Civil Remedy Notice of Insurer Violations
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Filing Number:     824924
Filing Accepted:  6/3/2025
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Complainant
Last/Business Name *  
SHLES   First Name   DEBRA
Street Address * 14901 REFLECTION KEY UNIT 1011
City, State Zip * FORT MYERS, FL 33907
Email Address * AMT@BOATMANRICCI.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   CLYDE JOHNSON CONTRACTING LLC   First Name   DANIEL
Policy # * ATN2221887 Claim #* ATN2221887
Attorney
Attorney is Applicable
Last Name* HOGAN First Name * DANIEL Initial
Street Address* 411 E COLLEGE AVE
City, State Zip* TALLAHASSEE , FL 32301
Email Address * RDH@BOATMANRICCI.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):* ADJUSTER
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Delay
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.
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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

SECTION I – COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. 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. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II – Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Claimant entered the home of Mary Ann Shaffrey to assist with interior decoration while the property was under renovations being completed by insured. A pile of unsecured sheetrock was left by insured and fell on Claimant's leg resulting in injury that has ongoing complications leading to multiple surgeries and ongoing treatment.
Comments
User Id Date Added Comment
amt@boatmanricci.com 08-27-2025 The details herein have been amicably resolved between the parties; therefore, we withdraw this Civil Remedy Notice
lori.eller@phelps.com 07-11-2025 Via Electronic Submission Florida Department of Financial Services Division of Consumer Services Civil Remedy Services Larson Building 200 East Gaines St. Tallahassee, Florida 32399-0322 Re: Civil Remedy Notice of Insurer Violations Company: United Specialty Insurance Company Named Insured: Clyde Johnson Contracting LLC Complainant: Debra Shiles Policy No.: ATN2221887 DFS File No.: 824924 Accepted by DFS: June 3, 2025 To Whom It May Concern: We write on behalf of United Specialty Insurance Company (“USIC”), which issued a commercial general liability policy, Policy No. ATN2221887 (the “Policy”), to Clyde Johnson Contracting LLC (the “Insured”) for the policy period from May 9, 2022 to May 9, 2023. We write to respond to the Civil Remedy Notice of Insurer Violations (the “Notice”) that attorney Daniel Hogan submitted to the Florida Department of Financial Services (the “Department”) on behalf of the Complainant, Debra Shiles (“the Complainant”), who is the Plaintiff in a suit for damages against the Insured relating to injuries the Complainant sustained in an accident. The Notice was electronically filed and accepted by the Department on June 3, 2025. In the Notice, the Complainant alleges that USIC committed two statutory violations regarding her claim for damages against the Insured for bodily injury allegedly caused by the Insured’s negligence: violation of § 624.155(1)(b)(1), Florida Statutes - “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”; and violation of § 624.155(1)(b)(1), Florida Statutes - “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.” Under the section of the Notice requiring a description of “the facts and circumstances giving rise to the insurer’s violation,” the Complainant stated as follows: Claimant entered the home of Mary Ann Shaffrey to assist with interior decoration while the property was under renovations being completed by insured. A pile of unsecured sheetrock was left by insured and fell on Claimant’s leg resulting in injury that has ongoing complications leading to multiple surgeries and ongoing treatment. See Notice at page 5. The Complainant’s Notice is legally deficient and invalid for the reasons explained in this response. First and foremost, the Notice is invalid and deficient because it does not comply with the requirements of section 624.155(3), Florida Statutes. The Notice fails to state any facts or circumstances suggesting that USIC violated the statutory sections cited in the Notice with respect to the Complainant’s liability claim against the Insured. Instead, the Notice merely recites the facts and circumstances surrounding the accident from the Complainant’s perspective. The Notice also fails to provide USC with meaningful notice and an opportunity to cure the alleged violations as required under section 624.155. The Notice doesn’t state any actions USIC must take to cure the alleged statutory violations. Moreover, the Notice cites section 624.155(1)(b)(3), which explicitly does not apply to liability coverages, the sole coverages provided under the Policy. Accordingly, the Notice does not comply with section 624.155(3)(b), Florida Statutes, and is invalid and legally deficient. Second, as evident in the language of the Notice itself, section 624.155(1)(b)(1) concerns an insurer’s good faith efforts in settling claims in so far as such efforts pertain to “its insured” and its insured’s “interests.” In other words, section 624.155(1)(b)(1) violations arise from an insurer’s failure to settle a liability claim when such a failure negatively impacts its insured or results from an insurer’s disregard of its insured’s interests. USIC’s claim handling has not negatively impacted the Insured, and USIC has in fact protected the Insured’s interests in defending it against the Complainant’s lawsuit. Regardless, the Complainant does not have any standing to pursue an alleged violation of section 624.155(1)(b)(1) on behalf of the Insured at present. Therefore, section 624.155(1)(b)(1) is inapplicable. Despite the deficiencies of the Notice, USIC denies any and all allegations in the Notice, including the allegations under the “Reasons for Notice.” At all times, USIC has acted in good faith, without delay, and with due regard for its Insured’s interests in all aspects of its investigation and handling of this matter, including its defense of the Insured against the Complainant’s lawsuit and in settlement efforts. In conclusion, the Notice is fatally deficient and invalid. However, even if the Notice was not legally invalid and deficient, the Complainant has not alleged in the Notice any facts that would support a determination that USIC has engaged in any prohibited conduct or violated the cited statutory sections. At all times, USIC has acted in good faith towards its Insured in handling the Complainant’s claim and defending the Insured against the Complainant’s lawsuit. Respectfully yours, Patricia A. McLean
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