Civil Remedy Notice of Insurer Violations
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Filing Number:     786806
Filing Accepted:  10/14/2024
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Complainant
Last/Business Name *  
HUDSON   First Name   KEITH
Street Address * 1730 OAKMONT LN
City, State Zip * ORLANDO, FL 32804
Email Address * ACTORKEITHHUDSON@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   HUDSON   First Name   KEITH
Policy # * 59CWC0985 Claim #* 59-39V0-34D
Attorney
Attorney is Applicable
Last Name* BOLTZ First Name * BROOKE Initial
Street Address* 1221 E. BROADWAY STREET, SUITE 1011
City, State Zip* OVIEDO , FLORIDA 32765
Email Address * BROOKEBOLTZ@BOLTZLEGAL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   STATE FARM FLORIDA INSURANCE COMPANY
NAIC Company Code 10739
 
Name of individual responsible for violation (if any):* BELINDA BYRD; WAYNE DUST; SHANE GERMILLION;
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
Unfair Trade Practice
Other : Failure to Pay the Claim in Full
Other : Failure to Properly Investigate Claim and with Due Regard to Insured's Interest
* 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.
624.155(1)(b)(3) 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.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

STATE FARM FLORIDA INSURANCE COMPANY HOMEOWNERS POLICY NO.: 59CWC0985. The Insurer has violated the Policy's "Coverages" provision. The Insured’s loss is covered by the Policy and there are no applicable exclusions. Further, the Insurer has failed to comply with the "Loss Settlement" and "Loss Payment" clauses. The said clauses incorporated in the policy are violated as follows: We have requested the certified policy but the same has not been produced by the Insurance company. Therefore, all specific policy provisions that can be applied in this case cannot be cited accurately. Specifically, SECTION I Property Coverages on Dwelling, Coverage on Perils Insured Against, Coverage on Loss Settlement, and Coverage of Loss Payment which are all critical in the case at bar. Other languages of the policy that are relevant to the provision are as follows: SECTION I – PROPERTY COVERAGES – COVERAGE A- DWELLING We cover the dwelling and materials and supplies located on or adjacent to the residence premises for use in the construction, alteration, or repair of the dwelling or other structures on the residence premises. SECTION I – LOSSES INSURED – COVERAGE A- DWELLING We will pay for the accidental direct physical loss is excluded or limited in SECTION I – LOSSES NOT INSURED or otherwise excluded or limited in this policy. However, loss does not include and we will not pay for, any diminution in value. SECTION I- LOSS SETTLEMENT Only the Loss Settlement Provisions shown in the Declarations apply. We will settle covered property losses according to the following. However, the valuation of any covered property losses does not include, and we will not pay, any amount for diminution in value. COVERAGE A – DWELLING I. A1- Replacement Cost Loss Settlement-Similar Construction. a. We will pray the cost to the repair or replace with similar construction and for the same use on the premises shown in the Declarations, the damaged part of the property covered under SECTION I – PROPERTY COVERAGES, COVERAGE A – DWELLING, except for wood fences, subject to the following: (1) we will pay only the actual cash value at the time of the loss prior to repair or replacement of the damaged part of the property, up to the applicable limit of liability show in the Declarations, not to exceed the cost to repair or replace the damaged part of the property; (2) in addition, we will pay any remaining covered additional amounts you actually and necessarily incur to perform such repair or replacement as work is performed and expenses are incurred and submitted, or an amount up to the applicable limit of liability shown in the Declarations, whichever is less. There will be no deduction for depreciation; (3) we will not pay for increased costs resulting from enforcement of any ordinance or law regulating the construction, repair or demolition of a building or other structure, except as provided under OPTIONAL POLICY PROVISIONS, Option OL – POLICY PROVISIONS, Option OL – Building Ordinance or Law Coverage; and (4) if a total loss occurs to the dwelling used principally as a private residence on a residence premises shown in the Declarations, payment on a replacement cost basis will not require repair or replacement of the damaged property. There will be no deduction for depreciation. b. Wood Fences: We will pay the actual cash value for loss pr damage to wood fences, not to exceed the limit of liability shown in the Declarations for COVERAGE A – Other Structures. 2. A2 – Replacement Cost Loss Settlement – Common Construction. a. We will pay the cost to repair or replacement with common construction and for the same use on the premises shown in the Declarations, the damaged part of the property covered under SECTION I – PROPERTY COVERAGES, COVERAGE A – DWELLING, except for wood fences, subject to the following: (1) we will pay only for repair or replacement of the damaged part of the property with common construction techniques and materials commonly used by the building trades in standard new construction. We will not pay the cost to repair or replace or replace obsolete, antique, or custom construction with like kind and quality; (2) we will pay only the actual cash value at the same time of the loss prior to repair or replacement of the damaged part of the property, up to the applicable limit of liability shown in the Declarations, not to exceed the cost to repair or replace the damaged part of the property as described in a.(1) above; (3) in addition, we will pay any remaining covered additional amounts you actually and necessarily incur to perform such repair or replacement, as described in a.(1) above, as work in performed and expenses are incurred and submitted, or an amount up to the applicable limit of liability shown in the Declarations, whichever is less. There will be no deduction for depreciation; (4) we will not pay for increased costs resulting from enforcement of any ordinance or law regulation the construction, repair or demolition of a building or other structure, except as provided under OPTIONAL POLICY PROVISIONS, Option OL – Building Ordinance or Law Coverage; and (5) if a total loss occurs to the dwelling used principally as a private residence on a residence premises shown in the Declarations, payment as described in a.(1) above, will not require repair or replacement of the damaged property. There will be no deduction for depreciation. b. Wood Fences: We will pay the actual cash value for loss or damage to wood fences, not to exceed the limit of liability shown in the Declarations for COVERAGE A – Other Structures. SECTION I – CONDITIONS 1. Insurable Interest and Limit of Liability. Even if more than one person has an insurable interest in the property covered, we will not be liable: a. to the insured for an amount greater than the insured’s interest; or b. for more than the applicable limit of liability. 2.Your Duties After Loss. After a loss to which this insurance may apply, you must cooperate with us in the investigation of the claim and also see that the following duties are performed: a. give immediate notice to us or our agent and also notify: (1) the police if the loss is caused by theft, vandalism, or any other criminal act; and (2) the credit card company or bank if the loss involves a credit card or bank fund transfer card; b. protect the property from further damage or loss and also: (1) make reasonable and necessary temporary repairs required to protect the property; (2) take reasonable and necessary actions to preserve and retain any damaged property; and (3) keep an accurate record of repair expenses; c. prepare an inventory of damaged or stolen personal property: (1) showing in detail the quantity, description, age, replacement cost, and amount of loss; and (2) attaching all bills, receipts, and related documents that substantiate the figures in the inventory 8. Loss Payment We will adjust all losses with you. We will pay you unless some other person is named in the policy or is legally entitled to receive payment. Loss will be payable upon the earlier of the following: a. 20 days after we receive your proof of loss and reach agreement with you; or b. 60 days after we receive your proof of loss and: (1) there is an entry of a final judgment; or (2) there is a filing of an appraisal award with us. If we do not pay or deny a loss within 90 days after we receive notice of an initial, reopened, or supplemental property insurance claim from you and no factors beyond our control would reasonably prevent us from making payment, interest will be paid in accordance with Section 627.70131(5) of the Florida Insurance Code. FLORIDA ADMINISTRATIVE CODE VIOLATED Sections 69B-220.201 Ethical Requirements. (2) Violation. (a) Violation of any provision of this rule shall constitute grounds for administrative action against the licensee. (b) A breach of any provision of this rule constitutes an unfair claims settlement practice. (3) Code of Ethics. The work of adjusting insurance claims engages the public trust. An adjuster shall put the duty for fair and honest treatment of the claimant above the adjuster’s own interests in every instance. The following are standards of conduct that define ethical behavior, and shall constitute a code of ethics that shall be binding on all adjusters: (b) An adjuster shall treat all claimants equally. 2. An adjuster shall adjust all claims strictly in accordance with the insurance contract. (c) An adjuster shall not approach investigations, adjustments, and settlements in a manner prejudicial to the insured. (d) An adjuster shall make truthful and unbiased reports of the facts after making a complete investigation. (e) An adjuster shall handle every adjustment and settlement with honesty and integrity, and allow a fair adjustment or settlement to all parties without any remuneration to himself except that to which he is legally entitled. (f) An adjuster, upon undertaking the handling of a claim, shall act with dispatch and due diligence in achieving a proper disposition of the claim.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

1) failure to pay claim in full; 2) failure to promptly and properly investigate the claim; 3) failure to adjust loss properly; 4) failure to act in due diligence and good faith to resolve the claim; 5) placing the financial interest of the Insurer before that of policyholders and claimants; 6) failure to properly train, evaluate and manage adjusters; 7) looking for ways to deny coverage, pay less, delay payment and neglect claim; Keith Hudson (“the Insured”) chose State Farm Florida Insurance Company (“the Insurer”) to provide his insurance needs. The Insurer issued a Homeowners Policy, No.: 59CWC0985 (“the Policy”), effective from September 1, 2022 to September 1, 2023. On or about September 28, 2022, while the Policy was in full force and effect, the property located at 1730 Oakmont Lane, Orlando, Florida 32804 (“the Property”) sustained roof and interior damages due to Hurricane Ian. The hurricane damages to the covered property were sudden and accidental, and therefore, a covered peril under the Policy. The Insured notified the Insurer of the loss and the Insurer assigned claim number 59-39V0-34D. The Insured took action to mitigate the damages to the property and fully cooperated with the Insurer’s investigation. During the course of the Insurer’s investigation, the Insured made the property available for inspection, provided facts and information surrounding the loss, and complied with the Insurer’s adjustment of the claim. On or about November 3, 2022, State Farm issues payment for the claim in the amount of $39,561.31. On or about November 12, 2022, a field adjuster for State completed a site visit. On or about November 15, 2022, the Insurer issued payment for the supplement for additional damages in the amount of $3,964.39. On or about December 27, 2022, State Farm issued payment for additional living expenses in the amount of $1,567.44 that covers the rent between November 19, 2022 to November 30, 2022. On or about January 6, 2023, the Insurer sent additional payment due for the balance of the structural damage in the amount of $60.00. On or about January 11, 2023, State Farm issued payment for additional living expenses in the amount of $4,413.71 that covers the rent between December 1, 2022 to December 30, 2022. On or about January 17, 2023, the Insurer sent payment for tarping of roof and for mitigation services for the amount of $2,675.06. On or about February 4, 2023, State Farm issued a reimbursement for the payment of the invoice for the amount of $4,676.97. On or about March 2, 2023, the Insurer issued payment for additional living expenses in the amount of $4,143.36 to cover the February hotel invoice. On or about April 6, 2023, the Insurer sent payment for the additional cost of siding in the amount of $7,806.78. On or about December 28, 2023, State Farm issued payment in the amount of $27,000.00 to cover the Temporary Housing between March 2023 to December 2023. On or about February 13, 2024, the Insurer issued payment for January and February rent for the amount of $5,400.00. On or about February 19, 2024, Coverage A Asbestos Abatement has been paid for the Insurer in the amount of $13,132.15. On or about February 28, 2024, State Farm issued payment for Coverage B Storage Unit Rental Charges from December 2023 to February 2024 in the amount of $870.73. On or about March 6, 2024, the Insurer issued payment for Coverage C – Additional Living Expense for temporary housing costs for March 2024 for the amount for $2,700.00. On or about June 28, 2024, State Farm sent a repair estimate to the Insured and it would amount to $81,031.79, minus the policy’s $5,762.00 deductible, less $5,972.43 depreciation, and less $1,194.52 General Contractor Overhead. Therefore, State Farm would issue payment for the claim in the amount of $68,102.85. On or about June 29, 2024, State Farm issued payment in the amount of $12,345.16 for the supplement for temporary repairs, moving cost, storage rentals, and lodging through June 30, 2024. On or about July 10, 2024, the Insurer issued $2,966.50 to the Insured for Coverage C lodging and storage fees for the month of July. State Farm sent a Summary of Loss and determined that the damages were only $140,289.36, minus the policy’s $5,762.00 deductible, and less than $131,560.86 prior payments. On or about September 11, 2024, Insured requested from the Insurer to have his hurricane loss appraised. On or about September 16, 2024, State Farm sent a Summary of Loss calculating the coverage of the loss. As such, State Farm determined that the damages were only $147,354.94, minus the policy’s $5,762.00 deductible, and less than $134,527.36 prior payments. Therefore, State Farm would issue payment for the claim in the amount of $7,065.58. Aside from the previous letter sent, State Farm also sent a separate letter denying request for appraisal. On or about September 17, 2024, the Insured retained Boltz Legal to assist with the Insured’s claim. In return Boltz Legal sent a formal Letter of Representation to the Insurer on behalf of the Insured. On or about September 23, 2024, State Farm sent a letter acknowledging receipt of the letter of representation submitted by Boltz Legal. Subsequently, the Insured provided the Insurer with a repair estimate, along with enclosed photos, evidencing the actual cost to make the reasonable and necessary repairs to return the Insured’s property to its pre-loss condition. The Insured’s estimate valued damages at $469,809.93, minus any deductible(s) and prior payment(s), to bring the Insured back to pre-loss condition. Upon information and belief, to date, the Insurer has not revised its coverage opinion or tendered the insurance benefits owed to the Insured in relation to the loss -despite the documents provided by the Insured clearly evidencing extensive damage to the property as a result of a covered loss. The Insurer is bound by the terms of its own Policy and the laws of the State of Florida. Notwithstanding, the Insurer has placed its own financial interests above that of the Insured. In fact, it has become a general business practice of the Insurer to not implement proper claims handling procedures, to routinely ignore or intentionally misidentify relevant evidence, and to not settle claims in good faith when under all circumstances it should have done so. The Insurer purposely underpaid the Insured’s claim despite clear evidence of Hurricane damage to the covered property. The Insurer came to its coverage determination by ignoring relevant facts and information provided by the Insured and the Insured’s representatives that clearly established the extent of the damages to the roof and interior of the Insured’s residence, which resulted from Hurricane, a covered peril. The Insurer and its agents did not rely on its inspection of the property or any of the documents provided by the Insured in issuing its decision. Instead, the Insurer failed to make a good faith effort to properly evaluate its Insured’s loss and promptly settle the claim. This failure to properly assess the claim was a clear breach of the Insurance Policy and Florida Law. It is clear that the Insurer has not acted honestly or fairly toward its Insured. The Insurer and its agents failed to conduct a proper investigation of the loss, misrepresented the scope and cause of damages at the Insured’s residence, and misapplied policy provisions in order to deny coverage for the Insured’s claim. As is the case here, it is a pattern and practice of the Insurer to arbitrarily underpay claims without conducting reasonable investigations based upon the information and evidence available to it. The Insurer is bound to conduct itself with the utmost good faith for the benefit of the Insured. However, the Insurer has failed to comply with its obligations in connection with this claim and has never looked at the claim or the contract for insurance with good faith and fair dealing. Instead, the Insurer has looked for ways not to pay the claim in full and these actions have been to the detriment of the Insured. The Insurer’s conduct has been reckless and unfair to the Insured. This is evidenced by the delay in paying the claim, denial and/or underpayment of the claim, and the Insurer’s failure to evaluate the claim in total. The Insurer has refused and/or failed to comply with the Policy’s cooperation and/or “Loss Payment” provision. Under the Policy, the Insurer was to timely tender owed insurance benefits to the Insured. Nevertheless, the Insurer has failed and/or refused to timely tender payment to the Insured. This is a breach of the Policy. The Insurer has a contractual obligation to conduct a proper investigation of the loss, not ignoring evidence that would support the claim of the Insured. Failure to do so is a breach of the Policy. The Insurer has a contractual obligation to not look the other way when confronted with facts revealing the possibility of coverage and to not resist reasonable interpretations of its Policy. The concept of insurance is that insurance is the Insurer’s granting of timely and prompt indemnity or security against a contingent loss. In order to remedy the situation, State Farm Florida Insurance Company must immediately tender the full amount of insurance benefits owed to the Insured for damage to covered property in the amount of $469,809.93 less any deductible(s) and prior payment(s), to bring the Insured back to pre-loss condition.
Comments
User Id Date Added Comment
madams@kpsds.com 12-02-2024 VIA E-Mail Only Brooke L. Boltz, Esq. Boltz Legal 1221 E. Broadway St., Ste. 1011 Oviedo, FL 32765-7829 brookeboltz@boltzlegal.com Re: Insured: Keith Hudson Claim No.: 59-39V0-34D DFS Filing No.: 786806 Dear Ms. Boltz: We have the pleasure of representing State Farm Florida Insurance Company (“State Farm”) with regard to the above-referenced matter. We are in receipt of the Civil Remedy Notice (CRN) you filed on behalf of your client, Keith Hudson, against State Farm on October 14, 2024, with a DFS Filing Number 786806. Please allow this correspondence to serve as State Farm’s response to the CRN. The stated reasons for the CRN are: unsatisfactory settlement offer; unfair trade practice; failure to pay the claim in full; and failure to properly investigate claim, and with due regard to insured’s interest. The CRN claims that State Farm violated Florida Statutes 624.155(1)(b)(1); 624.155(1)(b)(3); 626.9541(1)(i)(3)(a); 626.9541(1)(i)(3)(b); 626.9541(1)(i)(3)(c); and 626.9541(1)(i)(3)(f). As a preliminary matter, State Farm denies it violated the statutes cited in the CRN. State Farm has handled the claim in, and treated the Insureds with, good faith at all times. As an initial matter, the CRN is deficient and fails to comply with Florida law. The purpose of a Civil Remedy Notice is to provide an insurer with a chance to settle the claim and avoid unnecessary litigation. See Talat Enterprises, Inc. v. Aetna Cas. & Sur. Co., 753 So. 2d 1278 (Fla. 2000); see also, The Heritage Corporation of South Florida v. National Union Fire Insurance Company of Pittsburgh, P.A., 580 F.Supp. 2d 1294 (S.D. Fla. 2008). In furtherance of this purpose, § 624.155(3)(b), Florida Statutes requires that a Civil Remedy Notice “state with specificity” the statutory provisions allegedly violated, the facts and circumstances giving rise to the violation, the name of any individual involved in the violation, and the specific policy language relevant to the violation. See, Junior Julien v. United Property and Casualty Insurance Company, No. 4D19-2763 (Fla. 4th DCA September 23, 2020); Fox v. Starr Indem. & Liab. Co., No. 8:16-CV-3254-T-23MAP, 2017 WL 1541294, at *2 (M.D. Fla. Apr. 28, 2017). The CRN is deficient as it fails to specifically state the policy language and facts and circumstances that give rise to the alleged violations. Specifically, the CRN vaguely provides that the policy language relevant to the violation to be the Policy’s “Coverages” “Loss Settlement” and “Loss Payment” provisions. The CRN states that specific policy provisions cannot be cited accurately. The CRN then cites language that cannot be attributed to any specific policy No specific language from the Policy is used or referenced within the CRN. Further, the CRN does not provide an explanation as to how State Farm failed to comply with the terms of the policy or any specific policy language therein by referencing the specific language in the policy pertaining to the alleged statutory violations. Moreover, the “facts and circumstances” section of the CRN is not in compliance with Florida law. Contrary to the requirements of Florida Statutes, the CRN makes false, boilerplate accusations, and does not contain any specific facts supporting the violation regarding State Farm’s alleged unsatisfactory settlement offer, unfair trade practice, failure to pay the claim in full, failure to properly investigate claim and with due regard to Insured’s interest or its alleged violations of those statutory provisions noted above and in the CRN. These accusations are untrue, and the CRN contains no facts to support them. Although the CRN alleges that State Farm came “to its coverage determination by ignoring relevant facts and information” the following summary demonstrates that State Farm has acted responsibly, promptly, and in good faith during the investigation and handling of this claim. The failure to provide any factual support for the alleged violations of Florida statutes and administrative law renders the CRN deficient and in violation of Florida Statute § 624.155(3)(b). On September 29, 2022, a claim was reported for alleged damage sustained to the Insureds’ property, located at 1730 Oakmont, Orlando, Florida 32804 (the “Property”). Specifically, damage from a fallen tree was reported to the subject property as the result of Hurricane Ian. A date of loss of September 28, 2022, was provided to State Farm. During the initial contact with the insureds on October 1, 2024, the insured advised that his neighbor’s tree had fallen onto his home causing damage to the roof. Specifically, the tree penetrated the roof allowing water to infiltrate and caused the plaster ceiling to fall into the living room. The water damaged the cloth wiring in the home, and mitigation companies could not perform services because of the asbestos in the siding of the home. Based on the information provided and to continue its investigation, State Farm scheduled an inspection of the property. State Farm was permitted to inspect the Property on or about October 5, 2022. Based upon the results of the discussions with the insured, site inspection, and State Farm’s independent investigation it was determined that while there were covered damages to the subject property. An additional inspection took place on November 12, 2022, with an Engineer on behalf of State Farm. State Farm advised the Insureds, via correspondence dated January 23, 2023, that coverage would be afford for $67,316.59 for wind damage to the home. State Farm also requested subsequent repair proposals for the electrical, personal property, meal and other damages necessary to conclude the claims handling. State Farm sent a second coverage letter on February 20, 2024, memorializing payment in the amount of an additional $60,333.63 and a request for a detailed inventory list for personal items. State Farm has paid the insureds $147,651.41 since the claim was opened. State Farm has been in constant contact with the Insured following the date of loss. State Farm has provided seven (7) estimates to the insured dating back to the time of loss as well as several payment letters. State Farm has asked the Insured for receipts and inventory lists to better serve the Insured. The CRN unfairly and wrongfully accuses State Farm of conducting an inadequate investigation and not treating the insureds with good faith. Such accusations are unsupported by any facts, are conclusory and are nothing more than bold, generic, boilerplate language. Rather, the facts set forth above confirm State Farm performed a prompt and thorough inspection of the Property to the best of its ability in reliance on the information provided by the Insureds and their representatives. The facts above also demonstrate that State Farm investigated all damages alleged by the Insureds and their representatives and took all new information into account when rendering its decision. State Farm has handled and continues to handle this claim in the appropriate manner and in good faith, doing everything it could reasonably do to timely and properly investigate the Insureds’ claim and pay benefits where owed. Additionally, State Farm has acted at all times fairly and honestly towards the Insured and in the best interests of the Insureds, consistent with the terms and conditions of the contract for insurance and Florida law. Specifically, the CRN Alleges violation of: 1. FS 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. State Farm denies violation of section 625.155 (1)(b)(1) because it made a good faith effort to appropriately investigate and evaluate the Complainant’s claim. State Farm has, at all times, acted in accordance with the terms, conditions, and coverages of the insurance policy. State Farm inspected the subject property, reviewed all the documents and information provided and advised of its evaluation and coverage determination in compliance with the policy. Absolutely no facts or circumstances supporting the Complainants’ allegations have been set forth in the Notice, Thus this allegation of a statutory violation is denied. The CRN fails to provide facts or information to support this alleged violation: 2. FS 624.155 (1)(b)(3) 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. The facts show that State Farm promptly responded to the Complainants’ allegation has been set forth in the Notice. Thus, this allegation of a statutory violation is denied. The CRN fails to provide facts or information to support this alleged violation. 3. FS 626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims. State Farm denies violation of section 626.9541(1)(i)(3)(a) because it made a good faith effort to appropriately investigate and evaluate the Complainant’s claim. State Farm has, at all times, acted in accordance with the terms, conditions, and coverages of the insurance policy. State Farm inspected the subject property, reviewed all the documents and information provided and advised of its evaluation and coverage determination in compliance with the policy. Absolutely no facts or circumstances supporting the Complainants’ allegations have been set forth in the Notice, Thus this allegation of a statutory violation is denied. The CRN fails to provide facts or information to support this alleged violation. 4. FS 626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. This allegation is conclusory, is not factually supported and is denied. The CRN fails to provide facts or information to support this alleged violation. 5. FS 626.9541(1)(i)(3)(c); Failing to acknowledge and act promptly upon communications with respect to claims. The facts show that State Farm promptly responded to the Complainants’ allegation has been set forth in the Notice. Thus, this allegation of a statutory violation is denied. The CRN fails to provide facts or information to support this alleged violation. 6. FS 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. The facts show that State Farm promptly responded to the Complainants’ allegation has been set forth in the Notice. Thus, this allegation of a statutory violation is denied. The CRN fails to provide facts or information to support this alleged violation. For the reasons set forth above, State Farm denies the allegations contained in the CRN. However, we would welcome the opportunity to review any additional information you may have that you believe supports your clients’ position. Should you have any documents or other information that State Farm has not had the opportunity to review, please provide those at your earliest convenience. Very truly yours, /s/ Matthew N. Adams Matthew N. Adams cc: State Farm Florida Insurance Company
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