Civil Remedy Notice of Insurer Violations
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Filing Number:     789826
Filing Accepted:  11/1/2024
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Complainant
Last/Business Name *  
HIS AND HERS ROOFING LLC   First Name  
Street Address * 515 18TH STREET
City, State Zip * ORLANDO, FL 32805
Email Address * JBAER@HHROOFS.COM
Complainant Type: * Third Party
Insured
Last/Business Name*   DZIADUS   First Name   TERRY AND DEBBY
Policy # * UNKNOWN Claim #* THE ASSIGNMENT OF BENEFITS HAS BEEN MARKED AS VALI
Attorney
Attorney is Applicable
Last Name* TORRES First Name * ALEXIS Initial
Street Address* 515 18TH STREET
City, State Zip* ORLANDO , FLORIDA 32805
Email Address * ALEXIS@HHROOFS.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   CASTLE KEY INDEMNITY COMPANY
NAIC Company Code 10835
 
Name of individual responsible for violation (if any):* UNKNOWN
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unfair Trade Practice
* Statutory provision(s) which the insurer allegedly violated.
 
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
626.9541(1)(i)(4) Failing to pay undisputed amounts of partial or full benefits owed under first-party property insurance policies within 60 days after an insurer receives notice of a residential property insurance claim, determines the amounts of partial or full benefits, and agrees to coverage, unless payment of the undisputed benefits is prevented by factors beyond the control of the insurer as defined in s. 627.70131(5).
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

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

November 01, 2024 Sent Via Email: claims@claims.allstate.com Castle Key Indemnity Company P.O. Box 660636, Dallas, TX 75266 RE: Complainant : His and Hers Roofing, LLC Insured : Terry and Debby Dziadus Policy Number : UNKNOWN Claim Number : 0763045036 Property Address : 1141 Alberta Street, Longwood, FL 32750 Dear Castle Key Indemnity Company: As discussed in greater detail in the notice, Carrier has not attempted in to settle the claim 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 their interests. Carrier is required to properly investigate and adjust claims and cannot place that burden upon the insured or complainant. This was made clear by the appellate court and the Florida Supreme Court in Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005)(“The Legislature has clearly chosen to impose on the insurance companies a duty to use good faith and fair dealing in processing and litigating the claims of their insureds…”). Carrier’s actions are in violation of Florida Statute §§ 626.9541(1)(i)(3)(c) 626.9541(1)(i)(3)(g), 626.9541(1)(i)(4) and 627.70131(7)(1)(a). Insureds home was damaged by a wind and hail storm on or about 05/21/2022. Carrier received insured’s claim upon receipt of a valid assignment of benefits in complainant’s favor following an inspection of the home wherein Complainant confirmed the damage was a result of this date of loss. Carrier then assigned a claim number to the loss and should have retained someone licensed to perform an inspection of the property to determine the extent of the damage. Complainant is unsure of the results of this inspection as carrier has yet to confirm what caused the damage to the home and if carrier believes the policy affords any coverage for the loss. The policy and Florida law, at the time of this claim, both require a carrier issue a coverage letter within 60 days from when the claim is first reported. Failing to do so is a breach of the policy and a violation of Florida law. Complainant requested a status on this required letter on September 17, 2024, but continues to be ignored. To date, carrier has failed to issue the statutorily required coverage determination following the completed inspection and adjustment of the loss. As a direct result, Complainant is unsure what carrier is pending on the claim, or if carrier is still investigating the loss. In fact, Carrier not failed to even provide a statutory status letter informing anyone involved in the claim of the reason behind Carrier’s delay. Carrier is not acting in good faith by failing to promptly acknowledge communications in relation to this claim in an effort to avoid communications with a roofing contractor and their counsel when a valid assignment of benefits is in effect. Carrier also shows a lack of a standard of good faith adjustment when it fails to even provide an answer as to the outcome of a claim within the required 60-day period, despite insured nor complainant creating any reason that carrier could not do so. All the aforementioned are part of what appears to be an ongoing pattern and practice of behavior of the carrier that it demonstrates a wanton and reckless regard for claimant’s rights and a pattern and practice of bad faith claims practices to its insureds across the state of Florida. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must: 1.) issue the statutorily required coverage determination letter to complainant dated prior to 60 days from when the claim was first reported. A copy of this letter and filed form submitted to the FDFS has been emailed as indicated above. Should you have any questions upon receipt of this filing, please do not hesitate to contact me at (407) 214-9305. We appreciate your attention to this matter. Sincerely, Alexis Torres, Esq. General Counsel for His and Hers Roofing, LLC Enclosed: Civil Remedy Notice Filing
Comments
User Id Date Added Comment
Carla.Allen@allstate.com 12-31-2024 Please allow this correspondence to serve as Castle Key Indemnity Company (hereafter, "Castle Key")’s initial response to your Civil Remedy Notice of Insurer Violations, filing number 789826. Castle Key Indemnity Company specifically denies the allegations set forth in the Civil Remedy Notice of Insurer Violations. At all time, Castle Key Indemnity Company has acted in good faith. Castle Key does not consider there to have been any manner of violation and questions the validity of the Notice as it fails to meet the requirements set forth in Section 626.9541, Florida Statutes and Florida law and thus fails to perfect the insured’s right to pursue civil remedies. The potential statutory violations and information submitted are nothing more than unsupported, baseless allegations. The CRN does not name or identify the specific person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in this notice as required. Castle Key notes the CRN fails to reference the specific policy language relevant to the alleged violations or set forth facts in support of each of the alleged violations. This information is required to be included and be correct on the statutory Civil Remedy Notice form. Unfortunately, Castle Key is unable to accept this demand and must reject the same at this time. The policyholder retained the services of a His and Hers Roofing LLC, and the contractor submitted an estimate that was unreasonable, excessive, inflated and overpriced. Castle Key has every right to disagree with submitted estimate. Castle Key investigated this loss and coverage was extended. The residence was inspected by a staff adjuster & undisputed payment issued for the dwelling. Castle Key believes their personnel prepared a fair and reasonable estimate based on local pricing and acceptable labor and material pricing and costs, which was agreed upon by our insured. At all times, Castle Key Indemnity Company has acted in good faith in investigating and handling the claim. Castle Key Indemnity Company has not breached any duty owed to you. Nothing herein constitutes, nor should it be construed as, a waiver of any of Castle Key’s rights of under its policy of insurance, nor is it the purpose of this letter to waive any of the policy’s terms and conditions. Further, no action or inaction by Castle Key should be construed as a waiver of any of its legal defenses, including but not limited to the right to be served with a compliant Notice. If you have additional documentation that you would like Castle Key to consider, please submit it to claims@claims.allstate.com. Be sure to include the claim number and policyholder name within the subject line of all email communications. If you have any questions, please contact Castle Key at 727-571-8227.
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