Civil Remedy Notice of Insurer Violations
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Filing Number:     802339
Filing Accepted:  1/20/2025
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Complainant
Last/Business Name *  
RAMIREZ   First Name   AIREEN
Street Address * WINTER HAVEN,
City, State Zip * 302 FERN ROAD, FL 33880
Email Address * [WITHHELD=
Complainant Type: * Insured
Insured
Last/Business Name*   RAMIREZ   First Name   AIREEN
Policy # * KIN­HO­FL­209932143 Claim #* HO-­4543965
Attorney
Attorney is Applicable
Last Name* ROLLE First Name * CRAIG Initial D.
Street Address* 708 E. COLONIAL DR., SUITE 103
City, State Zip* ORLANDO , FLORIDA 32803
Email Address * CR@WEKLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   KIN INTERINSURANCE NETWORK
NAIC Company Code 16603
 
Name of individual responsible for violation (if any):* SEE BELOW
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
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)(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.

Specific policy language contained in the Insureds' insurance contract that is relevant to the violations by KIN Insurance Company includes, but is not limited to, the following: Coverage A, B, C, D and E Provisions, all additional Coverage Provisions, all coverage provided by endorsement or rider, the declarations page, loss payment or settlement provisions, provisions pertaining to the duties in the event of a loss, all terms and conditions pertaining to Section I of the insurance policy, the insurance policy’s definitions section, the insurance policy’s exclusion of coverage provisions, all insurance policy provisions that provide coverage to the Insureds’ property; and all other relevant policy provisions.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

In consideration of payment of an annual premium, an all-risk residential property insurance policy was in full force and effect with Kin Interinsurance Network (“Carrier” or “KIN”) bearing policy number KIN¬HO¬FL¬209932143and claim number HO-¬4543965, for a property located at 302 Fern Road, Winter Haven, FL 33880 (Property). The owners of the Property are the named Insureds, Aireen Ramirez and Alexis Feliciano. On or about April 3, 2024, the Insureds’ Property suffered a loss at their property. Shortly thereafter, the Carrier improperly denied coverage for the loss. Unhappy with the Carrier’s treatment and handling of this claim, the Insureds retained the undersigned counsel which could have been avoided had the Carrier properly investigated and correctly paid the entire estimate for this claim. The Carrier failed to promptly settle the Insureds’ insurance claim when the obligation to settle the insurance claim had become reasonably clear. The Carrier has therefore NOT acted in good faith during the adjustment of this claim. Specifically, the Carrier has violated the following statutory provisions under Florida law: • Carrier has violated Florida Statute § 624.155(1)(b)(3) by failing to promptly settle this obviously covered claim to influence settlement in its favor. Despite being presented with evidence that it has underpaid this claim, the Carrier still refuse to made additional payments. • The Carrier has violated Florida Statutes § 626.9541(1)(i)(2) and § 626.9541(1)(i)(3)(b) by making material misrepresentations to the Insured for the purpose and with the intent to settle the claim on less favorable terms than those provided and contemplated by the policy. • The Carrier has also violated § 626.9541(1)(i)(3)(a) when it failed to adopt and implement standards for the proper investigations of claims. Quite simply, KIN and its representatives are willfully blind and grossly underqualified to handle a loss such as the one sustained by the Insureds. In addition, after being placed on notice as to the blatant failure to properly adjust this claim, KINhas yet to rectify their actions and do right thing by the Insureds by paying the money they are contractually owed. We believe KINwill profit from its wrongful conduct and its behavior is tantamount to unfair claim settlement practices under Florida Stat. 626.9541(1)(i)(3). As noted above, the Carrier violated § 626.9541(1)(i)(3)(c) by failing to acknowledge and act promptly upon the communications with respect to the claim. The Insureds have more than complied with every request and duty under the Policy and there has still been no action by KIN to rectify its underpayment of this claim. In the event the Carrier needs additional information, it has failed to promptly notify the Insureds in a timely manner. Moreover, this pattern of behavior is perpetuated by KIN and its representatives undeterred by the Ethical Requirements that are imposed by law on all Adjusters. Fla. Admin. Code Ann. R. (3) explicitly states the adjustment of insurance claims engage the trust of the public, and therefore, an adjuster has a duty of fair and honest treatment of the Insureds throughout the insurance claim process. Several duties and responsibilities owed to the Insureds were violated in the handling of this claim, which are specifically listed responsibilities of an Adjuster in the Florida Administrative Code. These breached duties and responsibilities include adjusters from KINapproaching the investigation and settlement in a manner prejudicial to the Insured, failing to allow a fair settlement with her and acting with due diligence in achieving a proper disposition of the claim. In contrast to the legislative intent motivating the enumeration of an Adjuster’s responsibilities outlined in the Administrative Code, the Insureds were not afforded the professional duties entrusted on KINby the public. As of the filing of this civil remedy notice, KIN has failed to adequately compensate the Insureds for the damage that occurred on or about February 4, 2024. As a direct result of KIN’s delay and failure to respond to the Insureds, they were forced to seek the help of legal counsel. Due to the amount of time that has passed since the date of loss, this acknowledgement is evidence that KIN knowingly and intentionally delayed the claims process to further disadvantage the Insureds. The financial detriment caused to the Insured is a direct result Security First’s reckless delay of the claim and litigation process. The Insureds were (and still are) dutiful customers who made it a priority to pay their insurance premiums to ensure that in such an event as this devastating incident, their home would be covered. In other words, the Insureds have held up her end of the contractual bargain whereas the Carrier has not. The Insureds timely filed her claim once they had discovered the source of the covered loss and the ensuring damage caused by it. All requested information and documentation were turned over to KIN and its representatives promptly by the Insured. KIN failed at every step of the process to adequately establish or identify the basis of its gross mismanagement of the claim, failed to inform the Insureds how they may remedy any deficiencies in her claim, and failed to provide her with qualified representatives to ensure the claim was initially adjusted, evaluated, estimated properly, and paid fully. To deny the Insureds the benefit of their bargain after they have satisfied all of the obligations is morally and ethically reprehensible, and reeks of Unfair Trade Practice. Upon information and belief, the actions complained of, among others, made by KINso often as to constitute a general business practice, evidencing a motive to enhance its profits, and designed to cause a detrimental effect to its policy holder. KINwas aware that the Insureds’ damages were in covered under the policy yet took advantage of them in an attempt to force them into an irreparable disadvantaged position by underpaying the claim. The Carrier hopes that its conduct will force the Insured to settle for less coverage than they are contractually entitled to under the policy. This notice is given in order to perfect the right to pursue the civil remedy authorized by Section 624.155, Florida Statutes, should KIN fail to cure the violations set forth in this Civil Remedy Notice within the given time period. To cure the defects outlined in this Civil Remedy Notice, KIN must: (1) Immediately tender all insurance proceeds due and owing to the Insureds that are fairly owed to them under the insurance policy that would reasonably place them back to a pre-loss condition pursuant to the estimate of damages in the amount of $$39,756.00
Comments
User Id Date Added Comment
ccambo@camboferry.com 03-18-2025 Insured(s): Alexis Feliciano and Aireen Ramirez Claim Number: HO-4543965 Policy Number: KIN-HO-FL-209932143 Insurance Co.: Kin Interinsurance Network Date of Loss: April 3, 2024 Loss Report Date: June 11, 2024 Dear Mr. Craig D. Rolle: This correspondence constitutes Kin Interinsurance Network’s response to the Civil Remedy Notice of Insurer Violation # 802339 you filed on behalf of Aireen Ramirez, regarding the above-listed claim. Kin Interinsurance Network welcomes the opportunity to respond to this Civil Remedy Notice and specifically denies each and every allegation contained therein. Kin Interinsurance Network also asserts the Civil Remedy Notice fails to comply with the specific notice and information requirements set forth in both § 624.155, Florida Statutes, and Florida Case law. First, the Notice indicates that Aireen Ramirez is the Insured. While Aireen Ramirez is one of the Named Insureds, there is also a second Named Insured. Specifically, Alexis Feliciano is also a Named Insured on this policy. The Notice fails to identify, address, recognize or preserve Alexis Feliciano’s interest as a Named Insured under the policy. Second, the Notice fails to name with specificity any individual(s) who are involved in the purported violation, as required by §624.155(3)(b)3. Third, the Civil Remedy Notice requires the Complainant, pursuant to § 624.155(3)(b)(1), Fla. Stat., to state with specificity the statutory provision, including the specific language of the statute, which Kin Interinsurance Network allegedly violated. The Notice includes numerous statutory provisions that could be claimed against any insurance company, regardless of whether they are relevant or applicable to the alleged facts contained in the Notice. Because the Civil Remedy Notice fails to identify any specific statutes, it does not comply with § 624.155(3)(b)(1). Fourth, the Notice fails to set forth any specific policy language relevant to the purported violations as required by § 624.155(3)(b)(4), Fla. Stat. The Notice states “Specific policy language contained in the Insureds' insurance contract that is relevant to the violations by KIN Insurance Company includes, but is not limited to, the following: Coverage A, B, C, D and E Provisions, all additional Coverage Provisions, all coverage provided by endorsement or rider, the declarations page, loss payment or settlement provisions, provisions pertaining to the duties in the event of a loss, all terms and conditions pertaining to Section I of the insurance policy, the insurance policy’s definitions section, the insurance policy’s exclusion of coverage provisions, all insurance policy provisions that provide coverage to the Insureds’ property; and all other relevant policy provisions.” This is just a broad outline of various provisions of the insurance policy without specifying which are relevant to the purported violations. By failing to identify any specific policy provision(s), the Civil Remedy Notice does not comply with § 624.155(3)(b)(4). Fifth, § 624.155(3)(b)(2), Fla. Stat., requires the Notice to state with specificity the facts and circumstances giving rise to the purported violations. This notice provides template, unsupported and incorrect allegations and fails to provide the requisite specificity required by § 624.155(3)(b)(2), Fla. Stat. Without the benefit of specific facts and circumstances giving rise to the purported violations, Kin Interinsurance Network is unable to provide a detailed response and the Notice fails to satisfy § 624.155(3)(b)(2). For the aforementioned reasons, Kin Interinsurance Network believes the Civil Remedy Notice does not comply with § 624.155, Fla. Stat. Additionally, Kin Interinsurance Network denies any and all allegations contained in the Civil Remedy Notice. Kin Interinsurance Network’s response is based on the limited information provided in the Civil Remedy Notice and the information we have to date. If Ms. Aireen Ramirez feels we do not have all the facts, we ask that she please inform us immediately. Please note that Kin Interinsurance Network’s response is not necessarily exhaustive and, as a result, it does not preclude us from asserting any other valid reasons for the lack of compliance with § 624.155, Fla. Stat. Additionally, neither this response, nor any act or failure to act on the part of Kin Interinsurance Network, or any agent or representative of Kin Interinsurance Network, should be construed as a waiver of any rights or defenses. This includes, but is not limited to, proper notice and service by Ms. Aireen Ramirez and Mr. Alexis Feliciano or other defenses available by contract or at law. All such rights and defenses are hereby reserved. We believe this response addresses the allegations contained in the Civil Remedy Notice. If you have any questions regarding this matter or need anything further, please do not hesitate to contact the undersigned. Sincerely, CAMBO FERRY, PLLC Bridgette C. Crespo, Esq. Bridgette C. Crespo, 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