Civil Remedy Notice of Insurer Violations
Login

Filing Number:     804908
Filing Accepted:  2/3/2025
         Print Filing
Complainant
Last/Business Name *  
BOBB-JOHN   First Name   AVIANNE
Street Address * 4027 MEANDERING COURT
City, State Zip * ORLANDO, FL 32822
Email Address * INTAKE2@THEKRFIRM.COM
Complainant Type: * Insured
Insured
Last/Business Name*   BOBB-JOHN   First Name   AVIANNE
Policy # * 76266-89-94 Claim #* 7008134986-1
Attorney
Attorney is Applicable
Last Name* KADIR First Name * ALI Initial A.
Street Address* 986 DOUGLAS AVE, STE. 102
City, State Zip* ALTAMONTE SPRINGS , FL 32714
Email Address * INTAKE2@THEKRFIRM.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   TRUCK INSURANCE EXCHANGE
NAIC Company Code 21709
 
Name of individual responsible for violation (if any):* GREGORY S. KRABBENHOFT AND ALL TRUCK CLAIMS ADJUSTERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, AND/OR ENGINEERS WHO HANDLED THE CLAIM.
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
Other : Misrepresentation
* 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)(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).
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

“We insure against accidental direct physical loss or damage to the property described in Coverages A and B. . . .”
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Avianne Bobb-John is a homeowner insured with a policy issued by Truck Insurance Exchange (“Truck”). The insured property or home is located at 4027 Meandering Court, Orlando, Florida 32822. In September of 2024, a kitchen pipe leak caused extensive damage to Ms. Bobb-John’s home. Ms. Bobb-John timely reported an insurance claim for this damage to Truck and fully cooperated with all requests for inspections. She provided all requested documentation, if any, and complied with all post loss policy conditions. After reporting the claim, Truck retained an unqualified and biased field adjuster who has a financial relationship with Truck. This field adjuster inspected Ms. Bobb-John’s home in an apparent effort to minimize Truck’s losses instead of adjusting the claim in good faith in due regard for Ms. Bobb-John’s interests. Despite Truck finding coverage for her claim, it significantly undervalued Ms. Bobb-John’s claim at only $4,370.09. Due to such, Ms. Bobb-John has not been able to permanently repair her home. Indeed, invoice for EMS services and replacing the dishwasher as well as an estimate for repair of all damages were prepared on behalf of Ms. Bobb-John totaling $42,097.61 and were submitted to Truck; well above the amount from Truck. Based on these facts, it is clear Truck unreasonably denied full coverage for Ms. Bobb-John’s claim in bad faith through its extremely low and unreasonable undervaluation of her claim. Had Truck conducted a reasonable investigation based upon the available information, it would have been evident that affording greater coverage and issuing a substantially higher payment is warranted. Instead, it failed to adopt and implement standards for proper claim investigation as well as misrepresented pertinent policy provisions/facts rather than act fairly and/or honestly with Ms. Bobb-John in due regard for her interests. Truck also delayed the claim and failed to timely respond to communications. This has become a common business practice of Truck. Florida Statute § 624.02 defines insurance as a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit based on determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that insureds may mitigate their damages and be put back into the position they were in prior to the loss as quickly as possible. Truck has breached this duty by refusing to properly and timely adjust the loss. As a result, Ms. Bobb-John will have no choice but to retain the undersigned counsel to file a lawsuit against Truck. Truck has more than enough information and is still refusing to accept coverage for this claim. This continued and repeated reckless claim delay and denial of coverage will result in a significant punitive damage award if a bad faith lawsuit is filed. Truck can avoid a lawsuit for bad faith by immediately accepting full coverage under the subject insurance policy for this claim and by paying Ms. Bobb-John based on her $42,097.61 estimate and invoices.
Comments
User Id Date Added Comment
Intake2@thekrfirm.com 03-18-2025 The insured would like to withdraw the notice due to an agreement between the parties.
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