Civil Remedy Notice of Insurer Violations
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Filing Number:     686064
Filing Accepted:  3/31/2023
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Complainant
Last/Business Name *  
RUSS   First Name   FREDDIE & LEOLA
Street Address * 278 MYSTIC CASTLE DRIVE
City, State Zip * ST AUGUSTINE, FL 32086
Email Address * FREDDIERUSS357@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   RUSS   First Name   FREDDIE & LEOLA
Policy # * 1501-2008-8815 Claim #* FL21-0141226
Attorney
Attorney is Applicable
Last Name* HEIL First Name * DAVID Initial
Street Address* 2324 LEE ROAD
City, State Zip* WINTER PARK , FL 32789
Email Address * DAVID@HEIL-LAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
NAIC Company Code 10861
 
Name of individual responsible for violation (if any):* TYLER FERREE, PETER LIST RYAN WACKER
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
* 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)(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.

Coverage A – Dwelling We cover: 1. The dwelling on the “residence premises” shown in the Declarations
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Universal Property & Casualty Insurance Company refuses to pay the reasonable value of the loss. Universal Property & Casualty Insurance Company has chosen to use a delay, deny and defend strategy in response to this claim instead of properly and fairly adjusting the claim. Universal Property & Casualty Insurance Company has failed to set up appropriate standards and policies within the insurance company claims department to fairly adjust the claim in regard to Freddie and Leola Russ’s claim. Universal Property & Casualty Insurance Company has failed to conduct a proper investigation and adjustment of the claim, the adjustment of this claim has been slanted towards the denial of the claim and not to doing a fair adjustment of the claim in regard to Freddie and Leola Russ’s interest. Universal Property & Casualty Insurance Company has failed to negotiate in good faith and make a reasonable settlement offer in regard to the amount of the loss. The above actions of Universal Property & Casualty Insurance Company forced Freddie and Leola Russ to hire a public adjuster and incur additional and unnecessarily costs by incurring public adjuster fees. Freddie and Leola Russ demand $32,152.30 to resolve this claim.
Comments
User Id Date Added Comment
sm1102@universalproperty.com 05-19-2023 May 19, 2023 VIA ELECTRONIC FILING Florida Department of Financial Services Bureau of Consumer Assistance Civil Remedy Section 200 East Gaines Street Tallahassee, FL 32399-0322 Re: DFS File No.: 686064 Filing Date: 3/31/2023 Complainant(s): Freddie and Leola Russ Insured(s): Freddie and Leola Russ Policy No.: 1501-2008-8815 Claim No.: FL21-0141226 Dear Sir/Madam: Please allow this to serve as Universal Property & Casualty Insurance Company’s (“Universal”) formal response to the above-referenced Civil Remedy Notice (“Notice”) filed by attorney, David Heil, on behalf of Complainants, Freddie and Leola Russ (also referenced as “Insureds”). The Notice alleges violations of Florida Statutes, Sections 624.155 and 626.9541. Universal specifically denies each allegation contained in the Notice filed in relation to this claim. Additionally, Universal denies that it violated these or any statutes, Florida law, or policy provisions and disputes any allegations regarding the claim adjustment of this matter. With that said,?Universal asserts that the Notice fails to comply with the specific notice and information requirements set forth in the Civil Remedy Notice of Insurer Violation document provisions, Florida Statute §624.155 and Florida law. Here, the Notice fails to meet the requirements of Fla. Stat. § 624.155 on several grounds. First, the Notice fails to allege sufficient facts to notify Universal of the alleged violations. Second, the Notice fails to satisfy the requirement to identify the person or persons representing the insurer most responsible for or knowledgeable of the facts giving rise to the allegations. Third, the Notice fails to satisfy Fla. Statute § 624.155(3)(b)(4) in that it fails to reference specific policy language relevant to the alleged violation. Fourth, the Notice does not provide a proper means whereby Universal can “cure” the alleged defects. Finally, the Complainants failed to respond to each of the fields set forth on the DFS Form with the requisite specificity. Therefore, the Notice is insufficient and fails to satisfy the condition precedent to filing a bad faith action. See Pin-Pon Corp. v. Landmark American Ins. Co., 500 F. Supp. 3d 1336 (S.D. Fla. 2020); see Julien v. United Property & Casualty Ins. Co., 311 So.3d 875 (Fla. 4th DCA 2021). Notwithstanding the above referenced deficiencies, the parties have reached an amicable resolution of the disputed claim in exchange for a full Release of Claims. Universal is pending receipt of the Insureds’ executed Release, thus curing any alleged violations. Throughout the handling of the Insureds’ claim, Universal acted in good faith toward the interests of its policyholders. Universal has timely and fairly investigated the reported loss in accordance with Florida law, the policy provisions, and standard claims handling practices. Notwithstanding, any alleged dispute between the parties has been resolved via an amicable resolution in exchange for a full Release of Claims. Thus, it is Universal’s best understanding that the subject claim has been fully adjusted and concluded. Accordingly, the alleged statutory violations and factual allegations of wrongdoing set forth in the Notice are without merit. Universal has complied with all policy provisions and applicable Florida law regarding the adjustment of this matter. Sincerely, /s/ Rose Y. Valentine Rose Y. Valentine, Esq. Senior Associate General Counsel cc: David Heil, Esq., david@heil-law.com (via email only)
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