Filing Number: 792841
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| Filing Accepted: 11/18/2024 |
| Last/Business Name
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DAVENPORT
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First Name |
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MARC & CYNTHIA |
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| Street Address
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10391 GYPSY AVE |
| City, State Zip
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WEEKI WACHEE,
FL
34613
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| Email Address
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WITHHELD |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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DAVENPORT |
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First Name |
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MARC & CYNTHIA |
| Policy # * |
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P004226391 |
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Claim #* |
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245054 |
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Attorney is Applicable
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| Last Name* |
MULLINAX
First Name *
MATTHEW
Initial
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| Street Address* |
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908 W HORATIO ST |
| City, State Zip* |
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TAMPA
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FL
33606
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| Email Address * |
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MATT@MAKRISMULLINAX.COM |
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| Insurer Type
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Authorized Insurer
Unauthorized Insurer
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| Insurer Name |
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| Insurer Name* |
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SECURITY FIRST INSURANCE COMPANY
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| Insurer Name* |
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| Street Address* |
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| City, State Zip* |
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,
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NAIC Company Code 10117 |
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| Name of individual responsible for violation (if any):*
UNKNOWN
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| Type of Insurance
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Residential Property & Casualty
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| Reason for Notice
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Non-renewal
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Other
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Violation of Fla. Stat. 627.4133
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Statutory provision(s) which the insurer allegedly violated.
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| 624.155(1)(b)(1) |
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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.
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| 626.9541(1)(i)(2) |
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A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy.
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| 626.9541(1)(i)(3)(a) |
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Failing to adopt and implement standards for the proper investigation of claims.
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
THE INSURING AGREEMENT: “AGREEMENT. IN RELIANCE ON THE INFORMATION YOU HAVE GIVEN US, WE AGREE TO PROVIDE THE INSURANCE COVERAGES INDICATED IN THE POLICY DECLARATIONS. IN RETURN, YOU MUST PAY THE PREMIUM WHEN DUE AND COMPLY WITH THE POLICY TERMS AND CONDITIONS AND INFORM US WITHIN 60 DAYS OF ANY CHANGE OF OWNERSHIP, TITLE, USE OR OCCUPANCY OF THE DESCRIBED LOCATION.”
THE NON-RENEWAL PROVISION OF THE POLICY LOCATED IN THE CONDITIONS SECTION OF THE POLICY.
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Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
A PRIOR CIVIL REMEDY NOTICE WAS FILED RELATED TO THIS CLAIM ON APRIL 18, 2024 AND ASSIGNED FILING NUMBER 754185. THIS NOTICE IS FILED FOR SEPARATE AND DISTINCT ISSUES, AND DOES NOT REALLEGE OR REOPEN THE ISSUES RAISED IN THE NOTICE NUMBERED 754185. THIS NOTICE IS BASED ON THE IMPROPER NON-RENEWAL OF THE POLICY BY SECURITY FIRST INSURANCE COMPANY (“SFIC”).
SFIC AGREED TO INSURE THE PROPERTY LOCATED AT 10391 GYPSY AVE, WEEKI WACHEE, FLORIDA 34613 (“INSURED PROPERTY”) IN FAVOR OF THE INSUREDS MARC DAVENPORT AND CYNTHIA DAVENPORT. THE POLICY OF INSURANCE BEGAN ON JULY 5, 2022.
ON OR ABOUT SEPTEMBER 28, 2022, THE INSURED PROPERTY SUFFERED DAMAGE. THE INSUREDS REPORTED THE DAMAGE TO SFIC AND SUBMITTED A CLAIM, WHICH SFIC ASSIGNED CLAIM NUMBER 245054. SFIC DETERMINED THAT THE PROPERTY WAS DAMAGED BY HURRICANE IAN, AND THAT THE DAMAGE WAS COVERED BY THE POLICY OF INSURANCE. SFIC DETERMINED THE COST TO REPAIR FELL BELOW THE POLICY’S APPLICABLE DEDUCTIBLE. THIS WAS COMMUNICATED BY LETTER FROM SFIC TO THE INSURED ON FEBRUARY 9, 2023.
THE INSUREDS DISPUTED THE CLAIM DETERMINATION AND RETAINED A PUBLIC ADJUSTER ON FEBRUARY 17, 2023. THE PUBLIC ADJUSTER NOTIFIED SFIC OF ITS RETENTION AND THE DISPUTE AS TO THE CLAIM ASSESSMENT FOR SCOPE AND PRICING OF THE DAMAGE.
IN RETALIATION, AND WITH FULL KNOWLEDGE THAT THE INSUREDS WERE OPENLY DISPUTING THE CLAIM DECISION, ON MARCH 1, 2023 SFIC ISSUED A NOTICE OF NON-RENEWAL FOR THE INSURANCE POLICY. SFIC DID THIS WITH FULL KNOWLEDGE THAT THE COVERED DAMAGE HAD NOT BEEN FULLY REPAIRED. THE NOTICE OF NON-RENEWAL WAS NOT SIGNED BY ANYONE AT SFIC SO IT IS UNKNOWN WHO AT SFIC HAS KNOWLEDGE FOR THE DECISION TO NON-RENEW.
IN MARCH 2023, THE PUBLIC ADJUSTER SUBMITTED A DETAILED ESTIMATE OUTLINING THE DISAGREEMENT. ON APRIL 11, 2023, A NOTICE OF INTENT TO LITGATE WAS SUBMITTED.
THE NON-RENEWAL BECAME EFFECTIVE JULY 5, 2023, AND ON THAT DATE SFIC REFUSED TO CONTINUE INSURING THE PROPERTY. AT THAT TIME, SFIC WAS FULLY AWARE THAT THE INSUREDS ACTIVELY DISPUTED THE CLAIM ADJUSTMENT AND SCOPE AND PRICING BY SFIC, AND SFIC WAS FULLY AWARE THAT THE COVERED DAMAGE HAD NOT BEEN FULLY REPAIRED DUE TO THE ONGOING DISPUTE.
BY NON-RENEWING THE POLICY AND REFUSING TO CONTINUE INSURING THE PROPERTY, SFIC VIOLATED FLORIDA STATUTE 627.4133 AND THE POLICY OF INSURANCE PROVISIONS RELATED TO “INSURING AGREEMENT” AND “NON-RENEWAL.”
FLORIDA STATUTE 627.4133 IS PUBLICLY AVAILABLE IN ITS ENTIRETY, BUT SUBSECTION (2)(E) READS AS FOLLOWS:
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627.4133 NOTICE OF CANCELLATION, NONRENEWAL, OR RENEWAL PREMIUM.—
(2) WITH RESPECT TO ANY PERSONAL LINES OR COMMERCIAL RESIDENTIAL PROPERTY INSURANCE POLICY, INCLUDING, BUT NOT LIMITED TO, ANY HOMEOWNER, MOBILE HOME OWNER, FARMOWNER, CONDOMINIUM ASSOCIATION, CONDOMINIUM UNIT OWNER, APARTMENT BUILDING, OR OTHER POLICY COVERING A RESIDENTIAL STRUCTURE OR ITS CONTENTS:
(E)1. AN AUTHORIZED INSURER MAY NOT CANCEL OR NONRENEW A PERSONAL RESIDENTIAL OR COMMERCIAL RESIDENTIAL PROPERTY INSURANCE POLICY COVERING A DWELLING OR RESIDENTIAL PROPERTY LOCATED IN THIS STATE:
A. FOR A PERIOD OF 90 DAYS AFTER THE DWELLING OR RESIDENTIAL PROPERTY HAS BEEN REPAIRED, IF SUCH PROPERTY HAS BEEN DAMAGED AS A RESULT OF A HURRICANE OR WIND LOSS THAT IS THE SUBJECT OF THE DECLARATION OF EMERGENCY PURSUANT TO S. 252.36 AND THE FILING OF AN ORDER BY THE COMMISSIONER OF INSURANCE REGULATION.
B. UNTIL THE EARLIER OF WHEN THE DWELLING OR RESIDENTIAL PROPERTY HAS BEEN REPAIRED OR 1 YEAR AFTER THE INSURER ISSUES THE FINAL CLAIM PAYMENT, IF SUCH PROPERTY WAS DAMAGED BY ANY COVERED PERIL AND SUB-SUBPARAGRAPH A. DOES NOT APPLY.
2. HOWEVER, AN INSURER OR AGENT MAY CANCEL OR NONRENEW SUCH A POLICY PRIOR TO THE REPAIR OF THE DWELLING OR RESIDENTIAL PROPERTY:
A. UPON 10 DAYS’ NOTICE FOR NONPAYMENT OF PREMIUM; OR
B. UPON 45 DAYS’ NOTICE:
(I) FOR A MATERIAL MISSTATEMENT OR FRAUD RELATED TO THE CLAIM;
(II) IF THE INSURER DETERMINES THAT THE INSURED HAS UNREASONABLY CAUSED A DELAY IN THE REPAIR OF THE DWELLING; OR
(III) IF THE INSURER HAS PAID POLICY LIMITS.
3. IF THE INSURER ELECTS TO NONRENEW A POLICY COVERING A PROPERTY THAT HAS BEEN DAMAGED, THE INSURER SHALL PROVIDE AT LEAST 90 DAYS’ NOTICE TO THE INSURED THAT THE INSURER INTENDS TO NONRENEW THE POLICY 90 DAYS AFTER THE DWELLING OR RESIDENTIAL PROPERTY HAS BEEN REPAIRED. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE INSURER FROM CANCELING OR NONRENEWING THE POLICY 90 DAYS AFTER THE REPAIRS ARE COMPLETE FOR THE SAME REASONS THE INSURER WOULD OTHERWISE HAVE CANCELED OR NONRENEWED THE POLICY BUT FOR THE LIMITATIONS OF SUBPARAGRAPH 1. THE FINANCIAL SERVICES COMMISSION MAY ADOPT RULES, AND THE COMMISSIONER OF INSURANCE REGULATION MAY ISSUE ORDERS, NECESSARY TO IMPLEMENT THIS PARAGRAPH.
4. THIS PARAGRAPH SHALL ALSO APPLY TO PERSONAL RESIDENTIAL AND COMMERCIAL RESIDENTIAL POLICIES COVERING PROPERTY THAT WAS DAMAGED AS THE RESULT OF HURRICANE IAN OR HURRICANE NICOLE.
5. FOR PURPOSES OF THIS PARAGRAPH:
A. A STRUCTURE IS DEEMED TO BE REPAIRED WHEN SUBSTANTIALLY COMPLETED AND RESTORED TO THE EXTENT THAT IT IS INSURABLE BY ANOTHER AUTHORIZED INSURER WRITING POLICIES IN THIS STATE.
B. THE TERM “INSURER” MEANS AN AUTHORIZED INSURER.
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UPON INFORMATION AND BELIEF, SFIC PERFORMS THE SUBJECT ACTIONS AS A BUSINESS PRACTICE, INCLUDING NON-RENEWING POLICIES OF INSURANCE IN RESPONSE TO CLAIMS SUBMITTED BY ITS INSUREDS AND WHILE THE CLAIMS REMAIN IN DISPUTE AND/OR WITH DAMAGE THAT HAS NOT BEEN FULLY REPAIRED. UPON INFORMATION AND BELIEF, THIS IS DONE TO CREATE THE FINANCIAL HARDSHIP OF NOT HAVING INSURANCE OR HAVING TO INCUR LENDER PLACED INSURANCE AT A HIGHER PREMIUM DUE TO THE INABILITY TO OBTAIN INSURANCE ELSEWHERE WITH A PENDING CLAIM AND DAMAGE, SO THAT THE INSURED WILL DROP THE DISPUTE WITH SFIC OR ACCEPT LESS THAN OWED FOR THE CLAIM IN ORDER TO CLOSE THE CLAIM AND GET INSURANCE ELSEWHERE.
IN THE EVENT SFIC BELIEVES THIS CIVIL REMEDY NOTICE LACKS INFORMATION NECESSARY FOR SFIC TO CURE THE DEFECTS OUTLINED IN THIS NOTICE, OR THAT IT LACKS REQUIRED SPECIFICS IN ANY WAY, SFIC SHOULD CONTACT THE FILER OF THIS NOTICE DIRECTLY AND ALERT THEM TO THAT AS SOON AS POSSIBLE, PRIOR TO ANY FORMAL RESPONSE.
THIS NOTICE IS FILED AND GIVEN TO SFIC TO PERFECT THE RIGHT TO PURSUE THE CIVIL REMEDY THAT SECTION 624.155 AUTHORIZES.
TO CURE THE DEFECTS OUTLINED IN THIS CIVIL REMEDY NOTICE, SFIC MUST:
(1). REINSTATE THE POLICY OF INSURANCE FOR THE INSURED’S HOME AND BEGIN INSURING THE HOME AGAIN.
A COPY OF THIS FORM SUBMITTED TO THE FDFS HAS BEEN PROVIDED TO THE FOLLOWING PARTIES PROVIDING THEM NOTICE OF THE FILING OF THE CIVIL REMEDY NOTICE:
SECURITY FIRST INSURANCE COMPANY
CARE OF: MATTHEW D. O'BRIEN, ESQUIRE
IN-HOUSE COUNSEL FOR SECURITY FIRST
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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.
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DFS-10-363
Rev. 10/14/2008
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