Filing Number: 801529
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| Filing Accepted: 1/16/2025 |
| Last/Business Name
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| Street Address
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5224 CORTLAND DR. |
| City, State Zip
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DAVENPORT,
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33837
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| Email Address
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LAN_ZENG@HOTMAIL.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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ZENG |
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First Name |
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LAN |
| Policy # * |
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KIN-DP-FL-122044996 |
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Claim #* |
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HO-3323269 |
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Attorney is Applicable
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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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KIN INTERINSURANCE NETWORK
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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 16603 |
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| Name of individual responsible for violation (if any):*
LATRICE HAWTHORNE
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| Type of Insurance
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Residential Property & Casualty
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| Reason for Notice
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Claim Delay
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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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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| 626.9541(1)(i)(3)(a) |
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Failing to adopt and implement standards for the proper investigation of claims.
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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.
Failure to Acknowledge and Investigate the Claim
Pursuant to Florida Statutes § 624.155(1)(b)(1), your company has failed to acknowledge and act promptly upon communications regarding the claim. Despite submitting the necessary documentation, including pictures and other evidence of the loss, your company has been slow to respond and has failed to make a timely attempt to further investigate or resolve the claim.
Unreasonable Delay in Claim Handling
As per Florida Statutes § 626.9541(1)(i)(3)(a), your company has failed to settle the claim in good faith when the obligation to do so has become reasonably clear. The lack of timely responses and failure to investigate the full extent of the loss is causing undue delay in the claims process. Despite providing ample documentation, including the required photos and estimates, your company has not taken appropriate steps to move forward with the claim process or communicate effectively with us.
Failure to Provide a Proper Explanation for Claim Denial or Underpayment
Your company has failed to provide a proper explanation of the reasons for the delay or denial of coverage. The explanation provided for applying the deductible, depreciation, and the net claim amount does not account for all of the damages sustained. We have submitted all the required documentation, and yet no payment has been issued in accordance with the terms of the policy.
Failure to Pay the Claim
As outlined in the letter received from Kin Insurance on 11/18/2024, the company failed to issue any payment due to the claim being under the deductible. However, despite this, there is a lack of a clear explanation why. The claim has not been settled in a timely manner, and no substantial investigation has been made into additional or supplemental damages that were discovered after the initial report.
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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.
Failure to Acknowledge and Investigate the Claim in a Timely Manner
On October 14, 2024, the loss was reported to Kin and provided all necessary documentation. The Public Adjuster has provided photographs and an initial estimate and proof of loss of the damages. Despite this, there has been a lack of meaningful communication or timely follow-up from your company. You have not conducted any substantial investigation into the full scope of the damages, and there has been an unreasonable delay in responding to our inquiries.
Failure to Provide Clear and Timely Updates Regarding Claim Status
After the initial filing of the claim on October 14, 2024, we waited for several weeks without receiving any significant updates or clarification on the status of the claim. On November 18, 2024, we received a letter that failed to address the critical concerns we raised or clarify the handling of our claim.
Lack of Proper Investigation into Supplemental Damages
Despite the submission of comprehensive evidence including photos and estimates of the damage, you failed to properly investigate additional damages that were identified during the claim process. Furthermore, your letter suggests that if supplemental damages are discovered, we should notify you, but we were not contacted proactively to investigate or resolve these issues. The lack of proactive investigation and failure to acknowledge supplemental damages violates the obligation to thoroughly assess the full extent of the loss under Florida law.
Failure to Make a Good-Faith Attempt to Settle the Claim
Your company has not made any reasonable or good-faith effort to settle the claim despite the fact that the damages and supporting documentation have been provided. The letter dated November 18, 2024, indicated that you reviewed the policy and estimated the cost of repair/replacement, but you did not adequately assess or acknowledge the full extent of the damages. Furthermore, the refusal to issue payment or provide an explanation of the damages leads us to believe that you have not handled this claim in good faith or made a reasonable attempt to honor the terms of the insurance policy.
Unreasonable Delay in Responding to Communications
On multiple occasions, we have reached out to Kin Insurance seeking clarification and assistance with the claim. Each time, we have experienced significant delays in receiving responses. We have submitted all required documentation, yet there has been little effort to review the claim and progress it towards resolution. This ongoing delay in response is contrary to the requirements of Florida Statutes, which mandate that insurers promptly acknowledge claims and investigate them.
Inadequate Explanation of the Claim Denial or Underpayment
The denial of our claim appears to be based on a determination that the total loss did not exceed the deductible. There was not a thorough review of the total loss in light of the terms and conditions of the policy.
Failure to Consider All Documentation Submitted
Violation of Florida Statute 627.70131(6)(b)
As per Florida Statutes § 627.70131(6)(b), insurers are required to inform policyholders that they may issue additional payments as more information becomes available. While your letter acknowledged this statutory requirement, your continued lack of investigation and failure to provide adequate responses to our communications suggest that no further payments or efforts to resolve the claim are forthcoming. This delay and lack of investigation directly violate your obligation under Florida law to continue the evaluation of the claim.
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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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