Civil Remedy Notice of Insurer Violations
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Filing Number:     800498
Filing Accepted:  1/10/2025
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Complainant
Last/Business Name *  
SIDES   First Name   RUTH S.
Street Address * 11844 LAKE MINNEOLA SHORES
City, State Zip * MINNEOLA, FL 34715
Email Address * STEVEN@PLG.LAWYER
Complainant Type: * Insured
Insured
Last/Business Name*   SIDES   First Name   RUTH S.
Policy # * 80-CN-Q606-8 Claim #* 59-69C6-73W
Attorney
Attorney is Applicable
Last Name* HOFFMAN First Name * STEVEN Initial
Street Address* 1790 HIGHWAY A1A, SUITE 209
City, State Zip* SATELLITE BEACH , FL 32937
Email Address * STEVEN@PLG.LAWYER
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   STATE FARM FLORIDA INSURANCE COMPANY
NAIC Company Code 10739
 
Name of individual responsible for violation (if any):* STATE FARM FLORIDA INSURANCE COMPANY’S ADJUSTERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, AND/OR ENGINEERS AND CONTRACTORS WHO HANDLED THE CLAIM, SPECIFICALLY THE DESK ADJUSTER.
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Cancellation
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.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
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)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
626.9541(1)(o)(11) 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

The Policy language relevant to the violations includes all applicable loss payment, duties after loss, and coverage provisions of Policy Number believed to be 80-CN-Q606-8, including the declarations page and all endorsements to the Policy.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Claim #59-69C6-73W; DOL: April 25, 2023 Ruth S. Sides (“Insured”) is the owners of a property with a policy of insurance issued by State Farm Florida Insurance Company (“Carrier”). The Insured’s residence is located at 11844 Lake Minneola Shores, Minneola, FL 34715 (the “Property”). On April 25, 2023, a wind loss caused extensive damage to the Property. The Insured timely reported an insurance claim for this damage to the Carrier and fully cooperated with all requests for inspection and information. Insured provided all requested documentation and complied with all post loss policy conditions reasonably and timely requested. The Insured obtained representation from a public adjuster and an estimate for repair of dwelling and other structures for $89,362.52, with supporting documentation and photographs. Upon reporting the loss, the Carrier assigned a field adjuster who advised the Carrier they did not observe any wind or hail damage and issued a denial letter. The Insured requested a copy of the Carrier’s estimate of damages, but said estimate was never provided. On or about January 5, 2024, the Insured received a letter from the Carrier’s underwriting department requesting she perform the following activities around the Property or her insurance coverage would be cancelled: • Remove inoperable untagged vehicle • Clean around home • Repair or replace porch roof • Attention to the pool The Insured performed the requested activities and provided proof to the Carrier that each item and been resolved. The Carrier never responded to the Insured, nor did they acknowledge receipt of any of the proof and the Carrier is still threatening to cancel the Insured’s insurance coverage. Upon information and belief, this is retaliation by the Carrier against the Insured for filing a claim and filing a lawsuit, which is in violation of Florida law. Before sending the non-renewal letter, the Carrier inspected the roof at the Property and upon noticing damage, failed to notify the Insured of said damage. Failure to act fairly and honestly toward the Insured and with due regard for her interests. Section 624.02, Florida Statutes, defines insurance as a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit based on determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that insureds may mitigate their damages and be put back into the position they were in prior to the loss as quickly as possible. The Carrier has breached this duty by refusing to properly and timely adjust the loss. The Carrier has more than enough information and is still refusing to accept full coverage for this claim. This continued and repeated reckless claim delay, unfair claim handling, failure to communicate, and denial of full coverage will result in a significant punitive damage award. The Carrier can avoid a lawsuit for bad faith by immediately accepting full coverage under the subject insurance policy and by paying the Insured $82,070.52, minus deductible. Further, the Carrier should pay the interest accrued from notice of the claim until the date that the Carrier pays $82,070.52, minus deductible, per Section 627.70131 Florida Statutes.
Comments
User Id Date Added Comment
steven@plg.lawyer 04-09-2025 Due to full settlement agreement that the parties have reached, this Civil Remedy Notice of Insured Violations is hereby withdrawn.
rpero@simonreedlaw.com 03-11-2025 March 11, 2025 Via Email to: Steven@plg.lawyer Natalie@plg.lawyer Steven Hoffman, Esq. 1790 Highway A1A, Suite 209 Satellite Beach, FL 32937 Re: Complainant: Ruth S. Sides Insured: Ruth S. Sides Date of Loss: April 25, 2023 Policy No.: 80-CN-Q606-8 Claim No.: 59-69C6-73W Property Address: 11844 Lake Minneola Shores, Minneola, FL 34715 Filing No.: 800498 Notice Accepted: January 10, 2025 Dear Mr. Hoffman: This office represents State Farm Florida Insurance Company (“State Farm”) with regard to the above-referenced matter. Please accept this letter as State Farm’s response to the Civil Remedy Notice of Insurer Violation dated January 10, 2025 (the “CRN”) filed by you on behalf of Ruth S. Sides (the “Complainant”). State Farm has filed a copy of this response on the Department of Financial Services website. The CRN sets forth insufficient facts and factually incorrect information to support that a violation has occurred. The CRN is therefore noncompliant with Florida Statute §624.155. The Civil Remedy Statute requires that a civil remedy notice provide the insurer with notice of the circumstances giving rise to the violation so that the insurer has an opportunity to cure any deficiencies during the 60-day cure period. Talat Enterprises Inc. v. Aetna Casualty & Surety Co., 753 So. 2d 1278 (Fla. 2000). However, the Complainant’s CRN contains only general unspecific and unsupported allegations of violations and deliberately misstates and omits pertinent facts of this claim and as a result, the notice does not comply with the specificity requirement under the statute. Julien v. United Prop. & Cas. Ins. Co., 311 So.3d 875 (Fla.4th DCA 2021). The CRN states that State Farm can “avoid a lawsuit for bad faith by immediately accepting full coverage under the subject insurance policy and by paying the Insured $82,070.52, minus deductible” plus interest back to the initial notice of the claim. State Farm denies the allegations contained in the CRN filed in this matter and finds them to be without merit. Without waiving its objections to the deficiencies of the instant CRN, State Farm provides herein a brief summary in response to the CRN setting forth facts which specifically contradict the allegations contained in the CRN and show that a CRN is unwarranted. On June 11, 2024, the Complainant reported storm damage that allegedly occurred nearly one year earlier, on June 17, 2023. State Farm inspected the Complainant’s property which exhibited signs of severe neglect including rot and significant overgrowth of vegetation on the pool enclosure and roof. State Farm’s inspection also revealed directional wind damage on multiple slopes of the Complainant’s roof which was consistent with having been caused by multiple historical weather events with various dates of loss over a period of time. Due to the Complainant’s delay in reporting the damage, State Farm was unable to determine when the damage occurred and to what extent the damages were attributable to each event. Additionally, the interior damage reported by the Complainant was related to a previous claim reported by the Complainant on October 18, 2021. On July 25, 2024, State Farm notified the Complainant that State Farm was not able to extend coverage because State Farm’s ability to timely and properly investigate and evaluate the reported loss was impeded and hindered by the Complainant’s delay in providing timely notice to State Farm. The CRN further alleges State Farm retaliated against the Complainant by requiring her to address areas of concern on her severely neglected property or risk nonrenewal. State Farm denies that it retaliated against the Complainant in any way. Indeed, based upon the allegations in the CRN, State Farm’s January 5, 2024, letter requesting the Complainant address issues on her property preceded the Complainant’s reporting of the claim by approximately six months and therefore could not have been retaliatory. State Farm complied with all notice requirements concerning nonrenewal of the policy. On November 4, 2024, the Complainant filed a lawsuit against State Farm alleging breach of contract citing the June 17, 2023, date of loss. On December 10, 2024, the Complainant voluntarily dismissed the lawsuit without prejudice. On December 17, 2024, the Complainant’s Counsel notified State Farm that the Complainant was changing the date of loss from June 17, 2023, to April 25, 2023. On January 10, 2025, the Complainant served the CRN alleging the damage occurred on April 25, 2023. On January 29, 2025, the Complainant filed a Notice of Intent to Initiate Litigation (“NOIL”) citing the new April 25, 2023, date of loss. State Farm responded to the NOIL by requesting reinspection. The reinspection was scheduled to take place on March 31, 2025. Thereafter, State Farm continued to work with the Complainant and her counsel and the matter has since been fully resolved. The Complainant’s CRN cites a variety of statutes alleging they have been violated without any supporting facts. Each statute is addressed more specifically below: • 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. As stated above, State Farm’s investigation of the claim was prejudiced by the Complainant’s failure to timely report the claim. The CRN is thus devoid of ultimate facts to support the allegation that State Farm failed to act in good faith. State Farm denies that any violation occurred. As stated above, this matter has since been fully resolved. • 626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims. Complainant makes this sweeping and conclusory allegation without providing any facts supporting same and no explanation or proposed cure for this allegation if it were true, thus rendering this CRN inadequate and vague. State Farm investigated this late reported claim as best it could and made a coverage determination based upon available information. State Farm denies that any violation occurred. As stated above, this matter has since been fully resolved. • 626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims. The CRN is devoid of any fact supporting this allegation and there is no proposed cure for this allegation if it were true, thus rendering this CRN inadequate and vague. State Farm denies that any violation occurred. As stated above, this matter has since been fully resolved. • 626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information. The CRN is devoid of any fact supporting this allegation. State Farm investigated this late reported claim but could not determine when the directional wind damage on multiple slopes of the house caused by multiple historical weather events with various dates of loss over a period of time occurred and to what extent the damages were attributable to each event. As explained above, the Complainant’s failure to timely report the claim prejudiced State Farm’s investigation. Additionally, as stated above, this matter has since been fully resolved. • 626.9541(1)(i)(3)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim. The CRN is devoid of any fact supporting this allegation. State Farm’s investigated this late reported claim based upon all available information. As explained above, the Complainant’s failure to timely report the claim prejudiced State Farm’s investigation. State Farm denies that any violation has occurred. As stated above, this matter has since been fully resolved. • 626.9541(1)(o)(11) 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. The allegations in the CRN regarding this alleged violation are factually incorrect. State Farm has complied with all notice requirements regarding cancellation/non-renewal of the Complainant’s policy. State Farm denies any violation occurred. As stated above, this matter has since been fully resolved. State Farm has fully responded to all of the Complainant’s allegations contained in the CRN and set forth the facts of the claim, which evidence State Farm has handled this claim with diligence, and has, at all times, acted fairly in the adjustment of the claim and has treated the Complainant with honesty and due regard for her interests, and State Farm has done so in compliance with the policy of insurance and Florida law. We believe that the above establishes with clarity that State Farm has at all times acted in the utmost good faith in handling this claim. State Farm denies committing any alleged violations referenced in the CRN and reserves all rights. As stated above, this matter has since been fully resolved. If you have any questions or would like to discuss this matter, please do not hesitate to contact me. Very truly yours, SIMON, REED & SALAZAR, P.A. Robin Pero
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