Civil Remedy Notice of Insurer Violations
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Filing Number:     829121
Filing Accepted:  6/26/2025
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Complainant
Last/Business Name *  
SOTO   First Name   JAYDEN
Street Address * 45 PINE RADIAL
City, State Zip * OCALA, FL 34472
Email Address * LISAMARIE210.IS@GMAIL.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   SKY ZONE OCALA   First Name  
Policy # * CZ26UTGL001-00 Claim #* UNKNOWN
Attorney
Attorney is Applicable
Last Name* CRISTADORO First Name * THOMAS Initial
Street Address* 925 S. FEDERAL HWY, 6TH FLOOR
City, State Zip* BOCA RATON , FL 33432
Email Address * TCRISTADORO@KPATTORNEY.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   CLEAR BLUE INSURANCE COMPANY
NAIC Company Code 28860
 
Name of individual responsible for violation (if any):* DANIELLE COX
Type of Insurance * Commercial Property & Casualty   
Reason for Notice *
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.
626.9541(1)(i)(3)(h) Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

POLICY NOT PROVIDED
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

May 16, 2025 FINAL NOTICE BEFORE LITIGATION IS INITIATED AGAINST SKY ZONE OCALA Clear Blue Insurance Company Attn: Danielle Cox 7499 Walnut Grove Lane North Maple Grove, MN 55311 RE:Our Client:Jayden Luis Soto (Minor) Your Insured:Sky Zone Ocala Policy No.:CZ26UTGL0001-00 Date of Loss:March 2, 2025 VIA FAX: 612-230-9875 AND E-MAIL DCOX@IDEAL3.COM Dear Ms. Cox and Clear Blue Insurance Company Decision-Makers: Please accept this letter as further confirmation that our client, Jayden Luis Soto, is in desperate need of continued medical care and has yet to receive rightful compensation for all that your negligent insured has put him through. As you know from the documentation in your possession, our client, Jayden Soto, who was a lawful invitee at 2400 Southwest College Road in Ocala, Marion County, Florida, engaging in a recreational activity, specifically playing a punching bag game, encountered a hazardous condition —a nail or screw inside of the punching bag machine. This dangerous and poorly maintained equipment caused a severe laceration to his right hand, as the nail or screw pierced his skin, for which there is no question as to liability. Sky Zone Ocala was negligent in failing to inspect, maintain, or warn about the unsafe condition which directly led to Jayden’s injury. Jayden Soto suffered serious personal injuries and other damages due to the dangerous condition on the subject premises. Jayden Soto suffered serious injuries that significantly impacted his quality of life. He suffered continuous pain and discomfort due to the incident your insured put him through. Jayden Soto sustained permanent injuries, including but not limited to a laceration of right hand that required stitches. The repercussions of this injury have been profound for Jayden. The persistent pain in his right hand has severely limited his ability to engage in activities that were once routine and enjoyable. Tasks that require manual dexterity, such as writing, typing, or even holding objects, have become challenging and often painful. This has not only affected his academic performance but also his participation in recreational activities that he once enjoyed, which is critical as he is still a young boy. Nonetheless, despite your knowledge of the aforementioned, you have inexplicably failed to tender the limits to Jayden Soto for the above when he is entitled to compensation due to your insured’s negligence. Accordingly, this situation may now leave our client with no other alternative than to proceed forward with litigation directly against your insured, Sky Zone Ocala. You are surely well aware of the duty and obligation an insurance company has to its insured: "An insurer is not absolved of liability simply because it advises its insured of settlement opportunities, the probable outcome of litigation, and the possibility of an excess judgment. Rather the critical inquiry in a bad-faith [case] is whether the insurer diligently, and with the same haste and precision as if it were in the insured's shoes, worked on the insured's behalf to avoid an excess judgment." Harvey v. GEICO (Fla. SC17-85). Indeed, it is a standard juror instruction in Florida that “bad faith on the part of an insurance company is failing to settle a claim when, under all circumstances, it could and should have done so, had it acted fairly and honestly toward it’s insured and with due regard for their interests.” Florida Standard Jury Instruction 404.4. As such, based on information and belief, we are not aware of any reason to not pay the amount demanded besides incentives for the insurance carrier and/or the adjuster to not pay this claim. As you have failed to protect your insured and promptly advance a rightful tender of the policy limits, this letter and accompanying Civil Remedy Notice shall provide, as per Florida statute, sixty (60) days within which Clear Blue Insurance Company can tender the policy limits and resolve this claim. Failure to tender said policy limits within this statutory time frame will subject Clear Blue Insurance Company to a Bad Faith Insurance claim, in addition to any and all damages our client is awarded by an appropriate court above the insurance policy limits. In addition, as I am sure you are aware, §627.428, which historically provided a means for an insured to recovery their Attorneys’ fees in third party cases, has been repealed. However, if you allow the cure period under this Civil Remedy Notice to expire without paying your limits to satisfy this claim, you will be exposed to an excess judgement as well as Attorneys’ fees incurred by my client for prosecuting the statutory bad-faith case, pursuant to §627.155 and the underlying claim as well. Milling v. Travelers 311 So2d 289 (Fla 2d DCA 2022). This notice is given in order to perfect the right to pursue the civil remedy authorized by §624.155(3)(a). You will find enclosed a copy of the Florida Statute §624.155 “Bad-Faith” form filed with the Florida Department of Financial Services at or about the same time as this letter was forwarded to your office. You may contact the undersigned if you have any further questions or concerns. Sincerely, _/s/ Thomas Cristadoro_________________ Thomas Cristadoro, Esq.
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.

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DFS-10-363
Rev. 10/14/2008