Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 813847

Filing Accepted: 3/31/2025

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Complainant

Last/Business Name *

PUBLIC ADJUSTER

First Name

BAY AREA

Street Address *

PO BOX 55369

City, State Zip *

SAINT PETERSBURG, FL 33732

Email Address *

JENNIFER@BAYAREAPA.COM

Complainant Type: *

Insured

Last/Business Name*		MAKUS		First Name		LISA
Policy # *		06249971		Claim #*		202411018482

Attorney

Attorney is Applicable

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		SLIDE INSURANCE COMPANY
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 17227

Name of individual responsible for violation (if any):* MAYA TURNIPSEED
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Claim Delay
	Unsatisfactory Settlement Offer
	Unfair Trade Practice
	Other : Failure to adjust in 60 days

* 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)(c)		Failing to acknowledge and act promptly upon communications with respect to claims.
	626.9541(1)(i)(3)(e)		Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed.

* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Reference to specific policy language that is relevant to the violation SECTION I - PROPERTY COVERAGES A. Coverage A - Dwelling 1. We cover: a. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling, and SECTION I - PERILS INSUREDAGAINST A. Coverage A - Dwelling And Coverage B - Other Structures 1. We insure against risk of direct physical loss to property described in Coverages A and B. Loss Payment We will adjust all losses with you. We will pay you unless some other person is named in the policy or is legally entitled to receive payment. Loss will be payable 60 days after we receive your proof of loss In addition, it is believed that the following policy provisions are applicable: Duties in event of loss policy provision All terms, conditions and sections of the insurance policy, including, but not limited to: Section 1 of the insurance policy Property coverages Section 1 - perils insured against Coverage A- dwelling We insure against risk of direct physical loss to property described in coverages A and B. FLORIDA ADMINISTRATIVE CODE SECTIONS VIOLATED In addition to the statutory violations referenced above, the Insured states that Slide violated the following Florida Administrative Code Sections: 69B-220.201(3)(a) 69B-220.201(3)(b) 69B-220.201(3)(c) 69B-220.201(3)(e) 69B-220.201(3)(f) 69B-220.201(3)(m) Adjuster shall disclose all financial interests and any direct or indirect aspect of an adjusted transaction. An adjuster shall treat all claims equally. An adjuster shall not provide favored treatment to any claimant. Adjuster shall adjust all claims strictly in accordance with the insurance contract. An adjuster shall never approach investigations, adjustments, and settlements in a manner prejudicial to the insured. An adjuster shall handle every adjustment and settlement with honesty, integrity, and allow fair adjustment or settlement to all parties without any remuneration to himself except to that which he is legally entitled. An adjuster, upon undertaking the handling of a claim, shall act with dispatch and due diligence in achieving a proper disposition thereof. An adjuster shall not knowingly fail to advise a claimant of their rights in accordance with the terms and conditions of the contract and applicable laws of the state of Florida.

* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

To enable the insurer to investigate and resolve your claim, describe the facts and circumstances giving rise to the insurer's violation as you understand them at this time. In Florida, the work of adjusting insurance claims engages the public trust. Slide has breached the public’s trust by its adjustment of Lisa Makus’s (“Insured”) claim of loss. The insured filed a claim for hurricane damage. The carrier’s field adjuster inspected the damages but the carrier failed to remit the ACV line item adjustment within 60 days. The inured then sent the carrier a notice of intent for not adjusting the claim. The carrier sent the adjustment following the notice of intent. The carrier manually altered the scoping and pricing of the insured’s adjustment which is against ethics and codes of conduct that govern how claims are to be managed and carried out by the carrier More specifically, Maya Turnipseed, the desk adjuster whom was assigned the claim The insured did not agree with the adjustment and demanded appraisal to which the carrier elected not to participate in but rather insisted that the insured take part in a mediation. To date Maya Turnipseed has not filed for mediation and notification from the carrier that mediation was forthcoming was made on February 24, 3035. Five weeks has passed and mediation was never filed by the carrier and the carrier has ignored and refused to address the insured’s dispute regarding their damages. The original scope of loss submitted to the carrier only contained the original damages observed by the insured’s public adjuster. Upon meeting with the field adjuster the home showed additional damages that the insured has since asked the public adjuster to add to the scope of loss. The additional damages were in fact reported by the carrier’s field adjuster however the desk adjuster crossed through the line items removing them from scope upon submitting the altered undisputed ACV adjustment post NOI filing. Updated scope of loss will be provided to the carrier if the carrier has not been supplied the updated loss upon the filing of the civil remedy notice. At this time the insured will move forward with litigation since the carrier is not interested in actually properly addressing and settling the damages sustained by the insured. Slide has failed to create and implement adequate guidelines for the proper investigation and evaluation of claims, claims handling, and for training and supervision of employees resulting in statutory violations as set forth above in paragraph No. 5. Slide has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the Insured’s insurance claim for damages. Notwithstanding the Insured’s timely notification to Slide of the insurance claim, Slide has failed or refused to settle the Insured’s claim in a timely manner and/or adjust the loss with the Insured. Slide has failed to promptly settle its Insured’s insurance claim when the obligation to settle the insurance claim had become reasonably clear. To date, notwithstanding the Insured’s pleas otherwise, Slide has continued to refuse to acknowledge its obligation to conduct a proper investigation, and to tender the insurance monies due and owing its Insured under the policy. This claim involves the Insured’s property located at 15047 Citrus Grove Blvd., Loxahatchee, FL 33470-4682 which suffered a sudden loss caused by wind on or about 10-09-2024. The Insured made application for insurance benefits under the Policy No. 06249971, under Claim No. 202411018482. Slide partially accepted coverage for the loss, however, has failed to pay the full amount of benefits due to the Insured. The insureds utilized the services of a licensed public adjuster who inspected the insureds’ property and determined that the loss was a covered loss and had caused $97,793.43 in damages after the deductible. The insureds’ public adjuster prepared an estimate for the insureds using XACTIMATE software that incorporated standard industry pricing and accurately reflects the repairs necessary to return the insureds’ property to its pro-loss condition. The Insured was, and still is, forced to expend out of pocket monies to submit the insurance claim, e.g., retaining legal counsel and other experts to force Slide to honor its obligations under the insurance policy and to pay all the insurance proceeds due and owing to the Insured. Slide adjusted the loss and tendered insurance benefits of $6972.71 and has refused and/or failed to tender additional insurance proceeds due and owing to the Insured. Slide’s refusal and/or failure to settle the insurance claim when under all circumstances it could have and should have done so had it acted fairly and honestly towards its Insured is wrongful conduct. Furthermore, the Insured contends that Slide’s adjusters and/or representatives financially benefit from such wrongful conduct. Therefore, to cure the defects outlined in this Civil Remedy Notice, Slide must: (1) (2) Slide must tender to the Insured, $97,793.43, plus interest and Slide must act fairly and honestly towards its Insured and with due regard for the Insured’s interests in attempting to settle its Insured’s claim.

Comments

User Id		Date Added		Comment
jpatino@slideinsurance.com		05-19-2025		May 19, 2025 Via E-mail & Posting on DFS Website Bay Area Public Adjuster PO BOX 55369 SAINT PETERSBURG, FL 33732 JENNIFER@BAYAREAPA.COM RE: Insured: Lisa Makus Claim No: 202411018482 Policy No: 06249971 Date of loss: 10/09/2024 CRN Filing No.: 813847 To whom it may concern: Please allow this correspondence to serve as Slide Insurance Company’s (“Slide”)’s response to the Civil Remedy Notice (“CRN”) that was filed on behalf of Lisa Makus (“Insured”). Herein, we include a brief factual history of the underlying claim and actions by Slide which reveals it has acted properly in responding to the underlying claim and in compliance with its contractual and legal obligations. Slide denies each and every allegation brought forth in the CRN and denies any wrongdoing in the handling of the underlying claim. Additionally, Slide denies violating any Florida Statute or Administrative Code as set forth more specifically herein. Moreover, Slide denies violating any provisions or duties set forth in the applicable policy of insurance. Slide further states that the facts and circumstances that are set forth in the CRN, while incomplete and misleading, do not give rise to any violation of any statute or policy provision referenced in the Notice. Furthermore, Slide challenges the validity of the CRN for not identifying the specific policy language they claim Slide failed to follow. See, e.g., Julien v. United Prop. & Cas. Ins. Co., 311 So.3d 875, 879 (Fla. 4th DCA 2021) (affirming dismissal for civil remedy notice’s failure to either strictly, or substantially, comply with statutory specificity requirement); Demase v. State Farm Florida Insurance Company, 351 So.3d 136, 138-39 (Fla. 5th DCA 2022) (holding that the trial court properly determined that a CRN that failed to state with specificity the relevant policy language was legally insufficient). Finally, the Notice is improper as the Insured failed to establish that Slide breached the policy of insurance, as required by Fla. Stat. § 624.1551. CLAIM FACTS The underlying claim was reported as a claim for damages from Hurricane Milton on November 26, 2024. On December 26, 2024, Slide sent Independent Adjuster to inspect the insured property. Based on Slide’s investigation and evaluation of the claim, Slide issued its determination letter and undisputed payment. Thus, Slide maintains that it has acted in accordance with the terms of the subject insurance policy, and the law, and has acted in good faith towards the Insured. Slide denies that it violated any statutes or committed the acts asserted in the CRN. Slide neither waives nor is estopped from asserting any and all rights that it may have in law or under the terms of the policy. Slide expressly reserves all such rights without exception or limitation. REASONS FOR THE NOTICE The CRN alleges multiple reasons for the filing of the Notice. However, no specific facts or circumstances are provided to support these allegations. Notwithstanding, Slide denies each and every allegation individually as follows: 1. Claim Delay: Slide denies any delay in the claims handling process of the underlying loss as is evident from the facts outlined above. Slide promptly acknowledged the claim and timely initiated its investigation of the loss including an inspection of the subject property. Slide acted in accordance with its duties and obligations pursuant to the policy of insurance and responded appropriately to information and documentation that was provided. Thus, Slide asserts that this allegation is without basis and therefore denied. 2. Unsatisfactory Settlement Offer: Slide thoroughly investigated the loss upon receipt of the underlying claim and ultimately issued payment amount to return property to its pre-loss condition. Zero evidence of a faulty or deficient settlement offer has been presented, as such Slide denies this allegation. 3. Unfair Trade Practice: There is no basis for this allegation, thus it is wholly denied. The Insured has submitted no facts or circumstances to support this allegation. The handling and administration of this claim occurred with the expediency and timeliness allowed by the statutory requirements imposed upon Slide. At no time did Slide, its agents, or its employees delay the handling, administration, or disposition of this claim. The facts show that Slide acted promptly with respect to the investigation of the underlying claim and made communications as necessary to adjust the claim in a prompt and appropriate manner. Information necessary and relevant to the proceeding of the claim was communicated to the Insured or their representatives in an appropriate and timely manner. 4. Failure to Adjust in 60 days: Slide adjusted the underlying claim as efficiently as possible under the circumstances of three back-to-back hurricanes in the 2024 hurricane season. Slide ultimately issued payment necessary to return the property to pre-loss condition on February 12, 2024 along with statutory interest for measure time beyond the 60 day mark which fell on January 26, 2024, just over 2 weeks after deadline. Slide’s adjusters have at all times acted fairly and honestly and in good faith towards the Insured in the adjustment of the underlying claim, treating all insureds equally. Slide asserts its full and strict compliance with the requirements of Florida law and the policy of insurance. ALLEGED STATUTORY VIOLATIONS The CRN alleges three (3) statutory violations. However, no specific facts or circumstances are provided to support these allegations. Notwithstanding, Slide denies each and every allegation of statutory violation individually as follows: 1. 624.155(1)(b)(1): Denied. The underlying claim was investigated and adjusted in as thorough and expedient a manner as possible. Following the investigation and evaluation of the underlying claim, payment was tendered to the Insured. Moreover, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 2. 626.9541(1)(i)(3)(c): Denied. This allegation is without basis. Slide has consistently acted promptly upon all communications with respect to this claim as previously outlined. Slide has adjusted the underlying loss in as thorough and expedient a manner as possible. Moreover, Slide routinely communicated with the Insured and/or their representatives regarding the underlying claim. Thus, Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Any assertions to the contrary are unsupported by the facts. 3. 626.9541(1)(i)(3)(e): Denied. This allegation is without basis. As referenced in the factual narrative above, Slide investigated the reported claim and issued payment(s). There is simply no support for this allegation and Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. ALLEGED VIOLATIONS OF THE INSURANCE POLICY The CRN fails to allege specific violations of the insurance policy and provides no specific facts or circumstances of wrongdoing. The boilerplate CRN merely sets forth blanket allegations of wrongdoing, without further information. As such, the CRN is defective, as it failed to specifically identify the policy language that is the subject of the alleged violation, and further failed to include sufficient facts to put Slide on notice of the alleged violations. Notwithstanding, Slide denies any and all allegations of policy violations. All actions by Slide were done in compliance with the applicable Policy. As indicated above, Slide thoroughly investigated the reported loss including inspection of the Insured’s property. Thus, it is clear that Slide has acted in compliance with the Policy. Slide asserts that it has at all times complied with the terms of the Policy and has complied with all applicable provisions of the Policy and Florida Statutes in the handling of this matter. STATEMENTS AS TO CURING THE DEFECTS OUTLINED IN THE NOTICE The CRN asserts that Slide must tender all insurance benefits due and owing. Nevertheless, the method for curing violations alleged in a Civil Remedy Notice is not determined by the Insured. Talat Enterprises, Inc. v. Aetna Casualty Surety Co., 753 So. 2d So. 2d 1278 (Fla. 2000). Accordingly, Florida Statutes Section 624.155 does not impose on an insurer the obligation to pay whatever the Insured’ demands. Section 624.155(2)(d) would have no effect or purpose under such an interpretation. Thus, Slide reasserts that it has acted in good faith towards its Insured at all times. Slide references to all the facts herein, which unequivocally demonstrate Slide’s expedient and timely administration of the Insured’s claim. Slide further asserts its full and strict compliance with the Policy and reiterates that it has acted properly in responding to the underlying claim in compliance with its contractual and legal obligations. Slide denies any wrongdoing in the handling of the underlying claim. Additionally, Slide denies violating any Florida Statute, Administrative Code, or code of ethics. CONCLUSION In conclusion, the documented facts of this claim establish that Slide acted diligently in its claims response and adequately performed its obligations under the policy of insurance and Florida law. Thus, the facts contradict all allegations that Slide has in any manner acted improperly or contrary to its contractual obligations to the Insured in this claim. Herein, Slide has attempted to fully and adequately respond to the allegations the Insured allege in the Civil Remedy Notice of Insurer Violation filed with the Department. Should there be any questions or further inquiry with respect to this matter, please contact the undersigned at (727) 359-9802 or at jpatino@slideinsurance.com. Sincerely, /s/ John Patino John Patino, Esq. Staff Counsel

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