Civil Remedy Notice of Insurer Violations
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Filing Number:     787987
Filing Accepted:  10/22/2024
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Complainant
Last/Business Name *  
GARDNER   First Name   CHRIS AND JENELLE
Street Address * 1700 SW 127TH LANE
City, State Zip * DAVIE, FL 33325
Email Address * DAVID@ABOSCHLAW.COM
Complainant Type: * Insured
Insured
Last/Business Name*   GARDNER   First Name   CHRIS AND JENELLE
Policy # * 12-1021653-01 Claim #* 12-3001798-20
Attorney
Attorney is Applicable
Last Name* ABOSCH First Name * DAVID Initial
Street Address* 601 HERITAGE DRIVE, SUITE 508
City, State Zip* JUPITER , FL 33458
Email Address * DAVID@ABOSCHLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   TYPTAP INSURANCE COMPANY
NAIC Company Code 15885
 
Name of individual responsible for violation (if any):* SARAH CAUM
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Unfair Trade Practice
* 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.
626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
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.

SECTION I – PERILS INSURED AGAINST A. COVERAGE A – DWELLING and COVERAGE B – OTHER STRUCTURES 1. We insure against risk of direct physical loss to property described in Coverages A and B. 2. We do not insure, however, for loss: a. Excluded under Section I- Exclusions; * * * c. Caused by: We do not cover loss: * * * (c) Caused by constant or repeated seepage or leakage of water or steam or the presence or condensation of humidity, moisture or vapor, over a period of weeks, months or years, unless such seepage or leakage of water or the presence or condensation of humidity, moisture or vapor and the resulting damage is unknown to all “insureds” and is hidden within the walls or ceilings or beneath the floors or above the ceilings of a structure; * * * (f) Any of the following: (1) Wear and tear, marring, deterioration; (2) Inherent vice, latent defect or mechanical breakdown; * * * (6) Settling, shrinking, bulging or expansion, including resultant cracking, of pavements, patios, foundations, walls, floors, roofs or ceilings; * * *
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Chris and Jenelle Gardner ("insureds") were insured under an HO3 property insurance policy issued ty TypTap Insurance Company ("Insurer"), providing insurance for their property located at 1700 SW 127th Lane, Davie, FL 33325 ("Risk"), bearing policy number 12-1021653-01 ("Policy"). The Insureds timely presented a claim under the Policy to the Insurer for damages sustained at the Risk due to a sudden and accidental loss, to wit: Tropical Storm Eta. The Insureds strictly complied with all of their duties and responsibilities under the Policy as requested by the Insurer. However, unfortunately, the Insurer commenced a results-oriented investigation from the outset. The Insurer disregarded obvious wind damage and instead focused on what it unilaterally deemed flood damage without taking into account the recorded weather data and information provided by the insureds based upon their first-hand account of the loss. Additionally, the Insurer relied upon policy language which is not supported by the facts, considering the Insurer cannot substantiate the duration of interior leaking, and given the claimed damage was "unknown to all insureds ... " and " ... hidden within the walls or ceilings or beneath the floors or above the ceilings of a structure." When the Insureds and their representative attempted to discuss these issues with Sarah Caum further, Ms. Caum ignored their communications and refused to respond. The Insureds have incurred significant losses and damages as a result of a covered claim, and have been forced to retain legal counsel to enforce their rights under the Policy, and to insist upon the Insurer's compliance with their duties and responsibilities under the Policy and Florida law. Upon information and belief, the Insureds believe the Insurer commits such violations of Florida law and the policy such that it constitutes a general business practice. In order to cure these violations, the Insurer must tender to the Insureds all monies due and owing under the Policy for this covered loss, along with interest due and owing, and attorney's fees and costs. Additionally, the Insurer must create and implement standards to ensure for the proper investigation of claims as required under Florida law, and to ensure the Insurer and its agents acknowledge and act promptly upon communications with respect to claims.
Comments
User Id Date Added Comment
claims@typtap.com 12-17-2024 This is TypTap Insurance Company’s (“TypTap”) response to the Civil Remedy Notice of Insurer Violations (“CRN”) filed by David Abosch, Esq. on behalf of Chris and Jenelle Gardner (“Insured”). TypTap reviewed this CRN and conducted a thorough review of the subject claim (“claim”) and confirmed it handled the claim properly. Under the relevant facts and circumstances, the applicable insurance contract did not provide coverage for the claim. Ultimately, 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; 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). The CRN cannot serve as the basis of a bad-faith action against TypTap. 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 case, 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. 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.

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