Filing Number: 804486
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| Filing Accepted: 1/30/2025 |
| Last/Business Name
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ROBERTS
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First Name |
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STEVEN |
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| Street Address
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2226 BAKER AVENUE |
| City, State Zip
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ORLANDO,
FL
32833
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| Email Address
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SCORINGRANGE711@GMAIL.COM |
| Complainant Type:
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Insured |
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| Last/Business Name* |
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ROBERTS |
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First Name |
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STEVEN |
| Policy # * |
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KIN-HO-FL-265645835 |
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Claim #* |
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HO-3749732 |
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Attorney is Applicable
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| Last Name* |
MOORE
First Name *
WILLIAM
Initial
C
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| Street Address* |
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205 E MARKS STREET |
| City, State Zip* |
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ORLANDO
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FLORIDA
32803
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| Email Address * |
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OFFICE@CLINTCO.LEGAL |
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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):*
NATALIEN BROWN; PHYLICIA SAKALA
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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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Claim Denial
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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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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
COVERAGE C – Personal Property
We cover personal property, when a limit of liability for Coverage C is shown on the Declarations page, owned or used by an "insured"
while it is anywhere in the world. After a loss and at your request, we will cover personal property owned by:
1. Others while the property is on the part of the "residence premises" occupied by an "insured";
2. A guest or a "residence employee," while the property is in any residence occupied by an "insured"; and
3. “You” for removable, temporary, or seasonal docks and their dock-related
COVERAGE D – Loss Of Use
The limit of liability for Coverage D is the total limit for all the coverages that follow.
1. If a loss covered under this Section makes that part of the "residence premises" where you reside not fit to live in, we cover the:
Additional Living Expense, meaning any necessary increase in living expenses incurred by you and verified by receipts so that
your household can maintain its normal standard of living.
Payment will be for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest
time required for your household to settle elsewhere.
In either event, the payment(s) will be limited to eighteen (18) consecutive months from the date of the covered loss.
You must begin the repair or relocation process as soon as reasonably possible.
COVERAGE C – PERSONAL PROPERTY
We insure for a fortuitous, sudden and accidental direct physical loss to the property described in Coverage C caused by a peril listed
below unless the loss is excluded in SECTION I – EXCLUSIONS.
12. Accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective
sprinkler system or from within a household appliance.
This peril does not include loss:
a. To the system or appliance from which the water or steam escaped;
b. Caused by or resulting from freezing except as provided in the peril of freezing below; or
c. On the “residence premises” caused by accidental discharge or overflow which occurs off the “residence premises.”
d. Caused by or resulting from constant or repeated seepage or leakage of water or steam over a period of fourteen (14) or
more days from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or from within a
household appliance, unless such seepage or leakage of water or the presence or condensation of humidity, moisture, or
vapor and the resulting damage is unknown to all “insureds” and is “hidden” within the walls or ceiling or beneath the
floors or above the ceilings of a structure. In the event this exclusion applies, we will not pay for any damages sustained
starting from the first day and instance the seepage or leakage of water or steam or presence or condensation of humidity,
moisture, or vapor began;
e. Otherwise excluded or limited elsewhere in this policy.
In this peril, a plumbing system does not include a sump, sump pump or related equipment.
SECTION I – EXCLUSIONS 1.c Water Damage paragraphs 1) and 3) that apply to surface water and water below the surface of the
ground do not apply to loss by water covered under this peril.
SECTION I - EXCLUSIONS
1. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other
cause or event contributing concurrently or in any sequence to the loss.
q. Seepage or leakage of water or steam or the presence or condensation of humidity, moisture, or vapor over a period of
14 or more days, unless such seepage or leakage of water or steam or the presence or condensation of humidity,
moisture, or vapor and the resulting damage is unknown to all “insureds” and is “hidden” within the walls or ceilings or
beneath the floors or above the ceiling of a structure. In the event this exclusion applies, we will not pay for any damages
sustained starting from the first day and instance the seepage or leakage of water or steam or the presence or
condensation of humidity, moisture, or vapor began.
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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.
Steven Roberts ("Insured") purchased an all-risk property insurance policy from Kin Interinsurance Network ("Kin"), policy number KIN-HO-FL-265645835 "(the "Policy"), which, at all materials times, provided property insurance for the dwelling and contents located at 2226 Baker Avenue, Orlando, FL 32833 (the "Property"). The Policy also provided Additional Living Expense benefits ("ALE").
On June 17, 2024, an accidental discharge of water caused direct physical loss to the Property. Insured was not home that day. The next day, June 18, 2024, he returned home to discover the damage. He promptly reported the claim. Kin assigned claim number HO-3749732 to the loss. The Insured took reasonable measures to mitigate the damages by engaging the services of a water mitigation company, ServPro, on June 18, 2024. ServPro used dehumidifiers to help dry the interior of the dwelling. The Insured also turn the air conditioning unit on when he arrived back to the property, which was off due to him being on vacation.
The loss damaged the dwelling, but also the personal contents of the dwelling. The Insured sent a contents inventory on September 24, 2024. To date, Kin has not paid anything for contents coverage. Instead, they tried to offer a settlement under the ALE portion of the policy to influence settlement of the contents. Kin argued that only the items that "were in the path of the water" were covered, and offered half of what was claimed. The Insured rebutted that argument by showing the proximate cause of the damage was the covered water loss.
The Policy contained a right-to-repair clause, giving Kin the right to control the repairs to the dwelling. Kin invoked the clause and chose BluSky Restoration to perform the restoration. BluSky found mold growing in the kitchen and had to remediate it. The remediation of the mold and restoration of the dwelling rendered it in such a condition that the Insured had to move out. The Insured has incurred the costs of relocation while Kin's contractor, BluSky Restoration, took months to complete the restoration work, extending their completion dates multiple times. The Insured provided proof of the costs incurred. To date, Kin issued $324.01 for two hotel rooms purchased before the Insured could find more stable, comparable housing. The total costs incurred related to the ALE benefits is $7,625.00. The Insured has $59,800 in ALE benefits.
The Insured has complied with all requests for information from Kin. The Insured's attorney has communicated to Kin on the following dates, and still has not received payment for the contents or costs incurred for ALE benefits:
Oct 31, 2024
Nov 7, 2024
Nov 21, 2024
Dec 4, 2024
Dec 17, 2024
Dec 29, 2024
Jan 9, 2025
Jan 10, 2025
Jan 12, 2025
Jan 19, 2025
Jan 21, 2025
Jan 23, 2025
Jan 29, 2025
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 cure period. In order to cure the defects outlined in this Civil Remedy Notice, Kin must act as follows: immediately tender $25,901.60 in insurance proceeds for ALE and contents. ($18,276.60 in contents and $7,625.00 in ALE).
If Kin disagrees with the extent of the cure requested or asserts that the payment of any of the above cure categories may not be required, Kin should cure to the extent it believes it must under the Subject Policy and governing laws to correct the allegations of bad faith contained herein. While it is not being requested as a cure for the bad faith alleged herein, the Insured remain willing to entertain any reasonable counteroffer of settlement.
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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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