Civil Remedy Notice of Insurer Violations
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Filing Number:     797803
Filing Accepted:  12/20/2024
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Complainant
Last/Business Name *  
TRIPP   First Name   JEREMY
Street Address * 199 SW 7TH TERRACE
City, State Zip * HALLANDALE BEACH, FL 33009
Email Address * JEREMYTRIPP@PM.ME
Complainant Type: * Insured
Insured
Last/Business Name*   TRIPP   First Name   JEREMY
Policy # * 647339 Claim #* 943231
Attorney
Attorney is Applicable
Last Name* FANTETTI First Name * KELLY Initial
Street Address* 109 S. EDISON AVENUE
City, State Zip* TAMPA , FLORIDA 33606
Email Address * KFANTETTI@STOCKHAMLAWGROUP.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):* JENNIFER SMITH, J.C. SOTO
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
Claim Delay
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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

J. 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; or 3. If payment is not denied, within 90 days after we receive notice of an initial, reopened or supplemental claim. However, this provision (J.3.) does not apply if factors beyond our control reasonably prevent such payment. A. Coverage A – Dwelling. 1. 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". C. Replacement Cost Loss Settlement Condition The following loss settlement condition applies to all property described in A. above: 1. We will pay no more than the least of the following amounts: a. Replacement cost at the time of loss without deduction for depreciation; b. The full cost of repair at the time of loss; c. The limit of liability that applies to Coverage C, if applicable; d. Any applicable special limits of liability stated in this policy; or e. For loss to any item described in A.2.a. – f. above, the limit of liability that applies to the item. 2. We will settle the loss as noted in Paragraph C.1. above whether or not actual repair or replacement is complete. All other provisions of this policy apply.
 
* 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. Homeowners Choice Property & Casualty Insurance Company (“HOMEOWNERS CHOICE) has breached the public’s trust by its adjustment of Jeremy Tripp’s (“Insured”) claim of loss. Homeowners Choice’s mailing address is 3802 Coconut Palm Drive, Tampa, FL 33619. HOMEOWNERS CHOICE 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. HOMEOWNERS CHOICE has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the Insured’s insurance claim for damages. HOMEOWNERS CHOICE 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, HOMEOWNERS CHOICE 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 to the Insured under the policy. The Insureds’ house was damaged by a water loss on August 30, 2024. The Insured has obtained a rebuild estimate of $60,121.29 from National Restoration, and a mold remediation estimate of $9,713.18 from National Restoration. On October 9, 2024, the Insured submitted a Proof of Loss to HOMEOWNERS CHOICE in the amount of $61,865.19 as follows: Whole Loss & Damage $69,834.47 Less Refundable Depreciation $6,969.28 Less Deductible $1,000.00 Amount Claimed $61,865.19 HOMEOWNERS CHOICE has made a small payment for the dwelling damage, but has failed to pay for damaged kitchen cabinets among other things that had been removed by the mold remediation company. Oddly enough, HOMEOWNERS CHOICE paid for the replacement of the damaged walls behind the cabinets though. The more pressing issue for the Insured is HOMEOWNERS CHOICE’s failure to reimburse the Insured for out-of-pocket ALE expenses in the amount of $15,064.09. The Insured is completely broke after having laid out every penny he could muster from friends and family to cover temporary living expenses. He depended on being reimbursed for these expenses by now in order to provide a Christmas for his kids. Instead, after 110 days since the date of loss, 88 days since submitting receipts for the first 6 weeks of rental receipts, 45 days since a reinspection, and 34 days since submitting receipts for the last 3 weeks of ALE, the Insured and his children find themselves homeless, and the Insured is unable to purchase gifts for his children. HOMEOWNERS CHOICE’s treatment of the Insured and his family is unconscionable. HOMEOWNERS CHOICE must immediately reimburse the Insured for his out-of-pocket ALE expenses and for the remaining damage to his home so that he can move in. 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 his damages and be put back into the position he was in prior to the loss as quickly as possible. HOMEOWNERS CHOICE has breached this duty. The Insured was, and still is, forced to expend out of pocket monies to submit the insurance claim, e.g., retaining an attorney and other experts to force the Insurer to honor its obligations under the insurance policy and to pay all the insurance proceeds due and owing to him. HOMEOWNERS CHOICE has refused and/or failed to tender all the insurance proceeds due and owing to the Insured. HOMEOWNERS CHOICE’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 HOMEOWNERS CHOICE’s adjusters and/or representatives financially benefit from such wrongful conduct. Therefore, to cure the defects outlined in this Civil Remedy Notice, HOMEOWNERS CHOICE must tender to the Insured the full amount of ALE incurred to date, the full cost of repair, plus interest. This notice is given in order to perfect the right to pursue the civil remedy authorized by Fla. Stat. §624.155.
Comments
User Id Date Added Comment
Legal@hcpci.com 02-17-2025 This is Homeowners Choice Property & Casualty Insurance Company’s (“HCPCI”) response to the Civil Remedy Notice of Insurer Violations (“CRN”) filed on behalf of Jeremy Tripp (“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.

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.




DFS-10-363
Rev. 10/14/2008