Civil Remedy Notice of Insurer Violations
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Filing Number:     791638
Filing Accepted:  11/12/2024
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Complainant
Last/Business Name *  
HOVIS   First Name   TAMELIA
Street Address * 560 WOODRUFF STREET
City, State Zip * NORTH FORT MYERS, FL 33903
Email Address * TAMELIALYNN2@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   HOVIS   First Name   TAMELIA
Policy # * 000141388601 Claim #* 0686549098
Attorney
Attorney is Applicable
Last Name* KLOTZMAN First Name * SCOTT Initial
Street Address* 2001 TYLER STREET, SUITE 5
City, State Zip* HOLLYWOOD , FLORIDA 33020
Email Address * PRELIT@SCOTTKLOTZMAN.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   CASTLE KEY INSURANCE COMPANY
NAIC Company Code 30511
 
Name of individual responsible for violation (if any):* JASON JOHNSON, KYLE PATRICK, JOHN BOGGS AND ALL ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY CASTLE KEY INSURANCE COMPANY RELATED TO THIS CLAIM.
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
Claim Denial
* 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)(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.

There are no policy provision specifically at issue or in dispute, the policy provides coverage resulting from Wind, but Castle Key Insurance Company has failed to extend coverage for repairs needed for the insured property.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Insurer issued an insurance policy bearing policy number 000141388601, which insured the property located at 560 Woodruff St, North Fort Myers, Florida 33903. The policy was in effect when the property sustained damage on or about September 28, 2022, when damage was caused by Hurricane Ian. Castle Key Insurance Company (“Insurer”) received notice of the claim for property damage resulting from Hurricane Ian, and related damages on or about September 28, 2022. The damage was reported to Insurer which assigned Claim Number 0686549098 to the claim and investigated the claim. Insurer failed to retain the experts needed to perform the inspection and needed to address the damage at issue and determine the repairs needed to restore the property. Insurer has been provided with documents establishing that the claim is covered, despite this being apparent from the condition of the property alone. Insurer has failed to extend coverage for payments owed and has refused to attempt to settle the claim with its insured. Insurer’s delay in issuing payment is causing and will cause the insured to sustain extra-contractual damages not covered by the property, including loss of use and enjoyment of the property and related damages, costs associated with hiring adjusters and experts, among other damages and these uninsured damages would not have occurred but for the Insurer ’s failure to timely issue payments owed. In this claim and as a business practice, Insurer fails to retain experts needed to investigate claims, ignores evidence establishing coverage and avoids covered repairs to attempt to avoid issuing payments owed pursuant to the insurance policy. Insurer can cure these violations by attempting to settle the claim in good faith and issuing payment for the remaining contractual damages owed. As Insurer is aware, issuing payment for contractual damages owed will preclude recovery of extra-contractual damages already incurred, and that will be incurred, and the contractual damages should immediately be paid and be paid within 60 days from the date of this notice. Due to applicable Florida Statutes, and the insurance policy’s payment provisions, the payment issued should also include interest. If insurer contends there is somehow more information needed that was not already provided, it should immediately advise the insured’s attorney what information is needed. Insurer has been provided with information establishing that the claim is covered but has failed to extend coverage for the claim. Insurer’s denial of the claim and refusal to issue payment is a breach of the insurance policy.
Comments
User Id Date Added Comment
cd046@allstate.com 01-13-2025 Please allow this correspondence to serve as Castle Key Insurance Company’s (hereinafter referred to as “Castle Key”) response to your Civil Remedy Notice of Insurer Violations filing number 791638. This response was uploaded to the DFS CRN website today’s date . Castle Key Insurance Company specifically denies the allegations set forth in the Civil Remedy Notice of Insurer Violations. At all time, Castle Key has acted in good faith. Castle Key wholly denies all Claim Delay, Unsatisfactory Settlement Offer and Unfair Trade Practice Claim Denial. . 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 624.155, 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. 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. Your CRN also fails to provide the Cure amount. This information is required to be included and be correct on the statutory Civil Remedy Notice form. Castle Key investigated this loss and coverage was extended. Castle Key sent a 3rd party vendor to the residence to reinspect for damages on our behalf. The inspection was completed on 11/21/2024. The estimate was sent to the Law offices of Scott Klotzman on 12/9/2024 with the request for drafting instructions to issue undisputed payment. A second copy of estimate sent on 12/20/2024 with another request for drafting instructions to issue undisputed payment. On 12/31/2024 Castle Key issued payment for the undisputed amount of $15,243.84 and interest payment of 2691.15 with no response from attorney. On 12/31/2024 an offer of settlement was made in exchange for a full release along with notification that undisputed payment and interest payment release. A message was left at the Law Offices of Scott Klotzman on 12/31/24 to discuss payment and settlement offer. On 1/7/2025 another email sent following up on the offer extended along with an attempted phone call. No response from attorney. On 1/13/2025 a message was left at the Law Offices of Scott Klotzman and a follow up email sent regarding offer that was extended. To date, no response from attorney has been made. . In response to your CRN and dispute over the covered damages, we are advising that that that there were additional damages that were addressed and have been attempting to reach an amicable settlement with no response from the Law Office of Scott Klotzman. . A Florida Mediation letter was also sent to the insured. . At all times, Castle Key Insurance Company has acted in good faith in investigating and handling the claim. Castle Key Insurance Company has not breached any duty owed to you. . Castle Key has paid all undisputed amounts due and owed under the policy. Castle Key has given attorney ample time to respond to attempted settlement and has advised attorney if no response will close file 30 days. . Castle Key is responding to the filed CRN within sixty days as required by Florida CRN statutes.
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