Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 814002

Filing Accepted: 4/1/2025

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Complainant

Last/Business Name *

LGI HOMES - FLORIDA, LLC

First Name

Street Address *

1450 LAKE ROBBINS DRIVE SUITE 430

City, State Zip *

THE WOODLANDS, TX 77380

Email Address *

LKERR@COGBURNLEGAL.COM

Complainant Type: *

Third Party

Insured

Last/Business Name*		COOGAN WINDOW AND DOOR INC		First Name
Policy # *		AR01-RS-2102848-00; -01; -02		Claim #*		10000141-RC

Attorney

Attorney is Applicable

Last Name*	KERR First Name * LAUREN Initial D
Street Address*		777 S. HARBOUR ISLAND BLVD., SUITE 245
City, State Zip*		TAMPA , FL 33602
Email Address *		LKERR@COGBURNLEGAL.COM

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		CLEAR BLUE SPECIALTY INSURANCE COMPANY
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 37745

Name of individual responsible for violation (if any):* KEVIN CONWAY & LAUREN CISERO (APPLIED CLAIMS GROUP, LLC)
Type of Insurance * Commercial Property & Casualty

Reason for Notice *

	Claim Delay
	Unfair Trade Practice

* Statutory provision(s) which the insurer allegedly violated.

626.9541(1)(i)(2)

A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy.

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

LGI Homes – Florida, LLC (“LGI”) is both a third-party claimant against the named insured, Coogan Window & Door Inc’s (“Coogan”) policies and potentially an additional insured pursuant to the policies (Policy Nos. AR01-RS-2102848-00; -01; -02) (the “Policies”). However, Clear Blue Specialty Insurance Company (“Clear Blue”) has refused to provide a copy of the Policies despite LGI’s statutory request for the same. The brief insurance disclosure Clear Blue provided to LGI states that policy number AR01-RS-2102848-02 contains an endorsement titled “ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS” and numbered CG 20 37 04 13. Endorsement # CG 20 37 04 13 is a standardized form which states: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule . . . The additional insured endorsements on the Policies is presumed to be a “blanket” endorsement which provides coverage to additional insureds where required by contract. Here, such a contract exists between Coogan and LGI. That notwithstanding, LGI is still entitled to a copies of the Policies as described further below.

* 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 because Clear Blue Specialty Insurance Company ("Clear Blue") has failed to provide the insurance policies as required by statute. The Clear Blue policies implicated are policies numbered AR01-RS-2102848-00; -01; -02 (the “Policies”). LGI has been named as a defendant in a lawsuit styled as Sea Forest Beach Club Homeowners Association, Inc., v. LGI Homes – Florida, LLC, which has been filed in Circuit Court of Pasco County, Florida as Case No. 512025CA000559CAAXWS (the “Lawsuit”). The Lawsuit alleges property damage resulting from building envelope claims due to work performed by LGI’s stucco subcontractors, including Clear Blue’s named insured Coogan Window & Door, Inc (“Coogan”). During original construction, Coogan performed work on the project pursuant to the terms and conditions of its subcontract with LGI. Included in the subcontract between LGI and Coogan was a requirement that Coogan would secure commercial general liability ("CGL") insurance and name LGI as an Additional Insured. Coogan purchased at least three policies, the Policies, from Clear Blue, which likely provide products-completed operations coverage for liability because of property damage resulting from Coogan’s work. Because the written subcontract between Coogan and LGI required Coogan to name LGI as an additional insured on its policies of insurance, LGI is presumably an additional insured under the Policies. On July 26, 2024, LGI tendered its defense of the claim to Clear Blue. Within the tender, LGI requested copies of the Policies. On March 13, 2025, LGI again tendered its defense to Clear Blue and requested copies of the Policies. (To date, Clear Blue has failed to provide a coverage determination or a defense to LGI in the Lawsuit). Nearly eight months after the initial tender and request for Policies, on March 19, 2025, Clear Blue issued an insurance disclosure and included the policy declarations, but did not include the Policies. In response, coverage counsel for LGI again requested the Policies pursuant to Fla. Stat. 626.9372, which states, in relevant part: 626.9372 Disclosure statement of certain information required; liability claims.— (1) Each insurer that provides or may provide liability insurance coverage to pay all or a portion of any claim that might be made under surplus lines policies issued on or after October 1, 2009, shall provide, within 60 days after the written request of the claimant, a statement of a corporate officer or the insurer’s claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance: . . . (e) A copy of the policy. Here, LGI is a “claimant” who made three written requests for the Policies. Although the statute does not define a “claimant”, Florida law holds that undefined terms bear their ordinary meaning and that dictionaries are an appropriate source to interpret the undefined term. See, e.g. Department of Children and Families v. Herstein, 399 So. 3d 384 (Fla. 1st DCA 2025). Although the ordinary meaning of a “claimant” is obvious, Black’s Law Dictionary defines “claimant” as “someone who asserts a right or demand”. Here, and again, LGI is a “claimant” because it is asserting (i) rights under the Policies, and (ii) demands against Clear Blue’s named insured Coogan directly and against Coogan’s insurance Policies issued by Clear Blue. Rather than comply with the statute, and in direct contrast to Florida law, Clear Blue advised it was their “company’s position” to withhold the Policies. Clear Blue further acknowledged they are “aware of the statute and send the same information to every tendering party on every FL loss.” Apparently, Clear Blue’s willful violation of the statute is, by its own admission, systemic and intentional. Clear Blue’s refusal to provide the Policies to LGI is knowingly wrongful because LGI is a claimant under the statute, and most likely an additional insured under the Policies, and is therefore entitled to copies of the Policies. LGI is filing this notice in an effort to provide Clear Blue with a last opportunity to deal with LGI in good faith as well as to perfect its right to pursue the remedies provided under Section 624.155, Florida Statutes. Clear Blue can cure by producing the Policies to LGI.

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. 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