Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 787016

Filing Accepted: 10/15/2024

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Complainant

Last/Business Name *

STRYKER

First Name

KIMBERLY AND ROBERT

Street Address *

4560 VINSETTA AVE

City, State Zip *

NORTH FORT MYERS, FL 33903

Email Address *

KIMSTRYKERS@GMAIL.COM

Complainant Type: *

Insured

Last/Business Name*		STRYKER		First Name		KIMBERLY AND ROBERT
Policy # *		12-103-2647-05		Claim #*		12-300-9205-22

Attorney

Attorney is Applicable

Last Name*	MCLESTER First Name * MINDY Initial
Street Address*		350 NORTH LAKE DESTINY ROAD
City, State Zip*		MAITLAND , FLORIDA 32751
Email Address *		MMCLESTER@ITSABOUTJUSTICE.LAW

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		TYPTAP INSURANCE COMPANY
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 15885

Name of individual responsible for violation (if any):* ANY ADJUSTER, MANAGER, OR INDIVIDUAL INVOLVED IN THE HANDLING OF THE SUBJECT CLAIM ON BEHALF OF THE INSURANCE CARRIER.
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Claim Denial
	Claim Delay
	Unfair Trade Practice
	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.
	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)(2)		A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy.
	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)(d)		Denying claims without conducting reasonable investigations based upon available information.
	626.9541(1)(i)(4)		Failing to pay undisputed amounts of partial or full benefits owed under first-party property insurance policies within 60 days after an insurer receives notice of a residential property insurance claim, determines the amounts of partial or full benefits, and agrees to coverage, unless payment of the undisputed benefits is prevented by factors beyond the control of the insurer as defined in s. 627.70131(5).

* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

The following policy provisions are relevant to this civil remedy notice. Section 1 Property Coverages – Coverage A – Dwelling Section 1 Perils Insured Against – Coverage A – Dwelling and Coverage B- Other Structures Section 1- Conditions – 3. Loss Settlement Section 1 – Conditions – 10. Loss Payment

* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

On or about September 28, 2022, the Insureds, Kimberly and Robert Stryker, suffered significant flood damage to their home located at 4560 Vinsetta Ave North Fort Myers, FL 33903 as a result of Hurricane Ian. Hurricane Ian was a powerful Category 4 hurricane causing significant flooding when it came ashore. Prior to the loss, Typtap Insurance Company (“Typtap”), had issued a policy of flood insurance (Policy No.: 12-103-2647-05) for the Insureds’ property. Said policy was in full force and effect on date of loss and afforded coverage for damage caused by flood. Typtap was notified of the loss by the Insureds and assigned claim number 12-300-9205-22. During the course of Typtap’s investigation, the Insureds made their property available for inspection, provided facts and information about the loss, and complied with Typtap’s adjustment of the claim. Although Typtap acknowledged the Insureds’ property was damaged by flood, Typtap capriciously underpaid coverage for a majority of the damages claimed even though there was substantial evidence of flood damage. Typtap came to its coverage determination by ignoring relevant facts and information provided by the Insureds and their contractors that established the damages to the exterior and interior of the residence were unquestionably the result of flood from Hurricane Ian. Most concerning, Typtap and its representatives either underplayed or misrepresented its own findings in order to avoid having to tender payment on a claim that it knows should be covered pursuant to the terms of the policy. It is clear that Typtap has not acted honestly or fairly towards its Insureds. Typtap and its representatives have failed to conduct a proper investigation of the loss, misrepresented the scope and cause of damages to the residence, and misapplied exclusions in the policy in order to improperly underpay coverage for the Insureds’ claim. It has become a general business practice of Typtap to not implement proper claims handling procedures, to hire consultants that routinely ignore or intentionally misidentify relevant evidence, and to not settle claims in good faith when under all circumstances it should have. Most concerning, Typtap seems to willfully disregard what it considers to be unfavorable information to avoid payment. As is the case here, it is a pattern and practice for Typtap to arbitrarily underpaid claims without conducting reasonable investigations and instead base its coverage determinations on evidence it knows to be inaccurate or incomplete. In order to cure this civil remedy notice, Typtap must immediately acknowledge in writing that the roof damages claimed by the Insureds were caused by flood from Hurricane Ian and that it acknowledges that $75,889.00 is due and owing to the Insureds. The written acknowledgement should be provided to the Insured’s counsel in writing at Mindy McLester, Esq. at 350 N. Lake Destiny Road, Suite 300, Maitland, FL 32751.

Comments

User Id		Date Added		Comment
claims@typtap.com		12-13-2024		This is TypTap Insurance Company’s (“TypTap”) response to the Civil Remedy Notice of Insurer Violations (“CRN”) filed on behalf of Kimberly and Robert Stryker (“Insured”). TypTap reviewed this CRN and conducted a thorough review of the subject claim (“claim”) and confirmed it handled the claim properly. Regarding an aspect of the claim, TypTap issued payments for it on the information available to TypTap and the circumstances at the time of such payments. TypTap handled the claim in accordance with the policy and all statutory and regulatory requirements. TypTap denies each allegation of bad faith and improper conduct in the CRN. At all times, TypTap acted in good faith, fairly and honestly toward the Insured and with due regard for the Insured’s interests. Otherwise, the CRN is deficient. Generally, pursuant to Florida Statutes, Section 624.155, CRNs must identify and set forth statutory provisions insurers allegedly violated in handling insureds’ insurance claims along with specific, relevant insurance contract language and facts and circumstances. The foregoing provides insurers with notice of alleged statutory violations AND the opportunity to cure such alleged violations. Instead of complying with Florida Statutes, Section 624.155, the Insured’s attorney in the CRN contained an inaccurate recitation of the facts, failed to reference specific, relevant insurance policy language; failed to identify any person or persons representing TypTap who is most responsible for/knowledgeable of the facts giving rise to the allegations in the notice; cited irrelevant statutes; and relied on inaccurate and conclusory statements. The Insured’s laundry list of inapplicable statutes is insufficient. Julien v. United Prop. & Cas. Ins. Co., 311 So. 3d 875 (Fla. 4th DCA 2021). Furthermore, the Insured’s attorney filed a lawsuit based on the claim prior to the filing of this CRN. Regardless of the fact there were no violations in this claim, any action by TypTap to cure violations alleged in the CRN could have been used against TypTap in the lawsuit. The foregoing shows abuse by the Insured and the Insured’s attorney of the CRN and legal processes. Also and generally, the CRN constitutes an abuse of the CRN process, contravenes the purpose of CRNs, which is to promote resolution of issues in insurance claims. The CRN must be rejected, and it cannot serve as the basis of any action against TypTap. Upon request by the Florida Department of Financial Services, TypTap will provide to the DFS detailed correspondence TypTap provided regarding 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. 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.

DFS-10-363
Rev. 10/14/2008