Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 829679

Filing Accepted: 6/30/2025

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Complainant

Last/Business Name *

SOULS @ PLAY LLC

First Name

Street Address *

10701 CROSS CREEK BLVD

City, State Zip *

TAMPA, FL 33647

Email Address *

EVERGREEN7370@YAHOO.COM

Complainant Type: *

Insured

Last/Business Name*		SOULS @ PLAY LLC		First Name
Policy # *		FSF16389407 002		Claim #*		KY24K2079495

Attorney

Attorney is Applicable

Last Name*	MARTINEZ First Name * KELLI Initial A.
Street Address*		8130 LAKEWOOD MAIN ST STE 103
City, State Zip*		LAKEWOOD RANCH , FL 34202-5068
Email Address *		PRESUIT@SULIMARTINEZLAW.COM

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		WESTCHESTER SURPLUS LINES INSURANCE COMPANY
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 10172

Name of individual responsible for violation (if any):* DAVID VISCOMI, RICHIE CREEL AND ANY OTHER INDIVIDUAL FROM, OR AGENT OF, WESTCHESTER SURPLUS LINES INSURANCE COMPANY, WHO WAS INVOLVED IN THE CLAIM.
Type of Insurance * Commercial Property & Casualty

Reason for Notice *

	Unfair Trade Practice
	Unsatisfactory Settlement Offer
	Claim Delay
	Other : Not treating the Insured with good faith claims conduct
	Other : Looking for ways to deny full recovery to the Insured
	Other : Looking for ways to delay full recovery to the Insured
	Other : Failing to properly investigate the Insured’s loss
	Other : Failing to provide the Insured with the full benefits awarded under the contract of insurance in a t
	Other : Not training, supervising, or managing adjusters properly so that prompt and full payments are made
	Other : Not adjusting claims and evaluating loss properly
	Other : Shifting the burden of insuring the loss to the Insured
	Other : Failing to implement proper standards for the adjustment and investigation of claims

* 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)(i)(3)(f)		Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
	626.9541(1)(i)(3)(g)		Failing to promptly notify the insured of any additional information necessary for the processing of a claim.

* 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 AND COVERAGE PROVISIONS OF POLICY NUMBER FSF16389407 002, INCLUDING THE DECLARATIONS PAGE AND ALL ENDORSEMENTS TO THE POLICY, WITH RESPECT TO COVERAGES. ADDITIONALLY, ANY SECTIONS RELIED UPON BY THE INSURER IN ITS FAILURE TO FULLY PAY THE CLAIM, INCLUDING THE DUTIES IN THE EVENT OF LOSS PROVISIONS AND THE POLICY'S EXCLUSION OF COVERAGE PROVISIONS. SOME OF THE VIOLATIONS ALLEGED ARE ALSO STATUTORILY BASED AND DO NOT RELY ON ANY SPECIFIC POLICY LANGUAGE.

* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Westchester Surplus Lines Insurance Company has committed the following in handling the insured’s claim: Failing to act in due diligence and good faith to resolve claims Placing the financial interest of the Carrier before that of the Insured Looking for ways to deny benefit payments and otherwise “low ball” or “stone wall” claims. Not adjusting the claims promptly and fairly Not attempting in good faith to settle claims Conducting Inadequate investigations Failing to employ policies and procedures to conduct adequate investigations Failing to provide an estimate that complies with the Florida Building Codes. Shifting the burden of investigating the loss onto the Insured. Misrepresenting the terms of the insurance policy. Souls @ Play LLC owns property covered by an all-risks insurance policy issued by Westchester Surplus Lines Insurance Company (hereinafter “Carrier”),. On or about June 4, 2023, while the policy was in full force and effect, the Insured’s property located at 10701 Cross Creek Blvd, Tampa FL 33647 sustained significant damage as a result of a wind storm. The insured promptly reported the claim and fully cooperated with the carrier’s investigation. The Carrier assigned claim number KY24K2079495 to the loss. After reporting the claim, Carrier retained an unqualified and biased field adjuster and inspectors to adjust the loss. The inspectors had a financial incentive to adjust the loss in a manner that would minimize Carrier’s losses. Instead of adjusting the claim fairly, honestly, in good faith, and with due regard for the Insured’s interest, the adjuster made a conscious effort to ignore evidence of covered losses to the property. In a letter dated March 28, 2024, 70 days after Souls @ Play LLC reported the loss, the carrier notified the Insured that it had completed its investigation into the loss and alleged there was no damage to the roof surface, top of mechanical units, exhaust hoods, downspouts, wood fence or awning fabric. Despite denying that there was any damage, Westchester Surplus Lines Insurance Company prepared an estimate of repairs valued at $7,620.97, falling below the deductible of $60,000.00, resulting in no payment being issued to the insured. Given the vastly underestimated cost of repairs, the Insured’s disagreement with the coverage decision, and the scope and nature of the damage resulting from the loss, the Insured through its retained representatives disputed the coverage determination and submitted an estimate prepared by Adjusters Advice Claims Services for $393,400.01 which was a fair and reasonable assessment of the loss. Worst still, Carrier failed to retain qualified experts necessary to identify the repairs necessary to restore the property to its pre-loss condition within reasonable time. Under the circumstances surrounding this claim, had Carrier acted fairly and honestly toward the Insured and with due regard for the Insured’s interests, Carrier could and should have attempted in good faith to settle this claim. Carrier did not and, instead, dishonestly and unfairly placed its own interests well ahead of those of the Insured. In doing so, Carrier violated Section 624.155(1)(b)(1), Florida Statutes. Carrier’s use of unqualified and bias adjusters, and failure to retain experts necessary to identify the repairs necessary to restore the property to its pre-loss condition evidences Carrier’s failure to adopt and implement standards for the proper investigation of claims in violation of Section 626.9541(1)(i)(3)(a), Florida Statutes. Carrier’s use of unqualified and bias adjusters, and failure to retain experts necessary to identify the repairs necessary to restore the property to its pre-loss condition, evidences Carrier’s failure to conduct a reasonable investigation based upon available information. When applying the facts present here to Florida law, it is clear that Carrier is acting in bad faith. Florida Statute § 624.02 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. Carrier has breached this duty by refusing to properly and timely adjust the loss. Moreover, Section 69B-220.201 of the Florida Administrative Code defines Carrier’s adjusters conduct here as an unfair claims settlement practice. Specifically, Section 69B-220.201(3) provides that “[a]n adjuster shall not approach investigations, adjustments, and settlements in a manner prejudicial to the insured” and that “[a]n adjuster shall make truthful and unbiased reports of the facts after making a complete investigation.” As detailed above, Carrier’s investigation and adjustment of this claim was done in a manner prejudicial to Insured, was incomplete, and lacked truthful and unbiased reports of the facts. Upon receiving notice of the loss, the Insurer had the duty to provide the full benefits under the policy. This includes providing the Insured with a proper investigation and the funds necessary to return the home to its pre-loss condition. However, when the Insurer conducted its inspection of the insured property, the Insurer’s representatives failed to conduct a thorough and adequate investigation, or the representatives intentionally ignored the damage observed and failed to make truthful and unbiased reports of the facts after investigating. As a result, the Insurer breached the policy by failing to fully indemnify the Insured for the covered loss. The Insurer has placed obstacles to the Insured’s ability to have the claim adjusted promptly to begin restoring the property by waiting more than sixty (60) days after receiving notice of the loss to make a claims determination. Under Fla. Stat. §627.70131(7)(a), “[w]ithin 60 days after an insurer receives notice of an initial, reopened, or supplemental property insurance claim from a policyholder, the insurer shall pay or deny such claim or a portion of the claim unless the failure to pay is caused by factors beyond the control of the insurer which reasonably prevent such payment." There were and are currently no factors outside of the Insurer’s control. As the Insurer has failed to make a timely determination, it has violated this code. As such, in addition to the below requirements to cure this CRN, any payment made to the Insured must contain interest for the damage as a result of the loss from the date the Insurer received first notice of the loss. Furthermore, the Insurer and its agents failed to comply with Fla. Stat. § 627.444 by not providing the Insured and the Insured’s representatives with a loss run statement. On April 17, 2025, the Insured’s legal counsel provided the Insurer with a letter of representation. Within the letter, legal counsel requested a copy of a loss run statement as well as additional documentation to which the Insured is entitled. The Insurer and its agents have not acknowledged the request for a loss run statement nor has a loss run statement been provided. Upon an Insurer receiving a written request for a loss run statement, the Insurer is required, within fifteen (15) calendar days, to provide either a loss run statement or information on how to obtain a loss run statement at no charge through a consumer reporting agency. There has been no response within fifteen (15) calendar days of the Insured’s written request and the Insurer has not provided information on how to obtain a loss run statement at no charge through a consumer reporting agency. This Insurer has breached its duty to settle claims in good faith when, under all the circumstances, it could and should have done so. The Insurer and its agents have not acted fairly and honestly toward the Insured and the Insured’s representative and have moreover failed or refused to promptly acknowledge the Insured’s communications in an attempt to frustrate and delay the resolution of the Insured’s claim. The conduct outlined above is done within the Insurer’s routine course of the business. There may be further wrongful conduct which has not been made known to the Insured at this moment. Certain conduct or actions may be discovered throughout discovery or cannot be verified without a review of the Insurer’s claim file and standards and procedures for the adjustment and investigation of claims. In short, the Insurer is not acting with due regard for the Insured’s interests or safety. In Florida, the work of adjusting insurance claims engages the public trust. The Insurer has breached this trust and its duty to the Insured. The Insurer and its agents conducted cursory and inadequate investigations and wrongfully denied full coverage for the claim. Moreover, the Insurer has engaged in bad faith practices designed to delay claims and prevent the Insured from recovering what is rightfully owed under the subject policy of insurance. The Insurer’s actions and inactions have continued to frustrate and delay the resolution of the Insured claim. The Insurer’s actions amount to but are not limited to the following: Claim Delay: The Carrier has delayed processing the claim, causing frustration and inconvenience to the Insured. Lack of Good Faith Conduct: The Carrier has not treated the Insured with good faith conduct expected when handling claims. Attempt to Reduce Recovery: The Carrier has actively sought ways to minimize the amount owed to the Insured under the policy. Attempt to Deny Recovery: The Carrier has looked for reasons to deny coverage altogether, rather than fulfill its obligations under the policy. Failure to Property Evaluate Loss: Claims have not been assessed accurately or promptly, resulting in delays and incomplete indemnity for the Insured. Inadequate Training and Supervision of Adjusters: The Carrier has not ensured its adjusters are adequately trained to handle claims promptly and fairly. Placing Company Interests over Insured Interests: The Carrier has prioritized its financial interests over the health and safety of the Insured. Failure to Provide Complaint Estimates: Estimates provided by the Carrier do not comply with Florida Building Codes. Shifting Investigation Burden to Insured: The Carrier has unfairly placed the burden of investigating the claim onto the Insured. Conducting Inadequate Investigations: The Carrier’s Investigation into the claim have been insufficient or cursory. Therefore, to cure the defects outlined in this civil remedy notice, the Insurer must: Admit full coverage for the Insured’s loss and tender all additional amounts owed under the Policy for the covered loss to the insured property Please email any responses to this civil remedy notice to presuit@sulimartinezlaw.com A copy of this form submitted to the FDFS has been sent via email to the following parties, providing them notice of the filing of the civil remedy notice: Westchester Surplus Lines Insurance Company via DFS Filing Claims Department, Westchester Surplus Lines Insurance Company, via email; chubbclaimsfirstnotice@chubb.com Souls @ Play LLC, via Counsel’s Office

Comments

User Id		Date Added		Comment
tbustamante@cozen.com		07-30-2025		In response to this CRN number 829679, Westchester Surplus Lines Insurance Company ("WSLIC"), responded by letter sent to Kelli A. Martinez on July 30, 2025. WSLIC denies any allegations, express or implied, that it has acted in bad faith as alleged in the CRN or otherwise.

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