Civil Remedy Notice of Insurer Violations
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Filing Number:     795971
Filing Accepted:  12/9/2024
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Complainant
Last/Business Name *  
HUANG AND CHEN   First Name   SHIMIN AND NAN
Street Address * 4662 ISLAND REEF DR
City, State Zip * WELLINGTON, FL 33449-83
Email Address * KELVIN70@YAHOO.COM
Complainant Type: * Insured
Insured
Last/Business Name*   HUANG AND CHEN   First Name   SHIMIN AND NAN
Policy # * KIN-DP-FL-121537536 Claim #* HO-4969680
Attorney
Attorney is Applicable
Last Name* ALTMAN First Name * ALEXIS Initial
Street Address* 925 SOUTH FEDERAL HIGHWAY, 7TH FLOOR
City, State Zip* BOCA RATON , FL 33432
Email Address * AALTMAN@KPATTORNEY.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   KIN INTERINSURANCE NETWORK
NAIC Company Code 16603
 
Name of individual responsible for violation (if any):* JAMIE MILLER
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
Unfair Trade Practice
Claim Delay
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.
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.
626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
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.

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

This notice is given in order to perfect the right to pursue the civil remedy authorized by section 624.155, Florida Statutes. SHIMIN HUANG AND NAN CHEN (“insured”) purchased an all-risk policy of insurance with Kin Insurance (“carrier”) to cover their home. The Insured made a claim after suffering damages from a storm. The loss was a direct result of a covered peril under the all-risk policy. Although it is clear that the damages are covered, the carrier has not attempted in good faith to settle the insured’s 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. Furthermore, the carrier is required to properly investigate and adjust claims and cannot place that burden upon the insured. 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…”). The insured put the carrier on notice of the damages to their property after a storm caused damages. The carrier requested a recorded statement and then wanted to reach out the to tenants. After the recorded statement on December 9, 2024, a coverage letter was sent out stating that the engineer determined that “the damage to the roof was not caused by a weather event but that the damage was caused by thermal expansion/contraction, Installation/maintenance deficiencies, and/or deferred maintenance.” This is a practice of Kin to send out engineers who have been paid millions of dollars to write up reports misrepresenting the cause of loss as falling under exclusions under the policy. Pursuant to Florida Statute §624.155(1)(b)(1), Kin has failed to settle the claim in good faith when it could and should have done so. The damage to the Insured’s property was clearly caused by a covered peril under the Policy, but Kin through its adjuster Jamie Miller has intentionally and wrongfully denied the roof, and callously delayed the claim process by requesting recorded statements and to speak to the tenants for no reason when it knew it would be denying the claim. Kin has not shown a good faith intention to pay what was owed but rather has denied the claim for financial gain and profit. Pursuant to Florida Statute §626.9541(1)(i)(3)(a), Kin has a duty to adopt and implement standards for the proper investigation of claims. The field adjuster sent out on behalf of Kin displayed a lack of knowledge, improper training, and/or intent to misrepresent damages. Pursuant to Florida Statute §626.9541(1)(i)(3)(c), Kin failed to acknowledge and act promptly upon communications with respect to claims as they ignored the request by Public Adjuster to provide a certified copy of Insured’s policy of insurance. Florida law mandates that insurers and adjusters do not mislead the Insured. Florida Insurance companies that fail to follow these Florida laws and regulations, designed to protect consumers, do not only breach their duties under the policy of insurance but do so in bad faith. In violation of Florida Statute §626.9541(1)(i)(3)(b), Kin intentionally misrepresented the available coverage under the policy. Kin intentionally misrepresented that the roof was damaged by the storm stating that the interior damages were. Furthermore, the Insured believes Kin repeatedly and as a standard business practice engages in this behavior to deprive its Insured of their rightful insurance proceeds when they experience a covered loss. Insured contends Kin has implemented a claims program and business practices that are tailored to increase its profits at the expense of benefits that are owed to its customers and that other Insured have been refused insurance proceeds due and owing under the policy in the same or similar circumstances, and some have been provided inadequate insurance monies under the same or similar facts or circumstances. This is wrongful conduct and directly violates the purpose of insurance coverage. Kin ’s wrongful conduct and omissions include, but are not limited to: claim delay, not conducting a full and prompt investigation, not treating the policyholder with good faith claims conduct, Kin g for ways to reduce recovery to Insured; Kin g for ways to delay full recovery to Insured; holding back and failing to pay portions of claim clearly owed; not adjusting the claim and evaluating the loss properly, promptly and fairly to provide full and prompt indemnity to the Insured; not training, supervising or managing adjusters properly so that prompt and full payments are made, but rather placing the company’s interests before the policyholder’s interests; establishing severity control initiatives and otherwise establishing a culture of not fully and promptly paying claims following losses; and failing to pay the full amount of the Insured’s damage despite knowing it must do so. Consequently, these actions have caused undo frustration and financial harm to the Insured. As a direct and proximate result of the poor handling of this Claim by Kin the Insured sustained extracontractual damages. Due to the bad faith actions of Kin, Insured was forced to engage the services of the Public Adjuster to attempt to recover the settlement to which they are rightfully entitled. 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 the insureds’ rights and a pattern and practice of bad faith claims practices to its insureds across the state of Florida. This notice is provided in order to perfect a right to pursue the civil remedy authorized by Florida Statute §624.155. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must: 1) Pay all amounts due and owing to the insured in the amount of $125,121.82 for indemnity benefits, minus any applicable deductible or prior payments; and 2) Pay the statutory interest on the amount of unpaid damages from the date of loss to the date payment is finally made. Should you have any questions upon receipt please contact the undersigned at 561-892-9988. Sincerely, Alexis Altman
Comments
User Id Date Added Comment
kristen.henderson@kin.com 02-05-2025 While Kin Interinsurance Network believes that the Civil Remedy Notice fails to comply with the requirements of Florida Statute §624.155 and Florida Case law, it has responded to the Notice in writing to Alexis Altman on February 5, 2025.
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