Civil Remedy Notice of Insurer Violations
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Filing Number:     787888
Filing Accepted:  10/21/2024
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Complainant
Last/Business Name *  
WITCZAK   First Name   CHRISTINE
Street Address * 564 NW WAVERLY CIRCLE
City, State Zip * PORT SAINT LUCIE, FL 34983
Email Address * CHRISTINE11265@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   WITCZAK   First Name   CHRISTINE
Policy # * SOIH5097224-04-0000 Claim #* 62044
Attorney
Attorney is Applicable
Last Name* STRUBLE First Name * MATTHEW Initial
Street Address* 325 FIFTH AVENUE, SUITE 103
City, State Zip* INDIALANTIC , FLORIDA 32903
Email Address * SERVICE@STRUBLECOHEN.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   SOUTHERN OAK INSURANCE COMPANY
NAIC Company Code 12247
 
Name of individual responsible for violation (if any):* AND ALL ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY SOUTHERN OAK INSURANCE COMPANY RELATED TO THIS CLAIM.
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
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.
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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

There are no policy provision specifically at issue or in dispute, the policy provides coverage resulting from Hail and Wind but Southern Oak Insurance Company has failed to extend coverage for repairs needed for the insured property.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Insurer issued an insurance policy bearing policy number SOIH5097224-04-0000 with effective dates of coverage from January 17, 2024 to January 17, 2025, which insured the property located at 564 NW Waverly Circle, Port Saint Lucie, Florida 34983. The policy was in effect when the property sustained damage on or about May 19, 2024, when damage was caused by Hail and Wind. Southern Oak Insurance Company (“Insurer”) received notice of the claim for property damage resulting from Hail and Wind, and related damages on or about May 19, 2024. The damage was reported to Insurer which assigned Claim Number 62044 to the claim and investigated the claim. Insurer failed to retain the experts needed to perform the inspection and needed to address the damage at issue and determine the repairs needed to restore the property. Insurer has been provided with documents establishing that the claim is covered, despite this being apparent from the condition of the property alone. Insurer has failed to extend coverage for payments owed and has refused to attempt to settle the claim with its insured. Insurer’s delay in issuing payment is causing and will cause the insured to sustain extra-contractual damages not covered by the property, including loss of use and enjoyment of the property and related damages, costs associated with hiring adjusters and experts, among other damages and these uninsured damages would not have occurred but for the insurer ’s failure to timely issue payments owed. In this claim and as a business practice, insurer fails to retain experts needed to investigate claims, ignores evidence establishing coverage and avoids covered repairs to attempt to avoid issuing payments owed pursuant to the insurance policy. Insurer can cure these violations by attempting to settle the claim in good faith and issuing payment for the remaining contractual damages owed. As Insurer is aware, issuing payment for contractual damages owed will preclude recovery of extra-contractual damages already incurred, and that will be incurred, and the contractual damages should immediately be paid and be paid within 60 days from the date of this notice. Due to applicable Florida Statutes, and the insurance policy’s payment provisions, the payment issued should also include interest. If insurer contends there is somehow more information needed that was not already provided, it should immediately advise the insured’s attorney what information is needed. Insurer has been provided with information establishing that the claim is covered but has failed to extend coverage for the claim. Insurer’s denial of the claim and refusal to issue payment is a breach of the insurance policy. This notice is being given in order to perfect the right to pursue the civil remedy authorized by this section.
Comments
User Id Date Added Comment
mstruble@strublelawfirm.com 05-12-2025 Please be advised this Civil Remedy Notice of Insurer Violations Filing Number: 787888 has been withdrawn due to an amicable resolution reached by the parties. Thank you
jshanholtzer@tlsslaw.com 12-13-2024 Ryan S. Parker, Esquire, on behalf of Southern Oak Insurance Company, responded to the Civil Remedy Notice in letter format on December 13, 2024 via electronic mail to: Christine Witczak c/o Matthew Struble, Esq. Struble Cohen, P.A. 325 Fifth Avenue, Suite 103 Indialantic, Florida 32903 service@strublecohen.com RE: Insured : Christine Witczak Claim Number : 62044 Date of Loss : May 19, 2024 Policy Number : SOIH5097224-04-0000 DFS File Number : 787888 Filing Accepted Date : October 21, 2024 Dear Mr. Struble: As you know, this firm has the pleasure of representing Southern Oak Insurance Company (“Southern Oak”) in connection with the above-referenced matter. Southern Oak is in receipt of the Civil Remedy Notice of Insurer Violations (“Notice”) assigned Filing Number 787888 and an acceptance date of October 21, 2024. Southern Oak’s response to the Notice will follow. The Notice alleges “Claim Denial,” “Claim Delay,” and “Unsatisfactory Settlement Offer,” as well as violations of Sections 624.155(1)(b)(1), and 626.9541(1)(i)(3)(a), (b), & (d), Florida Statutes. The allegations contained in the Notice constitute generic, boilerplate accusations against Southern Oak, are wholly without merit, and lack sufficient legal and factual support. Accordingly, Southern Oak denies each and every alleged violation of Florida law. As an initial matter, the Notice is deficient because it fails to comply with the requirements of the Florida Statutes. Section 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. Rather than include the specifics required by Statute, when asked to identify the specific policy language relevant to the alleged violations, the Notice states that “[t]here are no policy provision specifically at issue or in dispute, the policy provides coverage resulting from Hail and Wind but Southern Oak Insurance Company has failed to extend coverage for repairs needed for the insured property.” The Notice does not explain how Southern Oak failed to comply with the specific terms of the policy with specific factual support or specific language in the policy pertaining to the alleged incident. The failure to include the information required by Florida Statute §624.155(3)(b) renders the Notice defective. See Julien v. United Property & Casualty Insurance Company, 311 So. 3d 875 (Fla. 4th DCA 2021); and Demase v. State Farm Fla. Ins. Co., 351 So. 3d 136 (Fla. 5th DCA 2022). Additionally, the Civil Remedy Notice is defective as a matter of law. As stated by the Florida Supreme Court, the purpose of 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. See Talat Enterprises, Inc. v. Aetna Casualty and Surety Co., 753 So.2d 1278 (Fla. 2000). The purpose of Fla. Stat. §624.155 is to provide the insurer with an opportunity to resolve a first-party coverage dispute and otherwise avoid litigation. See Talat Enterprises, Inc.; see also Lane v. Westfield Ins. Co., 862 So.2d 744 (Fla. 5th DCA 2003). Further, a Civil Remedy Notice must be sufficiently specific to provide the insurer with an opportunity to cure the alleged violations. This would include i) identifying the specific policy provision(s) at issue, ii) citing specific language of the statutory provision(s) the insurer allegedly violated, and iii) specifically identifying what actions the insurer must take to remedy the alleged violations. Rousso v. Liberty Surplus Ins. Corp., 2010 WL 7367059 (S.D. Fla. Aug. 13, 2010); Heritage Corp. of South Florida v. National Union Fire Ins. Co. of Pittsburgh, PA, 580 F. Supp. 2d 1294, 1299-1300 (S.D. Fla. 2008). Further, the “facts and circumstances” section of the Notice is not in compliance with Florida law. Contrary to the requirements of Florida Statutes, the Notice makes false, boilerplate accusations, and does not contain any specific facts supporting the violations alleged. For example, the Notice alleges that Southern Oak violated Florida Statute §626.9541(1)(i)(3)(b) – Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. However, the body of the Notice does not identify the facts or policy provisions that Southern Oak allegedly misrepresented. Similarly, the Notice does not provide factual support for various allegations listed above, including but not limited to how Southern Oak’s investigation was conducted in bad faith or how Southern Oak has engaged in claim delay. As more fully discussed below, the allegations contained within the Notice are untrue, and the Notice contains no facts to support them. Contrary to the allegations in the Notice, Southern Oak acted promptly, responsibly, and in good faith at every opportunity in connection with this claim. The failure to provide any factual support for the alleged violations of Florida law renders the Notice deficient and in violation of Florida Statute §624.155(3)(b). A summary of the pertinent facts regarding the investigation and handling of this claim will follow. On or about June 20, 2024, Southern Oak received notice of a claim for storm damage to the roof and interior water damage at the insured property located at 564 NW Waverly Circle, Port St. Lucie, Florida 34983, with a reported date of loss of June 13, 2024. Southern Oak immediately acknowledged receipt of the claim, began its investigation, and sent the Insured a copy of the Homeowner Claims Bill of Rights and correspondence regarding the duties following a loss on June 20, 2024. As part of its investigation, Southern Oak set up an inspection of the property, which occurred on June 24, 2024. The inspection was performed by Kevin Johnson of Insurance Claims Unlimited, Inc. Prior to the inspection on June 21, 2024, Southern Oak spoke with the Insured who advised that a storm came through the area last month with wind and hail. She advised that she observed damage to her screen enclosure and decided to have the roof inspected. The roof observed a leak around a goose neck from inside the attic space. She reported that there was a cracked tile on the roof that the roofer replaced for the Insured. She reported that the roofer explained to the Insured that there was an issue with the valley causing the interior water damage to the garage. The Insured also reported noticing the water staining to the garage concrete wall last month after the storm, that the ceiling in the garage looks to have mold from the leak, and she received an estimate from the roofer for the damage. Thereafter, Southern Oak sent a letter to the Insured following up on its June 20, 2024 correspondence discussing duties precedent to coverage. The letter cited to the duties after loss in the Policy and advised that Southern Oak was continuing its investigation of the loss under a full reservation of rights under the Policy. Additionally, in order to assist in the investigation of the loss, the letter requested that the Insured provide certain information and documentation, including prior roof repair invoices, information and documents relating to repair and maintenance history of the roof, information relating to individuals that have inspected or made repairs to the property, photos of the damage following the loss, and documents relating to the scope of damage. Following the inspection, Southern Oak sent correspondence to the Insured discussing its coverage determination. The letter advised that the estimate to repair the covered damages in the amount of $738.18 is less than the applicable deductible, and therefore no payment is owed. The letter also advised that Southern Oak updated the date of loss from June 13, 2024 to May 19, 2024 after reviewing the letter of representation. The letter also advised that there was no evidence of wind or hail damage to the roof, but there was evidence of prior repairs, wear, tear, settling, shrinking, bulging, and expansion of the roof tiles, and on the front slope there was evidence of wear, tear, and deterioration of the roofing membrane. The letter further advised that Southern Oak’s inspection of the interior revealed discoloration to the garage ceiling and the garage concrete wall. Additionally, Southern Oak’s inspection of the attic revealed discoloration of the roof sheathing. The letter advised that the policy does not insure against wear, tear, deterioration, settling, cracking, including resultant cracking of roofs. The letter further advised that the Policy does not provide coverage for interior water damage unless a covered peril first damages the building causing an opening in a roof or wall and the rain enters through this opening. The letter cited to the specific policy provisions therein. The letter was also sent to the Insured’s public adjuster, Ask an Adjuster. After the claim was reported, Southern Oak received documentation from the Insured’s public adjuster, including a photo sheet, an estimate in the amount of $134,621.83, and a contract. Prior to this Notice being filed, Southern Oak attempted to reach an agreement with the public adjuster to resolve the dispute. Additionally, the parties attended mediation with the Florida Department of Financial Services, which resulted in an impasse. Thereafter, Southern Oak received a letter of representation from your law firm and a purported proof of loss. On October 21, 2024, you filed the Notice. On October 25, 2024, Southern Oak, through the undersigned, sent a letter to your law firm advising that the Proof of Loss cannot be accepted and Southern Oak does not agree with the amount claimed therein. Additionally, the letter advised that Southern Oak’s coverage decision remains unchanged. Then, on December 5, 2024, Southern Oak received a Notice of Intent to Initiate Litigation. On December 13, 2024, Southern Oak responded to the Notice of Intent to Initiate Litigation by requesting the Insured’s participation in mediation pursuant to Fla. Stat. § 627.70152(4)(b). Once again, Southern Oak hereby requests your cooperation in completing mediation within ninety (90) days pursuant to Fla. Stat. § 627.70152(4)(b). Under separate cover, you will receive proposed dates for at least three different mediators. Please respond promptly with your availability and the Insured’s availability. Southern Oak looks forward to trying to resolve this matter with you and the Insured at the upcoming mediation. Without waiving its rights to contest the validity of the subject defective and improper Notice, as the facts clearly demonstrate, Southern Oak has and continues to comply with both Florida law and the applicable policy of insurance throughout the entire handling of this claim. As outlined above, with regard to the investigation and handling of this claim, Southern Oak’s actions were prompt, thorough, and conducted in good faith. Therefore, Southern Oak specifically denies each and every violation alleged in the Notice. I trust this response addressed all concerns raised by the Notice. However, please do not hesitate to contact the undersigned should you require additional information. Sincerely, RYAN S. PARKER TYLER T. CALEY cc: Southern Oak 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