Civil Remedy Notice of Insurer Violations
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Filing Number:     813456
Filing Accepted:  3/27/2025
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Complainant
Last/Business Name *  
3064 DAYTONA, LLC   First Name  
Street Address * 999 PONCE DE LEON BLVD, SUITE 945, CORAL GABLES, FL 33134
City, State Zip * CORAL GABLES, FL 33134
Email Address * AMEDEROS@MOISESGROSS.COM
Complainant Type: * Insured
Insured
Last/Business Name*   3064 DAYTONA, LLC   First Name  
Policy # * AL92-001152-00 Claim #* SWYCSCP00156
Attorney
Attorney is Applicable
Last Name* MEDEROS First Name * ANTOINETTE Initial
Street Address* 999 PONCE DE LEON BLVD, SUITE 945
City, State Zip* CORAL GABLES , FLORIDA 33134
Email Address * AMEDEROS@MOISESGROSS.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   CLEAR BLUE SPECIALTY INSURANCE COMPANY
NAIC Company Code 37745
 
Name of individual responsible for violation (if any):* N/A
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Unfair Trade Practice
Unsatisfactory Settlement Offer
Claim Delay
* 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)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
626.9541(1)(i)(3)(j) Altering or amending an insurance adjuster’s report without: (I) Providing a detailed explanation as to why any change that has the effect of reducing the estimate of the loss was made; and (II) Including on the report or as an addendum to the report a detailed list of all changes made to the report and the identity of the person who ordered each change; or (III) Retaining all versions of the report, and including within each such version, for each change made within such version of the report, the identity of each person who made or ordered such change;
* 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 subject insuring agreement in the policy, and that portion of the policy that provides coverage for the damage to the dwelling caused by and as a result of Hurricane Irma. BUILDING COVERAGE PROVISION BUSINESS INCOME COVERAGE PROVISION All additional coverage provisions; All coverage provided by endorsement or rider; The declarations page; Loss payment or settlement provision; Duties in the event of loss; All terms and conditions of Section 1 of the insurance policy; The insurance policy definition section; The insurance policy exclusion of coverage provisions; All insurance Policy provisions that provide coverage to the insured property. All policy provisions
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

In consideration of the premium paid to it by 3064 DAYTONA, LLC, ("Insured"), CLEAR BLUE SPECIALTY INSURANCE COMPANY ("Insurer"), issued a policy of insurance number AL92-001152-00 for the property located at 3064 SOUTH ATLANTIC AVENUE, DAYTONA BEACH SHORES, FL 32118. Said policy was in full force and effect when the Insures suffered damage to the property as a result of Hurricane IAN on or around 9/28/2022. The Insured timely reported the loss and requested the Insurer investigate the loss and promptly issue payment in order to bring the property back to its pre-loss condition and prevent further damage to the property. The Insurer's subsequent handling and adjustment (or lack thereof) of the above referenced claim is indicative of what can only be described as a broad and systemic failure to adopt and/or implement standards for the proper and timely investigation of its insured's claims. Specifically, the subject underpayment of the alleged damages were intentional and deliberate. These actions on the part of the Insurer were done in an effort to manipulate the Insured into accepting less indemnification value than what the policy affords knowing that this would be insufficient to return the Insured's property to its pre-loss condition. Considering the above, it is abundantly clear that the Insurer has breached its duty of good faith and fair dealing to the Insured by failing to thoroughly, accurately, and promptly investigate and settle the Insured's claim. Moreover, Insurer has failed to adjust this loss consistent with the terms of their own policy. Such violations are willful and intentional and not only represent a breach of the policy of insurance, but also a breach of its statutory duties. Furthermore, it has become apparent that the insured had an estimate of damages in excess of what was initially paid out as early as March of 2023 and refused to issue additional funds to the insured. Due to the foregoing, the Insured has been damaged. In order to remedy the above defects, Insurer must do the following: 1. Pay the full value of the insured's claim; 2. Pay statutory interest on the amount of unpaid damages; 3. Act fairly and honestly toward the Insured with due regard for their interests in attempting to resolve the claim; 4. Cease and desist all present and future bad faith actions with regard to the claim; 5. Implement standards for the proper investigation of claims; 6. Stipulate to the Insured's entitlement to attorney's fees and court costs pursuant to Florida Statutes, 627.428 and pay the amount of fees and costs incurred.
Comments
User Id Date Added Comment
phaines@glasgowlawfirm.com 05-23-2025 May 23, 2025 VIA ELECTRONIC FILING Department of Financial Services Bureau of Consumer Assistance Civil Remedy Department State of Florida 200 East Gaines Street Tallahassee, Florida 32399 Re: Response to Civil Remedy Notice of Insurer Violation Complainant: 3064 Daytona, LLC Insureds: 3064 Daytona, LLC Insurer: CLEAR BLUE SPECIALTY INSURANCE COMPANY Policy No.: AL92-001152-00 Claim No.: SWYCSCP00156 DFS File No.: 813456 File Acceptance Date March 27, 2025 To Whom It May Concern: Please allow this correspondence to serve as CLEAR BLUE SPECIALTY INSURANCE COMPANY formal response to Complainant 3064 Daytona LLC (“Complainant”) Civil Remedy Notice of Insurer Violations (“CRN”), which was filed with the Florida Department of Financial Services on March 27, 2025. At the outset, please be advised that CLEAR BLUE SPECIALTY INSURANCE COMPANY denies each allegation set forth in the CRN, either explicitly or implicitly, and denies any wrongdoing in the handling of Claim No. SWYCSCP00156. At all times relevant to this matter, CLEAR BLUE SPECIALTY INSURANCE COMPANY has acted fairly and with due diligence in its handling of this claim. The parties reached a confidential settlement agreement regarding all matters related to this claim. In the instant CRN, the Complainant alleged that CLEAR BLUE SPECIALTY INSURANCE COMPANYviolated several Florida statutes during its handling of Claim No. SWYCSCP00156. However, the instant CRN does not identify any specific acts or omissions by CLEAR BLUE SPECIALTY INSURANCE COMPANY. Further, the instant CRN does not identify any specific acts or omissions by CLEAR BLUE SPECIALTY INSURANCE COMPANY which allegedly constitute a violation of the listed statutes. In Florida, a civil remedy notice must state the facts and circumstances that give rise to an alleged violation with sufficient specificity to allow an insurer to cure the alleged violation within the sixty-day statutory period. Lane v. Westfield Insurance Company, 862 So.2d 774 (Fla. 5th DCA 2003), Talat Enterprises, Inc. v. Aetna Casualty and Surety Co., 753 So.2d 1278 (Fla. 2000). As the instant CRN fails to meet this threshold, it must fail. Furthermore, the instant CRN does not identify any provisions of the applicable CLEAR BLUE SPECIALTY INSURANCE COMPANY insurance policy which were allegedly violated and it does not identify what specific acts or omissions by CLEAR BLUE SPECIALTY INSURANCE COMPANY which allegedly constitute a violation of the applicable insurance policy. Florida law requires that a complainant identify any specific policy language relevant to a claimed violation as well as any specific acts which purportedly violate said policy provisions. Id. As the instant CRN fails to identify any provisions of the applicable CLEAR BLUE SPECIALTY INSURANCE COMPANY insurance policy which were allegedly violated, it does not meet the requirements set forth under applicable Florida law, and must fail. As noted above, CLEAR BLUE SPECIALTY INSURANCE COMPANY maintains that it complied with all applicable Florida statutes in its investigation and/or adjustment of this claim and would deny all allegations to the contrary. Because CLEAR BLUE SPECIALTY INSURANCE COMPANY has acted in good faith at all times during the investigation and/or adjustment of the subject claim, and because it wishes to dispel even the inference of any violation, it felt it instructive to provide a brief summary of the pertinent claim history below. The Complainant reported that the subject property sustained damage as a result of Hurricane Ian. Following its investigation of the claimed damage, CLEAR BLUE SPECIALTY INSURANCE COMPANY issued its coverage position in accordance with the terms and conditions of the subject policy. As demonstrated in this recitation of the pertinent claim history, CLEAR BLUE SPECIALTY INSURANCE COMPANY acted in good faith and complied with all applicable Florida statutes in its investigation and/or adjustment of Claim No. SWYCSCP00156. To the extent that this reply does not fully address or respond to the allegations set forth in the CRN, such deficiency is a direct result of the lack of specificity and the overall vague nature of the allegations contained therein. Notwithstanding, CLEAR BLUE SPECIALTY INSURANCE COMPANY states that the above facts demonstrate that it has at all times acted in good faith and wholly denies that it acted otherwise at any time during the investigation and/or adjustment of the subject claim. In the event this matter is not pursued further, the Department may consider this letter to be Clear Blue Insurance Company's report on the final disposition of any alleged violation. If anyone at the Department has any questions concerning this matter, please do not hesitate to contact us. Thank you. Very truly yours, /s/ Gina S. Glasgow Gina S. Glasgow GSG/ph
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