Civil Remedy Notice of Insurer Violations
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Filing Number:     824596
Filing Accepted:  6/2/2025
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Complainant
Last/Business Name *  
BIGWOOD   First Name   NICHOLAS
Street Address * 1700 66TH ST N S
City, State Zip * SAINT PETERSBURG, FL 33710-55
Email Address * CHRIS@WAGGENERLAW.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   BE UNION LLC   First Name   LINDA
Policy # * WAN9000185-00 Claim #* MNUS25020002
Attorney
Attorney is Applicable
Last Name* WAGGENER First Name * CHRISTOPHER Initial
Street Address* 1700 66 ST. N., 203
City, State Zip* ST. PETERSBURG , FL 33710
Email Address * CHRIS@WAGGENERLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   UNITED SPECIALTY INSURANCE COMPANY
NAIC Company Code 12537
 
Name of individual responsible for violation (if any):* MONIKA WALKER
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
* 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

"We will pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily injury' or 'property damage' to which this insurance applies."
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Injury occurred on January 7, 2025. Mr. Bigwood was catastrophically injured by falling cabinets and continues to feel the physical and mental effects of the injury. As a result of this incident, Mr. Bigwood has undergone major neck surgery, been diagnosed with a significant traumatic brain injury, experiences neck pain, brain fog, eye pain, memory issues, and a myriad of other symptoms. The cabinet collapse was entirely avoidable. The first time this leak was noticed was at the end of November 2024, in the kitchen of Ms. Melissa Popejoy’s apartment located at the Willow Square apartment complex. Management was notified of the leak and the source was identified as a leaking pipe coming from the unit located directly above Ms. Popejoy’s unit. The leak was stopped. However, before the leak was stopped a significant amount of water leaked into Ms. Popejoy’s unit. Just like the leak at the beginning of 2025, water from the leak pooled into the kitchen, into the cabinets above the kitchen sink, and completely saturated the drywall in the kitchen roof and wall where the cabinets were located. Again, nothing was done by anyone in maintenance to remedy the situation once the source of the leak was fixed. As the days passed, the leak grew significantly worse. Just like the first time, the leak grew so big it was streaming down the main kitchen light, pooling in the cabinets, and saturating the walls and ceiling. With no action, it was inevitable that significant destruction of the premises would occur if the water leak, especially one of this magnitude, was left. On January 7, 2025, Mr. Bigwood was getting a glass of water at the sink underneath the cabinets when the cabinets broke loose from the wall. As they fell, the cabinets struck his head first, knocked him to the counter, and pinned him there. He was rushed to the hospital and was ultimately diagnosed with a traumatic brain injury and herniations in his cervical which necessitated major surgery at the end of February 2025.
Comments
User Id Date Added Comment
dhaack@narisk.com 08-01-2025 On this date, North American Risk Services, Inc., on behalf of United Specialty Insurance Company (“USIC”), delivered the formal response to this Notice to the Complainant, in care of the Complainant’s attorney of record. It’s USIC’s position that the Notice is procedurally and substantively deficient thereby rendering it invalid. The Notice lacks sufficient specificity with respect to the facts and circumstances giving rise to the alleged violation, and is completely devoid of specific policy language that is relevant to the statutory provision alleged to have been violated. In other words, the Notice simply doesn’t provide the level of requisite detail or specifics to understand or remedy the purported violation; therefore, the Notice provides USIC with no opportunity to remedy or cure any of the circumstances that gave rise to the alleged violations. That being said, USIC denies that it violated any applicable statutory provisions, to include the provision cited in the Notice. USIC also denies that it engaged in unfair claims settlement practices and/or bad faith conduct, at any time, with respect to the investigation and handling of this claim. To the contrary, USIC has acted and continues to act in the utmost good faith and maintains that it has complied and continues to comply with all provisions of the insurance policy and applicable Florida law. USIC’s formal response to this Notice is available for the Department’s review upon request.
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