Civil Remedy Notice of Insurer Violations
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Filing Number:     825368
Filing Accepted:  6/4/2025
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Complainant
Last/Business Name *  
VACATION VILLAGE CONDOMINIUM ASSOCIATION, INC.   First Name  
Street Address * 10301 US HIGHWAY 27
City, State Zip * CLERMONT, FL 34711
Email Address * STEVEN@PLG.LAWYER
Complainant Type: * Insured
Insured
Last/Business Name*   VACATION VILLAGE CONDOMINIUM ASSOCIATION, INC.   First Name  
Policy # * AMC-37012-04 Claim #* 4233662
Attorney
Attorney is Applicable
Last Name* HOFFMAN First Name * STEVEN Initial
Street Address* 1790 HIGHWAY A1A, SUITE 209
City, State Zip* SATELLITE BEACH , FL 32937
Email Address * STEVEN@PLG.LAWYER; HALEY@PLG.LAWYER
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   AMERICAN COASTAL INSURANCE COMPANY
NAIC Company Code 12968
 
Name of individual responsible for violation (if any):* AMERICAN COASTAL INSURANCE COMPANY’S ADJUSTERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, AND/OR ENGINEERS AND CONTRACTORS WHO HANDLED THE CLAIM, SPECIFICALLY THE DESK ADJUSTER.
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
Claim Delay
Claim Denial
Other : Misrepresentation
Unfair Trade Practice
Other : Wrongful Policy Termination
* 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)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information.
626.9541(1)(o)(11) No insurer shall cancel or issue a non-renewal notice on any insurance policy or contract without complying with any applicable cancellation or non-renewal provision required under the Florida Insurance Code.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

The Policy language relevant to the violations includes all applicable loss payment, duties after loss, and coverage provisions of Policy Number AMC-37012-04, including the declarations page and all endorsements to the Policy.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Claim #4233662; DOL: February 4, 2024 Vacation Village Condominium Association, Inc. (“Insured”) is the owner of a property with a policy of insurance issued by American Coastal Insurance Company (“Carrier”). The Insured’s property is located at 10301 US Highway 27, Clermont, FL 34711 (the “Property”). On February 4, 2024, a wind/hail loss caused extensive damage to the Property. The Insured timely reported an insurance claim for this damage to the Carrier and fully cooperated with all requests for inspection and information. Insured provided all requested documentation and complied with all post loss policy conditions reasonably and timely requested. The Insureds obtained representation from a public adjuster and estimates for repair to the buildings for $2,205,665.00, less deductible, with supporting documentation and photographs. Upon reporting the loss, the Carrier denied the claim and failed to issue payment to Insured. Insured later filed a lawsuit in or about December 2024 challenging the denial, alleging Carrier breached the governing policy. The Insured received a Notice of Non-Renewal dated May 12, 2025, advising their policy would be non-renewed effective August 20, 2025 at 12:01 a.m. Upon information and belief, this is retaliation by the Carrier against the Insured for filing a claim and filing a lawsuit, which is in violation of Florida law. Furthermore, the reason stated verbally by Carrier’s representation and in the non-renewal notice is based upon an expired and stricken provision from the Florida Hurricane Catastrophe Fund (FHCF), which was removed from the FHCF in 2019. Carrier has misrepresented facts and law which purportedly form the basis for the non-renewal. This is clear retaliation for filing a lawsuit regarding the denied claim. Section 624.02, Florida Statutes, defines insurance as a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit based on determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that insureds may mitigate their damages and be put back into the position they were in prior to the loss as quickly as possible. The Carrier has breached this duty by refusing to properly and timely adjust the loss. The Carrier has more than enough information and is still refusing to accept full coverage for this claim. This continued and repeated reckless claim delay, unfair claim handling, failure to communicate, and denial of full coverage will result in a significant punitive damage award. The Carrier can avoid a lawsuit for bad faith by immediately accepting full coverage under the subject insurance policy and by paying the Insured $2,205,665.00, less deductible. Further, the Carrier should pay the interest accrued from notice of the claim until the date that the Carrier pays $2,205,665.00, less deductible, per Section 627.70131 Florida Statutes.
Comments
User Id Date Added Comment
nalcantara@hightowerlaw.net 07-31-2025 After reviewing the Civil Remedy Notice, AmCoastal conducted a thorough review of their handling of the Insured’s claim. AmCoastal handled the claim correctly and denies that it violated any statutes, administrative code provisions, or either rules or obligations in connection with their investigation and handling of the Insured’s claim. At the outset, the Civil Remedy Notice contains non-specific, boilerplate allegations that AmCoastal violated applicable statutes. None of the allegations contained in the Civil Remedy Notice have any basis in fact. AmCoastal unequivocally denies each and every allegation asserted in the Civil Remedy Notice. As outlined above, the alleged statutory violations and factual allegations set forth in the Notice are devoid and without merit. AmCoastal has abided by the policy and the coverage determination was made in accordance with the terms agreed upon by the parties. Notwithstanding the same, the parties reached an amicable settlement, and the Civil Remedy Notice has been withdrawn by the insured.
steven@plg.lawyer 07-17-2025 Due to the full settlement agreement that the parties have reached, this Civil Remedy Notice of Insurer Violations 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.

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