Civil Remedy Notice of Insurer Violations
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Filing Number:     785129
Filing Accepted:  10/1/2024
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Complainant
Last/Business Name *  
KEELER   First Name   JENNIFER & MATTHEW
Street Address * 6785 COLUMBIA AVENUE
City, State Zip * LAKE WORTH, FL 33467
Email Address * MATTKEELER136@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   KEELER   First Name   JENNIFER & MATTHEW
Policy # * 12-1084863-01 Claim #* 12-3006760-22
Attorney
Attorney is Applicable
Last Name* BUTZ First Name * KYLE Initial
Street Address* 333 SE 2ND AVE, SUITE 2000
City, State Zip* MIAMI , FL 33131
Email Address * KBUTZ@DKLAWFL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   TYPTAP INSURANCE COMPANY
NAIC Company Code 15885
 
Name of individual responsible for violation (if any):* CLAIMS DEPARTMENT AND/OR KRYSTAL MATHIS
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
* 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

These actions from the carrier as set forth above violate the following Florida Statutes: 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. The Carrier’s actions set forth above also violated the following policy provisions: Section I- Perils Insured Against, subsection 1, providing coverage for direct loss to property unless the damage was caused solely by an excluded or excepted cause of loss; and the loss payment provision under Section I- Conditions requiring payment of a claim within 90 days.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

September 30, 2024, Sent Via U.S. Mail & Email TYPTAP INSURANCE COMPANY (Attn: Claims department and/or Krystal Mathis) P.O. BOX 1120 OCALA, FLORIDA 34478 (844) 289-7968 claims@typtap.com RE: Insured(s) : Jennifer Keeler & Matthew Keeler (“insured(s)”) Policy # : 12-1084863-01 Claim # : 12-3006760-22 Property Address : 6785 Columbia Ave. Lake Worth, FL 33467 Insured(s) Email : mattkeeler136@gmail.com and Dear TYPTAP INSURANCE COMPANY, (“carrier”): Please find enclosed the civil remedy notice filed for the above referenced claim. As discussed in greater detail in the notice, the carrier has not attempted in good faith to settle the insureds’ claim when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insureds and with due regard for their interests. The carrier is required to properly investigate and adjust claims and cannot place that burden upon the insureds. On July 11, 2022, the insureds reported the claim to the Carrier, putting the Carrier on notice of the damages occurring on or about May 29, 2022. After being put on such notice, the carrier initially sent a representative, Brad Holmes, to inspect the property. Mr. Holmes inspected the property on July 23, 2022. Mr. Monteleone observed cracked tiles to the roof. Further, he observed water damage, from a roof leak. On July 11, 2022, the Carrier received a letter of representation from the insured’s public adjuster, ClaimPros. On August 10, 2022, the Carrier received documentation from the public adjuster including a sworn proof of loss and estimate of damages. Despite having completed their inspection and having documentation for their review, TypTap failed to make a coverage determination within 90 days pursuant to Florida Statute 627.70131(7)(a). As of 90 days from August 10, 2022, there were no pending requests for documents or information. TypTap’s corporate representative testified in deposition that TypTap retained an engineer to inspect the property on July 28, 2022. It is unclear why the engineer retained by TypTap waited nearly 3 months to perform their inspection of the property. Nevertheless, the engineer inspected on October 25, 2022. An engineering report was then provided to TypTap on November 16, 2022. TypTap’s corporate representative testified that there was no further investigation between TypTap receiving the report on November 16, 2022, and finally making a coverage determination on January 18, 2023. There was nothing preventing TypTap from making a coverage determination within 90 days of receiving the public adjuster estimate. Even if TypTap contends that they were waiting on the engineering report, it is absolutely inexcusable that TypTap sat on the report for an additional two months without making a coverage determination. In blatant disregard for Florida Statute 627.70131(7)(a), TypTap waited until January 18, 2023, more than six months after the claim was reported, to finally make a coverage determination for this claim. The carrier engages in this practice of delaying claims with such regularity and frequency as to indicate that it is a general business practice of this carrier, in reckless disregard for the rights of the insureds. The carrier outright ignores the parameters set forth by Florida Statute. Rather than evaluating the damage in a prudent manner or making any good-faith effort to investigate the claim, the carrier delays the claim and frustrates the process. The carrier’s actions have significantly delayed the resolution of this claim. The carrier has a pattern of drastically delaying claims. This investigation by the carrier was not done in good faith and is in direct violation of the statutory requirement for carriers to promptly and properly investigate all claims. These actions from the carrier as set forth above violate the following Florida Statutes: 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. The Carrier’s actions set forth above also violated the following policy provisions: Section I- Perils Insured Against, subsection 1, providing coverage for direct loss to property unless the damage was caused solely by an excluded or excepted cause of loss; and the loss payment provision under Section I- Conditions requiring payment of a claim within 90 days. All the aforementioned are part of what appears to be an ongoing pattern and practice of behavior of the carrier that it demonstrates a wanton and reckless disregard for the insureds’ rights and a pattern and practice of bad faith claims practices to its insureds across the state of Florida. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must: 1.) Pay the complete covered loss in the amount of $79,358.19; 2.) Pay the statutory interest on the amount of unpaid damages from the date of loss to the date payment is finally made. A copy of this letter and filed form submitted to the FDFS has been printed out and mailed. Please do not hesitate to contact the undersigned if you have any questions or concerns. Sincerely, Kyle Butz, Esq. Attorneys at Law
Comments
User Id Date Added Comment
claims@typtap.com 11-22-2024 This is TypTap Insurance Company’s (“TypTap”) response to the Civil Remedy Notice of Insurer Violations (“CRN”) filed on behalf of Jennifer & Matthew Keeler (“Insured”). After reviewing the CRN, TypTap conducted a thorough review of the subject claim (“Claim”) and confirmed it handled the Claim properly. Ultimately, all issues regarding the Claim, including all issues raised in the CRN, have been resolved via a full and final settlement agreement (“settlement”). Pursuant to the settlement, the Insured signed or is in the process of signing a full, final and valid release that addresses all claims for bad faith in relation to the Claim. This response to the CRN in no way impairs or otherwise alters the full and final settlement of the Claim. Subject to the foregoing, TypTap denies it committed a violation of any Florida statute prior to the settlement or at any time as alleged in the CRN. TypTap also notes the CRN is deficient as, for instance, it fails to cite relevant statutory provisions along with supporting, specific insurance contract language and facts. Ultimately, as referenced above, TypTap settled all issues regarding the Claim, including any and all issues raised in the CRN, as set forth in the release. Finally, upon request by the Department of Financial Services, TypTap will provide to the Department of Financial Services detailed correspondence TypTap provided to the Insured regarding TypTap’s obligations for the Claim under the insurance contract and the facts of the Claim.
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