V1MM4GTS3 Phone: (407) 562-2582 Fax: (855) 822-3139 Email: [email protected]Bristol West Insurance P.O. Box 258806 Oklahoma City, OK 73125-8806 October 12, 2021 MARIBEL R REYES BAUTISTA 37009 OLD SAN ANN RD DADE CITY FL 33525-4507 Delivered by email to: [email protected]RE: Claim Number: 7003580260-1-1 Insured: Maribel Reyes Bautista Policy Number: G010070216 Loss Date: 07/16/2021 Claimant: Maribel Reyes Bautista Dear MARIBEL R REYES BAUTISTA: We have received notice from THE LAW OFFICE OF CHRISTOPHER P CALKIN indicating that they may file a lawsuit in the above-referenced claim. We will continue with our investigation of the claim in an effort to resolve it with the claimant's attorney, and will keep you advised of the status. If you are served with a lawsuit or receive legal papers, please send them immediately to our National Document Center at the address above, or fax them to (855) 822-3139. Please include the claim number on the first page of any correspondence. Our first priority is to provide you every protection afforded by your policy, and we seek your cooperation with our investigation in order to fulfill that objective. For the duration of the claim, please let us know immediately of any changes in your contact information, including your phone number or address, should you move. Please do not discuss this claim with anyone other than a representative of this company. If you have any questions or concerns, call me at (407) 562-2582. My scheduled office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Eastern Time.
Transcript
V1MM4GTS3
Phone: (407) 562-2582Fax: (855) 822-3139Email: [email protected] West InsuranceP.O. Box 258806Oklahoma City, OK 73125-8806
October 12, 2021
MARIBEL R REYES BAUTISTA37009 OLD SAN ANN RDDADE CITY FL 33525-4507Delivered by email to: [email protected]
We have received notice from THE LAW OFFICE OF CHRISTOPHER P CALKIN indicating that they mayfile a lawsuit in the above-referenced claim.
We will continue with our investigation of the claim in an effort to resolve it with the claimant's attorney, andwill keep you advised of the status. If you are served with a lawsuit or receive legal papers, please send themimmediately to our National Document Center at the address above, or fax them to (855) 822-3139. Pleaseinclude the claim number on the first page of any correspondence.
Our first priority is to provide you every protection afforded by your policy, and we seek your cooperation withour investigation in order to fulfill that objective. For the duration of the claim, please let us know immediatelyof any changes in your contact information, including your phone number or address, should you move. Pleasedo not discuss this claim with anyone other than a representative of this company.
If you have any questions or concerns, call me at (407) 562-2582. My scheduled office hours are Mondaythrough Friday from 8:00 a.m. to 5:00 p.m. Eastern Time.
COVID-19 Notice – In light of the national health emergency, I am currently working from home. I can be reached bytelephone and e-mail; my phone number and email address have not changed. E-mail communications are preferred toavoid any potential delays caused by mailing. If you are unable to email and hard copies of communications are required,they may be sent to our National Document Center at P.O. Box 258806, Oklahoma City, OK 73125-8806. We areunable to receive deliveries at any location from FedEx, UPS or any other courier at this time, as our claims office locationshave been temporarily closed.
Enclosure(s):Legal Summons and Complaint -
*21-000477253**21-000477253*
KJ1
cc to:
CHRISTOPHER P CALKINPRESIDENTTHE LAW OFFICES OF CHRISTOPHER P. CALKIN808 WEST DELEON STTAMPA, FL 33606
GLASSCO, INC. A/A/O MARIBEL REYES-BAUTISTA
CASE #: 21-CC-096727 COURT: COUNTY COURT
COUNTY: HILLSBOROUGHPLAINTIFF(S) DFS-SOP #: 21-000477253 VS.
NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of theState of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Tuesday,October 5, 2021 and a copy was forwarded by ELECTRONIC DELIVERY on Monday, October 11, 2021to the designated agent for the named entity as shown below.
SECURITY NATIONAL INSURANCE COMPANY JULIE TEMPEST 640 CENTURY POINT LAKE MARY, FL 32746
*Our office will only serve the initial process(Summons and Complaint) or Subpoena and is not responsiblefor transmittal of any subsequent filings, pleadings, or documents unless otherwise ordered by the Courtpursuant to Florida Rules of Civil Procedure, Rule #1.080
Jimmy Patronis Chief Financial Officer
Office of the General Counsel - Service of Process Section200 East Gaines Street - P.O. Box 6200 - Tallahassee, FL 32314-6200 - (850)413-4200
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
COUNTY CIVIL DIVISION
GLASSCO, INC.,
a/a/o MARIBEL REYES-BAUTISTA,
Plaintiff,
vs.
SECURITY NATIONAL INSURANCE
COMPANY,
Defendant.
/
CASE NO.:
Division:
COMPLAINT
The Plaintiff, GLASSCO, INC., as assignee of MARIBEL REYES-BAUTISTA, sues the
Defendant, SECURITY NATIONAL INSURANCE COMPANY and states:
1. This is an action for damages that are more than five hundred dollars and one cent
($500.01) and does not exceed two thousand five hundred dollars ($2500.00), exclusive of interest,
costs, and attorneys’ fees.
2. The Plaintiff is and, at all material times, has been a Florida corporation that
provides automotive windshield replacement services in the State of Florida.
3. The Defendant is a corporation doing business under the laws of the State of
Florida, and at all material times, sold motor vehicle insurance to the Insured Customers who have
assigned insurance benefits for windshield replacement services to the Plaintiff.
4. Venue is proper in Hillsborough County, Florida because the Defendant has offices
for transaction of its customary business in Hillsborough County, Florida, and/or the cause(s) of
action set forth below arose and accrued in Hillsborough County, Florida.
5. All conditions precedent to this action have occurred, have been performed, or have
been waived.
6. At all times material, the Insured Customer identified within this complaint was
insured under a motor vehicle insurance policy issued by Defendant (the “Insurance Policy”), and
the Insurance Policy as in full force and effect, and provided coverage for property damages,
including windshield replacement services. A copy of the Insurance Policy is not attached because
the Plaintiff does not have a copy of it. The Defendant, however, is in possession of the Insurance
Policy.
7. While the Insurance Policy was in full force and effect, the Insured Customer’s
vehicle sustained physical damage to the windshield, requiring replacement of the windshield,
which was covered by the Insurance Policy.
8. The above-described damage is a covered loss under the policy.
9. Thereafter, the Insured Customers selected the Plaintiff to replace the windshield,
executed an assignment of insurance benefits in favor of Plaintiff, Plaintiff provided necessary
material and labor to repair and/or replace the windshield, and Plaintiff notified the Defendant of
same. A copy of the work order agreement with assignment of benefits and invoice is attached as
"Composite Exhibit A."
10. Alternatively and/or in addition to the attached assignment of benefits, equitable or
implied assignments exist between the Plaintiff and the Insured Customer for good and valuable
consideration, whereby the Insured Customer otherwise assigned to the Plaintiff all rights, title,
interest, and physical damage benefits under said policy of insurance, including but not limited to,
the rights to recover from the Defendant any and all potential benefits under the Insurance Policy
concerning the Plaintiff's charges for the parts and services provided to the Insured Customer.
11. Defendant, while aware of the foregoing, undertook actions to further Plaintiff’s
reliance upon the clear intent and agreement between Plaintiff and the Insured, and further still,
induced Plaintiff to undertake services in this matter without payment up front. Defendant has
also otherwise taken actions consistent with the existence of actual an assignment of benefits
between the Plaintiff and the Insured Customer in this matter.
12. Plaintiff is the proper party to bring this action by virtue of an assignment of
benefits.
13. Plaintiff has submitted a reasonably priced bill to Defendant and has not been paid.
This is an action for Defendant’s failure to pay full value for the benefits described above.
14. This is an action for breach of contract with damages, exclusive of interest, costs
and attorney’s fees.
15. Despite demand, Defendant has failed or refused to pay Plaintiff’s bill, in full.
16. Defendant’s refusal to reimburse Plaintiff adequately for the services provided, and
otherwise make Plaintiff whole, is a breach of contract.
17. Plaintiff has been damaged as a result of Defendant’s breach in the form of
insurance proceeds that have not been paid, interest, costs and attorney’s fees.
18. Because of Defendant’s breach of contract, it has become necessary that the
Plaintiff retain the services of the undersigned attorney. Plaintiff is obligated to pay a reasonable
fee for the attorney’s services in bringing this action, plus necessary costs.
19. Plaintiff is entitled to recover attorney’s fees and costs under Florida Statute Section
627.428.
DEMAND FOR TRIAL BY JUDGE (BENCH TRIAL)
Plaintiff, forgoes its right to a jury trial and requests that a trial in this matter be
conducted only before the presiding Judge rather than a jury. Any demand for jury trial is
made over Plaintiff’s objection so that any additional time, expense, frustration or
inconvenience to any prospective juror in this matter may be avoided.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff demands judgment against Defendant for all unpaid bills
together with pre-judgment interest thereon, all interest on any past benefits not timely paid, breach
of contract nominal damages and attorney’s fees pursuant to Florida Statutes §§ 627.428, legal
assistant fees pursuant to § 57.104, Florida Statutes, and costs pursuant to §§ 57.041 and 92.231(2),
Warning! Information submitted as part of this civil remedy notice is a public record. Data entered into this form will be displayed on the DFS website for public review. Please DO NOT enter Social Security Numbers, personal medical information, personal financial information or any other information you do not want available for public review.
AutoType of Insurance:
SECURITY NATIONAL INSURANCE COMPANYName:
CLAIMS ADJUSTER AND MANAGEMENT
Please identify the person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in this notice.
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.
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)(1)
Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made.
624.155(1)(b)(2)
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.
624.155(1)(b)(3)
Attempting to settle claims on the basis of an application, when serving as a binder or intended to become a part of the policy, or any other material document which was altered without notice to, or knowledge or consent of, the insured.
626.9541(1)(i)(1)
A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy.
626.9541(1)(i)(2)
Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(a)
Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
626.9541(1)(i)(3)(b)
Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(c)
Denying claims without conducting reasonable investigations based upon available information.
626.9541(1)(i)(3)(d)
Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed.
626.9541(1)(i)(3)(e)
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)(f)
Reasons for Notice:
PURSUANT TO SECTION 624.155, F.S. please indicate all statutory provisions alleged to have been violated.
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
VIOLATION OF ADJUSTERS CODE OF ETHICS; STATUTORY VIOLATIONS
Civil Remedy Notice of Insurer Violations
Filing Number: 584423
Reason for Notice
DFS-10-363 Rev. 10/14/2008
Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
626.9541(1)(i)(3)(g)
Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
Glassco, Inc., (hereinafter referred to as “Windshield Shop”), is a Florida for-profit windshield repair and/or replacement corporation that was assigned the benefits under a comprehensive automobile policy issued to the Insured Customer. Windshield Shop provided windshield repair/replacement services (“covered loss”), for an automobile that was insured under an insurance policy for or on behalf of Insured Customer. Automobile insurance coverage was extended for the windshield covered loss by Security National Insurance Company or one of its affiliate or subsidiary companies, (hereinafter, “Insurance Company”) who executed and delivered a policy of comprehensive automobile insurance to Insured Customer, covering the Insured Customer’s vehicle from all losses, unless specifically excluded.On the subject date of loss, Insured Customer’s vehicle suffered a covered loss in the form of direct physical damage to the windshield, requiring repair and/or replacement of Insured Customer’s windshield. Within a reasonable time after the loss, Insurance Company was notified of the loss sustained, provided with all details surrounding the loss, that Windshield Shop was selected by Insured Customer to repair and/or replace the Insured Customer’s vehicle’s windshield, and that the Insured Customer executed an assignment of benefits in favor of Windshield Shop.Thereafter, Windshield Shop repaired/replaced the Insured Customer’s windshield at a reasonable price, i.e. – the “full” amount charged. Thereafter, pursuant to the Assignment of Benefits, Windshield Shop submitted its invoice for payment of the full amount to Insurance Company, requesting reimbursement for the covered repair and/or replacement. Insurance Company has failed to make timely payment of the invoice to Windshield Shop for the full amount of the covered repair and/or replacement. Background Information Concerning Insurance Company’sWindshield Insurance Coverage
In the State of Florida, motor vehicle insurance companies, like Insurance Company, are statutorily prohibited from applying a deductible to a windshield insurance claim. In this regard, Section 627.7288, Florida Statutes states:627.7288 Comprehensive coverage; deductible not to apply to motor vehicle glass.—The deductible provisions of any policy of motor vehicle insurance, delivered or issued in this state by an authorized insurer, providing comprehensive coverage or combined additional coverage shall not be applicable to damage to the windshield of any motor vehicle covered under such policy.
A "deductible" is a form of self-insurance, which when applicable, relieves the insurer of responsibility for a portion of the loss and requires the insured to share in the risk of loss. Unlike other statutes governing insurance coverage, Section 627.7288 does not impose any restrictions on the Insurance Company's liability for windshield coverage. For example, the Florida personal injury protection ("PIP") statute only requires insurance companies to pay 80% of the insured's "reasonable" medical expenses, up to $10,000. See, §627.736(1)(a), Fla. Stat. The PIP statute provides two different methodologies that insurance companies must choose between to calculate that "reasonable" amount. One methodology is a fact dependent method, which is based on a number of enumerated factors, which can never exceed the health care provider's "usual and customary charge." See, §627.736(5)(a), Fla. Stat. The other methodology is based on a "schedule of maximum charges" which is based on a set of predetermined and fixed rates and published fee schedules. See, §627.736(5)(a)1a.-f, Fla. Stat. No such limitation or payment calculation methodology is included in Section 627.7288 with respect to windshield repair and/or replacement expenses.Unlike insurers who provide windshield insurance which is statutorily prohibited from having a deductible,
To enable the insurer to investigate and resolve your claim, describe the facts and circumstances giving rise to the insurer's violation as you understand them at this time.
Not applicable because the Insurance Company has not provided a copy of the policy. Notwithstanding, based upon an exemplar of what is believed to be the policy (without being able to confirm the exact language of the operative policy), the policy language referenced immediately below describing the facts and circumstances of the Insurance Company violation is the only language that can be referenced at this time.
Reference to specific policy language that is relevant to the violation, if any. If the person bringing the civil action is a third party claimant, she or he shall not be required to reference the specific policy language if the authorized insurer has not provided a copy of the policy to the third party claimant pursuant to written request.
DFS-10-363 Rev. 10/14/2008
insurers who provide PIP insurance are statutorily required to offer their insureds the option of purchasing that PIP insurance with a deductible of $250, $500, or $1,000. See, § 627.739(2), Fla. Stat. By increasing the amount of the deductible, the insured's PIP insurance premium price is reduced. No such deductible or corresponding premium reduction applies to windshield insurance coverage.Insurance Company’s standard automobile insurance policy issued in the State of Florida, purports to provide windshield repair and/or replacement coverage without a deductible. As such, Insurance Company is required to pay the full billed amount of the auto-glass repair and/or replacement services provided by Windshield Shop Background Information Concerning the Insured CustomerWindshield Shop's customer and Insurance Company’s Insured Customer, was an insured under an automobile insurance policy issued by Insurance Company, and that policy was in full force and effect, and provided coverage for windshield repair and/or replacement. On the subject date of loss, Insured Customer’s vehicle sustained physical damage to its windshield, requiring repair and/or replacement of the windshield, which was covered by the insurance policy issued by Insurance Company to Insured Customer.Thereafter, Insured Customer selected Windshield Shop to repair and replace the windshield, executed an assignment of insurance benefits in favor of Windshield Shop, and notified Insurance Company of same. Thereafter, Windshield Shop repaired and replaced the Insured Customer’s windshield at a reasonable price and in accordance with the subject insurance policy. Thereafter, Windshield Shop submitted its request for reimbursement to Insurance Company and Insurance Company failed to pay the full amount to Windshield Shop and has refused to fully and timely pay Windshield Shop's charges.In addition to Insurance Company's failure to make full and timely payment to Windshield Shop for the windshield repair and/or replacement services provided to Insured Customer, Insurance Company has failed to make full and timely payment to Windshield Shop for other windshield repair and/or replacement work performed for other customers insured by Insurance Company, and Windshield Shop reasonably anticipates that it will continue to perform windshield repair and/or replacement work in the future for other customers insured by Insurance Company.In failing and/or refusing to pay the full amount of Windshield Shop's charges for the windshield repair and/or replacement services provided to Insured Customer, Insurance Company has never raised any type of objections concerning the windshield repair and/or replacement services provided to by the Windshield Shop to Insurance Company’s insureds.Nature of Complaint – Breach of ContractWindshield Shop filed suit in Hillsborough County due to Insurance Company’s refusal to reimburse them pursuant to the relevant policy of insurance. Windshield shop provides services in the form of repairing the insured’s windshield. Coverage has been confirmed and Windshield shop provided the required services and invoiced Insurance Company pursuant to the policy.
Insurance Company does not investigate, or otherwise adjust windshield glass claims, in violation of the policy. Instead, Insurance Company fails to pay or otherwise reimburses an amount that is pre-determined without any explanation for its actions. Insurance Company has contracted with its third party administrator in a manner that steers their insureds to the vendor of Insurance Company, and the third party administrator’s choice in violation of Florida Statute. Insurance Company continues to pay out benefits for windshield claims through its third party administrator in violation of its own policy and continues to create a de facto deductible which exposes their insured to monetary damages. Insurance Company permits their third party administrator to contact vendors that are not part of the preferred network by way of work order that incorporates a price structure that is not incorporated in the policy. Insurance Company has unfairly and unreasonably contracted with its third party administrator in an attempt to ensure that repair shops that are not part of the third party’s “network” are not paid pursuant to the policy to cost save.Insurance Company continues to attempt to insert limiting words into the insurance policy that simply do not exist. Even though the Windshield shop invoiced a reasonable amount that Insurance Company could have and should have paid in full, Insurance Company refuses to reimburse in full. Despite the fact that in order to pay the loss the policy requires Insurance Company to make a determination as to whether the body shop performing the repair or replacement at a reasonable price in compliance with the subject insurance policy, Insurance Company has instead engaged in an unfair claims practice act in the following manner. Long before the issuance of this policy Insurance Company made a decision to reimburse or deny windshield repair or replacement claims in a manner that bore no rationale relationship to the actual reasonable, competitive pricing for each respective windshield repair or replacement service. Insurance Company knew when this policy was issued the exact amount it would not pay in excess of for glass repair/replacement. Insurance company fails to adequately and clearly notify its insureds in the policy that Insurance Company will pay the “lowest price” or adequate explain the methodology it used to determine the price paid or reasons for denial of the subject claim. Consequently Insurance Company misrepresents insurance policy provisions, does not adopt and implement standards for the proper investigation of glass claims, denies glass claims without conducting reasonable investigations, and fails to provide any explanation, let alone a reasonable explanation, in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for the denial of a claim or for then offer of a compromise settlement.
DFS-10-363 Rev. 10/14/2008
Insurance Company tells its insureds, after the work is performed that it will pay no more and the insured is left holding the bag.Insurance Company’s asserts frivolous defenses to justify their unsubstantiated payment amounts. More than that, Insurance Company pays repair facilities that are similarly situated different amounts in contrast to their position that they only pay pursuant to the pre-determined pricing structure.Insurance Company engages in frivolous litigation to harass Windshield Shop by asserting that Windshield shop’s price exceeds a reasonable, competitive price.These acts are in violation of Florida Statutes 624.155, 626.9541(1)(i)(2)(3-a-i), are willful, wanton malicious in nature and in reckless disregard for the rights of its insureds. They also occur with such frequency as to indicate a general business practice. After litigation is initiated Insurance Company continues to engage in bad faith continuing to deny payment in full for the subject invoice. Insurance Company can remedy the claim by paying the overdue amount with interest, costs and any associated attorney’s fees.Insurance Company must cure the controversy set forth herein by satisfying two conditions within 60 days from receipt of this notice. The first condition is that Insurance Company must pay the full amount of the windshield repair/replacement that was charged by Windshield Shop for such repair/replacement for Insured Customer’s windshield at issue as set forth herein. The second condition is that Insurance Company must comply with its insurance policy by ceasing the application of a defacto deductible to said windshield repair/replacement. Both of these conditions must be cured in order to satisfy this civil remedy notice. Insurance Company’s employees, including management, has a financial incentive to use this claim reduction/denial system to share in profits of denied or reduced payments. By failing to fully and timely pay the charges, and employing the reduction/denial unfair business practice explained above, Insurance Company has violated the following statutes:
624.155 Civil remedy.—(1) Any person may bring a civil action against an insurer when such person is damaged:(a) By a violation of any of the following provisions by the insurer:1. Section 626.9541(1)(i), (o), or (x);2. Section 626.9551;3. Section 626.9705;4. Section 626.9706;5. Section 626.9707; or6. Section 627.7283.
(b) By the commission of any of the following acts by the insurer: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;2. Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made; or3. 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. Notwithstanding the provisions of the above to the contrary, a person pursuing a remedy under this section need not prove that such act was committed or performed with such frequency as to indicate a general business practice.(2) Any party may bring a civil action against an unauthorized insurer if such party is damaged by a violation of s. 624.401 by the unauthorized insurer.(3)(a) As a condition precedent to bringing an action under this section, the department and the authorized insurer must have been given 60 days’ written notice of the violation. If the department returns a notice for lack of specificity, the 60-day time period shall not begin until a proper notice is filed.(b) The notice shall be on a form provided by the department and shall state with specificity the following information, and such other information as the department may require:1. The statutory provision, including the specific language of the statute, which the authorized insurer allegedly violated.2. The facts and circumstances giving rise to the violation.3. The name of any individual involved in the violation.4. Reference to specific policy language that is relevant to the violation, if any. If the person bringing the civil action is a third party claimant, she or he shall not be required to reference the specific policy language if the authorized insurer has not provided a copy of the policy to the third party claimant pursuant to written request.5. A statement that the notice is given in order to perfect the right to pursue the civil remedy authorized by this section.(c) Within 20 days of receipt of the notice, the department may return any notice that does not provide the specific information required by this section, and the department shall indicate the specific deficiencies contained in the notice. A determination by the department to return a notice for lack of specificity shall be exempt from the requirements of chapter 120.(d) No action shall lie if, within 60 days after filing notice, the damages are paid or the circumstances giving
DFS-10-363 Rev. 10/14/2008
rise to the violation are corrected.(e) The authorized insurer that is the recipient of a notice filed pursuant to this section shall report to the department on the disposition of the alleged violation.(f) The applicable statute of limitations for an action under this section shall be tolled for a period of 65 days by the mailing of the notice required by this subsection or the mailing of a subsequent notice required by this subsection.(4) Upon adverse adjudication at trial or upon appeal, the authorized insurer shall be liable for damages, together with court costs and reasonable attorney’s fees incurred by the Plaintiff.(5) No punitive damages shall be awarded under this section unless the acts giving rise to the violation occur with such frequency as to indicate a general business practice and these acts are:(a) Willful, wanton, and malicious;(b) In reckless disregard for the rights of any insured; or(c) In reckless disregard for the rights of a beneficiary under a life insurance contract.Any person who pursues a claim under this subsection shall post in advance the costs of discovery. Such costs shall be awarded to the authorized insurer if no punitive damages are awarded to the Plaintiff.(6) This section shall not be construed to authorize a class action suit against an authorized insurer or a civil action against the commission, the office, or the department or any of their employees, or to create a cause of action when an authorized health insurer refuses to pay a claim for reimbursement on the ground that the charge for a service was unreasonably high or that the service provided was not medically necessary.(7) In the absence of expressed language to the contrary, this section shall not be construed to authorize a civil action or create a cause of action against an authorized insurer or its employees who, in good faith, release information about an insured or an insurance policy to a law enforcement agency in furtherance of an investigation of a criminal or fraudulent act relating to a motor vehicle theft or a motor vehicle insurance claim.(8) The civil remedy specified in this section does not preempt any other remedy or cause of action provided for pursuant to any other statute or pursuant to the common law of this state. Any person may obtain a judgment under either the common-law remedy of bad faith or this statutory remedy, but shall not be entitled to a judgment under both remedies. This section shall not be construed to create a common-law cause of action. The damages recoverable pursuant to this section shall include those damages which are a reasonably foreseeable result of a specified violation of this section by the authorized insurer and may include an award or judgment in an amount that exceeds the policy limits.
626.9541(1)(e)(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS--The following are defined as unfair methods of competition and unfair or deceptive acts or practices:
(e) False statements and entries--
1. 1. Knowingly:
a. Filing with any supervisory or other public official,b. Making, publishing, disseminating, circulating,c. Delivering to any person,d. Placing before the public,e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.
626.9541(1)(i)Unfair claim settlement practices—
(i) Unfair claim settlement practices.—1. Attempting to settle claims on the basis of an application, when serving as a binder or intended to become a part of the policy, or any other material document which was altered without notice to, or knowledge or consent of, the insured;2. A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy; or3. Committing or performing with such frequency as to indicate a general business practice any of the following:a. Failing to adopt and implement standards for the proper investigation of claims;b. Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue;c. Failing to acknowledge and act promptly upon communications with respect to claims;d. Denying claims without conducting reasonable investigations based upon available information;
DFS-10-363 Rev. 10/14/2008
e. Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed;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;g. Failing to promptly notify the insured of any additional information necessary for the processing of a claim; orh. Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
627.7288:
Comprehensive coverage; deductible not to apply to motor vehicle glass.—The deductible provisions of any policy of motor vehicle insurance, delivered or issued in this state by an authorized insurer, providing comprehensive coverage or combined additional coverage shall not be applicable to damage to the windshield of any motor vehicle covered under such policy.
Comments
User Id Date Added Comment
DFS-10-363 Rev. 10/14/2008
Page 1 of 4
IN THE CIRCUIT/COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
GLASSCO, INC.; MARIBEL REYES-BAUTISTA
Plaintiffs,
v. Case Number: 21-CC-096727DIVISION I
SECURITY NATIONAL INSURANCE COMPANY
Defendants.
___________________________
DIFFERENTIATED CASE MANAGEMENT ORDERESTABLISHING DEADLINES
(GENERAL COUNTY CIVIL CASES FILED AFTER APRIL 30, 2021)
THIS CAUSE comes before the Court on review of Amendment 12 to Florida Supreme Court Administrative Order AOSC20-23 (the “Supreme Court Order”). The Supreme Court Order directs that the chief judge of each circuit issue an administrative order requiring the presiding judge for each civil case to actively manage civil cases pursuant to a differentiated case management process. Consistent with this requirement, the Chief Judge of the Thirteenth Judicial Circuit issued Administrative Order S-2021-024 (the “Case Management Plan”) on April 26, 2021.
Accordingly, it is now
FOUND, ORDERED, and ADJUDGED that:
1. Designation of Case. This case is preliminarily designated as a General civil case, as defined by the Supreme Court Order and the Case Management Plan.
2. Plaintiff’s Obligation to Serve DCM Order on All Defendants. Consistent with the Case Management Plan, this Differentiated Case Management Order Establishing Deadlines (the “DCM Order”) has been generated automatically with the filing of the complaint and will be provided to Plaintiff along with the summons. Plaintiff is DIRECTED to
Page 2 of 4
serve the DCM Order on each and every named defendant in the same manner and at the same time as the complaint itself is served.
3. Conformity with Supreme Court Order’s Directive. The deadlines established in this DCM Order are set in conformity with the Supreme Court Order’s directive that General civil cases be managed according to the time standards specified in Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B).
4. Procedure for Modification of Deadlines. Counsel or any unrepresented parties, or both, may seek to modify the deadlines set forth in this order by either:
a. Filing a motion and setting it for hearing; or
b. Stipulating to new deadlines and submitting an Amended Differentiated Case Management Order (“Amended DCM Order”) in substantially the same form as this DCM Order and containing the same deadline categories. An Amended DCM Order form is available under the “Forms” tab of the undersigned’s page at http://www.fljud13.org.
5. Firm Trial Date to be Set by Uniform Trial Scheduling Order. Consistent with the Supreme Court Order’s mandate, the deadlines set forth in this DCM Order contemplate a projected trial date within 18 months after the filing of the complaint. A firm pretrial conference and trial date will be set through entry of a separate Trial Scheduling Order by the presiding judge for each civil case.
6. Failure to Comply. The failure to comply with any part of this DCM Order may result in dismissal of the complaint without prejudice; entry of a judicial default; monetary sanctions against counsel or any unrepresented parties, or both; or any other sanctions deemed appropriate by the Court.
7. Requirement to Review and Comply with Administrative Order for County Civil Division. Counsel and any unrepresented parties are DIRECTED to review and comply with all provisions of the Thirteenth Circuit’s Administrative Order S-2021-026 (County Civil Division) as well as the presiding judge’s procedures and preferences available under the “Procedures/Preferences” tab of the undersigned’s page at http://www.fljud13.org.
8. Deadlines. The deadlines set forth herein are ESTABLISHED and will GOVERN this case and will be strictly enforced by the Court. Counsel and any self-represented parties are DIRECTED to review, calendar, and abide by them.
Deadline for service of complaint.[120 days after filing of complaint; see Rule 1.070(j), Fla. R. Civ. P.]
01/14/2022
Deadline for adding parties.[150 days after filing of complaint; subject to Rule 1.210, Fla. R. Civ. P.]
02/14/2022
Deadline for service under extensions.
[180 days after filing of complaint; see Rule 1.070(j), Fla. R. Civ.P.]
03/15/2022
Deadline for completion of fact discovery. [270 day after filing of complaint.] [NOTE: All discovery must be served in time for a timely response to be received prior to the deadline for completion of fact discovery. All non-expert witness depositions must occur prior to the completion of fact discovery. Failure to timely complete discovery by the deadline may result in, among other things, exclusion of evidence and/or sanctions.]
06/13/2022
Deadline for filing motion to compel discovery.
[284 days after filing of complaint.]06/27/2022
Plaintiff’s expert disclosure deadline. [300 days after filing of complaint.]
07/13/2022
Defendant’s expert disclosure deadline. [330 days after filing of complaint.]
08/12/2022
Rebuttal expert disclosure deadline.[344 days after filing of complaint.]
08/26/2022
Deadline for filing stipulated Notice for Trial or a Motion to Set Case for Trial.[360 days after filing of complaint.]
09/12/2022
Deadline for completion of compulsory medical exam, if applicable and requested (“CME”).[390 days after filing of complaint; subject to Rule 1.360(1)(A), Fla. R. Civ. P.]
10/11/2022
Page 4 of 4
Deadline for completion of mediation or non-binding arbitration.[390 days after filing of complaint.]
10/11/2022
Deadline for completion of expert discovery.[420 days after filing of complaint.]
11/10/2022
Deadline for filing any dispositive motion, Daubert motion or objection to pleadings.
[420 days after filing of complaint.]11/10/2022
Date of the pretrial meeting between counsel and any unrepresented parties. [450 days after filing of complaint.]
12/12/2022
Deadline for filing the joint final pretrial statement, any motion in limine, proposed jury instructions, and verdict form. [480 days after filing of complaint.]
01/09/2023
Date of the final pretrial conference. [510 days after filing of complaint.]
02/08/2023
Month and year of the projected trial term.[540 days after filing of complaint; the trial week will be set by an Order Setting Case for Trial & Pretrial at a later date; see Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B).]
March, 2023
ENTERED by the undersigned judge on the date imprinted below.
Senior Judge, County Judge
21-CC-096727 9/22/2021 10:29:00 AM
COCV1261 (02-19-2021) Page 1 of 3 Electronically 9/22/2021 10:29:32 AM Hillsborough County Clerk of the Circuit Court
IN THE CIRCUIT/COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NUMBER. 21-CC-096727 Division I
GLASSCO, INC. A/A/O MARIBEL REYES-BAUTISTA Plaintiff
vs
SECURITY NATIONAL INSURANCE COMPANY Defendant
SUMMONS
THE STATE OF FLORIDA:TO EACH SHERIFF OF THE STATE:
YOU ARE COMMANDED to serve this summons and a copy of the complaint or petition in this action on the Defendant(s) whose name and address is:
SECURITY NATIONAL INSURANCE COMPANYC/O CFO
200 EAST GAINES STTALLAHASSEE FL 32399
Each Defendant is required to serve written defenses to the complaint or petition on Plaintiff’s attorney, whose name and address is:
Printed: CHRISTOPHER P CALKIN Attorney for :Glassco, Inc.Address: THE LAW OFFICE OF CHRISTOPHER P CALKIN PA 808 W DE LEON STTAMPA FL 33606Florida Bar No. 148751
within 20 days after service of this summons on that defendant, exclusive of the day or service, and to file the original of the defenses with the clerk of this court either before service on Plaintiff’s attorney or immediately thereafter. If a Defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition.
DATED on September 22, 2021.
21-CC-096727 9/22/2021 10:29:14 AM
COCV1261 (02-19-2021) Page 2 of 3 Electronically 9/22/2021 10:29:32 AM Hillsborough County Clerk of the Circuit Court
CINDY STUARTAs Clerk of the CourtP.O. Box 3360800 E. Twiggs Street, Room 101Tampa, Florida 33601
Prepared by Noemi Cohn, Deputy ClerkHillsborough County, Florida (813) 276-8100
IMPORTANTA lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book).
If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the “Plaintiff/Plaintiff’s Attorney” named in the documents.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St., Room 604, Tampa, Florida 33602, (813) 272-7040, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
IMPORTANTE Usted ha sido demandado legalmente. Tiene 20 días, contados a partir del recibo de esta notificación, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una llamada telefónica no lo protegerá. Si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el número del caso y los nombres de las partes interesadas. Si usted no contesta la demanda a tiempo, pudiese perder el caso y podría ser despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso del tribunal. Existen otros requisitos legales. Si lo desea, puede usted consultar a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal que aparecen en la guía telefónica.
Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su respuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la persona denominada abajo como “Plaintiff/Plaintiff’s Attorney” (Demandante o Abogado del Demandante).
Si usted es una persona minusválida que necesita algún acomodamiento para poder participar en este procedimiento, usted tiene derecho, sin tener gastos
COCV1261 (02-19-2021) Page 3 of 3 Electronically 9/22/2021 10:29:32 AM Hillsborough County Clerk of the Circuit Court
propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en contacto con el Coordinador de ADA, Hillsborough County Courthouse, 800 E. Twiggs St., Sala 604, Tampa, Florida 33602, (813) 272-7040, por lo menos 7 días antes de la cita fijada para su comparecencia en los tribunales, o inmediatamente después de recibir esta notificación si el tiempo antes de la comparecencia que se ha programado es menos de 7 días; si usted tiene discapacitación del oído o de la voz, llame al 711.
IMPORTANTDes poursuites judiciares ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date de l’assignation de cette citation pour deposer une reponse ecrite a la plainte ci-jointe aupres de ce tribunal. Un simple coup de telephone est insuffisant pour vous proteger. Vous etes obliges de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et du nom des parties nommees ici, si vous souhaitez que le tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du tribunal. Il y a d’autres obligations juridiques et vous pouvez requerir les services immediats d’un avocat. Si vous ne connaissez pas d’avocat, vous pourriez telephoner a un service de reference d’avocats ou a un bureau d’assistance juridique (figurant a l’annuaire de telephones).
Si vous choisissez de deposer vous-meme une reponse ecrite, il vous faudra egalement, en meme temps que cette formalite, faire parvenir ou expedier une copie de votre reponse ecrite au “Plaintiff/Plaintiff’s Attorney” (Plaignant ou a son avocat) nomme ci-dessous.
Si ou se yon moun ki enfim ki bezwen akomodasyon pou w kab patisipe nan pwosedi sa a, ou gen dwa, san ou pa bezwen peye okenn lajan, pou w jwenn yon sèten èd. Tanpri kontakte Hillsborough County Courthouse, 800 E. Twiggs St., Sal 604, Tampa, Florida 33602, (813) 272-7040, Kòdonatris pwogram Lwa Ameriken pou Moun ki Enfim yo nan, fè sa omwen 7 jou anvan dat ou gen randevou pou parèt nan Tribinal la, oswa fè sa imedyatman apre ou fin resevwa konvokasyon an si dat ou gen pou w parèt nan tribinal la mwens pase 7 jou; si ou gen pwoblèm pou w tande byen oswa pou w pale klè, rele 711.
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
COUNTY CIVIL DIVISION
GLASSCO, INC.,
a/a/o MARIBEL REYES-BAUTISTA,
Plaintiff,
vs.
SECURITY NATIONAL INSURANCE
COMPANY,
Defendant.
/
CASE NO.:
Division:
REQUEST FOR ADMISSIONS
RULE 1.370(a), FLORIDA RULES OF CIVIL PROCEDURE, REQUIRES THE PARTY
TO WHOME THIS REQUEST IS DIRECTED TO SERVE A WRITTEN RESPONSE.
RULE 1.370(a), FLORIDA RULES OF CIVIL PROCEDURE, REQUIRES THAT ANY
DENIAL BE SEPCIFIC, OR SET FORTH IN DETAIL THE REASONS WHY THE
REQUESTED ADMISSION CANNOT TRUTHFULLY BE ADMITTED OR DENIED. ANY
DENIAL MUST FAIRLY MEET THE SUBSTANCE OF THE REQUESTED ADMISSION.
LACK OF INFORMATION OR KNOWLEDGE MAY NOT BE GIVEN AS A REASON FOR
FAILURE TO ADMIT OR DENY UNLESS IT IS STATED THAT A REASONABLE INQUIRY
HAS BEEN MADE AND THE INFORMATION KNOW OR READILY OBTAINABLE IS
INSUFFICIENT TO ENABLE ADMISSION OR DENIAL.
Plaintiff, pursuant to Rule 1.370, Florida Rules of Civil Procedure, requests Defendant
admit the truth of the following:
I. For each Count listed in the Complaint at issue in this matter, please admit to the
following:
REQUESTS FOR ADMISSIONS
1. Admit that Plaintiff properly noticed the loss at issue.
2. Admit that Defendant received notice of the loss at issue and the amount of same.
3. Admit that the loss at issue is a covered loss under the relevant policy of insurance.
4. Admit that Plaintiff timely invoiced the Defendant for the work performed to the Insured’s
vehicle’s windshield.
5. Admit that the Defendant is in breach of the relevant contract.
6. Admit that the Defendant uses a third party to determine the amount of loss to reimburse
for windshield loss claims.
7. Admit that Defendant pays a fixed pricing schedule for each automobile windshield
replacement service.
8. Admit that the Plaintiff replaced the insured’s windshield for relevant loss at issue.
9. Admit that Plaintiff has standing to bring the instant cause of action for the relevant loss at
issue.
10. Admit that Defendant does not have a reasonable basis for the denial of the subject loss in
whole or in part.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy hereof was electronically filed and
served using the Florida Courts E-Filing Portal on counsel for Defendant on the date filed with
the Florida Courts E-Filing Portal.
Respectfully submitted,
_____/s/ CPC____________________ CHRISTOPHER P. CALKIN, ESQ.
FBN 148751 MIKE N. KOULIANOS, ESQ.
FBN 105298
The Law Offices of Christopher P. Calkin, P.A. 808 W. De Leon Street Tampa, FL 33606 Telephone: (813)258-5008
