Civil Remedy Notice of Insurer Violations
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Filing Number:     804015
Filing Accepted:  1/29/2025
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Complainant
Last/Business Name *  
COHEN   First Name   JORGE
Street Address * 9320 SW 57 TERR
City, State Zip * MIAMI, FL 33173
Email Address * INSURED@MCDONALDBARNHILL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   COHEN   First Name   JORGE
Policy # * 12-1072396-01 Claim #* 12-3023352-24
Attorney
Attorney is Applicable
Last Name* GONTRUM First Name * RYAN Initial L
Street Address* 505 S. MAGNOLIA AVENUE
City, State Zip* TAMPA , FL 33606
Email Address * TAL@MCDONALDBARNHILL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   TYPTAP INSURANCE COMPANY
NAIC Company Code 15885
 
Name of individual responsible for violation (if any):* JERRICO STUBBLEFIELD AND JUAN JC SOTO
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.
 
626.9541(1)(i)(1) Attempting to settle claims on the basis of an application, when serving as a binder or intended to become a part of the policy, or any other material document which was altered without notice to, or knowledge or consent of, the insured.
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.
626.9541(1)(i)(4) Failing to pay undisputed amounts of partial or full benefits owed under first-party property insurance policies within 60 days after an insurer receives notice of a residential property insurance claim, determines the amounts of partial or full benefits, and agrees to coverage, unless payment of the undisputed benefits is prevented by factors beyond the control of the insurer as defined in s. 627.70131(5).
626.9541(1)(i)(3)(j) Altering or amending an insurance adjuster’s report without: (I) Providing a detailed explanation as to why any change that has the effect of reducing the estimate of the loss was made; and (II) Including on the report or as an addendum to the report a detailed list of all changes made to the report and the identity of the person who ordered each change; or (III) Retaining all versions of the report, and including within each such version, for each change made within such version of the report, the identity of each person who made or ordered such change;
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

***ADDITIONAL STATUTORY PROVISIONS ALLEGED TO HAVE BEEN VIOLATED AS FOLLOWS:*** §624.155(1)(a) Any person may bring a civil action against an insurer when such person is damaged: By the commission of any of the following acts by the insurer: 1. Section 626.9541(1)(i), (o), or (x); §624.155(1)(a) Any person may bring a civil action against an insurer when such person is damaged: By the commission of any of the following acts by the insurer: 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 towards its insured and with due regard for his interests; 2. Making claims payments to insures or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made; or 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. §624.155 (5) No punitive damages shall be awarded under this section unless the acts giving rise to the violation occur with such frequency as to indicate a general business practice and these acts are: a. Willful, wanton, and malicious; b. In reckless disregard for the rights of any insured; or c. In reckless disregard for the rights of a beneficiary under a life insurance contract; (8) The damages recoverable pursuant to this section shall include those damages which are a reasonably foreseeable result of a specified violation of this section by the authorized insurer and may include an award or judgment in an amount that exceeds the policy limits. §627.70131 Insurer’s duty to acknowledge communications regarding claims; investigation (1)(a) Upon an insurer’s receiving a communication with respect to a claim, the insurer shall, within 14 calendar days, review and acknowledge receipt of such communication unless payment is made within that period of time or unless the failure to acknowledge is caused by factors beyond the control of the insurer which reasonably prevent such acknowledgement. If the acknowledgement is not in writing, a notification indicating acknowledgement shall be made in the insurer’s claim file and dated. A communication made to or by an agent of an insurer with respect to a claim shall constitute communication to or by the insurer. (b) As used in this subsection, the term “agent” means any person to whom an insurer has granted authority or responsibility to receive or make such communications with respect to claims on behalf of the insurer. (c) This subsection shall not apply to claimants represented by counsel beyond those communications necessary to provide forms and instructions. (2) Such acknowledgement shall be responsive to the communication. If the communication constitutes a notification of a claim, unless the acknowledgement reasonably advises the claimant that the claim appears not to be covered by the insurer, the acknowledgement shall provide necessary claim forms, and instructions, including an appropriate telephone number. (3) Unless otherwise provided by the policy of insurance or by law, within 10 working days after an insurer receives proof of loss statements, the insurer shall begin such investigation as is reasonably necessary unless the failure to begin such investigation is caused by factors beyond the control of the insurer which reasonably prevent the commencement of such investigation. (4) For purposes of this section, the term “insurer” means any residential property insurer. (5) Within 90 days after an insurer receives notice of a property insurance claim from a policyholder, the insurer shall pay or deny such claim unless the failure to pay such claim is caused by factors beyond the control of the insurer which reasonably prevent such payment. Failure to comply with this subsection constitutes a violation of this code. ***Specific policy language that is relevant to the violation*** TypTap Insurance Company (TypTap) failed to adequately adjust and pay the claim covered under the subject insurance policy. Specifically, but not limited to, TypTap failed to properly apply the Loss Settlement and Loss Payment provisions of the policy. In addition to the policy sections specifically cited herein, any endorsements or changes to said sections are relevant to the Insured’s claim for civil remedy. There may be additional policy language relevant to this violation that may be discovered.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Jorge Cohen’s claim results from water damage from a plumbing leak which occurred on or about January 16, 2022, to his property located at 9320 SW 57 Terr., Miami FL 33173. The property was insured under policy number 12-1072396-01. The wind from the storm caused damage to the roof, soffit, and windows of the property. The exterior damage in turn allowed water to intrude into the interior, where it damaged ceilings, walls, and other building materials. The claim was reported to TypTap Insurance Company (TypTap) and was assigned the claim number 12-3023352-24. TypTap assigned Jerrico Stubblefield as the desk adjuster and Juan JC Soto as the field adjuster for the claim. Mr. Soto performed a perfunctory inspection of the loss and prepared an estimate which was deficient in both scope and pricing for the damage to the property, failing to include the necessary access to complete the repairs. The lowball estimate totaled only $7,362.76, and resulted in a payment of just $6,362.76 for the substantial loss. Mr. Cohen hired Stellar Public Adjusting Services (Stellar) to represent his interests in the claim. Stellar inspected the property and estimated damages totaling $354,786.30. Additionally, Total Leak Detection performed a camera inspection costing $1,858, and prepared an estimate for replacing the drain line which totaled $48,988. Brickhouse performed a mold test which totaled $2,200 and prepared a mold remediation estimate totaling $14,759.62. Stellar sent these estimates, along with photos and other relevant documentation to TypTap and requested supplemental payment. Unfortunately, there is no proof the carrier has ever actually considered the information sent by Stellar or done anything further to adjust the loss. Instead, TypTap demanded appraisal. The appraisal proceeded up until the umpire was going to be brought in, but then TypTap reassigned its appraiser, forcing the process to begin again. Once again, the parties were in the process of choosing an umpire when this time TypTap rejected the appraiser named by Mr. Cohen. When Mr. Cohen changed appraisers to satisfy TypTap, TypTap then decided to reject appraisal and refuse to proceed at all. TypTap’s course of action has continuously delayed indemnification while the Insured’s costs continue to rise. In Florida, the work of adjusting insurance claims engages the public trust. TypTap has breached this duty in the adjustment of this loss by refusing to provide proper indemnity, unnecessarily delaying resolution of the claim, refusing to participate in appraisal in good faith, and failing to take into consideration documentation provided to them which would support further compensation. TypTap has failed to create and implement adequate guidelines for proper investigation of claims handling and for training and supervision of employees and representatives which have resulted in some of the statutory violations set forth above. TypTap charged Mr. Cohen a substantial premium for these coverages but has refused to tender proper payment when under all circumstances it could have and should have done so had it acted fairly and honestly. Additionally, it appears this is done companywide. The Insureds have been forced to retain legal counsel to protect their interests. Therefore, to cure the defects outlined in this Civil Remedy Notice, TypTap must: 1. Immediately tender all insurance monies due to the Insureds for the loss; 2. Act fairly and honestly towards the Insureds and with due regard for their interests in attempting to settle the claim; 3. Pay statutory interest on the amount of unpaid contractual damages from the date the claim was reported; 4. Cease and desist all present and future bad faith actions with regard to the Insureds’ claim; Failure to cure all defects during the 60-day safe harbor period may result in additional extra-contractual damages.
Comments
User Id Date Added Comment
aphilippi@butler.legal 03-27-2025 March 27, 2025 Via Electronic Filing Florida Department of Financial Services Bureau of Consumer Assist. Civil Remedy Larson Building, 200 East Gaines Street Tallahassee, FL 32399 0322 Via E-Mail Ryan L. Gontrum 505 S Magnolia Ave. Tampa, FL 33606 tal@mcdonaldbarnhill.com Re: Claimant: Jorge Cohen Insurance Carrier: TypTap Insurance Company Policy Number: 12-1072396-01 Claim Number: 12-3023352-24 CRN Filing No. 804015 Dear Sir/Madam: This letter responds on behalf of Typtap Insurance Company to the Civil Remedy Notice of Insurer Violations filed by attorney Gontrum on behalf of Jorge Cohen. As an initial matter, the notice fails to comply with the requirements of Florida Statute § 624.155(3) and is invalid. First, the statute requires the complainant list with specificity in the notice “[t]he facts and circumstances giving rise to the violation.” Here, the notice fails to list facts supporting the numerous statutes alleged to have been violated. By failing to list “the facts and circumstances giving rise to the violation,” the notice fails to comply with the statute’s requirements. The Notice also alleges that TypTap Insurance Company violated numerous statutes without providing facts to support that the statute was violated. Julien v. United Prop. & Cas. Ins. Co., 311 So. 3d 875 (Fla. 4th DCA 2021). It also improperly demands that TypTap pay interest to cure the notice. In addition, the notice fails to include the policy provisions allegedly violated. Although the notice is invalid, TypTap denies the allegations in the notice. TypTap hereby asserts all, and does not waive any, defects in the Notice by filing this response. On January 19, 2022, the Insured, through their public adjuster, reported damage from a pipe leak that occurred on January 16, 2022. TypTap assigned an adjuster to inspect the property on TypTap’s behalf, who inspected on January 25, 2022. At the time of the inspection, the drain line clog had been cleared and the hall bathroom wax ring had been replaced. Due to the repairs that had already been made prior to the inspection, the adjuster was unable to determine if the tile damage was the result of the clogged drain line. TypTap also assigned Renovar to determine if the cabinetry could be repaired. Based on their review, they opined that the cabinets could be repaired. On January 26, 2022, TypTap received documentation from Total Care Restoration, including a purported assignment of benefits. On February 17, 2022, TypTap requested the insured, through their public adjuster, provide additional documentation in relation to the reported damages, including photographs of the damage prior to repairs and any plumbing documentation. A second request was sent on March 2, 2022. On March 15, 2022, TypTap received mold remediation documentation from Brickhouse Inspections. However, after no response from the public adjuster on the requested documentation, on March 17, 2022, TypTap called the public adjuster to discuss the requested documentation necessary to the coverage determination. TypTap also retained an engineer from Sdii to reinspect the subject property and determine the cause of loss. The Sdii engineer inspected the property on April 4, 2022 with a representative from Nativo. The engineer concluded that there were no defects to the below slab cast iron drain piping, that the buildup was consistent with age-related deterioration and insufficient maintenance; the overflow could not be confirmed in the hallway bathroom or kitchen due to lack of documentation; the hallway bathroom cabinet, kitchen countertop, and warped kitchen cabinet bottom shelf damage was the result of repeated moisture exposure during its life; and that the tile cracking was the result of an underlying installation deficiency, preexisting to the subject loss, and had cracked due to the diminished bond and repeated foot traffic. On May 4, 2022, TypTap requested supporting documents from Total Care Restoration, including photographs of the damage prior to any work, and documents relating to the mitigation performed, including dry logs or moisture readings. On June 2, 2022, TypTap issued payment to the insured in the amount of $7,362.76, less the $1,000.00 deductible, with depreciation waived. The estimate included replacement of the lower kitchen cabinets and painting to the kitchen, dining room, living room, and hallway, including hall offset. In its letter, TypTap also explained the damages that were not covered including applicable policy provisions outlining those exclusions, based on the inspections by the adjuster and engineer. On about June 22, 2022, TypTap received the Stellar Public Adjusting estimate in the amount of $304,254.78 RCV. The estimate included full replacement of the flooring throughout the home, which was deemed to not be covered as explained in the June 2, 2022 letter. TypTap issued payment to Total Care Restoration on May 11, 2022, in the amount of $3,545.99 for the water remediation invoice, following a peer review, and on June 24, 2022, for the contents estimate, following a peer review, in the amount of $51.87 under Coverage C. Beginning on June 24, 2022, TypTap made a demand for appraisal. However, after the insured’s refusal to name an impartial appraiser, on December 12, 2023, TypTap informed the insured that appraisal would no longer be an option to resolve. The insured had selected their public adjuster to serve as their appraiser, who is not impartial as required under the policy. During the appraisal discussions, TypTap was also made aware of a similar claim reported to the insured’s prior insurer, Citizens, with a date of loss of August 24, 2020. On November 17, 2023, TypTap requested the insured provide documentation of proof of the repairs made for the claimed damages under the prior claim, through a Reservation of Rights letter. To date, those documents were never received. TypTap Insurance Company investigated the reported loss, adjusted the claim, and issued payment according to the policy, despite the insured’s failure to provide requested records, provide prompt notice of the damaged claim, retain the damaged property, protect the covered property from further damage, or cooperate in the investigation of the claim. TypTap Insurance Company remains committed to working with Mr. Cohen by reviewing all relevant information that may affect coverage. In any event, TypTap requests that if Mr. Cohen, or his counsel, have any new or additional information that could impact the coverage determination that they provide it as soon as possible. To the extent the Notice alleges that TypTap Insurance Company did not respond to certain communications, please allow this letter to respond to any communications the complainants believe were not adequately responded to by TypTap. We hope this correspondence adequately addresses the matters raised in the CRN. Should you have any further questions or need any additional information, please feel free to contact us. Sincerely, BUTLER WEIHMULLER KATZ CRAIG LLP Alyssa M. Philippi Alyssa M. Philippi aphilippi@butler.legal
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