Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 803263

Filing Accepted: 1/24/2025

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Complainant

Last/Business Name *

RENZ

First Name

GREGORY

Street Address *

121 6TH AVE. N.

City, State Zip *

ST. PETERSBURG, FL 33701

Email Address *

GREG.RENZ@TICUS.COM

Complainant Type: *

Insured

Last/Business Name*		RENZ		First Name		GREGORY
Policy # *		HCPC-HO3-398941-12		Claim #*		946081

Attorney

Attorney is Applicable

Last Name*	MARKER First Name * SHAUN Initial J
Street Address*		ONE NORTH CLEMATIS STREET, SUITE 510
City, State Zip*		WEST PALM BEACH , FL 33401
Email Address *		SMARKER@MERLINLAWGROUP.COM

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 12944

Name of individual responsible for violation (if any):* OFFICERS, SUPERVISORS, AND OR MANAGEMENT OF HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.; ALL CLAIMS REPRESENTATIVES, ADJUSTERS, LOSS CONSULTANTS, ENGINEERS AND EXPERTS, AMIE MOORE, PAULA FINSTROM, SHORTOYA ROBINSON.
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Claim Delay
	Claim Denial
	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)(2)		Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made.
	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)(2)		A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy.
	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.
	626.9541(1)(i)(3)(d)		Denying claims without conducting reasonable investigations based upon available information.
	626.9541(1)(i)(3)(e)		Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed.
	626.9541(1)(i)(3)(f)		Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
	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)(i)(3)(h)		Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.

* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Building coverage provisions; additional coverages; duties in event of loss policy provisions; all terms and conditions of Section I of the insurance policy; the insurance policy's definition section; the insurance policy's exclusion of coverage provisions; loss payment policy provision; loss settlement provision; the declarations page; we will adjust all losses with you.

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

In Florida, the work of adjusting insurance claims engages the public trust. Homeowners Choice Property & Casualty Insurance Company, Inc. (“Homeowners Choice”), has breached this duty by its handling of the Insured’s, Gregory Renz’s Claim of Loss (Claim Number 946081; D.O.L. 10/9/24). Homeowners Choice has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the Insured’s insurance claim for damages. On or about October 9, 2024, the Insured submitted a claim to Homeowners Choice for damages sustained as a result of Hurricane Milton. We have identified the following instances of bad faith conduct on the part of your company: • Refusing to pay for necessary repairs and attempting to coerce us into accepting a lower settlement amount by failing to properly consider all applicable statutes and building code requirements both at the state and local level. • Purposefully minimizing the value of the claim by using biased estimating software/pricing and low-balling the cost of repairs. Specifically, estimations and repair costs have been purposefully devalued to the benefit of the insurance company despite knowledge that these costs are woefully deficient. • Misrepresenting that a full roof replacement is not needed and that the roof can be repaired. • Failure to adequately communicate with the Insured regarding the claim. More specifically, in correspondence from Homeowners Choice to the Insured dated November 14, 2024, adjuster Amie Moore states “Your assigned examiner with communicate with you soon to explain your estimate, the claim process, and answer any questions you may have.” However, no examiner contacted the Insured to discuss the estimate, claim process and answer any questions. • Implementing a claim handling process geared solely to the minimization of interior and roof related damages. Specifically, taking a hardline stance denying the need for a roof replacement regardless of evidence supporting the latter. This scheme is meant solely to benefit the carrier while hindering the insured from obtaining just compensation for the loss. • Failure to acknowledge and account for all damage to the subject property including the roof and interior damage that resulted from wind of Hurricane Milton, despite obvious and apparent damage to the roof, including a portion of the roof removed and/or raised from Hurricane Milton. These actions on the part of your company are unacceptable, and are in violation of our insurance policy and the duty of good faith and fair dealing that Homeowners Choice owes to its policyholders. Based on conduct to date, these practices occur with such frequency as to constitute a general claims handling process/business practice imbedded within the company’s management of Hurricane Milton claims. To date, notwithstanding the Insured’s pleas otherwise, Homeowners Choice has continued to refuse to acknowledge its obligation to tender all insurance proceed monies due and owing the Insured or assist the Insured in mitigation of the damages. The insurer has failed and refused to acknowledge coverage and restore the Insured to her pre-loss condition. Homeowners Choice has sufficient information upon which to evaluate the Insured’s claim for damages, and certainly has been provided with an independent means by which to determine the amount of loss. The Insured has otherwise fully complied with the insurer's requests for post-loss compliance. Homeowners Choice has not properly paid all of the covered damages. These actions by Homeowners Choice occur with such frequency to indicate a general business practice of the company. The Insured has complied with the policy of insurance and Florida law, and Homeowners Choice continues to wrongfully refuse to tender the insurance proceeds that are due and owing her. The concept of insurance is the granting of timely and prompt indemnity or security against a contingent loss. Florida statute section 624.02 defines "insurance" as a contract whereby one undertakes to indemnify another or pay a specified amount or a determinable benefit upon determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that the Insured may be put back into the position she was in prior to the loss as quickly as possible. Homeowners Choice breached this duty. The Insured was and still is forced to expend out of pocket monies to submit the insurance claim to force Homeowners Choice to honor its obligations under the insurance policy to pay all the insurance proceeds due and owing her. Homeowners Choice has clearly displayed bad faith in its handling, processing, and wrongful delay of this claim. The Insured merely requests that Homeowners Choice "adjust the loss" with her in accordance with the policy of insurance for which Homeowners Choice has accepted a premium, and in accordance with Florida law. Homeowners Choice’s conduct has been reckless and unfair to its Insured and has caused and continues to cause additional damages. We demand that Homeowners Choice immediately take steps to rectify the situation and handle this claim in a fair and appropriate manner. This includes providing full and fair compensation for the damages incurred and for any additional costs and expenses incurred as a result of Homeowners Choice's bad faith conduct, including but not limited to, fees and costs related to the retention of personnel/counsel required to challenge Homeowners Choice’s improper handling of this claim. [As of this moment, the damages found and evaluated by the insured values at minimum $81,842.78, and we request payment in that sum, less any prior payments/deductibles, as a curative measure to the conduct described herein.]

Comments

User Id		Date Added		Comment
Legal@hcpci.com		03-18-2025		This is Homeowners Choice Property & Casualty Insurance Company’s (“HCPCI”) response to the Civil Remedy Notice of Insurer Violations (“CRN”) filed on behalf of Gregory Renz (“Insured”). HCPCI reviewed this CRN and conducted a thorough review of the subject claim (“claim”) and confirmed it handled the claim properly. Regarding an aspect of the claim, HCPCI issued payments for it on the information available to HCPCI and the circumstances at the time of such payments. Ultimately, HCPCI handled the claim in accordance with the policy and all statutory and regulatory requirements. HCPCI denies each allegation of bad faith and improper conduct in the CRN. At all times, HCPCI acted in good faith, fairly and honestly toward the Insured and with due regard for the Insured’s interests. Furthermore, the CRN fails to adequately describe the alleged violations and fails to provide sufficient information to have created an opportunity for the alleged violations to be corrected (although no violations exist). Instead of complying with Florida Statutes, Section 624.155, the Insured’s attorney in the CRN contained an inaccurate recitation of the facts, failed to reference specific, relevant insurance policy language; cited irrelevant statutes; failed to offer a valid cure, and relied on inaccurate and conclusory statements. The Insured’s laundry list of inapplicable statutes is insufficient. Julien v. United Prop. & Cas. Ins. Co., 311 So. 3d 875 (Fla. 4th DCA 2021). The CRN cannot serve as the basis of a bad-faith action against HCPCI. Finally, upon request by the Department of Financial Services, HCPCI will provide to the Department of Financial Services detailed correspondence HCPCI provided to the Insured regarding HCPCI’s obligations for the claim under the insurance contract and the facts of the claim.

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. 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.

DFS-10-363
Rev. 10/14/2008