Civil Remedy Notice of Insurer Violations
Login

Filing Number:     788025
Filing Accepted:  10/22/2024
         Print Filing
Complainant
Last/Business Name *  
BROWN   First Name   ALISHA
Street Address * 1315 TYLER STREET
City, State Zip * JACKSONVILLE, FL 32209
Email Address * BROWNALISHA910@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   BROWN   First Name   ALISHA
Policy # * 76187-68-71 Claim #* 7007960332-1
Attorney
Attorney is Applicable
Last Name* CAMPIONE First Name * FRANK Initial J
Street Address* 501 W. BAY STREET, SUITE 100
City, State Zip* JACKSONVILLE , FL 32202
Email Address * JASON@CAMPIONELAWPA.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   TRUCK INSURANCE EXCHANGE
NAIC Company Code 21709
 
Name of individual responsible for violation (if any):* MATTHEW MILLWARD AND ALL OTHER CLAIMS HANDLERS OR REPRESENTATIVES RESPONSIBLE FOR HANDLING THE CLAIM
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
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.
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.
* 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 – PROPERTY COVERAGES AND SECTION I – PERILS INSURED AGAINST, INCLUDING BUT NOT LIMITED TO: COVERAGE A – DWELLING. ADDITIONAL COVERAGES INCLUDING BUT NOT LIMITED TO ORDINANCE OR LAW, AND ALL OTHER ADDITIONAL COVERAGES PROVIDED UNDER THE APPLICABLE POLICY. ALL OTHER APPLICABLE COVERAGE PROVISIONS, INCLUDING BUT NOT LIMITED TO ALL COVERAGE(S) PROVIDED BY ENDORSEMENT OR RIDER, THE DECLARATIONS PAGE, LOSS PAYMENT OR SETTLEMENT PROVISIONS, AND ALL OTHER PROVISIONS PROVIDING COVERAGE OF THE CLAIM AS PREVIOUSLY SUBMITTED TO THE INSURER. FLORIDA ADMINISTRATIVE CODE SECTIONS VIOLATED 69B-220.201(3) – CODE OF ETHICS. THE WORK OF ADJUSTING INSURANCE CLAIMS ENGAGES THE PUBLIC TRUST. AN ADJUSTER SHALL PUT THE DUTY FOR FAIR AND HONEST TREATMENT OF THE CLAIMANT ABOVE THE ADJUSTER’S OWN INTERESTS IN EVERY INSTANCE. THE FOLLOWING ARE STANDARDS OF CONDUCT THAT DEFINE ETHICAL BEHAVIOR, AND SHALL CONSTITUTE A CODE OF ETHICS THAT SHALL BE BINDING ON ALL ADJUSTERS: 69B-220.201(3) (B)2. – AN ADJUSTER SHALL ADJUST ALL CLAIMS STRICTLY IN ACCORDANCE WITH THE INSURANCE CONTRACT. 69B-220.201(3)(C) – AN ADJUSTER SHALL NOT APPROACH INVESTIGATIONS, ADJUSTMENTS, AND SETTLEMENTS IN A MANNER PREJUDICIAL TO THE INSURED. 69B-220.201(3)(D) – AN ADJUSTER SHALL MAKE TRUTHFUL AND UNBIASED REPORTS OF THE FACTS AFTER MAKING A COMPLETE INVESTIGATION. 69B-220.201(3)(F) – AN ADJUSTER, UPON UNDERTAKING THE HANDLING OF A CLAIM, SHALL ACT WITH DISPATCH AND DUE DILIGENCE IN ACHIEVING A PROPER DISPOSITION OF THE CLAIM.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Truck Insurance Exchange, (“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 financial interest of Insurer before that of the Policyholder and Claimant; 3. Not adjusting the claims promptly and fairly; 4. Not attempting in good faith to handle claims; 5. Looking for ways to deny full recovery to the Insured. On or about May 10th, 2024, Claimant suffered substantial damage to the exterior of the dwelling, due to wind damages, a covered peril under the policy. The policy provides insurance coverage for all the losses, damages, and expenses that Claimant suffered and incurred. The Insurer was provided with an estimate; however, the Insurer still failed to properly evaluate this claim and promptly settle although it has become reasonably clear that it should do so. The Insurer’s improper handling and delay in paying this claim has caused insurmountable damage to the Insured’s home that needs to be remedied immediately. Claimant gave the Insurer prompt and timely notice of Claimant’s claim once damage was discovered. The Insurer has not responded to the claimant’s demand. (1) Estimate for repair as well as other supporting documentation was provided to handling adjuster on August 26, 2024, (2) There are no Invoices for repairs or previous work or maintenance to the roofing to provide, and (3) No EMS documentation in claimant’s possession at this time. The Insurer’s actions amount to but are not limited to the following: 1. Not treating the policyholder with good faith claims conduct 2. Looking for ways to reduce recovery to the Insured 3. Not adjusting claims and evaluating loss properly, promptly, and fairly to provide full and prompt indemnity to the Insured 4. Not training, supervising, or managing adjusters properly so that prompt and full payments are made, but rather placing the company’s interests before the policyholder’s interests 5. Placing the financial interest of the Insurer over that of the Insured. Florida law imposes no requirement to specify a definite cure amount to a civil remedy notice. Talet Enterprises v. Aetna Casualty & Surety Co., 753 So. 2d 1278 (2000). To cure the defects outlines in this civil remedy notice, the Insurer needs to pay the full amount necessary to bring the Insured’s home back to its pre-loss condition. The Insurer must also pay for any statutory costs and fees to which the Insured is entitled. This includes, but is not limited to, attorney's fees and costs, IF INCURRED, pursuant to Florida Statute 627.428, plus a 2.5 multiplier in accordance with the principles of Rowe v. Patient's Compensation Fund.
Comments
User Id Date Added Comment
frank@campionelawpa.com 01-19-2026 Claimant withdraws this notice as the claim has been remedied.
cheryl.perez@farmersinsurance.com 11-20-2024 November 20, 2024 Via E-Mail Campione Law LLC 501 West Bay Street Suite 100 Jacksonville, FL 32202 Delivered by email to: jason@campionelawpa.com RE: Alisha Brown Claim No.: 7007960332-1 Dear Frank Campione, This correspondence is Truck Insurance Exchange’s (“Truck”) response to the Civil Remedy Notice of Insurer Violation No. 788025 filed by Complainant on October 22, 2024. Complainant alleges that Truck violated various subsections within Sections 624.155 and 626.9541, Florida Statutes, pertaining to Claim No. 7007960332-1 under an insurance policy issued by Truck to Complainant. Truck welcomes the opportunity to respond to the Notice’s allegations. On the merits, Truck avers it handled Complainant’s claim correctly, fairly, in good faith and with due regard for their interests under Complainant’s policy. A review of our records shows your office reported this loss on August 7, 2024, damage to the Complainant’s property as a result of a windstorm on May 10, 2024. Despite Complainant’s nearly three months delay in reporting this loss, Truck conducted a prompt and thorough investigation into this claim. We enlisted the services of an independent third-party vendor, Hancock Claims Consultants, and the inspection was completed as scheduled August 9, 2024 in the presence of our insured. The inspection found covered and non-covered damage. The covered damage includes a roof repair to replace ten wind damaged shingles. The non-covered damage includes age related wear and tear in the form of granule loss, heat blisters, nail pops and unsealed shingles. Because wear and tear is excluded from coverage, we provided a partial denial letter of explanation along with our estimate for the covered repairs on August 12, 2024. This estimated cost, however, fell below the policy’s $1,000.00 deductible. As a result, pursuant to the terms of the policy, no payment was issued to Complainant for the claim. On August 26, 2024 we received your estimate to replace the roof. The estimate you provided does not support the presence of additional covered damage to our insured’s property. As such, Truck contacted your office and left a voicemail, advising our position on coverage and the claim remains unchanged. The only facts that Complainant alleges to support their allegations that Truck violated Florida law and handled Complainant’s claim in bad faith is that Truck’s adjustment of the claim did not result in payment of Complainant’s exorbitant demand. Truck’s policy only covers accidental direct physical loss or damage to the property that is not otherwise excluded, which is further limited by the conditions and coverage limits of the policy. In accordance with these terms, Truck properly adjusted this claim. Accordingly, contrary to Complainant’s apparent contention, Truck’s coverage determination was made in good faith. Truck denies any breach of any statutory or contractual duties in the handling of Complainant’s claim. While this response is meant to be comprehensive, Truck's response is based on the limited information provided in the Notice filed by Complainant. Also, this letter or any act or failure to act on the part of Truck or any agent or representative of Truck should not be construed as a waiver of any rights or defenses, including but not limited to proper notice and service, available to it by contract or at law as all such right and defenses are hereby specially reserved. We trust that this response addresses the allegations raised in the Notice. Please contact us if you have any questions or should you wish to discuss this matter further. Sincerely, Cheryl Perez, Company Employee Adjuster General Claims Adjuster (913) 274-0230 Truck Insurance Exchange
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.

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.




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