Filing Number: 785783
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| Filing Accepted: 10/4/2024 |
| Last/Business Name
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| Street Address
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3205 COCONUT GROVE RD |
| City, State Zip
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LAND O LAKES,
FL
34639
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| Email Address
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MABBASS@TALKTOMYATTORNEYS.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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LIANG |
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First Name |
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ZHIHONG |
| Policy # * |
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KIN-DP-FL-185681547 |
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Claim #* |
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HO-3049177 |
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Attorney is Applicable
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| Last Name* |
ABBASS
First Name *
MOHAD
Initial
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| Street Address* |
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4531 PONCE DE LEON BLVD, STE 200 |
| City, State Zip* |
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CORAL GABLES
,
FL
33146
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| Email Address * |
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MABBASS@TALKTOMYATTORNEYS.COM |
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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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KIN INTERINSURANCE NETWORK
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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 16603 |
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| Name of individual responsible for violation (if any):*
JAMIE MILLER AS WELL AS ALL ADJUSTERS, SUPERVISORS, MANAGEMENT, AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY KIN INSURANCE
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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 Delay
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Unsatisfactory Settlement Offer
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Claim Denial
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Other
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Failure to Properly Investigate Claim
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Other
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Failure to Acknowledge and Act Promptly
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Other
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Misrepresentation
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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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| 624.155(1)(b)(3) |
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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.
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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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| 626.9541(1)(i)(3)(f) |
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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.
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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.
Coverage A - Dwelling. All Optional Coverage provisions. All Additional Coverage provisions. All Coverage(s) provided by Endorsement or Rider. The Declarations Page. Loss Payment and Settlement provisions. Duties in Event of Loss Policy provision. The insurance policy's definition section. The insurance policy's exclusion of coverage provisions. All insurance policy provisions that provide coverage to the Insured’s property. All policy provisions.
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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.
Kin Homeowners Insurance Company has failed to act in good faith by unjustly delaying and denying Zhihong Liang’s valid claim for a roof replacement, despite the overwhelming evidence supporting it.
On September 24, 2024, an independent adjuster hired by Kin Insurance thoroughly inspected the insured property and determined that the roof sustained significant damage due to a storm. The independent adjuster recommended a full roof replacement, and Kin Insurance acknowledged this recommendation by preparing an estimate for the full roof replacement. The adjuster, representing Kin, even contacted Zhihong Liang attorney and confirmed that Kin Insurance would be issuing an undisputed payment for the roof replacement.
However, despite this clear acknowledgment, Kin Homeowners Insurance has acted in bad faith by subsequently demanding a recorded statement from the insured. The purpose of this recorded statement was not to further investigate the claim in good faith, but rather to seek grounds to deny or underpay the claim. During the recorded statement, the adjuster asked irrelevant and harassing questions, such as why the insured retained an attorney, how they found their attorney, and why they filed a claim. These questions are improper and unrelated to the claim, demonstrating an attempt to intimidate the insured and frustrate the claims process.
When the recorded statement failed to yield a basis to deny the claim, Kin retained an outcome-oriented engineer with the sole intention of finding reasons to deny the claim. This practice mirrors unethical behavior reported in various investigations exposing insurers who use biased engineers to support claim denials.
Furthermore, Kin has withheld essential documents from the insured, such as the photos and report from the independent adjuster’s inspection, claiming work-product privilege even though the independent adjuster does not work directly for Kin. This suppression of key information is another indication of Kin’s bad faith handling of this claim.
Kin also requested weather data from the insured, even though the policy does not require the insured to provide such data. Despite this unreasonable request, the insured provided weather reports that confirmed the occurrence of a storm on the date of loss, yet Kin continues to unjustly delay and deny payment.
Kin Insurance is engaged in unfair claim settlement practices, including misrepresenting the facts of the case, delaying payments, and conducting investigations in bad faith with the sole purpose of wrongfully denying a legitimate claim. The insurer is acting in complete disregard for the rights and interests of the insured, despite having acknowledged the claim’s validity and the necessity for a full roof replacement.
Cure:
To cure the violations outlined in this Civil Remedy Notice, Kin Homeowners Insurance must take the following actions within the statutory 60-day period:
1. Issue Payment: Pay the full amount of the undisputed roof replacement cost as recommended by Kin’s independent adjuster and reflected in the prepared estimate.
2. Provide Documentation: Release all reports, photographs, and other relevant documents related to the independent adjuster’s inspection and any other investigations conducted by Kin Homeowners Insurance or its representatives.
3. Corrective Action: Adopt and implement fair claims handling standards to ensure that future claims are handled in good faith and in accordance with Florida law.
Failure to cure these violations within the statutory period will result in Zhihong Liang pursuing all available legal remedies, including a lawsuit for bad faith against Kin Homeowners Insurance Company, where the insurer may be liable for additional damages, including attorney’s fees and costs.
Conclusion:
Kin Homeowners Insurance has violated its obligations under the policy and Florida law by failing to properly investigate, acknowledge, and pay a valid claim for roof replacement. The insurer has acted in bad faith, causing unnecessary delay and hardship to the insured. The insurer must immediately cure these violations by complying with the demands listed above. If Kin Insurance fails to comply within 60 days of this notice, Zhihong Liang will seek all appropriate legal remedies.
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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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