Civil Remedy Notice of Insurer Violations
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Filing Number:     804510
Filing Accepted:  1/31/2025
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Complainant
Last/Business Name *  
NORIS IZARRA AND DIEGO RUKOZ   First Name  
Street Address * 7994 NW 66TH TERRACE
City, State Zip * PARKLAND, FL 33067
Email Address * WITHHELD
Complainant Type: * Insured
Insured
Last/Business Name*   NORIS IZARRA AND DIEGO RUKOZ   First Name   ULYANA
Policy # * 1501-1903-1669 Claim #* FL23-0123998
Attorney
Attorney is Applicable
Last Name* GRICHENER First Name * ULYANA Initial
Street Address* 800 E BROWARD BLVD, SUITE 510
City, State Zip* HOLLYWOOD , FLORIDA 33001
Email Address * UG@WEKLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
NAIC Company Code 10861
 
Name of individual responsible for violation (if any):* ARDIT DULLOVI, DAVID WALE
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
Unfair Trade Practice
Other : Underpayment
* 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)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
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.
* Specific policy language that is relevant to the violation.
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SECTION I - CONDITIONS *** C. Duties After Loss. Any claim or reopened claim under an insurance policy that provides property insurance for loss or damage caused by any covered peril is barred unless notice of the claim or reopened claim is given to us in accordance with the terms of the policy and within two years after the date of loss. A supplemental claim is barred unless Page 10 of 14 notice of the supplemental claim is given to us in accordance with the terms of the policy and within three years after the date of loss. For purposes of this section, the term reopened claim means a claim that we have previously closed, but that has been reopened upon an insured’s request for additional cost for loss or damage previously disclosed to us. Supplemental claim means a claim for additional loss or damage from the same peril which we previously adjusted or for which costs have been incurred while completing repairs or replacement pursuant to an open claim for which timely notice was previously provided to us. This section does not affect any applicable limitation on civil actions. Additionally, we have no duty to provide coverage under this policy to you or an “insured” seeking coverage, if the failure to comply with the following duties is prejudicial to us. These duties must be performed either by you, an “insured” seeking coverage, or a representative of either: 1. Give prompt notice to us or our agent. Except for Reasonable Emergency Measures taken under Additional Coverage 2. there is no coverage for repairs that begin before the earlier of: a. 72 hours after we are notified of the loss; b. The time of loss inspection by us; or c. The time of other approval by us. 2. a. To the degree reasonably possible, retain the damaged property; and b. Allow us to inspect, subject to 2.a. above, all damaged property prior to its removal from the “residence premises.” *** 4. Protect the covered property from further damage. If emergency measures are required, the following must be performed: a. Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverage 2. A reasonable emergency measure under 4.a. above may include a permanent repair when necessary to protect the covered property from further damage or to prevent unwanted entry to the property. To the degree reasonably possible, the damaged property must be retained for us to inspect; and b. Keep an accurate record of repair expenses; 5. Cooperate with us in the investigation of a claim; 6. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related documents that justify the figures in the inventory; 7. As often as we reasonably require: a. Show us the damaged property and the cause of loss, if reasonably possible, except as to any repairs performed under Section I – Additional Coverages, 2. Reasonable Emergency Measures: b. Provide us with the records and documents we request and permit us to make copies; c. Any and all “insureds” must submit to recorded statements when requested by us; *** H. Suit Against Us. No action can be brought against us unless there has been a full compliance with all of the terms under Section I of this policy … SECTION I – EXCLUSIONS 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. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. *** 5. Neglect Neglect means neglect of an "insured" to use all reasonable means to save and preserve property at and after the time of a loss. SECTION I - EXCLUSIONS *** B. We do not insure for loss to property described in Coverage A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered. *** 3. Faulty, inadequate or defective: a. Planning, zoning, development, surveying, siting; b. Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; c. Materials used in repair, construction, renovation or remodeling; or d. Maintenance; of part or all of any property whether on or off the "residence premises."
 
* Facts and circumstances giving rise to the violation.
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Noris Izarra and Diego Rukoz (the "Insureds") purchased an insurance policy ("Policy") from Universal Property & Casualty Insurance Company ("Universal"), with effective coverage on the date of the loss, on or about June 10, 2023, and policy number 1501-1903-1669 to insure the property located at 7994 NW 66th Terrace, Parkland, Florida 33067 (the "Property"). On or about June 10, 2023, the Property suffered severe damage as the result of a water leak from an AC Unit which caused ensuing damages to the Property, including but not limited to the interior of the Property (the "Loss"). The Insureds retained the services of Alpor Claims Public Adjusters to assist them with the claims process as it was not something they were familiar with. The claim was immediately reported and Universal acknowledged the claim and assigned claim number FL23-0123998 ("Claim") to the Loss. From the onset, it was clear to the Insureds that Universal had one goal - to reduce or eliminate its liability in the claim. Universal delivered a coverage determination that misrepresented the material facts of the claim and relied on a faulty and disingenuous estimate prepared by Universal’s field adjuster Ardit Dullovi after inspection of the property took place on or about July 14, 2023. Universal thus severely underpaid the Insureds the full benefits they are rightfully entitled to without properly evaluating the documentation and proof provided by the Insureds. Specifically, on July 19, 2023, Universal set a letter with an estimate and advised that they would “be forwarding our undisputed Actual Cash Value estimate in the amount of $6,789.14. This is the net amount after application of your deductible and depreciation.” However, that same day, Universal sent out a payment of only $3,050.19. Their own letters contradict their decision and their payment. None of Universal’s letters to the Insureds and/or Insureds’ representative advised that any portion of the damages were excluded for any reason under policy. Frustrated with Universal’s blatant underpayment of the claim and confused as to their rights under the policy, the Insureds were forced to keep fighting. The property was inspected as to the damages by the Insureds’ public adjusting firm, Alpor Claims and an estimate of $68,265.45 to put the property back into its pre-loss condition was provided to Universal. Universal was also provided water mitigation efforts documents from Drying Water Damage Restoration in the amount of $5,370.25. Despite multiple requests from the Insureds pleading that Universal reconsider their position, Universal refused to provide the Insureds with the requisite funds needed to return the property to its pre-loss condition. The Insureds have fully complied with all applicable policy provisions requiring cooperation with the investigation, however Universal is unjustifiably and unreasonably denying any additional payment to the Insureds. Rather than paying the actual damages and/or trying to settle with the Insureds, Universal is delaying a prompt resolution of the claim. Additionally, Universal has not attempted, in good faith, to settle this claim when, under the circumstances, it could and should have done so had it acted fairly and honestly toward the policyholder and with due regard to the policyholder’s interests. As a direct consequence of Universal’s failure to adjust this loss in good faith and make any supplemental payment, the Insureds continue to be without adequate compensation for the damages sustained at their Property. By stating the above detailed facts, Universal has violated the following Florida Statutes: • 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 Insureds and with due regard for their interest; when Universal significantly underpaid for the covered damages on the Insureds’ claim. • 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)(a) Failing to adopt and implement standards for the proper investigation of claims; • 626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims, by failing to respond to the Insureds’ public adjuster, and Insureds’ counsel with respect to supplemental requests for payments; • 626.9541(1)(i)(3)(f) Failing to promptly provide a reasonable explanation in writing to the Insureds and/or their public adjuster of the basis in the insurance policy, in relation to the facts or applicable law, for the offer of a compromise settlement; To date, Universal has in bad faith failed to provide a sufficient coverage determination to the Insureds. As a direct result of Universal’s significant underpayment of the claim and breach of Florida Statutes, the Insureds were forced to seek the help of legal counsel. Again, none of Universal’s letters to the Insureds and/or Insureds’ representative advised that any portion of the damages were excluded for any reason under policy. However, in response to the Complaint, Universal laid out numerous policy exclusions as affirmative defenses, for which they have no basis and were not part of their coverage decision. Due to the amount of time that has passed since the date of loss, the information discussed above is irrefutable evidence that Universal knowingly and intentionally, and in bad faith delays the claims process to further disadvantage the Insureds. The financial detriment caused to the Insureds is a direct result of Universal’s reckless treatment of the claims process. The Insureds submitted all documents requested in a timely fashion, made their property available for inspection, submitted supplemental invoices, estimates and requests. However, Universal failed at every step of the process to adequately establish or identify the basis of its gross mismanagement of the claim. To deny the Insureds the benefit clearly due and owing under the Policy, for which they have time and time again been making premium payments for and after they have satisfied all their obligations is morally and ethically reprehensible, and reeks of Unfair Claims Practice and Bad Faith. Upon information and belief, the actions complained of, among others, were made by Universal so often as to constitute a general business practice, evidencing a motive to enhance Universal’s profits, and designed to cause a detrimental effect to its policyholders. The above clearly shows that Universal adjusted this claim in bad faith and that Universal is in direct violation of Unfair Claims Practices. This notice is given to perfect the right to pursue the civil remedy authorized by Section 624.155, Florida Statutes, should Universal fail to cure the violations set forth in this Civil Remedy Notice within the given cure period. Therefore, to cure the defects outlined in this Civil Remedy Notice, Universal must: (1) Immediately tender all proceeds due and owing to the Insureds that are fairly owed to the Insureds under the insurance policy that would reasonably compensate the Insureds in order to put the loss property back to its pre-loss condition; (2) Agree to reimburse the Insureds reasonable attorneys’ fees and costs for having to become involved to resolve the claim; (3) Agree to reimburse the Insureds for interest on the amount of benefits that was found to be due and owing to the Insureds, relating back to the date of loss.
Comments
User Id Date Added Comment
oc1102@universalproperty.com 03-20-2025 March 20, 2025 VIA ELECTRONIC FILING Florida Department of Financial Services Bureau of Consumer Assistance Civil Remedy Section 200 East Gaines Street Tallahassee, FL 32399-0322 Re: DFS File No.: 804510 Filing Date: 1/31/2025 Complainant(s): Noris Izarra and Diego Rukoz Insured(s): Ulyana Noris Izarra and Diego Rukoz Policy No.: 1501-1903-1669 Claim No.: FL23-0123998 Dear Sir/Madam: Please allow this to serve as Universal Property & Casualty Insurance Company’s (“Universal”) formal response to the above-referenced Civil Remedy Notice (“Notice”) filed by Attorney, Ulyana Grichener, on behalf of Complainants Noris Izarra and Diego Rukoz. The Notice alleges violations of Sections 624.155 and 626.9541, Florida Statutes. Universal denies that it violated these or any statutes, Florida law, or policy provisions regarding the claim adjustment of this matter. With that said, Universal asserts that the Notice fails to comply with the specific notice and information requirements as set forth in Civil Remedy Notice of Insurer Violation document provisions, Section 624.155, Florida Statutes and Florida law. Here, the Notice fails to meet the requirements of Section 624.155, Florida Statutes on several grounds. First, the Notice fails to list the correct name of the Insureds as listed under the subject Policy and associated with the subject Claim. Second, the Notice fails to satisfy the requirement to identify the person or persons representing the insurer most responsible for or knowledgeable of the facts giving rise to the allegations. Third, the Notice fails to reference specific policy language relevant to the alleged violation. Fourth, with respect to the requirement to set forth with specificity the “facts and circumstances giving rise to the violation,” the Notice fails to allege specific conduct on the part of Universal that would violate any policy provision or statute. Lastly, the Notice fails to provide a proper means by which Universal can cure the alleged defects in the Notice. Therefore, the Notice is insufficient and fails to satisfy the condition precedent to filing a bad faith cause of action. See Pin-Pon Corp. v. Landmark American Ins. Co., 500 F. Supp. 3d 1336 (S.D. Fla. 2020); Julien v. United Property & Casualty Ins. Co., 311 So.3d 875 (Fla. 4th DCA 2021). Notwithstanding the above referenced deficiencies, the parties have reached an amicable resolution of the disputed claim. Throughout the handling of the Insureds’ claim, Universal has acted in good faith toward the interests of its Insureds. Universal has timely and fairly investigated the reported loss in accordance with Florida law, the policy provisions, and standard claims handling practices. Notwithstanding, any alleged dispute between the parties has been resolved via an amicable resolution of the disputed claim in exchange for a full Release of Claims. Universal is pending receipt of the original executed Release by the Insureds. Thus, it is Universal’s best understanding that the subject claim has been fully adjusted and resolved. Accordingly, the alleged statutory violations and factual allegations of wrongdoing set forth in the Notice are without merit. As previously noted, although the carrier strongly believes it has not been in violation of the Policy or law, circumstances giving rise to any alleged violation(s) have been corrected. We trust that the foregoing is sufficient to advise you of Universal’s position with regard to this matter and fully responds to the Notice. If there are any questions, please contact the undersigned. Sincerely, /s/ Ozzy Cudila Ozzy Cudila, Esq. Associate General Counsel
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