Filing Number: 797506
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| Filing Accepted: 12/19/2024 |
| Last/Business Name
*
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MENDOZA
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First Name |
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MIGUEL |
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| Street Address
*
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1139 TIMBERBEND CIRCLE |
| City, State Zip
*
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ORLANDO,
FL
32824
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| Email Address
*
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DAVID.TERRY@THEKRFIRM.COM |
| Complainant Type:
*
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Insured |
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| Last/Business Name* |
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MENDOZA |
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First Name |
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MIGUEL |
| Policy # * |
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0760158430 |
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Claim #* |
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7006891755-1-1 |
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Attorney is Applicable
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| Last Name* |
TERRY, JR.
First Name *
DAVID
Initial
R.
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| Street Address* |
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978 DOUGLAS AVENUE, SUITE 107 |
| City, State Zip* |
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ALTAMONTE SPRINGS
,
FLORIDA
32714
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| Email Address * |
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DAVID.TERRY@THEKRFIRM.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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TRUCK INSURANCE EXCHANGE
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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 21709 |
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| Name of individual responsible for violation (if any):*
UNKNOWN REPRESENTATIVE(S) FROM THE UNDERWRITING DEPARTMENT
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| Type of Insurance
*
Residential Property & Casualty
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| Reason for Notice
*
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Non-renewal
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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)(o)(11) |
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No insurer shall cancel or issue a non-renewal notice on any insurance policy or contract without complying with any applicable cancellation or non-renewal provision required under the Florida Insurance Code.
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| 626.9541(1)(x)(6) |
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Refusal to insure, or continue to insure, any individual or risk solely because of the fact that the insured or applicant had been previously refused insurance coverage by any insurer.
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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.
N/A, as this Civil Remedy Notice of Insurer Violations pertains to a nonrenewal violation.
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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.
MENDOZA, MIGUEL V. TRUCK INSURANCE EXCHANGE, Case No. 2024-CA-009342-O, Claim #: 7006891755-1-1, DOL: 9/28/2022
Miguel Mendoza is the owner of a property insured with an all-risks policy issued by Truck Insurance Exchange (hereinafter “Truck”). The insured property is located at 1139 Timberbend Circle, Orlando, Florida 32824.
On or about September 28, 2022, Hurricane Ian caused extensive damage to Mr. Mendoza’s property. Truck, however, grossly undervalued Mr. Mendoza’s claim and failed to conduct a reasonable investigation based upon the available information. Truck misrepresented pertinent policy provisions and facts, and it did not act fairly and honestly with Mr. Mendoza in due regard for his interests. Truck also failed to adopt and implement standards for the proper investigation of this claim. This claim handling has become a common business practice for Truck. As a result, Mr. Mendoza had no choice but to retain the undersigned counsel and file a lawsuit against Truck.
Truck has since issued a Notice of Non-Renewal, alleging that Mr. Mendoza’s policy will expire on January 12, 2025. Despite there being a lawsuit pending as to hurricane-related damages to Mr. Mendoza’s home that took place on or about September 28, 2022, the reason provided in the Notice of Non-Renewal is “We are no longer writing this type of policy in Florida.” The aforementioned lawsuit means that this claim is open and pending, and Mr. Mendoza will run into great difficulty getting new insurance on his home. Because Truck underpaid Mr. Mendoza for repairs for this claim, Truck has effectively placed Mr. Mendoza in an unfair quandary, and Section 627.4133(3), Florida Statutes, was specifically written to prevent this scenario from occurring.
Truck can avoid a lawsuit for bad faith for this issue by immediately lifting the Notice of Non-Renewal and reinstating insurance on Mr. Mendoza’s property.
David R. Terry, Jr., Esq.
Kuhn Raslavich, P.A.
David.Terry@theKRfirm.com
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*
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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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