Filing Number: 796747
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| Filing Accepted: 12/13/2024 |
| Last/Business Name
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DOBZINSKI
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First Name |
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ADAM |
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| Street Address
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2451 PLEASANT DR. |
| City, State Zip
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LONGWOOD,
FL
32779
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| Email Address
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LL@WEKLAW.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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DOBZINSKI |
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First Name |
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ADAM |
| Policy # * |
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P000264205 |
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Claim #* |
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235495 |
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Attorney is Applicable
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| Last Name* |
LIEB
First Name *
LORA
Initial
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| Street Address* |
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800 E BROWARD BLVD #510 |
| City, State Zip* |
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FORT LAUDERDALE
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FLORIDA
33301
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| Email Address * |
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LL@WEKLAW.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):*
SHERRY CLARK
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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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Claim Denial
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Unfair Trade Practice
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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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| 624.155(1)(b)(3) |
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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.
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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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| 626.9541(1)(i)(3)(b) |
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Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
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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.
Insured Property Location 2451 PLEASANT DR, LONGWOOD, FL 32779 County: SEMINOLE
Section I – Property Coverages Limit Premium
Coverage A (Dwelling) $283,000 $6,271.00
Coverage B (Other Structures) $5,660 Included
HOMEOWNERS 3 - SPECIAL FORM
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 “residence premises.”
DEFINITIONS
5. "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."
6. "Property damage" means physical injury to, destruction of, or loss of use of tangible property.
10. “Hurricane loss” means any loss resulting from the peril of Windstorm caused by a hurricane during any period:
a. Beginning when a hurricane watch or hurricane warning is issued for any portion of Florida by the National Hurricane Center of the National Weather Service;
b. Remaining in effect for as long as hurricane conditions exist anywhere in the state of Florida; and
c. Ending 72 hours after any hurricane watch or hurricane warning has been discontinued for all counties of the state of Florida by the National Hurricane Center of the National Weather Service.
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.
f. Falling objects unless the roof or an outside wall of the building is first damaged by a falling object. Damage to the falling object itself is not covered.
g. Rain, snow, sleet, sand or dust to the interior of a building unless a covered peril first damages the building causing an opening in a roof or outside wall, door or window and the rain, snow, sleet, sand or dust enters through this opening. This exclusion applies unless the damage is caused during a “hurricane loss”;
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.
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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.
Prior to September 27, 2022, Security First Insurance Company (hereinafter “Security First”) sold an insurance policy, identified by policy number P000264205, to Gina and Adam Dobzinski for their home located at 2451 Pleasant Dr. Longwood, FL 32779 (hereinafter “Home”). Security First sold the Dobzinskis an H03 policy with broad coverages, including but not limited to coverage for wind damage. On or about September 27, 2022, while the subject policy was in full force and effect a hurricane caused substantial damage to the Home, which resulted in claim no. 235495 (hereinafter “Loss”).
After receiving prompt notice of the loss, Security First hired a field adjuster to inspect the home and photograph the property. As a result of the review, Security First issued its claim decision for the loss claiming that the property had been damaged from a prior hail loss and had not been repaired despite issuing the policy to the Dobzinskis and accepting premiums for this property due to their submission of repair documents to their insurance agent in 2016.
At the same time, Mr. and Mrs. Dobzinski, through public adjusting company Diamondback, investigated and adjusted the loss, determining a value of the Loss under Coverages A at $84,846.87.
Security First adjustment of the loss was not a fair or honest adjustment of the loss. Security First’s adjustment of the loss was intended to provide the illusion of a fair adjustment, to avoid full payment to Dobzinskis. Security First knows or should know that its adjustment of the Loss is not a fair or honest assessment of the Loss, yet Security First has refused to attempt to settle the Loss with Dobzinskis and their representatives. Security First 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, Security First failed to assign an unbiased adjusting team to handle the loss. Security First does not have appropriate standards in place to be able to investigate claims such as the Loss at the DobzinskiHome. Security First’s failure to have appropriate standards, led to the assignment of an inadequate inspection team, which ultimately led to Security First’s unfair and dishonest adjustment of the Loss.
In total, and as exhibited above, Security First has implemented a strategy and approach to the Loss that is unfair, and Security First is unfairly attempting to settle the Loss. In order to remedy the above referenced violations, Security First must promptly fairly and honestly assess or reassess the Loss so that it may engage in good faith settlement negotiations the Dobzinskis and their representatives.
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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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