Filing Number: 787510
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| Filing Accepted: 10/18/2024 |
| Last/Business Name
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BEJAMIN
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First Name |
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RICHARDSON |
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| Street Address
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158 W G H WASHINGTON ST |
| City, State Zip
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APOPKA,
FL
32703
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| Email Address
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NFRAVIEN@HOTMAIL.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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BEJAMIN |
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First Name |
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RICHARDSON |
| Policy # * |
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SFLH3000491-05 |
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Claim #* |
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62054 |
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Attorney is Applicable
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| Last Name* |
ALTMAN
First Name *
ALEXIS
Initial
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| Street Address* |
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925 SOUTH FEDERAL HIGHWAY, 7TH FLOOR |
| City, State Zip* |
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BOCA RATON
,
FL
33432
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| Email Address * |
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AALTMAN@KPATTORNEY.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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SAFEPOINT INSURANCE COMPANY
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| Insurer Name* |
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| Street Address* |
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| City, State Zip* |
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,
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NAIC Company Code 15341 |
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| Name of individual responsible for violation (if any):*
JILMA FIGUEREDO NOVO
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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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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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Claim Delay
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Claim Denial
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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)(c) |
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Failing to acknowledge and act promptly upon communications with respect to claims.
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| 626.9541(1)(i)(3)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
loss settlement provision
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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.
SafePoint Insurance Company (“Carrier”) has not attempted in good faith to settle the insured’s claim 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 their interests. The carrier is required to properly investigate and adjust claims and cannot place that burden upon the insured. In fact, the carrier has intentionally misrepresented the cause of loss in an effort to deny the claim so they can maximize its profits, thereby preventing the insured from being able to restore their home to its pre-loss conditions. The carrier has engaged in these actions, despite the clear and unequivocal burden discussed in Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005), wherein the Florida Supreme Court held, “The Legislature has clearly chosen to impose on the insurance companies a duty to use good faith and fair dealing in processing and litigating the claims of their insureds.”
This claim arises from the devastation caused by tornado that ripped through areas of Florida. The insured Richardson Bejamin property fell victim to this tornado and her home and life have been in shambles ever since. He called her insurance company Safepoint who to this day has failed to treat their insured with good faith claims handling. A field adjuster went to the home and two months after the inspection, a denial letter was sent out stating “Unfortunately, your policy does not cover damage to your property’s exterior, roofing system, and/or other structure(s) caused by wear and tear, age-related damage, deterioration, faulty or inadequate workmanship, repair, and or maintenance. Additionally, your policy does not provide coverage for damages attributed to constant or repeated seepage or leakage of water.” This letter stated every single exclusion under the policy and did not include any sort of justification for its finding. The insureds were devastated and hired the assistance of a public adjuster who provided State Farm with an accurate and comprehensive estimate of damages in the amount of $96,765.80.
Pursuant to Florida Statute §624.155(1)(b)(1), Safepoint has failed to settle the claim in good faith when it could and should have done so. The Insured immediately reported the Loss and the Property was presented for inspection. The damage to the Insured’s property was clearly caused by a covered peril under the Policy and was clearly extensively damaged, but the carrier has not shown a good faith intention to pay what was owed under the policy. Instead the carrier has mispresented the cause of damages in hopes that the insured would just drop the claim.
Florida law mandates that insurers and adjusters do not mislead the Insured. Florida Insurance companies that fail to follow these Florida laws and regulations, designed to protect consumers, do not only breach their duties under the policy of insurance but do so in bad faith. In violation of Florida Statute §626.9541(1)(i)(3)(b), the carrier intentionally misrepresented the available coverage under the policy by not providing full coverage and listed every exclusion under the policy with regards to the cause of damages.
Pursuant to Florida Statute 626.9541(1)(i)(3)(a) the carrier has Failed to adopt and implement standards for the proper investigation of claims, as there is no justification for the findings listed in the denial.
All the aforementioned are part of what appears to be an ongoing pattern and practice of behavior of the carrier that it demonstrates a wanton and reckless disregard for the insureds’ rights and a pattern and practice of bad faith claims practices to its insureds across the state of Florida. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must:
1.) Pay the indemnity portion in the amount of $96,765.80 minus any applicable deductibles or prior payments;
2.) Pay all emergency services retained by the insureds;
3.) Pay the statutory interest on the amount of unpaid damages from the date of loss to the date payment is finally made.
Please do not hesitate to contact the undersigned (561)-892-9988 if you have any questions or concerns.
Sincerely,
Alexis Altman
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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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