Filing Number: 803714
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| Filing Accepted: 1/27/2025 |
| Last/Business Name
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| Street Address
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52 JENKINS PLACE |
| City, State Zip
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QUINCY,
FL
32351
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| Email Address
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JENKINSIMEG@COMCAST.NET |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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JENKINS |
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First Name |
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IRVIN |
| Policy # * |
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000941513870 |
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Claim #* |
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0765361654 |
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Attorney is Applicable
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| Last Name* |
ALTMAN
First Name *
ALEXIS
Initial
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| Street Address* |
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925 SOUTH FEDERAL HIGHWAY, 7TH FLOOR |
| City, State Zip* |
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BOCA RATON
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FL
33432
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| Email Address * |
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AALTMAN@KPATTORNEY.COM |
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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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CASTLE KEY INSURANCE COMPANY
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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 30511 |
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| Name of individual responsible for violation (if any):*
MARQUENCEA SHANKS
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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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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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Claim Delay
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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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| 624.155(1)(b)(3) |
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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.
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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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| 626.9541(1)(i)(3)(b) |
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Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
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| 626.9541(1)(i)(3)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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| 626.9541(1)(i)(3)(e) |
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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.
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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.
loss settlement provision
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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.
This notice is given in order to perfect the right to pursue the civil remedy authorized by section 624.155, Florida Statutes. IRVIN JENKINS (“insured”) purchased an all-risk policy of insurance with Castle Key Insurance Company (“carrier”) to cover her home and personal property. The Insured made a claim after suffering a water loss. The loss was a direct result of a covered peril under the all-risk policy. Although the carrier opened coverage, the carrier has not attempted in good faith to settle the insured’s claim 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 their interests. Furthermore, the carrier is required to properly investigate and adjust claims and cannot place that burden upon the insured. This was made clear by the appellate court and the Florida Supreme Court in Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005)(“The Legislature has clearly chosen to impose on the insurance companies a duty to use good faith and fair dealing in processing and litigating the claims of their insureds…”).
The carrier was immediately put on notice of the insured’s water damage claim, which caused extensive damage to the home. The carrier sent out a field adjuster and who wrote an estimate in the amount of $18,675.87. Upon review of the carrier estimate and settlement letter, it was noted that the claim was improperly scoped, grossly underpaid, and is insufficient to properly indemnify Insured’s loss.
The insured knew this was not an accurate representation of the damages and retained the services of a public adjuster. An estimate in the amount of amount of $52,267.96 was provided to the carrier.
Pursuant to Florida Statute §624.155(1)(b)(1), the carrier has failed to settle the claim in good faith when it could and should have done so. The Insured reported the Loss as soon as they were aware of the damage and the Property was presented for inspection. The damage to the insured’s home was clearly caused by a covered peril under the Policy, but has intentionally turned a blind eye to the extent of the damage, low-balled the Claim, and callously delayed the claim process. The carrier has not shown a good faith intention to pay what was owed but rather has underpaid the claim for financial gain and profit.
Pursuant to Florida Statute §626.9541(1)(i)(3)(a), the carrier has a duty to adopt and implement standards for the proper investigation of claims. The estimate written by the carrier’s field adjuster displays a lack of knowledge, improper training, and/or intent to underpay.
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), Allstate intentionally misrepresented the available coverage under the policy. Allstate has intentionally misrepresented the amount of damages.
Consequently, these actions have caused undo frustration and financial harm to the Insured. As a direct and proximate result of the poor handling of this Claim by Allstate the Insured sustained extracontractual damages. Due to the bad faith actions of Allstate, Insured was forced to engage the services of the Public Adjuster to attempt to recover the settlement to which they are rightfully entitled.
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 regard 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: 1.) Pay the complete covered loss in the amount of $52,267.96, minus any applicable deductibles or prior payments; 2.) Pay the Insured’s attorneys’ fees and costs as they have been forced to retain counsel; 3.) Pay all emergency remediation services; 4)Pay the statutory interest on the amount of unpaid damages from the date of loss to the date payment is finally made. 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 at (561)-892-9988 if you have any questions or concerns.
Sincerely,
Alexis Altman
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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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