Civil Remedy Notice of Insurer Violations
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Filing Number:     797421
Filing Accepted:  12/18/2024
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Complainant
Last/Business Name *  
NASSIF   First Name   SAM
Street Address * 1354 IMPATIENS CT
City, State Zip * TRINITY, FL 34655
Email Address * ALPHATECH12571@ICLOUD.COM
Complainant Type: * Insured
Insured
Last/Business Name*   NASSIF   First Name   SAM
Policy # * 497779-5 Claim #* 941119
Attorney
Attorney is Applicable
Last Name* GHALY First Name * MICHAEL Initial
Street Address* 2454 N. MCMULLEN BOOTH RD STE 700
City, State Zip* CLEARWATER , FL 33759
Email Address * MICHAEL@GHALYINJURYLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.
NAIC Company Code 12944
 
Name of individual responsible for violation (if any):* LISA ROBINSON
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
* 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)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information.
626.9541(1)(i)(3)(f) Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
* 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 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;
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Complainant had a major covered property loss on March 24, 2024. Complainant was insured with Homeowners Choice Insurance Company at the time of the incident. The insured promptly reported the loss to Homeowners Choice Property & Casualty Insurance Company and complied with all post-loss obligations under the policy. To ensure an accurate assessment of the damage, the insured hired a licensed public adjuster, who prepared a detailed estimate reflecting the true cost of repairs. The estimate totaled $162,369.64. However, Homeowners Choice has unreasonably disregarded this estimate and instead offered an unsubstantiated, lowball settlement amount of $19,500, which is insufficient to cover the necessary repairs. The insurer has failed to conduct a proper and thorough investigation of the claim, failed to honor the policy terms, and has delayed and denied rightful payment without justification. Despite clear documentation of the damages and the public adjuster’s estimate, the insurer continues to act in bad faith by refusing to adequately compensate the insured. This conduct demonstrates a blatant disregard for the insured’s interests and constitutes bad faith in claims handling, as defined under Florida law. The insurer’s actions and omissions have caused the insured significant financial hardship, undue stress, and delay in restoring their property to its pre-loss condition. To cure this Civil Remedy Notice of Insurer Violation the insurer must pay $161,369.64 to the insured. Failure to cure these violations within the statutory 60-day period will result in further legal action, including a potential bad faith lawsuit pursuant to Section 624.155, Florida Statutes
Comments
User Id Date Added Comment
Legal@hcpci.com 02-14-2025 This is Homeowners Choice Property & Casualty Insurance Company’s (“HCPCI”) response to the Civil Remedy Notice of Insurer Violations (“CRN”) filed on behalf of Sam Nassif (“Insured”). HCPCI 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, HCPCI issued payments for it on the information available to HCPCI and the circumstances at the time of such payments. Ultimately, HCPCI handled the claim in accordance with the policy and all statutory and regulatory requirements. HCPCI denies each allegation of bad faith and improper conduct in the CRN. At all times, HCPCI acted in good faith, fairly and honestly toward the Insured and with due regard for the Insured’s interests. Furthermore, the CRN fails to adequately describe the alleged violations and fails to provide sufficient information to have created an opportunity for the alleged violations to be corrected (although no violations exist). 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; failed to offer a valid cure, 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). The CRN cannot serve as the basis of a bad-faith action against HCPCI. Finally, upon request by the Department of Financial Services, HCPCI will provide to the Department of Financial Services detailed correspondence HCPCI provided to the Insured regarding HCPCI’s obligations for the claim under the insurance contract and the facts of 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