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HomeMy WebLinkAbout1986 09 24 Ltr to Public Adjuster Belforer� Z JONATHAN L. ALPERT JOHN H. BOTIIWCLL. III GOG G. FREEMON, in. PETER J. GRILLI WILLIAM S. JOSCY MATTHEW B. WMCELEY AL1'LRT, JOSBY, 1'3413-ZIMON S GRITLI ATTORNEYS AT LAW ASHLEY TOWER , SUITE 1370 100 5OUT11 A3I4LEY DRIVE TAmi,A1 FLO1tIDA a3co2 September 24, 1906 , .Ms. Janet- Belfore Public Adjuster Public Adjusters of Florida, Inc. Post Office Drawer 1539 Port Orange, Florida 32029-1539 Re: Insured Date of Loss Claim Number Our rile No. Dear Ms. Belfore: Sebastian Sun Treasure Publishing d/b/a Sebastian Sun April 27, 1906 03B0G110309 0G0704F TELEPHONE 10131223-4I31 This appears to be one of those losses where nothing goes right for anyone, everyone is unhappy, and it is everyone else's fault. You. are to be commended for your consistent and aggressive representation of Treasure Coast Publishing. You should realize, however, there are some constraints under which Safeco must act. ic irst, we cannot lose sight of- the fact that this is an ntentionally set- fire. That is a fact that is of serious oncern to both Safeco and the insured. Prom Safeco's tandpoint-, an intentionally set fire is of- special concern. Safeco has an obligation both at law and to its policyholders to investigate such losses. While Safeco will neither participate in nor promote a criminal prosecution, it is required by Florida statute to provide information to the State Fire Marshal. During the course of that investigation Safeco has been provided with information that runs the entire gamut of speculation. We have been informed that the fire was accidental, intentionally set, electrically started, accelerated by gasoline, accelerated by newspaper, that the building was left unlocked, a window was found open, the building was forcibly entered, a criminal investigation involved the insured, a criminal investigation did not involve the insured, a person was seen running from the ' O Ms. Janet Belfore September 24, 1986 Page Two burning building with a gas can in hand and, finally, the identity of that person has been tentatively made. Safeco has Jbeen frustrated in its investigation of the loss and its findings have been subject to investigation by the State Fire Marshal's Office, the Police Department, the Sheriff's Department, the State Att-orney's Office, and a pending grand jury investigation. At the bottom of this lies two important questions for Safeco. First, was its insured responsible for the fire, which raises the question of whether this claim is fraudulently based. A second question is, if the insured is not responsible, is there a valid subrogation right that must- be preserved. Not only must Safeco investigate this loss but, on at least two occasions during the pendency of the claim, Safeco has been confronted with the question of whether continued payment or claims administration would be a waiver of any rights should the insured be shown to be somehow responsible. Balancing Safeco's needs to conduct an investigation are its genuine concern that it treat- its insured with respect- and refrain from any action that would falsely accuse the insured of being responsible for the loss. It is also Safeco's concern that its investigation of the insured .be as unintrusive as possible. For instance, Mr. Henley is not readily available for an examination under oath. A second constraint specifically involves you, as a Public Adjuster. You have expressed your concern that Safeco has made obvious efforts to sidestep your representation. While we recognize your responsibilities as a Public Adjuster, it remains that Safeco's contract of insurance does not include you as a party. Where Safeco is responding to a claim based on an intentionally set fire, it is important that there be no intermediary, other than an attorney licensed to practice law, between insured and insurer. While we are confident you would not lend yourself- to a fraudulent claim, it is important that certain information come directly from the insured to prevent any later question as to who is responsible for presenting what information to the insurer. At the same time, rest assured that Safeco will do nothing to interfere with your relationship directly to the insured. In this regard, as a licensed Public Adjuster, you are well Ms. Janet Delfore September 24, 1986 Page Three aware of the responsibility to comply with policy conditions. On May 12, 1986, Ms. Julie Baller, an adjuster acting on behalf of Safeco, presented blank proof of loss forms to Mr. David Henley and specifically requested compliance with the policy condition for submission of a sworn statement and proof of loss. Safeco renews that request that'the insured comply with the policy condition and submit a sworn statement and proof of loss. Safeco extends, for a period of sixty days from the date of this letter, any time limit specified for the filing of a proof of loss form. Similarly, any other time limits provided for by the policy of insurance are tolled. Neither the furnishing of the blank proof of loss forms, any payments made by Safeco as an advance to the insured for amounts that may eventually be owed, nor the extension of time in which proof of loss may be filed, is to be construed as a waiver of any of the provisions and conditions of the insurance policy, nor of any rights and privileges available to either the insured or Safeco Insurance Company, all such rights and privileges being expressly preserved. Another point that bears mention is the use of an attorney. Safeco was informed, during a conversation with an attorney by the name of Steve Sapienza, that representation of the insured was sought.' Safeco will do nothing to interfere with the attorney/client relationship and, at that time, ceased all direcE communication with the insured expecting communications to come through counsel. Similarly, during its active representation by counsel, Safeco sought to have all communications directed through its counsel. Safeco apologizes for any inconvenience that may have occurred as a result of yet another piece of incorrect- information. With the most recent information received from the State Attorney's Office, Safeco no longer intends to conduct an examination under oath. This position, however, is taking without waiver of the right to take an examination under oath should circumstances so warrant in the future. Let us both hope that the question of the insured's involvement- in this loss has come to an end. Safeco now looks to conclude the adjustment of damages and payment to the insured as quickly as possible. There remains certain items and coverages in dispute which must be resolved. All further claims handling and adjustment will be conducted isa OWN Ms. Janet Belfore September 24, 1906 Page Four through Ms. Julie Baller and, unless called for in the future, Safeco's attorney will not be actively involved. You should feel free to -contact Ms. naller directly. By the -time you have received this letter you should have been contacted by Ms. Baller: If not, please contact Ms. Baller at your earliest convenience. Yours -very truly, IIob G.( F :cemon BGF/bc cc: Sebastian Sun Post office Box 1209 Sebastian, Florida 32958 jS3