Civil Remedy Notice of Insurer Violations
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Filing Number:     795329
Filing Accepted:  12/4/2024
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Complainant
Last/Business Name *  
PALADINO   First Name   JAY
Street Address * 3521 SE 18TH AVE
City, State Zip * CAPE CORAL, FL 33904
Email Address * LL@WEKLAW.COM
Complainant Type: * Insured
Insured
Last/Business Name*   PALADINO   First Name   JAY
Policy # * 12-1089588-01 Claim #* 12-3007724-22
Attorney
Attorney is Applicable
Last Name* LIEB First Name * LORA Initial
Street Address* 800 E BROWARD BLVD #510
City, State Zip* FORT LAUDERDALE , FLORIDA 33301
Email Address * LL@WEKLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   TYPTAP INSURANCE COMPANY
NAIC Company Code 15885
 
Name of individual responsible for violation (if any):* KENNIA DESTIMA
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
* 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.
624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of 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.

We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy DEFINITIONS "Insured location" means: a. The "residence premises"; 7. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the policy period, in: a. "Bodily injury"; or b. "Property damage". 11. "Property damage" means physical injury to, destruction of, or loss of use of tangible property. SECTION I - PROPERTY COVERAGE COVERAGE A – Dwelling We cover: 1. The dwelling on the "residence premises" shown in the Declarations, including attached structures and attached wall-to-wall carpeting if damage to the dwelling is caused by a covered loss; ADDITIONAL COVERAGES COVERAGE A – Dwelling We cover: 1. The dwelling on the "residence premises" shown in the Declarations, including attached structures and attached wall-to-wall carpeting if damage to the dwelling is caused by a covered loss; SECTION I - PERILS INSURED AGAINST COVERAGE A – DWELLING and COVERAGE B – OTHER STRUCTURES We insure against risk of direct loss to property described in Coverages A and B only if that loss is a physical loss to property. SECTION I - CONDITIONS 10. Loss Payment. We will adjust all losses with you. We will pay you unless some other person is named in the policy or is legally entitled to receive payment.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Prior to September 28, 2022, TypTap Insurance Company (hereinafter “TypTap”) sold an insurance policy, identified by policy number 12-1089588-01, to John and Cheryl Paladino for their home located at 3521 SE 18th Ave, Cape Coral, FL 33904 (hereinafter “Home”). TypTap sold the Paladinos an H03 policy with broad coverages, including but not limited to coverage for wind damage. On or about September 28, 2022, while the subject policy was in full force and effect Hurricane Ian caused substantial damage to the Home, which resulted in claim no. 12-3007724-22 (hereinafter “Loss”). After receiving prompt notice of the loss, TypTap hired field adjusters to inspect the home and photograph the property. As a result of the review, TypTap issued claim decisions for the loss claiming that the property had minor damage that was reparable for only $14,155.12 despite having roof damage, window damage, lanai damage, and interior water damages from the storm. Over time the Paladinos have amassed an array of estimates for the various repairs needed for their property. Completed repairs have totaled $48,626.49 to date and outstanding repairs exceed $135,325 for the roof and window systems. To support their claim, the Paladinos have submitted an engineer report confirming these areas suffered damages as a result of the storm. Despite this, no additional money has been provided. TypTap adjustment of the loss was not a fair or honest adjustment of the loss. TypTap’s adjustment of the loss was intended to provide the illusion of a fair adjustment, to avoid full payment to the Paladinos. TypTap knows or should know that its adjustment of the Loss is not a fair or honest assessment of the Loss, yet TypTap has refused to attempt to settle the Loss with the Paladinos and tbeir representatives. TypTap has made the practice of denying and under valuing a claim in order to leverage more favorable claim settlements and to avoid having to fairly and honestly adjust and pay for losses. Further, TypTap failed to assign an unbiased adjusting team to handle the loss. TypTap does not have appropriate standards in place to be able to investigate claims such as the Loss at the Paladino Home. TypTap’s failure to have appropriate standards, led to the assignment of an inadequate inspection team, which ultimately led to TypTap’s unfair and dishonest adjustment of the Loss. In total, and as exhibited above, TypTap has implemented a strategy and approach to the Loss that is unfair, and TypTap is unfairly attempting to settle the Loss. In order to remedy the above referenced violations, TypTap must promptly fairly and honestly assess or reassess the Loss so that it may engage in good faith settlement negotiations with the Paladinos and their representatives.
Comments
User Id Date Added Comment
claims@typtap.com 01-30-2025 This is TypTap Insurance Company’s (“TypTap”) response to the Civil Remedy Notice of Insurer Violations (“CRN”) filed on behalf of Jay Paladino (“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 payments for it on the information available to TypTap and the circumstances at the time of such payments. 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. The Insured’s laundry list of inapplicable statutes is insufficient. Julien v. United Prop. & Cas. Ins. Co., 311 So. 3d 875 (Fla. 4th DCA 2021). 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.

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