Civil Remedy Notice of Insurer Violations
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Filing Number:     822144
Filing Accepted:  5/19/2025
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Complainant
Last/Business Name *  
RENTAL MARKETING SOLUTIONS   First Name  
Street Address * 2108 21ST STREET S
City, State Zip * ST. PETERSBURG, FL 33712
Email Address * BFIZER@FIXITORELSE.COM
Complainant Type: * Insured
Insured
Last/Business Name*   RENTAL MARKETING SOLUTIONS   First Name  
Policy # * B1136-PR241141 Claim #* B1136-PR241141
Attorney
Attorney is Applicable
Last Name* FIZER First Name * BRANDON Initial
Street Address* 5120 CENTRAL AVE
City, State Zip* SAINT PETERSBURG , FLORIDA 33707
Email Address * BFIZER@FIXITORELSE.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   GREAT LAKES INSURANCE SE
NAIC Company Code
 
Name of individual responsible for violation (if any):* N/A
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Unfair Trade Practice
Other : Unfair Settlement Practices
Claim Delay
* 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.
624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of 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.

COVERAGES A PROVISION, COVERAGE B PROVISION, COVERAGE C PROVISION, COVERAGE D PROVISION, ALL ADDITIONAL COVERAGES PROVISIONS, ALL COVERAGES PROVIDED BY ENDORSEMENT OR RIDER, THE DECLARATIONS PAGE, LOSS PAYMENT OR SETTLEMENT PROVISION, DUTIES IN EVENT OF LOSS POLICY PROVISION, ALL TERMS AND CONDITIONS OF SECTION I OF THE INSURANCE POLICY, THE INSURANCE POLICY DEFINITIONS SECTION, THE INSURANCE POLICY‘S EXCLUSION OF COVERAGE PROVISIONS, ALL INSURANCE POLICY PROVISIONS THAT PROVIDE COVERAGE TO THE INSURED PROPERTY, ALL POLICY PROVISIONS INCLUDING: GENERAL PROVISIONS A TERM: Coverage shall apply to each insured property from the effective date requested by the Named Insured in the required monthly reports. If the insurance afforded by this Policy is also provided by other insurance terminating at noon on the inception date of coverage, insurance under this Policy shall not become effective until such other insurance has terminated. No coverage shall extend beyond the expiry of this Policy. PROPERTY INSURED: Coverage applies only to Buildings and/or Structures for which the Named Insured has specifically requested coverage in accordance with the procedures herein defined and in which the Named Insured has an insurable interest as Owner, Mortgagee, or as Servicing Agent by written agreement. PERILS INSURED AGAINST: Subject to its exclusions, conditions and all other provisions this Policy insures against All Risks of Direct Physical Damage. LIMITS OF LIABILITY: The Underwriters Limit of Liability shall not exceed the least of the following after application of the deductible stated in this Policy: - 1) The per each location limit as set out in the Declaration Page of this Policy. 2) The amount of the insurance under the last report issued as stated in compliance with Clause F. (Reporting Provisions); 3) In respect of residential property, the amount(s) derived from the application of Residential Property Section Condition 1; 4) In respect of non-residential property, the amount(s) derived from the application of the Valuation Clause of the General Property Section. G. DEMOLITION AND FORECLOSURE EXPENSE: If there is a constructive total loss to a building covered by this Policy and resulting from an insured peril the Underwriters will provide within the Limits of Liability and subject to the applicable deductible an additional amount of insurance to cover loss due to necessary demolition of the undamaged portion of this risk and/or foreclosure expenses incurred. The additional amount of insurance will be the lesser of: (a) USD 5,000 per occurrence; or (b) Ten percent (10%) of the amount of insurance applicable to the insured property. I. LOSS SETTLEMENT: In the event of loss of or damage to property insured hereunder by a cause not excluded the insurable interest of the Named Insured shall be ascertained and the loss settlement shall apply as follows: - (a) if the Named Insured is the owner of the property the Loss shall be settled with the Named Insured; (b) if the Named Insured is a Mortgagee or a Servicing Agent by written agreement, and if there is a Total or Constructive Total Loss the Loss shall be settled with the Named Insured and any Additional Insured named in respect of such property in the Monthly Reports as their interest may appear. For the purposes of this policy total or constructive total loss means a loss where the cost to repair or replace would exceed 80% of the Limit of Insurance applicable to the Covered Property that has sustained loss or damage. THIS NOTICE IS GIVEN IN ORDER TO PERFECT THE RIGHT TO PURSUE THE CIVIL REMEDY AUTHORIZED BY FLORIDA STATUTE § 624.155
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

GREAT LAKES INSURANCE SE (“GREAT LAKES”) HAS COMMITTED THE FOLLOWING IN HANDLING THE INSURED’S CLAIM: 1) NOT CONDUCTING FULL AND PROMPT INVESTIGATION 2) NOT TREATING POLICYHOLDER WITH GOOD FAITH CLAIMS CONDUCT 3) LOOKING FOR WAYS TO REDUCE RECOVERY TO THE INSURED 4) LOOKING FOR WAYS TO DELAY FULL RECOVERY TO THE INSURED 5) MISREPRESENTING FACTS SURROUNDING THE CLAIM TO THE INSUREDS 6) NOT ADJUSTING CLAIMS AND EVALUATING LOSS PROPERLY, PROMPTLY, AND FAIRLY TO PROVIDE FULL AND PROMPT INDEMNITY TO THE INSUREDS 7) FAILING TO IMPLEMENT PROPER STANDARDS FOR THE ADJUSTMENT AND INVESTIGATION OF CLAIMS 8) FAILING TO MAKE A COMPLETE AND ACCURATE COVERAGE DETERMINATION FOR ALL DAMAGES IN FLORIDA THE WORK OF ADJUSTING INSURANCE CLAIMS ENGAGES THE PUBLIC TRUST. THE CARRIER HAS BREACHED THIS DUTY, EVIDENCED BY HOW IT HAS ADJUSTED THE INSURED’S CLAIM OF LOSS. THE CARRIER HAS FAILED TO CREATE AND IMPLEMENT ADEQUATE GUIDELINES FOR PROPER INVESTIGATION, REMEDIATION/MITIGATION, CLAIMS EVALUATIONS, CLAIMS HANDLING, AND THE TRAINING AND SUPERVISION OF ITS AGENTS AND EMPLOYEES, RESULTING IN VIOLATIONS AS SET FORTH ABOVE AND FURTHER EXPLAINED BELOW. DESPITE THE INSURED’S PROMPT NOTIFICATION TO THE CARRIER OF ITS INSURANCE CLAIM, THE CARRIER HAS DELAYED IN PAYING OR TENDERING TO THE INSURED ALL INSURANCE PROCEEDS DUE AND OWING TO IT UNDER THE SUBJECT POLICY OF INSURANCE. IN EXCHANGE FOR A PREMIUM PAID BY THE INSURED, GREAT LAKES BEGAN INSURING THE SUBJECT PROPERTY UNDER THE SUBJECT POLICY ON MAY 1, 2024. DURING THE APPLICABLE POLICY PERIOD, ON OR ABOUT OCTOBER 14, 2024, THE INSURED PROPERTY SUSTAINED A LOSS ASSOCIATED WITH FIRE DAMAGE, WHICH DAMAGED SIGNIFICANT PORTIONS OF THE INSURED PROPERTY. UPON DISCOVERY THE DAMAGE WAS REPORTED TO GREAT LAKES. THEREAFTER, GREAT LAKES ASSIGNED A FIELD ADJUSTER WHO INSPECTED THE SUBJECT PROPERTY ON OCTOBER 25, 2024. THE CARRIER’S FIELD ADJUSTER PREPARED AN ESTIMATE TOTALING $132,458.50 IN COVERED DAMAGES TO THE PROPERTY AS A RESULT OF THE SUBJECT LOSS. ON DECEMBER 4, 2024, GREAT LAKES ISSUED ITS COVERAGE DETERMINATION LETTER TO THE INSURED WITHIN WHICH IT EXTENDED COVERAGE FOR THE LOSS AND DISCUSSED THE ISSUANCE OF PAYMENT FOR THE SUBJECT CLAIM IN THE AMOUNT OF $104,098.62. FURTHER, GREAT LAKES REQUESTED ITS INSURED EXECUTE A SWORN PROOF OF LOSS RELFECTING THE ABOVE-MENTIONED FIGURES. QUESTIONING BOTH THE THOROUGHNESS AND ACCURACY OF GREAT LAKES’ CLAIM DETERMINATION, THE INSURED RETAINED LEGAL COUNSEL TO ASSIST WITH THE RESOLUTION OF THIS CLAIM. ON DECEMBER 18, 2024, COUNSEL FOR THE INSURED SENT ITS LETTER OF REPRESENTATION TO GREAT LAKES AND REQUESTED A CERTIFIED COPY OF THE SUBJECT POLICY. UPON REVIEW OF THE POLICY, IT STATES IN PERTINENT PART “FOR THE PURPOSES OF THIS POLICY TOTAL OR CONSTRUCTIVE TOTAL LOSS MEANS A LOSS WHERE THE COST TO REPAIR OR REPLACE WOULD EXCEED 80% OF THE LIMIT OF INSURANCE APPLICABLE TO THE COVERED PROPERTY THAT HAS SUSTAINED LOSS OR DAMAGE.” THE TOTAL LIMIT OF INSURANCE FOR THE SUBJECT PROPERTY IS $153,990.00. EIGHTY-PERCENT OF THE TOTAL POLICY LIMIT FOR THE SUBJECT PROPERTY IS $123,192.00. ACCORDINGLY, BASED OFF GREAT LAKE’S OWN ADJUSTMENT OF THE LOSS WITH DAMAGES EXCEEDING $132,000.00, THE SUBJECT LOSS IS DEEMED A CONSTRUCTIVE TOTAL LOSS PER THE TERMS OF THE POLICY AND POLICY LIMITS ARE DUE AND OWING TO THE INSURED FOR SAME. ON MAY 8, 2025, COUNSEL FOR THE INSURED MADE ITS DEMAND FOR GREAT LAKES TO TENDER FULL POLICY LIMITS FOR THE SUBJECT LOSS. AGAIN ON MAY 14, 2025, A SECOND DEMAND FOR POLICY LIMITS WAS MADE TO GREAT LAKES, HOWEVER, TO DATE, GREAT LAKES HAS FAILED AND/OR REFUSED TO ISSUE SAME. WHEN AN INSURED MAKES A CLAIM, IT SUBJECTS ITSELF TO CERTAIN DUTIES/OBLIGATION TO ALLOW THE INSURER TO PROPERLY INVESTIGATE, ADJUST, SETTLE AND PAY THE CLAIM. HOWEVER, THE INSURER ALSO HAS CERTAIN DUTIES/OBLIGATIONS, ONE OF WHICH IS TO PROMPTLY AND PROPERLY INVESTIGATE, ADJUST, AND PAY THE CLAIM. THE INSURED HAS SATISFIED ALL OF ITS DUTIES/OBLIGATIONS AT THIS POINT IN TIME IN REGARDS TO THE SUBJECT CLAIM, HOWEVER, GREAT LAKES HAS FAILED TO SATISFY ITS OWN AND GREAT LAKES FAILED TO PROMPTLY SETTLE THE SUBJECT CLAIM WHEN IT HAD ALL INFORMATION NECESSARY TO DO SO BACK IN OCTOBER OF 2024. IN SHORT, THE CARRIER’S CONDUCT IN HANDLING THE INSURED’S CLAIM SCREAMS BAD FAITH AND REPRESENTS CLEAR VIOLATIONS OF FLORIDA STATUTES §§ 627.4137, 624.155(1)(B)(1), 624.155(1)(B)(3), 626.9541(1)(I)(3)(I),. THE CARRIER HAS ALSO FAILED AND REFUSED TO ADEQUATELY INDEMNIFY THE INSURED FOR ITS LOSS, AND DEFIANTLY CONTINUES TO DO SO. TO DATE, THE INSURED HAS MADE A GOOD FAITH EFFORT TO COMPLY WITH ALL REQUIREMENTS UNDER THE POLICY. IT IS ONLY FAIR THAT THE CARRIER DO THE SAME. HOWEVER, WHEN THE INSURED SUBMITTED ITS SWORN STATEMENT IN PROOF OF LOSS, GREAT LAKES ERRONEOUSLY REJECTED SAME SIMPLY BECAUSE IT DISAGREED WITH THE SCOPE OR PRICE OF THE ESTIMATE RECEIVED. ADDITIONALLY, GREAT LAKES HAS FAILED TO SETTLE THE SUBJECT CLAIM IN GOOD FAITH 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 ITS INTEREST. FURTHERMORE, GREAT LAKES HAS FAILED TO PROMPTLY SETTLE THE SUBJECT CLAIM, WHEN THE OBLIGATION TO SETTLE THE SUBJECT CLAIM HAS BECOME REASONABLY CLEAR. DESPITE THE INSURED PAYING ITS INSURANCE PREMIUMS, REPORTING THE LOSS, AND COMPLYING WITH ALL OTHER POLICY REQUIREMENTS, THE CARRIER HAS CONTINUOUSLY USED MISINFORMATION AND UNFAIR CLAIM SETTLEMENT PRACTICES IN AN ATTEMPT TO DELAY PROPERLY ADJUSTING THE INSURED’S CLAIM. AT BOTTOM, THE CARRIER HAS FAILED AND/OR REFUSED TO PROPERLY ADJUST THE LOSS. THE INSURED HAS REQUESTED THAT THE CARRIER ADMIT FULL COVERAGE AND PAY FULL DAMAGES; THE CARRIER HAS FAILED TO DO SO AND/OR REFUSED TO TENDER THE COMENSURATE MONIES/POLICY LIMITS. THE CARRIER CONTINUES TO REFUSE TO INDEMNIFY THE INSURED FOR ITS LOSS AND PAY THE APPROPRIATE AMOUNT OF DAMAGES AS REQUIRED UNDER THE POLICY. FLA. STAT. § 624.02 DEFINES INSURANCE AS A CONTRACT WHEREBY ONE UNDERTAKES TO INDEMNIFY ANOTHER OR PAY OR ALLOW A SPECIFIED AMOUNT OR A DETERMINABLE BENEFIT UPON DETERMINABLE CONTINGENCIES. INHERENT IS THE FACT THAT PAYMENT MUST BE MADE TIMELY AND PROMPTLY SO THAT THE INSUREDS MAY MITIGATE THEIR DAMAGES AND TO PUT THE INSUREDS BACK INTO THE POSITION THEY WERE PRIOR TO LOSS AS QUICKLY AS POSSIBLE. THE CARRIER HAS BREACHED THIS DUTY OVER THE LAST EIGHT MONTHS AND CONTINUES TO DO SO. GREAT LAKES HAS BREACHED THE LOSS PAYMENT PROVISION OF THE SUBJECT POLICY AND HAS BREACHED ITS DUTY TO FULLY ADJUST THE SUBJECT LOSS. THE ACTIONS TAKEN BY GREAT LAKES INSURANCE SE AND ITS ADJUSTERS IN THE HANDLING/ADJUSTMENT OF THE INSURED’S CLAIM WERE WILLFUL, WANTON, AND IN DISREGARD FOR THE RIGHTS OF ITS INSURED. THE CARRIER’S ACTIONS AMOUNT TO BUT ARE NOT LIMITED TO THE FOLLOWING: 1. NOT TREATING POLICYHOLDERS WITH GOOD FAITH CLAIMS CONDUCT 2. LOOKING FOR WAYS TO REDUCE RECOVERY TO THE INSURED 3. LOOKING FOR WAYS TO DELAY FULL RECOVERY TO THE INSURED 4. MISREPRESENTING FACTS SURROUNDING THE CLAIM TO THE INSURED 5. NOT ADJUSTING CLAIMS AND EVALUATING LOSS PROPERLY, PROMPTLY AND FAIRLY TO PROVIDE FULL AND PROMPT INDEMNITY TO THE INSURED 6. FAILING TO IMPLEMENT PROPER STANDARDS FOR THE ADJUSTMENT AND INVESTIGATION OF CLAIMS 7. NOT TRAINING, SUPERVISING OR MANAGING ADJUSTERS PROPERLY SO THAT PROMPT AND FULL PAYMENTS ARE MADE, BUT RATHER PLACING THE COMPANY’S INTERESTS BEFORE THE POLICYHOLDER’S INTERESTS 8. NOT ESTABLISHING SEVERITY CONTROL INITIATIVES AND OTHERWISE ESTABLISHING A CULTURE OF NOT FULLY AND PROMPTLY PAYING CLAIMS FOLLOWING LOSSES 9. FAILING TO MAKE A COMPLETE AND ACCURATE COVERAGE DETERMINATION FOR ALL DAMAGES 10. FAILING TO PROMPTLY NOTIFY THE INSURED OF ANY ADDITIONAL INFORMATION NECESSARY FOR THE PROCESSING OF THE CLAIM 11. ATTEMPTING TO INDUCE INSURED INTO ACCEPTING A LOWBALL VALUATION OF THE SUBJECT CLAIM THEREFORE, TO CURE THE DEFECTS OUTLINED IN THIS CIVIL REMEDY NOTICE, GREAT LAKES INSURANCE SE MUST: (1). ADMIT FULL COVERAGE FOR THE INSUREDS’ LOSS. (2). TENDER ALL INSURANCE MONIES DUE AND OWING TO THE INSURES FOR THEIR LOSS RELFECTIVE OF THE APPLICABLE POLICY LIMITS IN THE AMOUNT OF NO LESS THAN $153,990.00. (3). PAY STATUTORY INTEREST ON THE AMOUNT OF UNPAID CONTRACT DAMAGES FROM THE DATE OF THE LOSS TO THE PRESENT TIME PURSUANT TO FLORIDA STATUTE § 627.70131.
Comments
User Id Date Added Comment
zach@fixitorelse.com 07-01-2025 This CRN is hereby withdrawn
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