Civil Remedy Notice of Insurer Violations
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Filing Number:     787039
Filing Accepted:  10/15/2024
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Complainant
Last/Business Name *  
CANNION   First Name   SHARELLE
Street Address * 3831 SOUTH DENTON CIRCLE
City, State Zip * COCOA, FL 32926
Email Address * S_CANNION@YAHOO.COM
Complainant Type: * Insured
Insured
Last/Business Name*   CANNION   First Name   SHARELLE
Policy # * FPH5359408-02 Claim #* FPI241121
Attorney
Attorney is Applicable
Last Name* KRAPF First Name * GRANT Initial W
Street Address* 2790 SUNSET POINT RD
City, State Zip* CLEARWATER , FL 33759
Email Address * GRANT@KRAPFLEGAL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   FLORIDA PENINSULA INSURANCE COMPANY
NAIC Company Code 10132
 
Name of individual responsible for violation (if any):* BLAKE SMITH, LORI ENRIQUEZ, DEANNA DREW, AND ANY OTHER INDIVIDUAL FROM, OR AGENT OF, FLORIDA PENINSULA INSURANCE COMPANY, WHO WAS INVOLVED IN THE CLAIM.
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Delay
Unfair Trade Practice
Other : Not treating the Insured with good faith claims conduct
Other : Looking for ways to deny full recovery to the Insured
Other : Looking for ways to delay full recovery to the Insured
Other : Failing to properly investigate the Insured's loss
Other : Failing to provide the Insured with the full benefits awarded under the contract of insurance in a t
Other : Not training, supervising, or managing adjusters properly so that prompt and full payments are made,
Other : Not adjusting claims and evaluating loss properly
Other : Shifting the burden of insuring the loss to the Insured
Other : Failing to implement proper standards for the adjustment and investigation of claims
* 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

627.444(2)(a) Notwithstanding any other law, an insurer shall provide to an insured within 15 calendar days after an individual or entity designated by the insurer receives the insured's written request, either: A loss run statement; Reference to specific policy language: The violations alleged are statutorily based and do not rely on any specific policy language. "It is an accepted principle of law that when parties contract upon a matter which is the subject of statutory regulation, the parties are presumed to have entered into their agreement with reference to such statute, which becomes a part of the contract, unless the contract discloses a contrary intention." Westside EKG Assocs. v. Found. Health, 932 So. 2d 214, 216 (Fla. 4th DCA 2005), aff'd, 944 So. 2d 188 (Fla. 2006).
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Florida Peninsula Insurance Company (the "Insurer") has committed the following in handling the Insured's claim: 1) failure to act in due diligence and good faith to resolve claims; 2) placing the financial interest of Insurer before that of the policyholder and the Insured; 3) looking for ways to deny benefit payments and otherwise "low ball" or "stone wall" claims; 4) not adjusting the claims promptly and fairly; 5) not attempting in good faith to settle claims; 6) conducting inadequate investigations; 7) failing to employ policies and procedures to conduct adequate investigations; and 8) failing to provide a loss run statement. On or about December 30, 2023, while the subject policy was in full force and effect, the Insured's suffered a loss caused by wind. The areas impacted include but are not limited to the AREAS. The Insured timely submitted a claim to the Insurer for wind damage and the ensuing damage therefrom. Thereafter, the Insurer assigned claim number FPI241121 to the loss and sent a field adjuster to inspect the property on January 3, 2024. Subsequently, in a coverage determination letter dated January 9, 2024, the Insurer notified the Insured that it was extending coverage for the loss. However, the Insurer wrongfully determined it would only require $1,001.90 to restore the property to its pre-loss condition, which resulted in no payment being issued to the Insured as the amount of covered damage allegedly fell below the policy deductible. Given the vastly underestimated cost of repairs, the Insured's disagreement with the coverage decision, and the scope and nature of the damage, the Insured retained a public adjuster. Upon receiving notice of the loss, the Insurer had the duty to provide the full benefits under the policy. This includes providing the Insured with a proper investigation and the funds necessary to return the home to its pre-loss condition. There may be further wrongful conduct which has not been made known to the Insured at this moment. Certain conduct or actions may be discovered throughout discovery or cannot be verified without a review of the Insurer's claim file and standards and procedures for the adjustment and investigation of claims. Furthermore, the Insurer and its agents failed to comply with Fla. Stat. 627.444 by not providing the Insured and the Insured's representatives with a loss run statement. On September 26, 2024, the Insured's legal counsel provided the Insurer with a letter of representation. Within the letter, legal counsel requested a copy of a loss run statement. The Insurer and its agents have not acknowledged the request for a loss run statement nor has a loss run statement been provided. Upon an Insurer receiving a written request for a loss run statement, the Insurer is required, within fifteen (15) calendar days, to provide either a loss run statement or information on how to obtain a loss run statement at no charge through a consumer reporting agency. There has been no response within fifteen (15) calendar days of the Insured's written request and the Insurer has not provided information on how to obtain a loss run statement at no charge through a consumer reporting agency. This Insurer has breached its duty to settle claims in good faith when, under all the circumstances, it could and should have done so. The Insurer and its agents have not acted fairly and honestly toward the Insured and the Insured's representative and have moreover failed or refused to promptly acknowledge the Insured's communications in an attempt to frustrate and delay the resolution of the Insured's claim. In short, the Insurer is not acting with due regard for the Insured's interests or safety. In Florida the work of adjusting insurance claims engages the public trust. The Insurer has breached this trust and its duty to the Insured. The Insurer and its agents conducted cursory and inadequate investigations and wrongfully determined that it would only require $1,001.90 to restore the insured property to its pre-loss condition. Moreover, the Insurer has engaged in bad faith practices designed to delay claims and prevent the Insured from recovering what is rightfully owed under the subject policy of insurance. The Insurer's actions and inactions have continued to frustrate and delay the resolution of the Insured claim. The Insurer's actions amount to but are not limited to the following: 1. Claim delay 2. Not treating the Insured with good faith claims conduct 3. Looking for way to reduce recovery to the Insured 4. Looking for ways to deny recovery to the Insured 5. Not adjusting claims and evaluating loss properly, promptly and fairly to provide full and prompt indemnity to the Insured 6. Not training, supervising or managing adjusters properly so that prompt and full payments are made, but rather placing the company's interests before the Insured's interests 7. Placing the financial interest of the Insurer over that of the health and safety of the Insured 8. Shifting the burden of investigating onto the Insured 9. Conducting inadequate investigations 10. Failing to provide a loss run statement Therefore, to cure the defects outlined in this civil remedy notice, the Insurer must: (1). Admit full coverage for the Insured's loss. (2). Tender full benefits owed to the Insured under the insurance contract. A copy of this form submitted to the FDFS has been sent via e-mail to the following parties providing them notice of the filing of the civil remedy notice. Please e-mail any response to this civil remedy notice to badfaith@krapflegal.com. Via E-mail: Florida Peninsula Insurance Company P. O. Box 20207 Lehigh Valley, PA 18002 csclaims@floridapeninsula.com
Comments
User Id Date Added Comment
april@zinoberdiana.com 12-13-2024 RE: Complainant(s): Sharelle Cannion Insured(s): Sharelle Cannion (“Insured”) DFS File No.: 787039 Date of Filing: October 15, 2024 Claim No.: FPI241121 Policy No.: FPH5359408-02 Property: 3831 S Denton Cir., Cocoa, FL 32926 We represent Florida Peninsula Insurance Company (hereafter, “Florida Peninsula”) in the dispute filed by you on behalf of Sharelle Cannion as the Complainant (hereafter, “Complainant”), against Florida Peninsula for Claim No. FPI241121. This correspondence constitutes Florida Peninsula’s Response to the Civil Remedy Notice of Insurer Violation which your office filed on behalf of the Complainant on October 15, 2024, with the Florida Department of Financial Services (“DFS”), DFS filing number 787039 (hereafter, the “CRN”). While Florida Peninsula welcomes the opportunity to respond to this CRN, Florida Peninsula specifically denies each and every allegation contained in the CRN filed in relation to this claim. Further, Florida Peninsula asserts that the CRN should be rejected and returned by DFS, as the CRN fails to comply with the specific information requirements as set forth within § 624.155, Florida Statutes, and Florida case law, and is therefore facially invalid and deficient. I. The CRN fails to satisfy the requirements of Florida law. Concerning the contents of the CRN, the law requires strict compliance with the specificity requirements in § 624.155, Florida Statutes, which the CRN fails to satisfy. Both § 624.155(3), Florida Statutes, and the Civil Remedy Notice form require the Complainant to specifically state, among other things, the statutory provisions, including the specific language of the statute, which the insurer 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 that is relevant to the violation. Additionally, § 624.155(3)(b) mandates that the Civil Remedy Notice must be “on a form provided by the [Department] and shall state with specificity … such other information as the department may require.” (emphasis added). Notably, in the section that requires the Complainant identify the person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in this notice, in addition to certain individuals, the Complainant states “any other individual from, or agent of, Florida Peninsula Insurance Company, who was involved in the claim.” This is clearly nonspecific, inaccurate, and fails to provide Florida Peninsula with a proper ability to identify the proper individuals. Further, the purpose of the specificity requirement for a civil remedy notice is to put the insurer on notice of an alleged violation, the circumstances surrounding same, and indicate the details of the alleged violation in order to provide an insurer with 60 days to “cure” the alleged claim defects and otherwise avoid litigation. See Talat Enterprises, Inc. v. Aetna Casualty and Surety Co., 753 So. 2d 1278, 1283-4 (Fla. 2000); Rousso v. Liberty Surplus Ins. Corp., 2010 U.S. Dist. LEXIS 82328 (S.D. Fla. Aug. 13, 2010). Uninformative recitations that do not inform the insurer of the facts underlying the alleged violations or match up with the statutes that the complainant identifies as the statutes that were purportedly violated are insufficient to fulfill the requirements of § 624.155. Rousso, 2010 U.S. Dist. LEXIS 82328. The CRN fails to meet the specificity requirements of § 624.155, Florida Statutes, and therefore is invalid and deficient. Notably, in contravention of the statutory and form requirements that a complainant must state the specific statutory provisions allegedly violated and the facts and circumstances giving rise to the violation, the CRN identifies certain statutory provisions, though they are not wholly relevant or applicable to the alleged facts or claimed violations contained in the CRN or fail to correlate with any specific facts or circumstances giving rise to the alleged violations. Likewise, the CRN identifies numerous “reason[s] for notice” without providing sufficient facts to support each. Additionally, contrary to the requirement to “describe the facts and circumstances giving rise to the insurer’s violation as you understand them at this time,” the purpose of which is to “enable the insurer to investigate and resolve [the] claim,” the CRN itself only provides unsupported, incomplete, generic, conclusory, and insufficient allegations with no basis in fact or circumstance, as well as omits specific facts to support its allegations of violations. The CRN includes a lengthy commentary on unsupported, conclusory accusations, unqualified opinion, legal conclusions, conjecture, and inaccurate statements of facts cast in the light most favorable to the Insured and her representatives. In short, the facts alleged are simply inaccurate, fail to paint a complete picture of the handling of this claim, fail to apprise Florida Peninsula of how its actions constituted a violation of said statutes, or were identified without any factual support. Additionally, the CRN wholly fails to include any policy language which relates to any purported violation. Rather, the CRN itself states, “The violations alleged are statutorily based and do not rely on any specific policy language.” Therefore, the Complainant has completely failed to include any specific policy language relevant to any of the purported violations. II. Despite the deficiencies, Florida Peninsula denies all allegations contained in the CRN. Notwithstanding the deficiencies in the CRN and without waiving the objections above, Florida Peninsula explicitly denies any violation of the Florida Statutes sections referenced in the CRN. Florida Peninsula hereby denies each and every allegation contained in the CRN, either explicitly or implicitly, and denies any wrongdoing in the handling of this matter. Rather, Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy, as well as in accord with Florida law. Florida Peninsula denies each and every allegation contained in the CRN and responds to them individually as follows: The Complainant lists numerous purported reasons for submitting the CRN which are 1) Claim Delay; 2) Unfair Trade Practice; 3) Not treating the Insured with good faith claims conduct; 4) Looking for ways to deny full recovery to the Insured; 5) Looking for ways to delay full recovery to the Insured; 6) Failing to properly investigate the Insured’s loss; 7) Failing to provide the Insured with the full benefits awarded under the contract of insurance in a t [the remainder of this purported reason is not included/cut off from the form provided]; 8) Not training, supervising, or managing adjusters properly so that prompt and full payments are made; 9) Not adjusting claims and evaluating loss properly; 10) Shifting the burden of insuring the loss to the Insured; and 11) Failing to implement proper standards for the adjustment and investigation of claims. Florida Peninsula denies these allegations. Additionally, as indicated in detail below, the CRN fails to establish or set forth any specific facts that would support the allegation asserted in support of the perceived violations and Florida Peninsula denies each and every allegation. Specifically, Florida Peninsula responds as follows: Allegation of Claim Delay: This allegation is without basis and thereafter denied. Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. At all times material to this claim, Florida Peninsula acted timely, diligently, and responsibly in its pursuit of coverage. Notably, the claim was first reported to Florida Peninsula on January 2, 2024, Florida Peninsula immediately began its thorough investigation and issued its coverage determination letter on January 9, 2024. At all times, Florida Peninsula has continuously acted promptly and timely with regards to all aspects of this claim. Moreover, any perceived delays alleged in the CRN are not due to the actions of Florida Peninsula, nor did Florida Peninsula have control over any actions causing any perceived delays. Further, claim delay, in and of itself, is not a valid reason for filing a CRN. Allegation of Unfair Trade Practice: This allegation is wholly without basis in law or in fact and is therefore denied. Counsel for Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy as well as in accord with Florida law, a determination of coverage was made based on a good faith investigation and the terms and conditions of the subject policy, a good faith attempt to investigate this claim has and continues to be made, and at all times material to this claim, Florida Peninsula has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, as it does on every claim. Allegation of Not treating the Insured with good faith claims conduct: This allegation is wholly without basis in law or in fact and is therefore denied. Counsel for Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy as well as in accord with Florida law, a determination of coverage was made based on a good faith investigation and the terms and conditions of the subject policy, a good faith attempt to investigate this claim has and continues to be made, and at all times material to this claim, Florida Peninsula has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, as it does on every claim. Allegation of Looking for ways to deny full recovery to the Insured: This allegation is wholly without basis in law or in fact and is therefore denied. Counsel for Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy as well as in accord with Florida law, a determination of coverage was made based on a good faith investigation and the terms and conditions of the subject policy, a good faith attempt to investigate this claim has and continues to be made, and at all times material to this claim, Florida Peninsula has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, as it does on every claim. Allegation of Looking for ways to delay full recovery to the Insured: This allegation is wholly without basis in law or in fact and is therefore denied. Counsel for Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy as well as in accord with Florida law, a prompt and timely determination of coverage was made based on a good faith investigation and the terms and conditions of the subject policy, a good faith attempt to investigate this claim has and continues to be made, and at all times material to this claim, Florida Peninsula has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, as it does on every claim. Allegation of Failing to properly investigate the Insured’s loss: This allegation is wholly without basis in law or in fact and is therefore denied. Counsel for Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy as well as in accord with Florida law, properly and reasonably investigated the claim, a determination of coverage was made based on a good faith investigation and the terms and conditions of the subject policy, a good faith attempt to investigate this claim has and continues to be made, and at all times material to this claim, Florida Peninsula has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, as it does on every claim. Allegation of Failing to provide the Insured with the full benefits awarded under the contract of insurance in a [the remainder of this purported reason is not included/cut off from the form provided]: This allegation is wholly without basis in law or in fact and is therefore denied. Counsel for Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy as well as in accord with Florida law, a determination of coverage was made based on a good faith investigation and the terms and conditions of the subject policy, a good faith attempt to investigate this claim has and continues to be made, and at all times material to this claim, Florida Peninsula has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, as it does on every claim. Allegation of Not training, supervising, or managing adjusters properly so that prompt and full payments are made: This allegation is wholly without basis in law or in fact and is therefore denied. Counsel for Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy as well as in accord with Florida law, a determination of coverage was made based on a good faith investigation and the terms and conditions of the subject policy, a good faith attempt to investigate this claim has and continues to be made, and at all times material to this claim, Florida Peninsula has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, as it does on every claim. Additionally, Florida Peninsula has always implemented standards for investigating and adjusting claims commensurate with the requirements of Florida Statutes, and it will continue to do so. Allegation of Not adjusting claims and evaluating loss properly: This allegation is wholly without basis in law or in fact and is therefore denied. Counsel for Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy as well as in accord with Florida law, a determination of coverage was made based on a good faith investigation and the terms and conditions of the subject policy, a good faith attempt to investigate this claim has and continues to be made, and at all times material to this claim, Florida Peninsula has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, as it does on every claim. Allegation of Shifting the burden of insuring the loss to the Insured: This allegation is wholly without basis in law or in fact and is therefore denied. Counsel for Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy as well as in accord with Florida law, a determination of coverage was made based on a good faith investigation and the terms and conditions of the subject policy, a good faith attempt to investigate this claim has and continues to be made, and at all times material to this claim, Florida Peninsula has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, as it does on every claim. Allegation of Failing to implement proper standards for the adjustment and investigation of claims: This allegation is wholly without basis in law or in fact and is therefore denied. Counsel for Complainant should immediately withdraw this allegation from the CRN as it cannot be established by any credible evidence. Florida Peninsula handled the claim both diligently and properly under the terms and conditions of the insurance policy as well as in accord with Florida law, a determination of coverage was made based on a good faith investigation and the terms and conditions of the subject policy, a good faith attempt to investigate this claim has and continues to be made, and at all times material to this claim, Florida Peninsula has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, as it does on every claim. Additionally, Florida Peninsula has always implemented standards for investigating and adjusting claims commensurate with the requirements of Florida Statutes, and it will continue to do so. Moreover, the subject CRN cites several statutes Florida Peninsula has allegedly violated. While Florida Peninsula categorically and unequivocally denies violating any statutes, Florida Peninsula will briefly address the specific statutes alleged to have been violated, in an abundance of caution. § 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 his or her interests. Florida Peninsula denies this allegation. The CRN sets forth no actual facts to support this allegation, only opinions as to how the Complainant believes the claim should have been resolved. The CRN also sets forth several inaccuracies and incomplete information regarding the claim based solely on unsupported opinions. Florida Peninsula had a qualified adjuster inspect the insured property in the subject claim and conducted a reasonable investigation of the claim. Additionally, Florida Peninsula made a determination of coverage on this claim based on the totality of its good faith investigation and the terms and conditions of the subject policy and Florida law, and issued a detailed explanation to the Insured explaining its coverage determination thoroughly. While Florida Peninsula has and continues to make a good faith attempt to investigate this claim and has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, Florida Peninsula is also not obligated to settle a claim in a matter beyond that which is covered under the terms, conditions and exclusions of the subject policy. The remainder of the CRN simply states disparaging and unsubstantiated opinions regarding Florida Peninsula and its agents assisting in the investigation of the subject claim. At no time has Florida Peninsula acted dishonestly or unfairly toward the Insured and/or her representatives. All actions have been performed in good faith for the purpose of moving the claim towards a just and equitable resolution. Florida Peninsula acted in accordance with Florida Statute § 624.155(1)(b)(1) and has in no way violated said statutory provisions. § 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. Florida Peninsula denies this allegation. The CRN sets forth no actual facts to support this allegation, only opinions as to how the Complainant believes the claim should have been resolved. The CRN also sets forth several inaccuracies and incomplete information regarding the claim based solely on unsupported opinions. Florida Peninsula retained a qualified independent adjuster to inspect the insured property in the subject claim. Additionally, Florida Peninsula made a determination of coverage on this claim based on the totality of its good faith investigation and the terms and conditions of the subject policy and Florida law and issued a detailed explanation to the Insured regarding its coverage determination. While Florida Peninsula has and continues to make a good faith attempt to investigate this claim and has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, Florida Peninsula is also not obligated to settle a claim in a matter beyond that which is covered under the terms, conditions and exclusions of the subject policy. The remainder of the CRN simply states disparaging and unsubstantiated opinions regarding Florida Peninsula and its agents assisting in the investigation of the subject claim. At no time has Florida Peninsula acted dishonestly or unfairly toward the Insured and/or her representatives. Moreover, it is unclear what other portions of the policy coverage Complainant claims Florida Peninsula was trying to influence the settlements of. All actions have been performed in good faith for the purpose of moving the claim towards a just and equitable resolution. Florida Peninsula acted in accordance with Florida Statute § 624.155(1)(b)(3) and has in no way violated said statutory provisions. § 626.9541(1)(i)(3)(a) Failing to adopt and implement standards for proper investigation of claims. Florida Peninsula denies this allegation. The CRN sets forth no actual facts to support this allegation, only opinions as to how the Complainant believes the claim should have been resolved. The CRN also sets forth several inaccuracies and incomplete information regarding the claim based solely on unsupported opinions. Florida Peninsula had a qualified adjuster inspect the insured property in the subject claim. Additionally, Florida Peninsula made a determination of coverage on this claim based on the totality of its good faith investigation and the terms and conditions of the subject policy and Florida law, and issued a detailed explanation to the Insured explaining its coverage determination thoroughly. While Florida Peninsula has and continues to make a good faith attempt to investigate this claim and has and continues to act fairly and honestly towards the Insured and with due regard for the interests of the Insured, Florida Peninsula is also not obligated to settle a claim in a matter beyond that which is covered under the terms, conditions and exclusions of the subject policy. The remainder of the CRN simply states disparaging and unsubstantiated opinions regarding Florida Peninsula and its agents assisting in the investigation of the subject claim. Moreover, the CRN fails to explain why Complainant feels the actual investigation was not proper except as to complain as to the dollar amount that Florida Peninsula attributed to the coverage damages. Rather, Florida Peninsula has always implemented standards for investigating and adjusting claims commensurate with the requirements of Florida Statutes, and it will continue to do so. All actions have been performed in good faith and for the purpose of moving the claim towards a just and equitable resolution. Florida Peninsula acted in accordance with Florida Statute § 626.9541(1)(i)(3)(a) and has in no way violated said statutory provisions. § 627.444(2)(a). While not included in the list of purportedly violated statutes, Complainant attempts to include this statute in the section of the CRN for providing relevant policy provisions and references the statute in the narrative section. First and foremost, section 627.444(2)(a) is not a permissible basis for a CRN or bad faith lawsuit. Notwithstanding, Florida Peninsula denies this allegation and further states that Florida Peninsula has complied with all statutory requirements. Alleged Violations of Policy of Insurance The CRN requires the Complainant to reference the specific policy language that is relevant to the violation. Rather than complying with this requirement, the CRN wholly fails to include any policy language which relates to any purported violation. Rather, the CRN itself states, “The violations alleged are statutorily based and do not rely on any specific policy language.” Therefore, the Complainant has completely failed to include any specific policy language relevant to any of the purported violations. The failure to comply with this requirement or to provide factual support as to what and how Florida Peninsula purportedly violated the policy prevents Florida Peninsula from engaging in any meaningful review of the policy terms and conditions or actions that the Complainant takes issue with and addressing any issues regarding the policy. Florida Peninsula cannot hit a moving target by attempting to determine what provisions of the policy are actually at issue. As for public policy, this appears to be the exact purpose for the statutory requirements referenced above, which you have violated by failing to accurately provide the policy provisions at issue. Moreover, to the extent the Complainant subsequently intends to rely on additional and specific policy provisions, she is precluded from doing so as she has failed to properly include those provisions in the CRN. Notwithstanding, Florida Peninsula denies violating any provision or duty set forth in the policy. Alleged Factual and Circumstantial Support for the CRN A review of the facts and circumstances surrounding the investigation and claim decisions on the Complainant’s claim reveals Florida Peninsula acted in good faith and diligently investigated, handled, and adjusted the claim at issue in this dispute. Florida Peninsula acted fairly, honestly, and in good faith, acknowledged and acted promptly upon receipt of the claim, attempted in good faith to adjust the claim pursuant to the terms of the policy, took reasonable steps to investigate the claim, communicated reasonably and honestly with the Insured and her representatives about the claim, and provided the Insured reasonable explanations for its actions. The subject claim involves alleged windstorm damage to the roof with a reported date of loss of December 30, 2023 to the property located at 3831 S Denton Cir., Cocoa, FL 32926 (the “Property”). The claim was first reported to Florida Peninsula on January 2, 2024. Florida Peninsula promptly responded with acknowledgement of the claim and the Homeowner Claims Bill of Rights and initiated its investigation of the claim. Florida Peninsula obtained an inspection of the Property by a qualified and independent adjuster. Based on the totality of its reasonable and good faith investigation, Florida Peninsula issued its coverage determination letter on January 9, 2024 detailing the basis of Florida Peninsula’s coverage determination, explaining the findings during the investigation, explaining that the covered damages did not exceed the policy deductible, and providing the Insured its estimate. The coverage determination was clear, honest, thorough, and detailed. Florida Peninsula promptly and honestly made all coverage determinations based on its reasonable and good faith investigation of the claim. Moreover, contrary to the Complainant’s claims, Florida Peninsula has and continues to promptly respond to all communications, communicate honestly with the Insured and her representatives, and conduct a fair and good faith ongoing investigation of the claim. Thus there is no indication in the CRN nor anywhere within the record evidence to suggest that Florida Peninsula handled the Complainant’s claim in bad faith or incongruent with the applicable Florida Statutes. Rather, the record evidence establishes the opposite, and shows that Florida Peninsula properly handled and adjusted the Complainant’s claim and has continued to do so from the time it was first received through the present. Furthermore, under the circumstances, and upon information and belief, the filing of the CRN appears to be an effort to strong-arm Florida Peninsula into payment for repairs and excessive benefits for which the Complainant is not entitled under the policy. The disagreement with the claim decision does not in any way constitute bad faith on the part of Florida Peninsula. Under the circumstances presented, Florida Peninsula cannot in good faith issue a payment for damages that are claimed and demanded by the Complainant as doing so would, in essence, breach Florida Peninsula’s duty of good faith and fair dealing owed toward each and every one of its other policyholders. Accordingly, there is no evidence that Florida Peninsula has acted in any way, whatsoever, contrary to the terms of the policy or in violation of the statutes listed in the CRN. III. Demands to Cure Defects. Moreover, the CRN does not specify a cure for the alleged violations that comports with the provisions of the subject Policy. Further, the CRN requests “cures” that are improper according to Florida law and Fla. Stat. §624.155. See Talat Enterprises, Inc. v. Aetna Casualty and Surety Co., 753 So. 2d 1278, 1281 (Fla. 2000). The Talat decision provides that a “cure” must be limited to contract damages. Additionally, Section 624.155, Florida Statutes, does not impose on an insurer the obligation to pay whatever its insured demands. Talat, 753 So. 2d at 1282. On the contrary, the Florida Supreme Court holds that the scope of what can be “cured” in responding to a Civil Remedy Notice, is limited to contractual amounts due to the insured. See Talat, 753 So. 2d at 1281. The subject Notice is deficient as it does not provide an opportunity to “cure” the alleged violations without imposing obligations on Florida Peninsula not owed or contemplated by the Policy. To the extent the CRN requests anything other than contract proceeds, the CRN is defective and should be rejected. The offer to cure in the CRN, rather, is illusory and even a reading of the CRN in a light most favorable to the Complainant requires that it be invalidated and rejected. Notably, the CRN only generally requests that in order to cure the alleged violations, Florida Peninsula must: (1) admit full coverage for the Insured’s loss and (2) tender full benefits owed to the Insured under the insurance company. First and foremost, the CRN’s failure to identify a specific cure amount renders the cure and CRN deficient. Moreover, based on its thorough investigation, the information received at this time, and the terms and conditions of the Policy, Florida Peninsula properly determined that the covered damages were below the deductible of the policy, and therefore no amounts are owed by Florida Peninsula. IV. Conclusion. In closing, Florida Peninsula first believes that the CRN does not comply with section 624.155, Florida Statutes, and should therefore be rejected and returned by DFS due to its failure to comply with § 624.155, Florida Statutes, and Florida case law. Regardless of the rejection and lack of compliance, Florida Peninsula denies all allegations contained in the CRN and submits there are no violations. While this Response is meant to be comprehensive, Florida Peninsula’s Response above is based upon the limited information provided in the CRN and the information we have to date. If the Complainant feels that we are not in possession of all the facts, please inform us immediately. Please note that Florida Peninsula’s Response is not necessarily exhaustive and does not preclude us from asserting any other valid reason for the lack of compliance with Florida Statute § 624.155. Also, this letter or any act or failure to act on the part of Florida Peninsula or any agent or representative of Florida Peninsula should not be construed as a waiver of any rights or defenses available to it by contract or at law as all such rights and defenses are hereby specifically reserved. We trust that this Response addresses the allegations of insurer violation alleged in the CRN filed on October 15, 2024. Should you have any questions regarding this matter or need anything further, please do not hesitate to contact the undersigned.
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