Civil Remedy Notice of Insurer Violations
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Filing Number:     797122
Filing Accepted:  12/17/2024
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Complainant
Last/Business Name *  
WICKS   First Name   MICHAEL
Street Address * 707 WISCONSIN AVENUE
City, State Zip * SAINT CLOUD, FL 34769
Email Address * MICWC7@YAHOO.COM
Complainant Type: * Insured
Insured
Last/Business Name*   WICKS   First Name   MICHAEL
Policy # * 0766299332 Claim #* 7008058395-1
Attorney
Attorney is Applicable
Last Name* FERNANDEZ First Name * NATALIE Initial
Street Address* 333 SE 2ND AVE, SUITE 2000
City, State Zip* MIAMI , FL 33131
Email Address * NFERNANDEZ@DKLAWFL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   TRUCK INSURANCE EXCHANGE
NAIC Company Code 21709
 
Name of individual responsible for violation (if any):* ATTN: CLAIMS DEPARTMENT AND/OR HORACE JOHNSON
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
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.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
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.

These actions from the carrier as set forth above violate the following Florida Statutes: 626.9541(1)(i)(3)(d), Denying claims without conducting reasonable investigations based upon available information; 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; 626.9541(1)(i)(3)(a), Failing to adopt and implement standards for the proper investigation of claims. The Carrier’s actions set forth above also violated the following policy provisions: Section I- Perils Insured Against, subsection 1, providing coverage for direct loss to property unless the damage was caused solely by an excluded or excepted cause of loss; and the loss payment provision under Section I- Conditions requiring payment of a claim within 90 days.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

December 17th, 2024, Sent Via U.S. Mail & Email Truck Insurance Exchange (Attn: Claims department and/or Horace Johnson) PO BOX 268994 Oklahoma City, OK 73126 myclaim@farmersinsurance.com 800-435-7764 RE: Insured(s) : Michael Wicks (“insured(s)”) Policy # : 0766299332 Claim # : 7008058395-1 Property Address : 707 Wisconsin Avenue, Saint Cloud, FL 34769 Insured(s) Email : micwc7@yahoo.com Dear Truck Insurance Exchange, (“carrier”): Please find enclosed the civil remedy notice filed for the above referenced claim. As discussed in greater detail in the notice, the carrier has not attempted in good faith to settle the insureds’ claim when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insureds and with due regard for their interests. The carrier is required to properly investigate and adjust claims and cannot place that burden upon the insureds. The carrier was put on notice of the insureds’ claim that occurred on 06/06/2024. After being put on such notice, the carrier initially sent a representative to inspect the property. It is believed the representative initially sent to the property was unqualified or lacked the necessary training to determine the cause of the damages observed during the inspection. It is also believed that the representative initially sent to the property was unqualified or lacked the necessary training to determine the amount of damages sustained as a result of the loss. It is upon information and belief that the carrier’s initial representative observed widespread wind/hail damages to the property. The initial representative was unable to rule out wind/hail as the cause of the damages observed during the inspection of the property. After the cursory inspection of the property, the carrier sent a coverage letter to the insured. The coverage letter provided by the carrier advised the insured there was no coverage for the loss. The policy exclusions/reasons for not extending coverage cited to by the carrier are not supported by the information known to the carrier or the representative that inspected the property at the time the coverage decision was made for the loss. The carrier and its representative lacked necessary information needed to support the incorrect conclusions regarding the cause of the damages to the property. The carrier and its representative relied on a boilerplate exclusion that were not supported by the facts of the loss tin order to deny the claim. It is clear by the language of the carrier’s denial letter that it did not determine what caused the damages observed at the property. The carrier just included various exclusions under the policy. The carrier inspected the property with a representative that was not qualified to determine what caused the damages to the property. After this cursory inspection, the carrier issued its denial letter. The carrier also did not value or evaluate the amount of damages observed to the property. This shows the carrier did not adjust the loss with the insured. The carrier engages in this practice of incorrectly denying claims with such regularity and frequency as to indicate that it is a general business practice of this carrier, in reckless disregard for the rights of the insured. The carrier routinely relies on unsupported conclusions to deny claims based on exclusions under the policy that do not apply to the facts of the loss at the time the carrier issued its coverage decision. The carrier denied the claim without conducting a reasonable investigation and failed to properly adjust the loss. The carrier’s actions have severely delayed the resolution of this claim. Rather than inspecting the property and evaluating the damage in a prudent manner or making any good-faith effort to investigate the claim, the carrier incorrectly denied the claim. This investigation by the carrier is in direct violation of the statutory requirement for carriers to promptly and properly investigate all claims. These actions from the carrier as set forth above violate the following Florida Statutes: 626.9541(1)(i)(3)(d), Denying claims without conducting reasonable investigations based upon available information; 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; 626.9541(1)(i)(3)(a), Failing to adopt and implement standards for the proper investigation of claims. The Carrier’s actions set forth above also violated the following policy provisions: Section I- Perils Insured Against, subsection 1, providing coverage for direct loss to property unless the damage was caused solely by an excluded or excepted cause of loss; and the loss payment provision under Section I- Conditions requiring payment of a claim within 90 days. The carrier has mishandled the claim in a classic textbook bad-faith claims handling practice by stonewalling, stalling, and failing to adjust and properly cover the claim by retaining outcome-oriented agents that did not evaluate the loss, coverage, or information objectively. Had the carrier taken the time to properly investigate this claim, reviewed the readily available guidelines, or sent qualified unbiased people out to the property to investigate, the insured would not be in this situation. It is clear that the carrier is not treating the insured with good faith claims conduct; failing to pay a claim clearly owed and acknowledged in writing; not adjusting the claim and evaluating the loss properly, promptly and fairly to provide full and prompt indemnity to the insured; failing to implement proper standards for the adjustment and investigation of claims; not training, supervising or managing adjusters properly so that prompt and full payments are made, but rather placing the company’s interests before the insured’s interests; refusing to cover the claim and pay the full amount owed to the insured despite the fact that the damages are covered under the policy; looking for ways to delay full recovery or any recovery to the insured; and refusing to provide coverage for the insured’s loss in a timely manner. The carrier engages in this practice of attempting to delay and deny claims in order to maximize the carrier’s profit margins with such regularity and frequency as to indicate that it is a general business practice of this carrier, in reckless disregard for the rights of the insured. It is clear that the carrier is not treating the insured with good faith claims conduct. 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 disregard for the insureds’ rights and a pattern and practice of bad faith claims practices to its insureds across the state of Florida. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must: 1.) Pay the complete covered loss in the amount of $31,523.76; 2.) Pay the Insureds’ attorneys’ fees and costs as they have been forced to retain counsel; 3.) Pay the statutory interest on the amount of unpaid damages from the date of loss to the date payment is finally made. A copy of this letter and filed form submitted to the FDFS has been printed out and mailed. Please do not hesitate to contact the undersigned if you have any questions or concerns. Sincerely, Natalie Fernandez, Esq. Attorneys at Law Enclosed: Civil Remedy Filing
Comments
User Id Date Added Comment
cheryl.perez@farmersinsurance.com 01-29-2025 January 29, 2025 Via E-Mail Dennis Kessler PLLC 333 SE 2nd Ave, Suite 2000 Miami, FL 33131-2185 Delivered by email to: nfernandez@dklawfl.com RE: Michael Wicks Claim No.: 7008058395-1 Dear Natalie Fernandez: This correspondence is Truck Insurance Exchange’s (“Truck”) response to the Civil Remedy Notice of Insurer Violation No. 797122 filed on behalf of Complainant Michael Wicks on December 17, 2024. Complainant alleges that Truck violated various subsections within Sections 624.155 and 626.9541, Florida Statutes, pertaining to Claim No. 7008058395-1 under an insurance policy issued by Truck to Complainant. Truck welcomes the opportunity to respond to the Notice’s allegations. On the merits, Truck avers it handled Complainant’s claim correctly, fairly, in good faith and with due regard for their interests under Complainant’s policy. A review of our records shows the public adjuster, Storm One Claims, LLC, reported this loss on August 30, 2024, damage to the Complainant’s property as a result of wind / hail on June 6, 2024. Despite Complainant’s over two months delay in reporting the loss, Truck conducted a prompt and thorough investigation into this claim. We immediately made contact to gather information and schedule the inspection. In addition, we acknowledged the letter of representation received from Storm One Claims, LLC. Truck’s claim representative completed the inspection as scheduled on September 3, 2024 in the presence of our insured and a representative from His and Hers Roofing. We found wear and tear, deterioration and existing damage. Because the damage we observed is excluded under the policy, Truck denied Complainant’s claim on September 4, 2024. On September 5, 2024 we received an estimate and photo documentation from the public adjuster. We reviewed the documentation and responded on September 6, 2024 advising our position on coverage and the claim remains unchanged. We subsequently provided the requested certified policy to Storm One Claims, LLC on September 19, 2024. Complainant has failed to provide any evidence to support their assertion that Truck failed to properly adjust this claim. The only fact that Complainant alleges to support their allegations that Truck violated Florida law and handled Complainant’s claim in bad faith is that Truck’s adjustment of the claim did not result in payment of Complainant’s exorbitant demand. Truck’s policy only covers accidental direct physical loss or damage to the property that is not otherwise excluded, which is further limited by the deductible, conditions, limits, and other terms of the policy. In accordance with these terms, Truck properly adjusted this claim as outlined above. Therefore, contrary to Complainant’s contention, Truck’s coverage determination was made in good faith. Truck denies any breach of any statutory or contractual duties in the handling of Complainant’s claim. While this response is meant to be comprehensive, Truck’s response is based on the limited information provided in the Notice filed by Complainant. Also, this letter or any act or failure to act on the part of Truck or any agent or representative of Truck should not be construed as a waiver of any rights or defenses, including but not limited to proper notice and service, available to it by contract or at law as all such right and defenses are hereby specially reserved. We trust that this response addresses the allegations raised in the Notice. Please contact us if you have any questions or should you wish to discuss this matter further. Sincerely, Cheryl Perez, Company Employee Adjuster General Claims Adjuster (913) 274-0230 Truck Insurance Exchange
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