Civil Remedy Notice of Insurer Violations
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Filing Number:     823805
Filing Accepted:  5/28/2025
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Complainant
Last/Business Name *  
LOYNAZ   First Name   ANDY
Street Address * 782 NW 42ND AVE SUITE 450
City, State Zip * MIAMI, FL 33126
Email Address * LEGALASSISTANT@LAWGROUPSF.COM
Complainant Type: * Other
Insured
Last/Business Name*   HAMMOCK PRESERVATION   First Name   CUTLER
Policy # * UNKNOWN Claim #* 190481000
Attorney
Attorney is Applicable
Last Name* LOYNAZ First Name * ANDY Initial
Street Address* 782 NW 42ND AVE SUITE 450
City, State Zip* MIAMI , FLORIDA 33126
Email Address * LEGALASSISTANT@LAWGROUPSF.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   LEXINGTON INSURANCE COMPANY
NAIC Company Code 19437
 
Name of individual responsible for violation (if any):* MARK MILLER AND TRG MANAGEMENT COMPANY, LLC
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Other : Failing to Respond to Time Limit Demand
* 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.

Lexington Insurance Company and TRG Management have failed to implement proper standards in the adjusting of this claim
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

In this claim, Our client, Daymara Otero sustained severe allergic reactions due to a mold growth caused by the negligence of TRG Management Companies Insured, Cutler Hammock Preservation LP. On 03/18/2025 a Time Limit Demand was sent to Adjuster Mark Miller via email with a response that was due within 30 days. On 03/20/2025 we called Adj Mark Miller and he confirmed he received the demand with all the documents attached. On 04/17/2025 Adj Mark Miller returned my call and requested an extension which we confirmed they could received and were expecting a response on 04/25/2025. To this date we have yet to receive any response from TRG Management. This shows that TRG Management is putting their interest before their insured's. Additionally, TRG Management has failed to implement proper standards for the adjustment and investigation of this claim. In conclusion, it is apparent that TRG Management has not trained, supervised, or managed their adjusters properly, but rather placed TRG Management interest before their insured.
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