shotgun, it discharged into Ashley’s foot, nearly blowing her toe off. Ashley was rushed to the hospital and immediately underwent emergency surgery. She remained hospitalized for weeks. Since the incident, she has undergone six surgeries and is facing additional surgeries. Her medical bills are in the hundreds of thousands of dollars. Hundreds of photographs of her injuries, hospital stays, surgical wounds, and treatment progress have been provided to the insurer. The carrier has been aware of the severity of this claim since at least March 29, 2023, when it received a comprehensive policy limits demand package, including medical records, bills, photographs of the injuries, and a settlement offer. Despite this, the carrier has continuously refused to engage in meaningful settlement discussions and instead issued an April 19, 2023, denial, asserting no liability and falsely claiming that Ashley misrepresented her firearm experience. This denial was issued despite the following, all of which has since been confirmed by deposition testimony: (1) Anthony Russo failed to conduct any meaningful inquiry into Ashley’s experience before providing a loaded firearm. (2) Lawrence Russo observed Ashley holding the shotgun incorrectly with her finger on the trigger and failed to intervene. (3) Multiple individuals familiar with Ashley and her background were deposed and confirmed she had very little knowledge or training with firearms. (4) The Russo family admitted that underage drinking routinely took place at their residence. The carrier has presented no evidence of any formal firearm training undertaken by Ashley. Throughout 2023 and 2024, Ashley has provided extensive discovery responses, including multiple rounds of interrogatories, requests for production, admissions, and deposition testimony. The carrier has had ample opportunity to fairly evaluate this claim, including: (1) Multiple depositions confirming the facts around the negligent entrustment of the firearm and negligence generally. (2) CME report from the carrier’s own physician acknowledging the severity of the injury, the ongoing limp, the need for additional surgery, and the permanent nature of the damage. The following attempts to resolve the claim were met with either rejection or silence: (1) March 29, 2023: Policy limits demand. (2) April 19, 2023: Denial letter issued by the insurer. (3) August 2023: Proposal for settlement (PFS) to defendants. (4) February 2024: PFS for $300,000 to defendants. (5) December 2025: Settlement demand to release all defendants for policy limits – no response. The lone offer by the carrier has been a Proposal for Settlement for $1,000.00. The carrier has not even offered the $5,000.00 in Medical Payments coverage. The carrier’s refusal to settle is particularly egregious considering that this lawsuit was filed on March 21, 2023, prior to the implementation of HB 837. The filing preserved Ashley’s legal rights, particularly regarding comparative negligence. Despite knowing the legal landscape, the carrier has used the filing of the lawsuit as a pretext to deny the claim, which is evidenced from a letter dated 4/19/23, from Lowell Brown of the defense firm representing the carrier, alleging, “Further, the filing of a lawsuit before the expiration of this Demand raises concerns as to Plaintiff’s willingness to bring about a reasonable conclusion to this matter.” The extent of Ashley’s damages is undeniable. She has endured immense pain, permanent disfigurement, loss of mobility, and significant financial burdens due to ongoing medical treatment. Her injuries far exceed the available insurance policy limits. Even in the event that Ashley is found partially at fault, her damages remain so substantial that they exceed any applicable coverage. To cure the violations outlined above, the carrier may tender the full policy limits of $300,000.00. The carrier’s handling of this claim has been a textbook example of bad faith, failing to act fairly and honestly in evaluating and settling this clear liability claim. The insurer’s repeated refusals to settle, despite knowing the severe injuries and financial hardships suffered by Ashley, demonstrate a conscious disregard for the rights of its insured and the injured party.
Comments
User Id Date Added Comment
swozniak@aii.com 05-06-2025 May 6, 2025 Via Electronic Submission Florida Department of Financial Services Consumer Assistance Civil Remedy Section Larson Building 200 E. Gaines Street Tallahassee, FL 32399-0322 Philp D. Wayne, Esq. 135 West Central Blvd. Suite 320 Orlando, Florida 32801 Philip.Wayne@DewittLaw.com Re: DFS File No: 813356 Complainant: Ashley Buglione Insured: Ashley Buglione Policy No: AGH0287021 Insurer: American Integrity Insurance Company of Florida Claim No: CHO-00128182 To Whom It May Concern: We are in receipt of the Civil Remedy Notice (“CRN”) filed by Philp D. Wayne, Esq. on behalf of the above referenced Complainant and matter. The Florida Department of Financial Services (“DFS”) accepted the CRN on March 27, 2025 and assigned it DFS File No. of 813356. While American Integrity asserts that the subject CRN is legally insufficient and non-compliant with Florida law, American Integrity, without waiving any arguments regarding same, contends that it has at all times performed its obligations under the insurance policy in a prompt and diligent manner with due regard for the interest of its Insured, Ashley Buglione. The CRN contains a list of purported violations which are alleged to have been committed by American Integrity. In fact, none of the listed violations/allegations have occurred and/or are irrelevant to the alleged violations and American Integrity categorically denies any violations of §624.155 and §626.9541, Fla. Stat., as well as any and all other statutes/regulations/codes/rules contained in the CRN. In addition, American Integrity denies any and all allegations of any kind and/or any inferences therefrom referenced and/or contained in the CRN. American Integrity believes this response adequately addresses the allegations and violations contained within the CRN. Sincerely, Michael S. Sperounes Michael S. Sperounes, Esq. Senior Vice President of Litigation American Integrity Insurance Group cc: Philp D. Wayne, Esq. via email at: Philip.Wayne@DewittLaw.com CRN Response If this document contains an excerpt from an American Integrity Insurance Policy (“the Policy”) it is provided here for informational purposes only. This excerpt is not the official version of the Policy. The official version of the Policy is the policy issued to the Insureds on the policy effective date. In the event there is inconsistency between this document and the Policy, the Policy shall serve as the official version. Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. F.S. 817.234
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