Filing Number: 785350
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| Filing Accepted: 10/2/2024 |
| Last/Business Name
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| Street Address
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852 KEYSTONE CIR |
| City, State Zip
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OVIEDO,
FL
32765
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| Email Address
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JASON.CRAWLEY@HOTMAIL.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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CRAWLEY |
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First Name |
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JASON |
| Policy # * |
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7709HR002377 |
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Claim #* |
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917855-GP |
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Attorney is Applicable
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| Insurer Type
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 Authorized Insurer
 Unauthorized Insurer
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| Insurer Name |
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| Insurer Name* |
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NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY
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| Insurer Name* |
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| Street Address* |
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| City, State Zip* |
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,
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NAIC Company Code 37877 |
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| Name of individual responsible for violation (if any):*
TRAVIS GILLELAND AND ALL OTHER NATIONWIDE EMPLOYEES, REPRESENTATIVES, AGENTS, AND VENDORS WHO HANDLED THIS CLAIM.
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| Type of Insurance
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Residential Property & Casualty
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| Reason for Notice
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Claim Denial
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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Statutory provision(s) which the insurer allegedly violated.
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| 624.155(1)(b)(1) |
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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.
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| 626.9541(1)(i)(3)(a) |
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Failing to adopt and implement standards for the proper investigation of claims.
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| 626.9541(1)(i)(3)(b) |
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Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
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| 626.9541(1)(i)(3)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
SECTION I — PERILS INSURED AGAINST
A. Coverage A — Dwelling And Coverage B — Other Structures
1. We insure against direct physical loss to property described in
Coverages A and B.
SECTION I — PROPERTY COVERAGES
A. Coverage A — Dwelling
1. We cover:
a. The dwelling on the "residence premises" shown in the Declarations, including
structures attached to the dwelling; and
b. Materials and supplies located on or next to the "residence premises" used to
construct, alter or repair the dwelling or other structures on the "residence premises". B. Coverage C — Personal Property
We insure for direct physical loss to the property described in Coverage C caused by any of
the following perils unless the loss is excluded in Section I — Exclusions.
1. Fire Or Lightning
2. Windstorm Or Hail
This peril includes loss to watercraft of all types and their trailers, furnishings, equipment,
and outboard engines or motors, only while inside a fully enclosed building.
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Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
Jason Crawley and Kelly Crawley ("The Crawleys") are homeowner insureds with an all-risks policy issued by Nationwide Insurance ("Nationwide"). The insured property or home is located at 852 Keystone Cir, Oviedo, FL 32765. On February 4, 2024, a hailstorm and high winds caused significant damage to the Crawleys' property, including the roof, gutters, and window screens. Multiple leaks were also observed on the interior of the house, all documented in detailed reports prepared for the Crawleys by their public adjuster.
The Crawleys timely reported an insurance claim for this damage to Nationwide and fully cooperated with all requests for inspections. Despite clear evidence of widespread hail and wind damage to the property, Nationwide initially failed to account for several aspects of the damage in its evaluation. The insured's representative pointed out these missed damages, including hail damage to the metal gutters and window screens, as well as the multiple interior leaks. Only after this was an additional payment issued, bringing Nationwide’s total payment to $4,449.28.
However, this payment remains grossly inadequate for the scope of repairs needed. An estimate for the full repair of the damages, including roof, gutter, window screen, and interior repairs, was prepared on the Crawleys' behalf, totaling $107,223.78. Based on these facts, it is clear Nationwide significantly undervalued the Crawleys' claim in bad faith, failing to adjust the claim in good faith in due regard for the Crawleys' interests.
Nationwide has breached its duty to the Crawleys by not conducting a reasonable investigation based on the available information and misrepresenting pertinent policy provisions and facts. Additionally, Nationwide delayed the claim and failed to adopt and implement standards for the proper investigation of this claim. 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. Timely and prompt payment is inherent in this contract 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.
Nationwide's refusal to fully and timely adjust the loss has forced the Crawleys to consider legal action. Nationwide has more than enough information and is still refusing to accept full coverage for this claim. This continued reckless delay and denial of coverage will result in significant punitive damages if a bad faith lawsuit is filed.
Nationwide can avoid a lawsuit for bad faith by immediately accepting full coverage under the subject insurance policy for this claim and by paying the Crawleys based on their $107,223.78 estimate.
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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.
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DFS-10-363
Rev. 10/14/2008
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