Filing Number: 797065
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| Filing Accepted: 12/16/2024 |
| Last/Business Name
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SKRZYPKOWSKI
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First Name |
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RYAN SKRZYPKOWSKI AND THERESA |
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| Street Address
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4710 ACORN CIRCLE |
| City, State Zip
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SARASOTA,
FL
34233
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| Email Address
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RYANSKRZYPKOWSKI@GMAIL.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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SKRZYPKOWSKI |
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First Name |
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RYAN SKRZYPKOWSKI AND THERESA |
| Policy # * |
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12-1075451-03 |
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Claim #* |
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12-3026580-24 |
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Attorney is Applicable
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| Last Name* |
ROSS
First Name *
VANESSA
Initial
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| Street Address* |
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2501 S. TAMIAMI TRAIL |
| City, State Zip* |
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SARASOTA
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FLORIDA
34239
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| Email Address * |
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ESERVICE@ROSSLEGALFL.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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TYPTAP 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 15885 |
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| Name of individual responsible for violation (if any):*
MARIVETH TANNER, IAN ELSTROM AND ALL OTHER ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY TYPTAP INSURANCE COMPANY INVOLVED IN THE CLAIM.
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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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Unsatisfactory Settlement Offer
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Claim Denial
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Claim Delay
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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)(c) |
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Failing to acknowledge and act promptly upon communications with respect to claims.
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| 626.9541(1)(i)(3)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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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.
Dwelling Coverage provisions
We cover:
a. The dwelling on the "residence premises" shown in the Declarations, including structures attached to
the dwelling; and
b. Materials and supplies located on or next to the "residence premises" used to construct, alter or
repair the dwelling or other structures on the "residence premises".
2. We do not cover land, including land on which the dwelling is located.
Perils Insured Against
We insure against direct physical loss to property described in Coverages A and B
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. Loss will be payable upon the earliest of the following:
1. 20 days after we receive your proof of loss and reach written agreement with you;
2. 60 days after we receive your proof of loss and:
a. There is an entry of a final judgment; or
b. There is a filing of an appraisal award or a mediation settlement with us;
Loss Settlement
In this Condition D., the terms "cost to repair or replace" and "replacement cost" do not include the increased
costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for
these increased costs is provided in E.11. Ordinance or Law under Section I – Property Coverages. Covered
property losses are settled as follows:
1. Property of the following types:
a. Personal property;
b. Awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not
attached to buildings;
c. Structures that are not buildings; and
d. Grave markers, including mausoleums;
at actual cash value at the time of loss but not more than the amount required to repair or replace.
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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.
In Florida, the work of adjusting insurance claims engages the public trust. TypTap Insurance Company (“INSURER”) has breached the public’s trust by its adjustment of Ryan Skrzypkowski and Theresa Skrzypkowski (“INSURED”) claim of loss. TypTap Insurance Company’s mailing address is 3001 SE Maricamp Rd, Ocala, FL 34471.
INSURER has failed to create and implement adequate guidelines for the proper investigation and evaluation of claims, claims handling, and for training and supervision of employees resulting in statutory violations as set forth above. INSURER has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the INSURED’S insurance claim for damages.
INSURER has failed to promptly settle the INSURED’S insurance claim when the obligation to settle the insurance claim had become reasonably clear. To date, notwithstanding the INSURED’S pleas otherwise, INSURER has continued to refuse to acknowledge its obligation to conduct a proper investigation, and to tender the full amount of insurance monies due and owing its INSURED under the policy.
This claim involves the INSUREDS’ property located at 4710 Acorn Circle, Sarasota, FL 34233 which sustained significant damage from wind on or about October 9, 2024. The INSUREDS immediately reported the loss to INSURER and allowed for inspection.
The INSUREDS suffered damage to the roof, exterior, and interior of the property. INSURER inspected the property and accepted coverage for the claim, however they estimated the loss to total just $42,384.12. The INSUREDS’ hurricane deductible is $21,420.00. After depreciation of $8,118.30 was applied, payment was issued for $12,845.82.
The INSUREDS retained Storm One Claims, LLC. to assist with determining the amount of damage sustained to the property. Storm One prepared an estimate in the amount of $379,146.61. The INSUREDS are owed additional insurance benefits in order to return the property to pre-loss condition.
Therefore, demand is hereby made as follows:
Estimate $379,146.61
Less Prior Payments $12,845.82
Less Deductible $21,420.00
TOTAL $344,880.79
The concept of insurance is that the insurer will investigate and grant timely and prompt indemnity or security against a contingent loss. Florida Statute §624.02 defines “insurance” as a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies. Inherent in that definition is the fact that payment must be made timely and promptly so that the INSURED may mitigate their damages and be put back into the position they were in prior to the loss as quickly as possible. INSURER has breached this duty.
The INSURED was, and still is, forced to expend out of pocket monies to submit her insurance claim, e.g., retaining an attorney and other experts to force INSURER to honor its obligations under the insurance policy and to pay all the insurance proceeds due and owing to them.
INSURER has refused and/or failed to tender all the insurance proceeds due and owing to the INSURED. INSURER’s refusal and/or failure to settle the insurance claim when under all circumstances it could have and should have done so had it acted fairly and honestly towards the INSURED is wrongful conduct. Furthermore, the INSURED contends that INSURER’s adjusters and/or representatives financially benefit from such wrongful conduct.
This notice is given in order to perfect the right to pursue the civil remedy authorized by Fla. Stat. §624.155.
Therefore, to cure the defects outlined in this Civil Remedy Notice, INSURER must:
(1) Create and implement adequate guidelines for the proper investigation and evaluation of claims and for the training and supervision of employees, which will avoid future statutory violations as set forth above, and prevent this from occurring in the future;
(2) INSURER must create and implement adequate guidelines for the proper investigation and evaluation of these types of claims and for the training and supervision of employees with regard to these claims to ensure that the claims handling procedure with regard to these types of losses are adequate to prevent other Insureds from being treated unfairly and wrongfully;
(3) INSURER must tender to the INSURED $344,880.79 as set forth above; and,
(4) INSURER must act fairly and honestly towards its INSURED and with due regard for her interests in attempting to settle its INSURED’S claim.
Attachments: Storm One Estimate, Proposed Complaint
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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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