Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 814155

Filing Accepted: 4/1/2025

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Complainant

Last/Business Name *

STROUDS BARBEQUE & GRILL, LLC

First Name

Street Address *

37 N ATLANTIC AVE

City, State Zip *

DAYTONA BEACH, FL 32118

Email Address *

FIRM@FLORIDAINSLAW.COM

Complainant Type: *

Insured

Last/Business Name*		STROUDS BARBEQUE & GRILL, LLC,		First Name
Policy # *		7438995465		Claim #*		05000002423

Attorney

Attorney is Applicable

Last Name*	CIOCCHETTI First Name * MICHAEL Initial
Street Address*		125 NORTH RIDGEWOOD AVENUE, SUITE 100
City, State Zip*		DAYTONA BEACH , FLORIDA 32114
Email Address *		FIRM@FLORIDAINSLAW.COM

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		FRONTLINE INSURANCE UNLIMITED COMPANY
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 10074

Name of individual responsible for violation (if any):* JANISSE BRINKLEY
Type of Insurance * Commercial Property & Casualty

Reason for Notice *

	Unsatisfactory Settlement Offer
	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)(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.
	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.

* 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 Building Coverage and Business Interruption Coverage portions of the Policy is relevant to the Claim.

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

This complaint is made on behalf of the insured, STROUDS BARBEQUE & GRILL LLC. Further, this complaint is a statement that notice is hereby given in order to perfect the right to pursue the civil remedy pursuant to Florida Statute §624.155. In consideration of the premium paid to it, the carrier, FRONTLINE INSURANCE UNLIMITED (“Carrier”), issued a policy, Policy No. 7438995465, to STROUDS BARBEQUE & GRILL LLC (“Insured”) where the policy provided coverage for all losses, except those losses which were expressly excluded, for the property located at 37 N Atlantic Ave, Daytona Beach, FL 32118 (“Insured Property”). The policy was in full force and effect at the time the damage occurred from Hurricane Milton, and the ensuing damages as a direct result thereof, to the Insured Property, on or about October 10, 2024. Thereafter, the Carrier was timely notified of the Loss. In particular, the Carrier was put on notice of covered direct damages and ensuing damages and of the request that a claim be opened pursuant to the terms and conditions of the Policy. Claim number 05000002423 (“Claim”) was assigned to the Loss. The Carrier sent an adjuster to the Insured Property to perform an inspection. The Carrier performed a cursory inspection of the Insured Property and failed to retain unbiased experts necessary to scope the entirety of the Loss and covered repairs necessary to restore the Insured Property to its pre-loss condition. This was done deliberately by the Carrier to undervalue portions of the claim. The Carrier knows its aforementioned investigation is insufficient and that it has failed to provide proper payment to restore the property to its pre-loss condition. This inspection placed The Carrier on notice of the severity of the Loss. Thereafter, the insured sought the assistance of a public adjuster who ensured the proper estimating of the loss and compliance with all Policy conditions. The public adjuster submitted a comprehensive estimate to the Carrier for the full scope of damages to the Insured Property. In addition, a Sworn Statement and Proof of Loss (“SPOL”) was provided, on or about January 22, 2025. The Carrier disregarded this comprehensive estimate and SPOL and, instead, underpaid the Claim. The Carrier has refused to reassess its payment of benefits and the basis of the payment and has refused to properly adjust and settle the Claim. The Carrier violated the provisions of Florida Statute §624.155(1)(b)(1) by failing to attempt in good faith to resolve this claim when, under all circumstances, it could and should have done so had it acted fairly and honestly toward its insured with a due regard for their interest. When the Carrier was confronted with a comprehensive estimate and verifiable cause of Loss, the Carrier chose to underpay the Insured’s valid Claim for extensive damages that exceed the amount paid. The Carrier violated the provisions of Florida Statute §626.9541(1)(i)(2) by materially misrepresenting to the Insured that Policy coverage was unavailable for the Insured’s Claim and Loss to the Insured Property. This misrepresentation was made in an attempt to underpay the Insured’s Claim and escape without paying for the full extent of substantial damage. The Carrier violated the provisions of Florida Statute §626.9541(1)(i)(3)(a) by failing to adopt and implement standards for the proper investigation of claims. When confronted with a comprehensive estimate and verifiable cause of Loss, the Carrier apparently had no system or standards prepared or implemented which would allow it to evaluate the Claim as submitted by its Insured. The Carrier violated the provisions of Florida Statute §626.9541(1)(i)(3)(b) by misrepresenting pertinent facts or insurance policy provisions relating to the coverage at issue. This has been discussed fully hereinabove. The Carrier can cure these violations by payment, within 60 days of the date hereof, of all funds contractual owed to the Insured under the terms and conditions of the Policy.

Comments

User Id		Date Added		Comment
taylor@floridainslaw.com		06-02-2025		The Carrier has resolved the Civil Remedy Notice to the satisfaction of the Insured, and the Insured hereby withdraws the instant CRN.

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