Filing Number: 787952
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| Filing Accepted: 10/22/2024 |
| Last/Business Name
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INHOUSE ADJUSTING
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First Name |
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| Street Address
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4767 NEW BROAD STREET |
| City, State Zip
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ORLANDO,
FL
32814
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| Email Address
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INFO@INHOUSEADJUSTING.COM |
| Complainant Type:
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Third Party |
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| Last/Business Name* |
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MUBARAK |
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First Name |
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YOUSEF |
| Policy # * |
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KIN-HO-FL-269030100 |
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Claim #* |
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HO-3987827 |
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Attorney is Applicable
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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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KIN INTERINSURANCE NETWORK
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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 16603 |
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| Name of individual responsible for violation (if any):*
MICHELLE D. HELLANDBRAND (689) 215-4656 AND ALL ADJUSTERS AND ASSOCIATES WHO HANDLED THIS CLAIM.
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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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Claim Delay
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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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)(f) |
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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.
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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.
SECTION I: Perils Insured Against
COVERAGE A – DWELLING and COVERAGE B –
OTHER STRUCTURES
We insure against risk of direct loss to property
described in Coverages A and B only if that loss is a
physical loss to property.
SECTION I - CONDITIONS
3. Loss Settlement. Covered property losses are
settled as follows:
b. Buildings under Coverage A or B at replacement
cost without deduction for depreciation, subject
to the following:
(2) If, at the time of loss, the amount of
insurance in this policy on the damaged
building is less than 80% of the full
replacement cost of the building immediately
before the loss, we will pay the greater of the
following amounts, but not more than the
limit of liability under this policy that applies
to thebuilding:
(a) The actual cash value of that part of the
building damaged; or
(b) That proportion of the cost to repair or
replace, after application of deductible
and without deduction for depreciation,
that part of the building damaged, which
the total amount of insurance in this
policy on the damaged building bears to
80% of the replacement cost of the
building.
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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.
On September 10, 2024, Yusuf Mubarak filed a claim with {{JobInsuranceCompanyList}}, reporting significant wind damage to his roof. Following the assignment of an adjuster on September 11 and an inspection conducted on September 24, the insurer's initial determination only covered three shingles, which is grossly inadequate given the scope of the damage. To further assess the situation, the insurance company brought in an engineer, with their findings still pending as of October 15.
The Replacement Cost Value (RCV) assigned to Mr. Mubarak’s claim is a mere $1,013.00, a figure that woefully underrepresents the necessary repairs to restore his property. This amount fails to consider the extensive damage sustained and the actual costs involved in a complete roof restoration. The insurer's current assessment does not reflect a fair and honest evaluation of the damages and is clearly not in line with the realities of the claim.
The insurer's actions indicate a lack of good faith in settling this claim. They have not only failed to act in the best interests of Mr. Mubarak but also neglected to adopt and implement proper standards for the investigation of claims, as required by law. The delays in providing a comprehensive evaluation of the damages and the absence of a reasonable explanation regarding the basis for the minimal valuation further illustrate the insurer’s inadequate handling of this claim.
Statutes in Question:
§ 624.155(b)(1) - The insurer has not attempted in good faith to settle the claim, as it should have, given the circumstances, failing to act fairly and honestly toward Mr. Mubarak.
§ 624.155(b)(3) - The insurer has failed to promptly settle the claim when the obligation to do so became reasonably clear, potentially influencing settlements under other portions of the insurance policy.
§ 626.9541(1)(i)3.a - The insurer has not adopted and implemented standards for the proper investigation of claims, issuing an insufficient evaluation of the damages.
§ 626.9541(1)(i)3.b - The insurer has misrepresented pertinent facts and provisions related to coverage, particularly regarding the extent of the damages and necessary repairs.
§ 626.9541(1)(i)3.f - The insurer has failed to provide a reasonable written explanation to Mr. Mubarak regarding the basis for their valuation of the claim.
To remedy these violations, we demand a reassessment of the claim, leading to an appropriate and fair valuation that reflects the true costs associated with the wind damage. It is imperative that {{JobInsuranceCompanyList}} address these deficiencies in their claims handling process to avoid further financial hardship for Mr. Mubarak.
This Civil Remedy Notice is submitted in good faith with the intent to resolve this matter promptly and amicably.
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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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