Civil Remedy Notice of Insurer Violations
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Filing Number:     798093
Filing Accepted:  12/23/2024
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Complainant
Last/Business Name *  
DAVID   First Name   MICHAEL
Street Address * 12211 WOODBEND COURT
City, State Zip * JACKSONVILLE, FL 32246
Email Address * LL@WEKLAW.COM
Complainant Type: * Insured
Insured
Last/Business Name*   DAVID   First Name   MICHAEL
Policy # * 40551426 Claim #* 01007485456
Attorney
Attorney is Applicable
Last Name* LIEB First Name * LORA Initial
Street Address* 800 E BROWARD BLVD #510
City, State Zip* FORT LAUDERDALE , FLORIDA 33301
Email Address * LL@WEKLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   HOMESITE INSURANCE COMPANY
NAIC Company Code 17221
 
Name of individual responsible for violation (if any):* RODD HELMER
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
* 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.

A copy of the policy has not been provided to date.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Prior to January 9, 2024, Homesite Insurance Company (hereinafter “Homesite”) sold an insurance policy, identified by policy number 40551426, to Michael David for his home located at 12211 Woodbend Court, Jacksonville, FL 32246 (hereinafter “Home”). Homesite sold Mr. David an H03 policy with broad coverages, including but not limited to coverage for wind damage. On or about January 9, 2024, while the subject policy was in full force and effect a severe thunderstorm caused substantial damage to the Home, which resulted in claim no. 01007485456 (hereinafter “Loss”). After receiving prompt notice of the loss, Homesite used an adjuster to inspect the home and photograph the property. As a result of the review, Homesite issued its claim decision for the loss claiming that the property showed signs of damage but that they only amounted to $3,443.87 for repairs. At the same time, Mr. David, through roofing company EcoRestore, investigated and adjusted the loss, determining a value of the Loss under Coverages A at $37,393.67. Homesite adjustment of the loss was not a fair or honest adjustment of the loss. Homesite’s adjustment of the loss was intended to provide the illusion of a fair adjustment, to avoid full payment to Mr. David. Homesite knows or should know that its adjustment of the Loss is not a fair or honest assessment of the Loss, yet Homesite has refused to attempt to settle the Loss with Mr. David and his representatives. Homesite has made the practice of denying and under valuing a claim in order to leverage more favorable claim settlements and to avoid having to fairly and honestly adjust and pay for losses. Further, Homesite failed to assign an unbiased adjusting team to handle the loss. Homesite does not have appropriate standards in place to be able to investigate claims such as the Loss at Mr. David’s Home. Homesite’s failure to have appropriate standards, led to the assignment of an inadequate inspection team, which ultimately led to Homesite’s unfair and dishonest adjustment of the Loss. In total, and as exhibited above, Homesite has implemented a strategy and approach to the Loss that is unfair, and Homesite is unfairly attempting to settle the Loss. In order to remedy the above referenced violations, Homesite must promptly fairly and honestly assess or reassess the Loss so that it may engage in good faith settlement negotiations with Mr. David and his representatives.
Comments
User Id Date Added Comment
tiyarollelaw@gmail.com 01-03-2025 LAW OFFICE OF REBECCA WOLTJER ALL ATTORNEYS AND STAFF ARE EMPLOYEES OF AMERICAN FAMILY INSURANCE CO., S.I. NOT A LEGAL PARTNERSHIP OR PROFESSIONAL CORPORATION PO BOX 77055 MADISON, WISCONSIN 53707 TELEPHONE: 800-692-6326 FACSIMILE: (844) 556-7209 Direct Dial No.: (305) 763-7321 EMAIL: tiya.rolle@amfam.com January 3, 2025 Michael David c/o Lora Lieb 800 East Broward Blvd, Suite 510 Fort Lauderdale, FL 33301 LL@WEKLAW.COM Re: Civil Remedy Notice Claim No.: 01-007-485456 Date of Loss: 01/09/2024 Insureds: Michael David Policy No.: 40551426 Dear Lora Lieb, We are in receipt of your Civil Remedy Notice of Insurer Violations (hereinafter “Notice”). Homesite Insurance Company responds to the substance of your Civil Remedy Notice of Insurer Violations as follows: This correspondence will serve as the response of Homesite Insurance Company (hereinafter “HOMESITE”) to the Notice, DFS number 798093. HOMESITE hereby responds to the factual assertions set forth in the Notice without waiving any rights under Florida law to object to the legal deficiencies and inadequacies of the Notice. In the Civil Remedy Notice, you have asserted the following as the reasons for filing the Notice – (1) Unsatisfactory Settlement Offer. You have also cited several sections of the Florida Statutes alleging, in part, that HOMESITE has acted in bad faith and failed to settle the claim promptly. These allegations are broad and unspecified, to which a specific and detailed response is impossible given the vagueness of the allegations. Notwithstanding, HOMESITE categorically denies these allegations both as to any general practice and with regard to this particular claim. Without waiving any rights under Florida law regarding the deficiencies and inadequacies of the Notice, HOMESITE hereby responds to the assertions set forth in the Notice as follows: Response to Reason for Notice You state that the reasons for the Notice are due to the following: (1) Unsatisfactory Settlement Offer. Homesite responds by stating that these allegations are without basis and are therefore denied. Homesite further states that the alleged 1/9/2024 loss was first reported to Homesite on April 22, 2024. On or about April 26, 2024, an inspection of the property was conducted. Thereafter, Homesite issued payment to the insured on or about April 29, 2024. Currently the issues between the parties are being litigated in the matter of Olanike and Michael David v. Homesite Insurance Company, pending in Duval County, Case No. 16-2024-CC-010238. Response to Statutory Provisions Allegedly Violated The Civil Remedy Notice statute requires that a complainant “indicate all statutory provisions alleged to have been violated,” and you have listed several Florida Statutes. These allegations are overbroad and non-specific, apparently based upon conjecture or speculation to which a response is impossible given the uncertainty of the allegations. Notwithstanding, HOMESITE categorically denies each alleged violations of statutes or rules asserted by you, both as to any general practice and with regard to this specific claim, as well. With respect to the statutes cited in this section of the Notice, HOMESITE denies having violated the referenced statutes and responds to each of the alleged violations as follows. §624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances, it could and should have been done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests. This allegation is denied. HOMESITE has both a duty and a right to fully investigate this loss, which it did. HOMESITE responds by stating that this allegation is without basis and therefore denied. Following the notice of loss, HOMESITE properly performed an inspection, evaluated the claim accordingly, and issued payment. §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. This allegation is denied. HOMESITE has both a duty and a right to fully investigate this loss, which it did. HOMESITE responds by stating that this allegation is without basis and therefore denied. Following the notice of loss, HOMESITE properly performed an inspection, evaluated the claim accordingly, and issued payment. §626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims. This allegation is denied. HOMESITE has both a duty and a right to fully investigate this loss, which it did. HOMESITE responds by stating that this allegation is without basis and therefore denied. Following the notice of loss, HOMESITE properly performed an inspection, evaluated the claim accordingly, and issued payment. The Notice Fails to Reference Specific Policy Language The statutory provision governing Civil Remedy Notices requires complainants to “[b]riefly reference the specific policy language that is relevant to the violation, if any.” §624.155(3)(b)4, Fla. Stat. The Notice filed on your behalf fails to cite to a policy provision providing the specific language relevant to the violation. Essentially, you cite no policy language that supports any of the allegations made against HOMESITE. A detailed and specific response to the cited policy language is impossible, given the vagueness of the allegations cited in the Notice. Notwithstanding, HOMESITE has both a duty and a right to fully investigate this loss, which it did. HOMESITE acted immediately upon Notice of the complainant’s claim. Response to Facts/Circumstances Cited as Giving Rise to Alleged Violation The governing statute requires Civil Remedy Notices to “state with specificity . . . [t]he facts and circumstances giving rise to the violation.” Fla. Stat. §624.155(3)(b)2. The Notice contains a section requiring the following: “To enable the insurer to investigate and resolve your claim, describe the facts and circumstances giving rise to the insurer’s violation as you understand them at this time.” However, the Notice lists alleged violations that are vague, overbroad and unsubstantiated that HOMESITE is precluded from being able to respond in any specific manner. Nevertheless, HOMESITE asserts that all actions that have been taken in responding to your claim have been performed properly, in good faith and for the purpose of reaching a fair and appropriate claim decision. HOMESITE therefore denies all allegations set forth as the “facts and circumstances giving rise to the violations” in the Notice. HOMESITE denies it has engaged in bad faith conduct in this matter. HOMESITE denies any undue delay in adjusting the claim. HOMESITE promptly and timely responded to the loss Notice and report of claim, retained an adjuster to assess the damages, and promptly began its investigation of the claim. HOMESITE denies any allegation that it did not adopt or implement standards for proper investigation of the claim. HOMESITE stands by its adjustment and investigative practices generally and the adjustment and investigation of this claim specifically. HOMESITE has acted properly, promptly and in accordance with the terms of the policy of insurance and applicable law in the investigation of this claim. HOMESITE asserts that all actions taken have been made in good faith and for the purpose of fair, equitable and timely resolution of this matter. HOMESITE has acted appropriately at all times regarding the handling of this claim. HOMESITE has not violated any applicable statutory provisions in relation to this claim and expressly denies all of the allegations set forth as the “facts and circumstances giving rise to the violations.” Conclusion HOMESITE promptly investigated the claim, and contrary to the allegations in the Notice, the facts show that HOMESITE has consistently complied with all legal and professional standards for the investigation and adjustment of this claim. HOMESITE investigated and evaluated your claim pursuant to the policy of insurance and subject to the policy limitations, exclusions, forms and endorsements applicable to the policy and in accordance with Florida law. Notwithstanding the deficiencies in the Notice, HOMESITE denies it violated the statutes cited in the Notice. HOMESITE hereby denies each and every allegation contained in the Notice, either explicitly or implicitly, and denies any wrongdoing in the handling of the subject claim. HOMESITE has acted fairly and with due diligence throughout the entire investigation and handling of this claim. To the extent that this response does not fully address and respond to the allegations set forth in the Notice, such deficiency is the direct result of the lack of specificity and the overall vague nature of the allegations contained therein. Contrary to the allegations in the Notice, HOMESITE has fully complied with its obligations under Florida Statutes and the policy of insurance with regard to the investigation and adjustment of this claim. HOMESITE categorically denies all allegations contained in the Notice. In sum, HOMESITE has evaluated this claim in good faith and all allegations of violation are statutorily deficient and without merit. I trust that the foregoing, without waiver of arguments regarding the lack of validity of the Civil Remedy Notice of Insurer Violations, adequately addresses any concerns that the insureds may have regarding this matter. Please do not hesitate to contact the undersigned if you require more information. Respectfully submitted, /s/ Tiya Rolle Tiya Rolle, Esq.
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