Civil Remedy Notice of Insurer Violations
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Filing Number:     818726
Filing Accepted:  5/1/2025
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Complainant
Last/Business Name *  
ODC CONSTRUCTION, LLC   First Name  
Street Address * 5701 CARDER ROAD
City, State Zip * ORLANDO, FL 32810
Email Address * BO.SUTTON@THOMPSONJAGLAL.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   PREMIER CONSTRUCTION USA INC   First Name  
Policy # * AGL0034490-00, AGL0034490-01, AGL0034490-02 & AGL0 Claim #* 000014256510
Attorney
Attorney is Applicable
Last Name* SUTTON First Name * ROUSELLE Initial A
Street Address* 4767 NEW BROAD STREET
City, State Zip* ORLANDO , FL 32814
Email Address * BO.SUTTON@THOMPSONJAGLAL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   ARCH SPECIALTY INSURANCE COMPANY
NAIC Company Code 21199
 
Name of individual responsible for violation (if any):* COMPANY-WIDE
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
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)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(f) Failing to promptly provide a reasonable explanation in writing to the insured 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Policy language cannot be provided at this time because Arch Specialty Insurance Company has refused to provide copies of its policies and other insurance information pursuant to 627.4137 and/or 626.9372. Arch Specialty Insurance Company has refused to acknowledge a lawsuit made against its insured and its additional insured. Arch Specialty Insurance Company has refused to acknowledge a tender of claim against its insured made by its additional insured. Arch Specialty Insurance Company has refused to respond to a lawsuit made against its insured and its additional insured. Arch Specialty Insurance Company has refused to defend its insured against a pending lawsuit. Arch Specialty Insurance Company has refused to defend its additional insured against a pending lawsuit. Arch Specialty Insurance Company refused to attend mediation on April 15, 2025, and refused to protect the interest of its insured and its additional insured.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Premier Construction USA Inc performed work for ODC Construction LLC to construct a townhome building located at 10254 Hartford Maroon Road, Orlando, FL 32827. ODC Construction LLC self-performed no work. On September 6, 2023, the homeowners Association filed suit against ODC Construction LLC, for claims arising out of Premier Construction USA Inc’s work. On February 28, 2024, ODC Construction LLC filed a Fourth-Party Complaint in the Ninth Judicial Circuit, In Orange County Florida under case No 2023-CA-015018-O (Lawsuit). In the suit ODC Construction LLC named Premier Construction USA, Inc as a defendant and alleged Premier Construction USA, Inc was liable claims for arising out of Premier Construction USA, Inc’s work at the residence (10254 Hartford Maroon Road, Orlando, FL 32827). On February 28, 2024, ODC Construction LLC served Premier Construction USA Inc, its insurers and its insurers agents with a Notice of Construction Defect Claim, including Arch Specialty Insurance Company policy No. AGL0034490-00, which was in effect from 2/26/16 – 2/26/17, AGL0034490-01, which was in effect from 2/26/17 – 2/26/18, AGL0034490-02, which was in effect from 2/26/18 – 2/26/19, & AGL0034490-03, which was in effect from 2/26/19 – 2/26/20. In its notices to Arch Specialty Insurance Company ODC Construction LLC requested: Provide ODC Construction LLC with indemnity, defense and additional insured rights, defend Premier Construction USA Inc, provide the letter to all affected insurers, participate in early settlement efforts, and provide the requested insurance information. Multiple correspondence have been sent to Arch Specialty Insurance Company because it insured Premier Construction USA Inc who worked on the Project (10254 Hartford Maroon Road, Orlando, FL 32827). Most recently, on April 9, 2025, ODC Construction LLC again served Arch Specialty Insurance Company with a follow up Notice of Construction Defect Claim, renewing the same request made on February 28, 2024 and demand for attendance at mediation. This request like others, was ignored. Arch Specialty Insurance Company’s actions have willfully, wantonly, and maliciously placed their own interest above that of its insured Premier Construction USA Inc and of ODC Construction LLC as an Additional Insured. Currently, litigation is still pending against both Premier Construction USA Inc and ODC Construction LLC and Arch Specialty Insurance Company has failed to: respond to notices sent, provide requested copies of the insured coverage policy and failed to defend the insured as required by the policy. Arch Specialty Insurance Company and its adjuster (Catherine Garon) are acting in bath faith. Both Arch Specialty Insurance Company and its adjuster Catherine Garon should be appropriately sanctioned.
Comments
User Id Date Added Comment
erica.zilber@lewisbrisbois.com 06-30-2025 In June 30, 2025 correspondence to attorney Rouselle A. Sutton, responding to the Civil Remedy Notice of Insurer Violations that he filed as counsel for ODC Construction, LLC, on behalf of Arch Specialty Insurance Company (“Arch”) and its third-party administrator Fortitude P&C Solutions, Inc. (“Fortitude”), counsel for Arch/Fortitude set forth the following: 1. ODC lacks standing to assert a claim against Arch based on its failure to qualify as an insured under the subject policies; 2. The CRN fails to set forth specific facts and circumstances giving rise to each alleged violation, as required by Paragraph (3)(b) of Section 624.155, Fla.Stat.; and 3. Respectfully, Arch denies the allegations contained in the CRN. Specifically in response to the allegations in the CRN, counsel for Arch/Fortitude responded as follows: …Arch categorically denies the unsupported allegations of wrongdoing as set forth in the CRN, including assertions that Arch failed to acknowledge the Lawsuit and tender; refused to respond to the Lawsuit; declined to defend its insured and any additional insureds; and refused to attend mediation on April 15, 2025. Despite ODC’s vague and conclusory allegations—none of which are supported by factual detail—through Fortitude as its third-party administrator, Arch acted in good faith in its handling of this claim and has not violated any Florida statutes. Arch first received notice of the claim on or about September 12, 2024, upon receipt of a demand for insurance information (the “Insurance Demand”) from attorney Kelly M. Corcoran of Ball Janik LLP, counsel for plaintiff Water’s Edge Neighborhood Association, Inc. (the “Association”). Arch immediately forwarded the Insurance Demand to Fortitude for handling. The claim was promptly assigned to adjuster Catherine Garon, who proceeded to retain this office as coverage counsel in order to evaluate Arch’s obligations under the Policies and under Florida law. On behalf of Arch, Fortitude promptly initiated an investigation of the claim, including a review into the docket of the Civil Court of Orange County in an effort to obtain additional information. Through its investigation, Fortitude learned for the first time that the Association had filed its initial complaint in the Lawsuit on September 6, 2023; that an amended complaint, which named ODC as a defendant, was filed on January 4, 2024; and that a second amended complaint was filed on October 12, 2024. In its review of the court docket, Fortitude also discovered that ODC filed a third-party complaint against Premier on February 28, 2024, with service effectuated on Premier on May 20, 2024. At no point prior to April 2025 did ODC or its counsel contact Arch or send correspondence to Arch regarding this claim. Nonetheless, Fortitude conducted an investigation into the claim, and into Arch’s potential coverage obligations to Premier, its named insured, and to any potential additional insureds. Notably, despite the absence of a formal tender from ODC—or any other communication from ODC’s counsel—prior to April 9, 2025, on behalf of Arch, out of an abundance of caution, and in good faith, because ODC had filed the third-party complaint against Arch named insured Premier, Fortitude evaluated whether ODC qualified as an additional insured under the Policies. Based on that evaluation, on behalf of Arch, on November 15, 2024, Fortitude issued a “Disclaimer of Additional Insured Coverage” to ODC (enclosed [with the response]), setting forth the bases for Arch’s denial of coverage, such bases including ODC’s failure to qualify under the Policies for additional insured status in connection with the Lawsuit. Additionally, that same day, November 15, 2024, on behalf of Arch, Fortitude issued a response to the Association’s Insurance Demand, and also issued correspondence to named insured Premier agreeing to participate in its defense pursuant to a reservation of rights. Copies of both of these additional letters are also enclosed and incorporated [with the response]. It is thus undisputable that on behalf of Arch, Fortitude expressly acknowledged the Lawsuit in its communications with ODC, with Premier, and even with the Association. Moreover, ODC’s unsubstantiated allegations to the contrary notwithstanding, in issuing its reservation of rights letter to Premier, Arch advised Premier that it would be participating in the defense of the claims against it. Such participation subsequently took the form of a shared engagement of the firm Conroy Simberg as co-counsel for Premier. Further, on behalf of Ms. Garon, undersigned attorney Jay Pearlman [of Lewis Brisbois] attended and participated in the April 15, 2025 mediation, and with Ms. Garon, remained actively engaged in settlement discussions thereafter. Of note, Arch did not receive any communication from ODC or its counsel until April 9, 2025, the date of ODC’s counsel’s tender of the claim and request for insurance information. And exactly twenty-two (22) days later, before Fortitude was able to respond to the April 9, 2025 tender, on May 1, 2025, counsel filed the CRN. All of Fortitude’s communications and coverage determinations on behalf of Arch have followed and been based on a thorough and good-faith investigation of the facts available. On behalf of Arch, Fortitude has acted fairly, honestly, and in accordance with all applicable Florida statutes. Again on behalf of Arch, all of Fortitude’s conduct throughout the handling of this matter has been proper and consistent with its legal obligations. Thank you kindly.
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