Civil Remedy Notice of Insurer Violations
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Filing Number:     813684
Filing Accepted:  3/28/2025
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Complainant
Last/Business Name *  
NWC PROPERTIES II, LLC   First Name  
Street Address * 434 GOLDEN BEACH DRIVE
City, State Zip * GOLDEN BEACH, FL 33160
Email Address * CHRIS@MARANGESLAW.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   THUNDER DEMOLITION, INC.   First Name  
Policy # * ECP204083711 Claim #* 74 PC 4097924
Attorney
Attorney is Applicable
Last Name* MARANGES First Name * CHRISTOPHER Initial J
Street Address* 2255 GLADES ROAD, SUITE 324A
City, State Zip* BOCA RATON , FLORIDA 33434
Email Address * CHRIS@MARANGESLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   NAUTILUS INSURANCE COMPANY
NAIC Company Code 17370
 
Name of individual responsible for violation (if any):* HELEN A. FARRELL
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
Other : Using an adjuster that has no qualifying appointment
* Statutory provision(s) which the insurer allegedly violated.
 
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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

As the filer is a third party claimant, it does not have a copy of the policy at issue here.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

NWC Properties II, LLC "Claimant") hired the insured, Thunder Demolition, Inc. (the "Insured"), to perform certain services at the property it owns located at 16449 NE 31st Avenue, North Miami Beach, Florida (the "Property"). The insured caused significant damage to the Property which led the seawall on the Property to collapse. The Claimant promptly notified Nautilus of the claim, and Nautilus acknowledge the claim, assigning it claim number 74 PC 4097924 (the "Claim"). Nautilus also assigned Helen A. Farrell to adjust the loss on its behalf. Despite holding a non-resident adjuster licenses for the state of Florida, however, Ms. Farrell does not have a valid, qualifying appointment. In fact, Ms. Farrell's last valid, active appointment expired on December 27, 2021. By failing to fully compensate the Claimaint for the loss to the Property and by improperly using an adjuster without an active, qualifying appointment, the Insurance Company has not only breached its own Policy, but it has also violated Section 627.70131 (5)(a), Florida Statutes. Further, the Insurance Company’s refusal to properly and timely investigate, adjust, and compensate the Insured for the claim undoubtedly evidences the Insurance Company’s violation of Section 626.9541(1)(i)(3)(a), Florida Statutes, which requires the Insurance Company to “adopt and implement standards for the proper investigation of claims.” All available information leads to one conclusion—the Property suffered damages as the result of a covered cause of loss for which the Claimant is entitled to full and complete compensation. The Insurance Company’s obligation to promptly settle the Claim is undeniable and, therefore, the Insurance Company has also violated Fla. Stat. Sections 624. 155(1)(b)(1) and 624.155(1)(b)(3). The actions taken by the Insurance Company in the handling and adjustment of the Claim are willful, wanton, and in disregard for the Insured’s rights, and have occurred with such frequency as to indicate a general business practice in violation of the law. The Insurance Company’s actions amount to, but are not limited to: A. “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 the insured[s] and with due regard for [their] interests;” B. “Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear;” C. “Failing to acknowledge and act promptly upon communications with respect to claims;” D. “Denying claims without conducting reasonable investigations based upon available information;” E. “Failing to promptly provide a reasonable explanation in writing to the insured[s] 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;” F. “Failing to adopt and implement standards for the proper investigation of claims;” G. Claim Denial; H. Claim Delay; and I. Unfair Trade Practices In addition to the above statutory violations, the Insurance Company’s adjuster violated the following ethical requirements of Florida Administrative Code 69B-220.201: (3) Code of Ethics . . . An adjuster shall put the duty for fair and honest treatment of the claimant above the adjuster’s own interests in every instance. The following are standards of conduct that define ethical behavior, and shall constitute a code of ethics that shall be binding on all adjusters: (b) An adjuster shall treat all claimants equally. 2. An adjuster shall adjust all claims strictly in accordance with the insurance contract. (c) An adjuster shall not approach investigations, adjustments, and settlements in a manner prejudicial to the insureds. (d) An adjuster shall make truthful and unbiased reports of the facts after making a complete investigation. (e) An adjuster shall handle every adjustment and settlement with honesty and integrity, and allow a fair adjustment or settlement to all parties without any remuneration to himself except that to which he is legally entitled. (f) An adjuster, upon undertaking the handling of a claim, shall act with dispatch and due diligence in achieving a proper disposition of the claim. (o) An adjuster shall not undertake the adjustment of any claim concerning which the adjuster is not currently competent and knowledgeable as to the terms and conditions of the insurance coverage, or which otherwise exceeds the adjuster’s current expertise. In Florida, the work of adjusting insurance claims engages the public trust. During the adjustment of this claim, the Insurance Company breached this duty by failing to adhere to and comply with the above referenced obligations. To cure the defects outlined above, the Insurance Company must: A. Immediately pay the Claimant or all of the losses suffered as a result of the subject claim, and B. Assign this Claim to a licensed adjuster with an active, qualifying appointment.
Comments
User Id Date Added Comment
jsmock@berkleyenvironmental.com 04-25-2025 Nautilus Insurance Company acknowledges receipt of the Civil Remedy Notice filed by NWC Properties II, LLC (“NWC”) and Chris Maranges Law. We have reviewed the allegations contained in the Notice and provide the following response: 1. Investigation and Findings: Upon thorough investigation, Nautilus Insurance Company has determined the claim was handled in accordance with the terms and conditions of the liability policy, ECP2040837-11, issued to Thunder Demolition, Inc. The allegations made against Nautilus Insurance Company by NWC allege Nautilus failed to adopt and implement standards for the proper investigation of claims. Nautilus disputes this allegation. Nautilus received the First Notice of Loss from Jonathan Mendez of Thunder Demolition on 1/15/25. This notice provided the contact information for the party filing the claim against Thunder Demolition, Dexter Corp., and Alexander Kupchik, project manager. The loss was assigned to Helen Farrell, holding a valid FL adjuster license E047868 On 1/16/25, Nautilus retained All Claims Adjustment Company (“All Claims”) to inspect the property and to interview Thunder Demolition’s Rory Herrera and Alexander Kupchik. The All Claims adjuster assigned was Tashynnette Silva Lopez (Villegas), holding a valid FL adjuster license W860207. On 1/17/25, Nautilus received notification that Stellar Public Adjusting Services (“Stellar”) was retained to assist the “above-listed insured”—Thunder Demolition—with regard to the claim. We believe the communication meant Stellar was retained to represent NWC and/or Dexter Corp. On 1/25/25, we received notification from All Claims that the property inspection and interview with Rory Herrera had occurred. However, Mr. Kupchick did not respond to calls or emails, advising him that the inspection would occur on 1/25/25. Mr. Kupchick responded on 1/25/25, when he indicated that the inspection was scheduled, and with the short notice, he could not attend. The inspection went forward as planned, as the repairs were due to begin the following week. Nautilus advised Stellar Adjusters that Dexter Corp. or NWC provided sufficient documentation to support the allegations made against Thunder. While Stellar requested copies of our investigation, the request was denied as this report is the carrier’s product. We reminded Stellar that Dexter and NWC must prove their allegations against Thunder and mitigate their damage. A final decision was based on the liability dispute and the language in the contract between Thunder Demolition and NWC, which precludes liability for pre-existing conditions and damage caused by vibrations. The denial was issued on 04/15/2025. This Civil Remedy Notice was filed before Nautilus could formally communicate its position in writing. We have attached that communication to this response. Misrepresenting pertinent facts or insurance policy provisions related to coverages at issue. Nautilus disputes this position. There was no misrepresentation of the facts surrounding the incident. All communication involved investigative findings supported by the independent adjuster's inspection and interviews. Nautilus had no coverage communication with Dexter or NWC, as they are not named insureds on the Nautilus policy issued to Thunder Demolition. Failing to acknowledge and act promptly upon communications with respect to claims. Nautilus disputes this position. There was an immediate response to all communications requesting that the property owner, the construction manager, or the Public Adjusting Company provide documentation supporting their allegations that Thunder is responsible for the seawall collapse.
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