Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 788429

Filing Accepted: 10/24/2024

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Complainant

Last/Business Name *

FAULLIN

First Name

ANTHONY SHANE

Street Address *

3997 BEACH DR SE

City, State Zip *

SAINT PETERSBURG, FL 33705

Email Address *

SHANE@SHANEFAULLIN.COM

Complainant Type: *

Insured

Last/Business Name*		FAULLIN		First Name		ANTHONY SHANE
Policy # *		12-1007088-04		Claim #*		12-3014863-23

Attorney

Attorney is Applicable

Last Name*	DICKEY First Name * ERIC Initial
Street Address*		1715 WEST CLEVELAND STREET
City, State Zip*		TAMPA , FLORIDA 33606
Email Address *		ERIC@WILLIAMSPA.COM

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		TYPTAP INSURANCE COMPANY
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 15885

Name of individual responsible for violation (if any):* ALL ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY TYPTAP INSURANCE COMPANY IN THIS CLAIM.
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Claim Delay
	Claim Denial
	Unsatisfactory Settlement Offer
	Unfair Trade Practice
	Other : Other: Failure to Properly Investigate Claim and with Due Regard to Insured's Interest
	Other : Other: Failure to Pay the Claim in Full

* 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)(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.

RELEVANT POLICY LANGUAGE The specific policy language that is believed to be relevant to the violations includes, but is not limited to, the following: See Subject Policy: Typtap Insurance Company Policy No.: 12-1007088-04 loss payment provision, policy definitions, and policy exclusions

* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Insured's Address: 3997 Beach Dr SE, Saint Petersburg, FL 33705 Insurer’s Address: 5300 W. Cypress Street, Tampa, FL 33607 This complaint is made on behalf of Anthony Shane Faullin (“Insured”) and against Typtap Insurance Company. In consideration of the premium paid to it by the Insured, Typtap Insurance Company issued to the Insured an insurance policy, Policy No.: 12-1007088-04 (the “Policy”). On or about January 21, 2023, while the Policy was in full force and effect, the Insured suffered a water loss to the property located at 3997 Beach Dr SE, Saint Petersburg, FL 33705. Typtap Insurance Company was afforded a complete opportunity to investigate the loss, but conducted a limited and inadequate investigation. As a result of this limited and inadequate investigation, driven by the desire of Typtap Insurance Company to avoid developing evidence that significant insurance proceeds are owed by it to its Insured, Typtap Insurance Company did not pay its Insured what the Insured is rightfully entitled to under the insurance policy. In addition to Typtap Insurance Company improperly investigating the claim, Typtap Insurance Company improperly interpreted its policy so that it could avoid paying insurance proceeds it owes under the policy. The combination of these acts combined to cause damage to the Insured by way of the Insured having to expend additional resources to collect insurance proceeds that are rightfully owed, loss of use of funds, and the corresponding damage caused by that loss of use of funds, and interest. Therefore, to cure the defects outlined in this Civil Remedy Notice, Typtap Insurance Company must pay the Insured's claim in full.

Comments

User Id		Date Added		Comment
claims@typtap.com		12-23-2024		This is TypTap Insurance Company’s (“TypTap”) response to the Civil Remedy Notice of Insurer Violations (“CRN”) filed on behalf of Anthony Shane Faullin (“Insured”). TypTap reviewed this CRN and conducted a thorough review of the subject claim (“claim”) and confirmed it handled the claim properly. Regarding an aspect of the claim, TypTap issued payment for it on the information available to TypTap and the circumstances at the time of such payment. 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. 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 claim, 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.

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