Civil Remedy Notice of Insurer Violations
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Filing Number:     813360
Filing Accepted:  3/27/2025
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Complainant
Last/Business Name *  
PRESTIGE CONSTRUCTION SERVICES LLC   First Name  
Street Address * 504 N. PALM DR
City, State Zip * PLANT CITY, FL 33566
Email Address * BO.SUTTON@THOMPSONJAGLAL.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   G & S STUCCO OF TAMPA INC   First Name  
Policy # * SGL0000231-00 & SGL0000504-00 Claim #* N/A
Attorney
Attorney is Applicable
Last Name* SUTTON First Name * ROUSELLE Initial A
Street Address* 4767 NEW BROAD STREET
City, State Zip* ORLANDO , FL 32814
Email Address * BO.SUTTON@THOMPSONJAGLAL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   ARCH SPECIALTY INSURANCE COMPANY
NAIC Company Code 21199
 
Name of individual responsible for violation (if any):* COMPANY-WIDE
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
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)(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.
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.

Arch Specialty Insurance Company has refused to acknowledge an arbitration demand made against its insured and its additional insured. Arch Specialty Insurance Company has refused to acknowledge a tender of claim against its insured made by its additional insured. Arch Specialty Insurance Company has refused to respond to an arbitration demand made against its insured and its additional insured. Arch Specialty Insurance Company has refused to defend its insured against a pending arbitration. Arch Specialty Insurance Company has refused to defend its additional insured against a pending arbitration. Arch Specialty Insurance Company has refused to provide copies of insured insurance policies Pursuant to Florida Statutes §627.4137 and/or §626.9372.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

G & S Stucco of Tampa Inc performed work for Prestige Construction Services LLC to construct a home located at 10908 Whittney Chase Drive, Riverview, FL 33579. Prestige Construction Services LLC self-performed no work. On June 20, 2024, homeowners filed an arbitration demand against U.S. Home, LLC, successor by conversion to U.S. Home Corporation, for claims arising out of G & S Stucco of Tampa Inc’s work. On November 12, 2024, U.S. Home, LLC f/k/a U.S. Home Corporation filed an arbitration demand against Prestige Construction Services LLC for claims arising out of G & S Stucco of Tampa Inc’s work. On January 22, 2025, Prestige Construction Services LLC filed a third party arbitration demand under case No: 01-24-0006-0867 & 01-24-0008-6796 (Demand). In the third party arbitration demand Prestige Construction Services LLC named G & S Stucco of Tampa Inc as a respondent and alleged G & S Stucco of Tampa Inc was liable claims for arising out of G & S Stucco of Tampa Inc’s work at the residence (10908 Whittney Chase Drive, Riverview, FL 33579). On January 22, 2025, Prestige Construction Services LLC served Arch Specialty Insurance Company with a Notice of Demand for Arbitration under policy No. SGL0000231-00, which was in effect from 4/21/18 – 4/21/19 & SGL0000504-00, which was in effect from 4/21/19 – 4/21/20. In this notice Arch Specialty Insurance Company was requested to: Provide Prestige Construction Services LLC with indemnity, defense and additional insured rights, defend G & S Stucco of Tampa Inc, provide the letter to all affected insurers, participate in early settlement efforts, and provide the requested insurance information. This correspondence was sent to Arch Specialty Insurance Company because it insured G & S Stucco of Tampa Inc who worked on the Project (10908 Whittney Chase Drive, Riverview, FL 33579), G & S Stucco of Tampa Inc’s contract required it to have Prestige Construction Services LLC named as an Additional Insured on all applicable policies. G & S Stucco of Tampa Inc’s February 25, 2019 & April 26, 2019 Certificates of Insurance identifies Prestige Construction Services LLC as an Additional Insured on Arch Specialty Insurance Company Policies SGL0000231-00 for 2018-04-21 to 2019-04-21 & SGL0000504-00 for 2019-04-21 to 2020-04-21. On February 13, 2025, Prestige Construction Services LLC again served Arch Specialty Insurance Company with a follow up Notice of Demand for Arbitration, renewing the same request made on January 22, 2025. This request like the previous, was completely ignored. On February 25, 2025, Prestige Construction LLC again served Arch Specialty Insurance Company with a follow up Notice of Demand for Arbitration, renewing the request made on January 22, 2025. This request like the previous, was completely ignored. On March 9, 2025, Prestige Construction Services LLC again served Arch Specialty Insurance Company with a follow up Notice of Demand for Arbitration, renewing the request made on January 22, 2025. This request like the previous, was completely ignored. On March 14, 2025, Prestige Construction Services LLC again served Arch Specialty Insurance Company with a follow up Notice of Demand for Arbitration, renewing the request made on January 22, 2025. This request like the previous, was also completely ignored. Arch Specialty Insurance Company’s actions have willfully, wantonly, and maliciously placed their own interest above that of its insured G & S Stucco of Tampa Inc and of Prestige Construction Services LLC as an Additional Insured. Currently, arbitration is still pending against both G & S Stucco of Tampa Inc and Prestige Construction Services LLC and Arch Specialty Insurance Company has failed to: respond to notices sent, provide requested copies of the insured coverage policy and failed to defend the insured as required by the policy. Arch Specialty Insurance Company and its adjuster are acting in bath faith.
Comments
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