Civil Remedy Notice of Insurer Violations
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Filing Number:     801362
Filing Accepted:  1/15/2025
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Complainant
Last/Business Name *  
KIRSCHNER   First Name   ALEXIS AND JORDAN
Street Address * 9260 MERIDIAN DR E
City, State Zip * PARKLAND, FL 33076
Email Address * AALTMAN@KPATTORNEY.COM
Complainant Type: * Insured
Insured
Last/Business Name*   KIRSCHNER   First Name   ALTMAN AND JORDAN
Policy # * OIC30139693-00 Claim #* 24FLHOV0018786
Attorney
Attorney is Applicable
Last Name* ALTMAN First Name * ALEXIS Initial
Street Address* 925 SOUTH FEDERAL HIGHWAY, 7TH FLOOR
City, State Zip* BOCA RATON , FL - FLORIDA 33432
Email Address * AALTMAN@KPATTORNEY.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   OLYMPUS INSURANCE COMPANY
NAIC Company Code 12954
 
Name of individual responsible for violation (if any):* JAKE HENKIN
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unfair Trade Practice
Claim Delay
* 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

homeowners bill of rights
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Olympus Insurance Company has not attempted in good faith to settle the Claimant’s claim when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its Claimant and with due regard for its interests. The carrier was immediately put on notice of the insured’s water claim. On December 14, 2024, the insured’s received an email that Mr. David Handy was the assigned desk adjuster and would be reaching out. On December 19, 2024, the insured asked they they had not yet heard from their adjuster to which Garett Wicks responded, “The Adjusters have a high volume of claims, and this claim was filed 5 days ago.” There after Olympus sent out Entrusted to inspect the home. Once it was determined that coverage was afforded, Olympus invoked its right to repair and before the worked even commenced began insisting that the insured’s $5,000.00 deductible be paid. At this time, the insured requested that an estimate of damages be provided pursuant to Florida Statute 627.7142 and the homeowner’s bill of rights. Rather than providing an estimate, Mr. Jake Donaldson responded that Entrusted Estimate is work product and they would not be providing it. Additionally, in response to being asked where it states that the insured must pay the deductible upfront, a cooperation letter to insured was thereafter sent purporting to state that the insureds were not cooperating. At this time, no discussions have gone forward with Entrusted regarding the scope of work and no documents have been signed, yet Olympus is refusing to provide an estimate to show that the work is truly over the $5,000.00 deductible and moreover refusing to act in good faith by allowing the insured to discuss the work before handing over a large sum of money. Florida law mandates that insurers and adjusters do not mislead the Insured. Florida Insurance companies that fail to follow these Florida laws and regulations, designed to protect consumers, do not only breach their duties under the policy of insurance but do so in bad faith. In violation of Florida Statute §626.9541(1)(i)(3)(b), Mr. Donaldson has continued to misrepresent the language of the policy by forcing the insured to pay the deductible without discussing the scope of work with the preferred vendor and refusing to provide an estimate of coverage. All the aforementioned are part of what appears to be an ongoing pattern and practice of behavior of the carrier that it demonstrates a wanton and reckless disregard for the insureds’ rights and a pattern and practice of bad faith claims practices to its insureds across the state of Florida. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must: Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must: 1) Pay the complete covered loss and/or provide the estimate for the scope of work and 2) allow the work to commence prior to the deductible being paid. A copy of this letter and filed form submitted to the FDFS has been printed out and mailed. Please do not hesitate to contact the undersigned (561)-892-9988 if you have any questions or concerns. Sincerely, Alexis Altman
Comments
User Id Date Added Comment
dbetts@bressler.com 03-14-2025 Please accept this response on behalf of Olympus Insurance Company (“Olympus”) to the Civil Remedy Notice No. 801362 filed on behalf of Alexis Kirschner and Jordan Kirschner (“Complainant” and/or “Insured”) and accepted by the Florida Department of Financial Services on January 15, 2025. Based upon the facts regarding claim number 24FLHOV0018786 and recent communication with you regarding this claim, this response, filed by Olympus in accordance with § 624.155, Fla. Stat. (2024), is to notify you and the Florida Department of Financial Services that a resolution has been reached between Olympus and the Insureds regarding claim number 24FLHOV0018786, in its entirety, including, but not limited to, the allegations contained within Civil Remedy Notice 801362. To the extent that the instant CRN is intended to address any other facts or circumstances which purport to establish additional coverage for the reported losses, Olympus believes that it has at all times acted in good faith with regard to its investigation of the subject claim. Should you need any additional information from Olympus regarding the foregoing, please feel free to contact the undersigned. Sincerely, /s/Derek R. Betts Derek R. Betts, 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