Civil Remedy Notice of Insurer Violations
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Filing Number:     806277
Filing Accepted:  2/11/2025
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Complainant
Last/Business Name *  
MEHMOOD   First Name   RASHID & GREGORY CAIAZZO
Street Address * 249 8TH AVE N.
City, State Zip * ST. PETERSBERG, FL 33701
Email Address * JIM@JENKINSLAWPL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   MEHMOOD   First Name   RASHID & GREGORY CAIAZZO
Policy # * 79-CH-P113-6 Claim #* 59-75R9-12M
Attorney
Attorney is Applicable
Last Name* JENKINS, III First Name * JAMES Initial
Street Address* 275 96TH AVE N., SUITE 5
City, State Zip* ST. PETERSBERG , FL 33702
Email Address * JIM@JENKINSLAWPL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   STATE FARM FLORIDA INSURANCE COMPANY
NAIC Company Code 10739
 
Name of individual responsible for violation (if any):* COURTNEY LEWIS AS WELL ANY AND ALL OTHER ADJUSTERS AND/OR REPRESENTATIVES HIRED BY STATE FARM THAT WERE INVOLVED IN THE CLAIMS PROCESS
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
Other : Not adjusting claims and evaluating the loss properly, promptly, and fairly
* 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.
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)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

The general policy language believed to be relevant to the violations alleged includes, but is not limited to:1) those related to the dwelling damages; 2) those related to the loss of use and/or ALE damages; 3) those related to the insurer's duty to acknowledge the loss and/or claim; 4) those related to the insurer’s duty to adjust the loss and/or claim; and 5) those related to the insurer’s duty to act on and timely pay claims. More specifically as follows: SECTION I – PROPERTY COVERAGES 1. Dwelling. We cover the dwelling and materials and supplies located on or adjacent to the residence premises for use in the construction, alteration, or repair of the dwelling or other structures on the residence premises. 2. Other Structures. We cover other structures on the residence premises, separated from the dwelling by clear space. Structures connected to the dwelling by only a fence, utility line, or similar connection are considered to be other structures. *** COVERAGE C – LOSS OF USE The most we will pay for the sum of all losses combined under Additional Living Expense, Fair Rental Value, and Prohibited Use is the limit of liability shown in the Declarations for Coverage C – Loss of Use. 1. Additional Living Expense. When a loss caused by a peril described in SECTION I – LOSSES INSURED causes the residence premises to become uninhabitable, we will pay the reasonable and necessary increase in cost incurred by an insured to maintain their normal standard of living for up to 24 months. Our payment is limited to incurred costs for the shortest of: a. the time required to repair or replace the premises; b. the time required for your household to settle elsewhere; or c. 24 months. This period of time is not limited by the expiration of this policy. *** SECTION I – ADDITIONAL COVERAGES The following Additional Coverages are subject to all the terms, provisions, exclusions, and conditions of this policy. 3. Trees, Shrubs, and Landscaping. We will pay for accidental direct physical loss to outdoor: a. trees, shrubs, live or artificial plants, and lawns; b. artificial grass; and c. hardscape property used for aesthetic purposes not permanently affixed to realty; *** SECTION I – LOSS INSURED COVERAGE A – DWELLING We will pay for accidental direct physical loss to the property described in Coverage A, unless the loss is excluded or limited in SECTION I – LOSSES NOT INSURED or otherwise excluded or limited in this policy. *** SECTION I – LOSS ETTLEMENT COVERAGE A – DWELLING Only the Loss Settlement Provisions shown in the Declarations apply. We will settle covered property losses according to the following. However, the valuation of any covered property losses does not include, and we will not pay, any amount for diminution in value COVERAGE A – DWELLING 1. A1 – Replacement Cost Loss Settlement – Similar Construction. a. We will pay the cost to repair or replace with similar construction and for the same use on the premises shown in the Declarations, the damaged part of the property covered under SECTION I – PROPERTY COVERAGES, COVERAGE A – DWELLING, except for wood fences, subject to the following: ( 1) we will pay only the actual cash value at the time of the loss prior to repair or replacement of the damaged part of the property, up to the applicable limit of liability shown in the Declarations, not to exceed the cost to repair or replace the damaged part of the property; (2) in addition, we will pay any remaining covered additional amounts you actually and necessarily incur to perform such repair or replacement as work is performed and expenses are incurred and submitted, or an amount up to the applicable limit of liability shown in the Declarations, whichever is less. There will be no deduction for depreciation; *** SECTION I – CONDITION 8. Loss Payment We will adjust all losses with you.. We will pay you unless some other person is named in the policy or is legally entitled to receive payment. *** HO-2570 FUNGUS(INCLUDING MOLD) LIMITED COVERAGE ENDORSEMENT SECTION I – ADDITIONAL COVERAGES Remediation of Fungus a. If fungus is the result of a covered cause of loss, we will pay for: (1) any loss of use or delay in rebuilding, repairing or replacing covered property, including any associated cost or expense, due to interference at the residence premises or location of the rebuilding, repair, or replacement, by fungus; (2) any remediation of fungus, including the cost or expense to: (a) remove the fungus from covered property or to repair, restore, or replace that property; or (b) tear out and replace any part of the building or other property as needed to gain access to the fungus; (3) the cost of any testing or monitoring of air or property to confirm the type, absence, presence or level of fungus, whether performed prior to, during or after removal, repair, restoration or replacement of covered property. ***
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

This claim arises from an insurance dispute as the result of a loss at Gregory Caiazzo and Rashid Mehmood’s property located at 249 8th Ave N. St Petersburg, FL 33701 (“Property”), as a result of a Hurricane Milton which occurred on or about October 9, 2024. Damage from Hurricane Milton is a covered peril pursuant to the subject insurance policy between Gregory Caiazzo and Rashid Mehmood (“Insureds”) and State Farm Florida Insurance Company (“State Farm”). Following State Farm’s investigation into the claimed damage at the Property, on November 12, 2024, State Farm partially accepted coverage and partially denied coverage of the claim. Specifically, State Farm only accepted coverage for the dwelling’s roof, fence, and pavers and issued payment totaling $4,471.75 after applying the policy’s deductible of $7,944 and recoverable depreciation of $5,736.06. State Farm improperly denied coverage to the interior master bedroom suite based upon an exclusion related to surface and subsurface water despite being provided with photographs and videos showing that the water entered the property from above, not below. As such, State Farm has violated 626.9541(1)(i)(3)(d). On November 21, 2024, State Farm was provided with invoices, estimates and receipts relating to the claimed damages. These receipts, invoices, estimates included costs for repairs to pavers ($1,250.00); costs for a roof replacement ($13,970); mold remediation and demo of master suite ($6,847.31); fence repairs ($875.00 and $3,875.80); landscape repairs ($755.00); interior master suit repairs ($24,882.50); mold testing ($1,250.00 and $650.00); AC repairs ($2,100); loss of use/ALE expenses ($2,500.00); and additional receipts from Amazon.com for out of pocket expenses ($53.78, $250.38, and $197.80). Since being provided with these documents, State Farm has not taken any additional steps to evaluate the claim nor has State Farm issued any additional payments or provided any additional communication notifying the Insureds of additional information necessary for the processing of a claim in violation of 624.155(1)(b)(1), 626.9541(1)(i)(3)(c), and 626.9541(1)(i)(3)(g). On November 26, 2024, State Farm was provided with an executed Sworn Proof of Loss totaling $74,515.97 after the application of the deductible. With the proof of loss, State Farm was again provided with invoices, estimates and receipts relating to the claimed damages. These receipts, invoices, estimates included cost to the interior master suit for repairs ($24,882.50); repairs to the master suit closet ($11,225.85); costs for a roof replacement ($13,970); fence repairs ($875.00 and $3,875.80); landscape repairs ($755.00); loss of use/ALE expenses ($2,500.00); mold remediation and demo of master suite ($6,847.31); AC repairs ($2,100); mold testing ($1,250.00 and $650.00); and receipts from Amazon.com for out of pocket expenses ($53.78, $250.38, and $197.80). Other than acknowledging receipt of the proof of loss, State Farm has not taken any additional steps to evaluate the claim nor has State Farm issued any additional payments or provided any additional communication notifying the Insureds of additional information needed to process the claim in violation of 624.155(1)(b)(1), 626.9541(1)(i)(3)(c), and 626.9541(1)(i)(3)(g). On January 23, 2025, State Farm was provided with the Insureds’ professional engineer report that found that the damage to the master suite was a direct result of the hurricane. Specifically, the professional engineer found that wind damaged the structure's doors and compromised their seals which allowed water to enter and cause the claimed damages to the master bedroom suite. Furthermore, along with the report, State Farm was provided with correspondence again requesting State Farm to issue payment related to the above mentioned invoices, receipts, and estimates along with payment under Coverage C – Loss of Use. Despite being provided with this report and correspondence, State Farm has not taken any additional steps to evaluate the claim nor has State Farm issued any additional communication whatsoever in violation of 626.9541(1)(i)(3)(c) and 626.9541(1)(i)(3)(g). Moreover, it is clear that State Farm has failed adopt and implement standards for the proper investigation of claims in violation of 626.9541(1)(i)(3)(a). State Farm has also clearly violated 626.9541(1)(i)(3)(b), as it has misrepresented pertinent facts and insurance policy provisions in order to not settle this claim in good faith. Specifically, State Farm has attempted to misconstrue and misrepresent facts related to the cause of the damages to the master bedroom suite in order to avoid payment of a valid covered claim under the Policy. As such, this notice is given in order to perfect the right to pursue the civil remedy authorized by section 624.155, Florida Statutes. It is clear that State Farm l has not acted honestly or fairly towards its Insureds. In Florida, the work of adjusting insurance claims engages the public trust. State Farm has breached this duty in the adjustment of the Insureds’ claim of loss. State Farm has failed and/or refused to thoroughly, accurately, and completely investigate, evaluate, and pay the Insureds’ insurance claim for damages. State Farm has failed to tender all monies due and owing to the Insureds for the damage caused to the Property. State Farm and its adjusters have also misrepresented the scope and cause of damages to the residence in order to ensure its valuation of the claim despite being presented with estimates, quotes, photographs, videos, and an engineering report that support the Insureds’ claim for damages. As is the case here, it has become a general business practice of State Farm to not implement proper claims handling procedures, to hire consultants that routinely ignore or intentionally misidentify relevant evidence, and to not settle claims in good faith when under all circumstances it should have. State Farm regularly undervalues claims in order to avoid issuing payment on losses that it knows are covered under the policy. State Farm also routinely refuses to pay claims in full when it has the ability to do so and waits to see if its Insureds contest the coverage determination by filing a lawsuit, as was necessary here. As such, State Farm l has developed this deliberate strategy in order to deter its Insureds from challenging its coverage determinations, hinder their ability to seek payment for monies owed under the policy, and is deliberately taking advantage of the delays caused by the influx of cases within the court system. As is the case here, the Insureds have provided State Farm with a multitude of documentation to support that their damages exceed the undisputed amount determined by State Farm and despite same, State Farm has failed to make any additional payment, failed to communicate with the Insureds/Insureds’ representatives, and has failed to make any type of satisfactory settlement offer. This causes unnecessarily delays in resolution of its claims and leaves claimants, like the Insureds, with no choice but to incur further time and expense just to be fully indemnified pursuant to the terms of their contract with the Insurer. State Farm has completely abdicated its duty to adjust and has put the onus on its Insureds to incur additional costs in order for the Insureds to be able to recover insurance benefits that State Farm knows are owed. This is wrongful conduct and directly violates the purpose of insurance coverage. Additionally, there may be further wrongful conduct which has not been made known to the Insured at this moment. Certain conduct or actions may be discovered throughout discovery or cannot be verified without a review of the State Farm claim file and standards and procedures for the adjustment and investigation of claims. Furthermore, on February 5, 2025, the Insureds’ attorney/representative reached out to State Farm to obtain a status of the claim and in that correspondence, State Farm was provided with receipts of the expenses and cost incurred in relation to repairs. Specifically, State Farm was provided with receipts from fence repairs ($875.00 and $3,875.80); receipts from landscape repairs ($1,055.00); receipts from drywall repairs to master bedroom ($800, $1,300, $2,228.16 and $3,560.00); and an additional Loss of Use/ALE expenses/receipts ($3,720, $528.84, $3,360). State Farm has not yet acknowledged this correspondence, responded, or provided any payments. However, the Insureds understand that it has only been 6 calendar days since this correspondence was issued. To cure the defects outlined in this Civil Remedy Notice, State Farm must do the following: 1. Cease and desist all present and future bad faith actions with regard to the claim; 2. Immediately communicate with the Insureds attorney/representative and notify the Insureds’ attorney/representative of any additional information necessary for the processing of a claim, if any; 3. Release the recoverable depreciation amount of $5,736.06 4. Tender payment for the additional amounts of damages caused by the loss that are due and owing under the Policy including expenses identified above and all accrued interest due and owing under all applicable Florida Statutes. While the Insureds are requesting that the above be done to “cure” this Civil Remedy Notice, the Insureds would be willing to consider, and may accept, any reasonable counteroffer. Therefore, if State Farm disagrees with the requests, the Insureds request that State Farm make a counteroffer before the end of the “cure period” and provide supporting documentation for any such offer so that they may understand any discrepancies that could exist.
Comments
User Id Date Added Comment
chood@tlsslaw.com 04-10-2025 April 10, 2025 Gregory Caiazzo & Rashid Mehmood c/o James Jenkins, III, Esq. Jenkins Law P.L. 275 96th Ave N., Suite 5 St. Petersburg, FL 33702 jim@jenkinslawpl.com RE: Insureds : Gregory Caiazzo & Rashid Mehmood Claim No. : 59-75R9-12M Policy No. : 79-CH-P113-6 Date of Loss : October 9, 2024 DFS Filing No. : 806277 DFS Acceptance : February 11, 2025 Dear Mr. Jenkins: This law firm has the pleasure of representing State Farm Florida Insurance Company (“State Farm”). State Farm is in receipt of the above-referenced Civil Remedy Notice of Insurer Violations (“Notice”). The Florida Department of Financial Services assigned Filing Number 806277 and an acceptance date of February 11, 2025. The Notice alleges “Claim Denial,” “Claim Delay,” “Unsatisfactory Settlement Offer,” “Unfair Trade Practice” and “Not adjusting claims and evaluating the loss properly, promptly, and fairly.” The Notice further alleges violations of Fla. Stat. §§ 624.155(1)(b)(1), and 626.9541(1)(i)(3)(a), (b), (c), & (g). State Farm respectfully and categorically denies without limitation each and every allegation within the Notice, including but not limited to the alleged violations of the cited provisions of Florida law. State Farm further denies any and all stated, implied, and/or unspecified allegations, including but not limited to denying any and all allegations of alleged improper claim handling, inadequate investigation, improper delay or denial, failing to adequately and promptly communicate, failing to provide reasonable explanations, failing to affirm or deny or acknowledge coverage, making misrepresentations, general business practices, unfair or deceptive trade practices, and/or unsatisfactory settlement offers or practices, and the like, whether or not specifically alleged by the Notice. State Farm has not violated any applicable provision of Florida law in the handling of this claim. The purpose of a Civil Remedy Notice is to provide an Insurer with a chance to settle the claim and avoid unnecessary litigation. See The Heritage Corporation of South Florida v. National Union Fire Insurance Company of Pittsburgh, P.A., 580 F. Supp. 2d 1294 (S.D. Fla. 2008). In furtherance of this purpose, Florida Statute § 624.155(3)(b) requires a Civil Remedy Notice “state with specificity” the statutory provision allegedly violated, the facts and circumstances giving rise to the violation, the name of any individual involved in the violation, and the specific policy language relevant to the violation. As detailed below, the Notice does not satisfy the requirements of Fla. Stat. § 624.155(3)(b). The Notice fails to reference with specificity the policy language allegedly violated, and does not state specific facts for any of the Complainant’s allegations. Rather than include the specifics required by Statute, when asked to identify the specific policy language relevant to the alleged violations, the Notice simply refers to the factual allegations with no citation to any policy language. In Julien v. United Property & Casualty Ins. Co., 311 So. 3d 875 (Fla. 4th DCA 2021), the Fourth District Court of Appeal affirmed the trial court’s dismissal with prejudice of the plaintiff’s case, ruling a civil remedy notice failed to satisfy the statutory requirement to identify the specific statute and specific policy provision relevant to the alleged violation. This Notice is noticeably lacking in this requirement. Further, the Notice does not provide an explanation as to how State Farm failed to comply with the terms of the policy with specific factual support or specific language in the policy pertaining to the alleged incident. Without providing any policy language, further analysis or discussion of how the policy was violated is in direct contradiction to Florida Statute § 624.155(3)(b). Additionally, the “facts and circumstances” section of the Notice is not in compliance with Florida law. Contrary to the requirements of Florida Statutes, the Notice makes baseless and boilerplate accusations, and contains minimal specific facts supporting the violations alleged. The Notice alleges that State Farm violated Florida Statute §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. The Notice fails to address any factual support for this alleged violation. Rather, the Notice simply alleges that State Farm has “failed to tender all monies due and owing to the Insureds.” Disagreement with the coverage decision does not mean that State Farm conducted an improper investigation. The Notice alleges that State Farm violated Florida Statute §626.9541(1)(i)(3)(a) – Failing to adopt and implement standards for the proper investigation of the claim. However, the body of the Notice fails to describe what was done that was allegedly an improper investigation. The Notice fails to cite to any authority for what a proper investigation should be. It is simply a vague generalized allegation. The Notice alleges that State Farm violated Florida Statute §626.9541(1)(i)(3)(b) – Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. The Notice does not cite to any specific misrepresentation that State Farm allegedly committed. Further, there is no citation to any policy provisions which State Farm misrepresented. Instead, the Notice makes unsubstantiated claims of wrongs that State Farm allegedly committed. The Notice alleges that State Farm violated Florida Statute §626.9541(1)(i)(3)(c) – Failing to acknowledge and act promptly upon communications with respect to claims. The Notice makes baseless allegations without factual support as there were no communications that State Farm failed to acknowledge. The Notice alleges that State Farm violated Florida Statute §626.9541(1)(i)(3)(g) – Failing to promptly notify the insured of any additional information necessary for the processing of a claim. The Notice simply stated that State Farm has failed or refused to pay full value to protect and return property to pre-loss. The Notice does not acknowledge correspondence regarding the investigation or further information requests from State Farm. As such, this is a baseless allegation without factual support. Overall, the Notice does not provide factual support for various allegations listed above, including but not limited to how State Farm has engaged in claim delay, given the amount of time between the first notice of the claim and the determination of a coverage decision. The Notice then makes broad, sweeping generalities about what is apparently believed to a contrived action to deprive the Insured of the right to recover benefits. Further, the Notice fails to provide a clear reasonable means by which State Farm can “cure” the alleged wrongdoing. The Notice states: 1) Cease and desist all present and future bad faith actions with regard to the claim; 2) Immediately communicate with the Insureds attorney/representative and notify the Insureds’ attorney/representative of any additional information necessary for the processing of a claim, if any; 3) Release the recoverable depreciation amount of $5,736.06; 4) Tender payment for the additional amounts of damages caused by the loss that are due and owing under the Policy including expenses identified above and all accrued interest due and owing under all applicable Florida Statutes. While the Notice lists a variety of amounts produced by the Insureds’ attorney, it appears to state that State Farm can “cure” the Notice by tendering full benefits despite the fact that, as pointed out in the Notice, State Farm partially accepted coverage. Any possible cure is illusory in that it consists of a demand without any basis in the policy as to coverage but simply alludes to the fact that it needs to be accepted in full. The Notice also fails to specify what “additional amounts” are due and owing and the amount sought for “accrued interest” under unspecified Florida Statutes. There is no specificity as to what payment would be required to constitute a cure of the alleged violations in the Notice. As such, the Notice is facially insufficient as it does not fulfill the legislative purpose of giving the insurer notice of the contractual amounts due, or provide a bona fide opportunity to “cure” the alleged wrongdoing as required by law. See Talat Enterprises, Inc. v. Aetna Casualty & Surety Company, 753 So.2d 1278 (Fla. 2000). See Heritage Corp. of S. Fla. v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, 580 F. Supp. 2d 1294, 1300 (S.D. Fla. 2008), aff'd, 361 F. App'x 986 (11th Cir. 2010); Cady & Cady Studios, Inc. v. State Farm Fire & Cas. Co., 320 F. Supp. 3d 1283, 1285 (N.D. Fla. 2018) (noting that "an opportunity to cure' is a prerequisite to suit); Adega v. State Farm Fire & Cas. Ins. Co., No. 07-20696-CIV, 2008 WL 11333855, at *1 (S.D. Fla. May 9, 2008) "the condition precedent 'must be satisfied in order for one to perfect the right to sue under the statute.' "). It is important to note that while an insurance company is required to settle claims that should be settled, it is not required to settle claims that are legitimately contested. Florida law continually affirms the principle that an insurer has the right to investigate claims presented for payment. An insurance company is expressly afforded an opportunity to evaluate its rights and liabilities. Neither the subject policy nor Florida law provide that an insurer must accept whatever demand for repairs it is provided by its insureds as the amount necessary to repair a loss. Contrary to the allegations in the Notice, State Farm acted promptly, responsibly, and in good faith at every opportunity in connection with this claim. The failure to provide any factual support for the alleged violations of Florida statutory and administrative law and otherwise comply with the requirements of Florida Statute § 624.155, renders the Notice deficient and in violation of Florida Statute § 624.155. The following claim history summary demonstrates that State Farm has acted responsibly and in good faith during the investigation of the Insured’s claim: On or about October 21, 2024, State Farm received notice of a claim for damage due to Hurricane Milton to the property located at 249 8th Ave N, St. Petersburg, FL 33701 (“Property”), with a reported date of loss of October 9, 2024. State Farm immediately acknowledged the claim and sent correspondence dated October 22, 2024 advising the Insureds that State Farm would continue the claim process and contact them shortly for additional information if needed. State Farm then sent correspondence to the Insureds, dated October 25, 2024, advising of the policy requirement to protect the property from further damage or loss and make reasonable and necessary temporary repairs, and a separate letter advising of the Homeowner Claims Bill of Rights. On October 26, 2024, State Farm sent additional correspondence acknowledging receipt of photos of a fence that were provided by the Insureds. On October 27, 2024, Seek Now performed an inspection of the roof and exterior on behalf of State Farm. State Farm then inspected the interior on November 11, 2024. Following the inspections, State Farm prepared an estimate of covered damages totaling $18,151.81 for repairs to the roof, pavers, and vinyl fencing at the Property. A copy of the DFS mediation letter was sent to the Insureds on November 11, 2024, and in correspondence dated November 19, 2024 State Farm advised the Insureds of its coverage determination. The letter stated that coverage for damage caused by wind was outlined in the State Farm estimate and State Farm issued payment of $4,471.75, which was the total of State Farm’s estimate less the policy hurricane deductible and recoverable depreciation. The letter also advised that, based on the results of discussions, site inspection, and investigation, the damage to the pool house interior was due to surface and subsurface water and there was no accidental direct physical loss from wind to the pool roof, garage roof, or exterior elevation of the home other than what was outlined in the estimate. Wear, tear, and deterioration were also noted during the inspection and the letter cited to the following applicable Policy provisions: SECTION I – LOSSES INSURED COVERAGE A – DWELLING We will pay for accidental direct physical loss to the property described in Coverage A, unless the loss is excluded or limited in SECTION 1-LOSSES NOT INSURED or otherwise excluded or limited in this policy. However, loss does not include and we will not pay for, any diminution in value. SECTION I - LOSSES NOT INSURED 1. We will not pay for any loss to the property described in Coverage A that consists of, or is directly and immediately caused by, one or more of the perils listed in items a. through m. below, regardless of whether the loss occurs abruptly or gradually, involves isolated or widespread damage, arises from natural or external forces, or occurs as a result of any combination of these: …. g. wear, tear, decay, marring, scratching, deterioration, inherent vice, latent defect, or mechanical breakdown; However, we will pay for any resulting loss from items a. through l. unless the resulting loss is itself a Loss Not Insured as described in this Section. * * * * 2. We will not pay for, under any part of this policy, any loss that would not have occurred in the absence of one or more of the following excluded events. We will not pay for such loss regardless of: (a) the cause of the excluded event; or (b) other causes of the loss; or (c) whether other causes acted concurrently or in any sequence with the excluded event to produce the loss; or (d) whether the event occurs abruptly or gradually, involves isolated or widespread damage, occurs on or off the residence premises, arises from any natural or external forces, or occurs a s a result of any combination of these: … c. Water, meaning: (1) Flood; (2) Surface water. This does not include water solely caused by the release of water from a swimming pool, spigot, sprinkler system, hose, or hydrant; (3) Waves (including tidal wave, tsunami, and seiche); (4) Tides or tidal water; (5) Overflow of any body of water (including any release, escape, or rising of any body of water, or any water held, contained, controlled, or diverted by a dam, levee, dike, or any type of water containment, diversion, or flood control device); (6) Spray or surge from any of the items c.(1) through c.(5) described above, all whether driven by wind or not; (7) Water or sewage from outside the residence premises plumbing system that enters through sewers or drains, or water or sewage that enters into and overflows from within a sump pump, sump pump well, or any other system designed to remove subsurface water that is drained from the foundation area; (8) Water or sewage below the surface of the ground, including water or sewage that exerts pressure on, or seeps or leaks through a building structure, sidewalk, driveway, swimming pool, or other structure; or (9) Material carried or otherwise moved by any of the water or sewage, as described in items c.(1) through c.(8) above. However, we will pay for any accidental direct physical loss by fire, explosion, or theft resulting from water, provided the resulting loss is itself a loss insured. * * * * 3. We will not pay for, under any part of this policy, any loss consisting of one or more of the items below. Further, we will not pay for any loss described in paragraphs 1. and 2. immediately above regardless of whether one or more of the following: (a) directly or indirectly cause, contribute to, or aggravate the loss; or (b) occur before, at the same time, or after the loss or any other cause of the loss: a. conduct, act, failure to act, or decision of any person, group, organization, or governmental body whether intentional, wrongful, negligent, or without fault; b. defect, weakness, inadequacy, fault, or unsoundness is: (1) planning, zoning, development, surveying, or siting; (2) design, specifications, workmanship, repair, construction, renovation, remodeling, grading, or compaction; (3) materials used in repair, construction, renovation, remodeling, grading, or compaction; or (4) maintenance; of any property (including land, structures, or improvements of any kind) whether on or off the residence premises; or c. weather conditions. However, we will pay for any resulting loss from items 3.a., 3.b., and 3.c. unless the resulting loss is itself a Loss Not Insured as described in this Section. * * * * The letter concluded by advising that the Policy required the Insureds to protect the Property from further damage, as outlined in the Policy’s Conditions language. On November 11, 2024, State Farm sent correspondence acknowledging receipt of the Insureds’ counsel’s letter of representation. Thereafter, State Farm received various documents from the Insureds’ counsel on multiple dates including, but not limited to, on or around November 26, 2024, February 18, 2025, and March 3, 2025. State Farm sent correspondence on February 12, 2025 acknowledging receipt of information received on or about February 5, 2025, and advised that State Farm would respond accordingly once its review of the material was completed. State Farm sent follow-up correspondence, dated February 18, 2025, acknowledging receipt of documentation received on November 21, 2024, November 26, 2024, January 23, 2025, and February 5, 2025, and advised that the claim was still under investigation. Thereafter, this Notice was filed on February 11, 2025. State Farm sent correspondence on or about March 26, 2025, requesting clarification on all previously submitted documentation, whether any documentation was unaccounted for, and also requesting any such missing documentation immediately for State Farm’s evaluation of the claim. The letter also requested any additional information the Insureds believed to be relevant to the above-referenced claim for consideration pursuant to the Policy Conditions below: SECTION I – CONDITIONS . . . 2. Your Duties After Loss. After a loss to which this insurance may apply, you must cooperate with us in the investigation of the claim and also see that the following duties are performed: . . . b. protect the property from further damage or loss and also: (1) make reasonable and necessary temporary repairs required to protect the property; (2) take reasonable and necessary actions to preserve and retain any damaged property; and (3) keep an accurate record of repair expenses; c. prepare an inventory of damaged or stolen personal property: (1) showing in detail the quantity, description, age, replacement cost, and amount of loss; and (2) attaching all bills, receipts, and related documents that substantiate the figures in the inventory; d. as often as we reasonably require: (1) exhibit the damaged property; (2) provide us with any requested records and documents and allow us to make copies; (3) while not in the presence of any other insured: (a) give statements; and (b) submit to examinations under oath; and (4) produce employees, your representatives, including public adjusters, members of the insured’s household, or others for examination under oath to the extent it is within the insured’s power to do so; * * * * HOMEOWNERS AMENDATORY ENDORSEMENT (Florida) This endorsement modifies insurance provided under the following: HOMEOWNERS POLICY . . . SECTION I – CONDITIONS Under item 2., Your Duties After Loss, items a., e., and f. are replaced by the following: a. give notice to us or our agent as soon as possible, and also notify: . . . e. after notifying us or our agent of the loss, within 60 days, submit to us your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: (1) the time and cause of loss; (2) interest of the insured and all others in the property involved and all encumbrances on the property; (3) other insurance which may cover the loss; (4) changes in title or occupancy of the property during the terms of this policy; (5) specifications of any damaged structure and detailed estimates for repair of the damage; (6) an inventory of damaged or stolen personal property in 2.c.; (7) receipts for additional living expenses incurred and records supporting the fair rental value loss; and (8) evidence or affidavit supporting a claim under SECTION I – ADDITIONAL COVERAGES, Credit Card, Bank Fund Transfer Card, Forgery, and Counterfeit Money coverage, stating the amount and cause of loss; and . . . * * * * State Farm also requested re-inspection of the Property, pursuant to the Policy Conditions cited above, with a licensed professional engineer and provided availability for immediate coordination. After no response was received, a follow-up email was sent to the Insureds’ counsel on March 28, 2025 reiterating the request for the re-inspection. On March 31, 2025, upon receipt of correspondence from the Insureds’ counsel advising that all repairs were complete, State Farm immediately requested pre- and post-repair documentation and photos for State Farm’s evaluation. State Farm also reiterated its request for clarification on all previously submitted documentation, whether any documentation was unaccounted for, and also requested any such missing documentation immediately for State Farm’s evaluation. To date, State Farm has not received a response from the Insureds’ counsel in response to its request for clarification and additional documentation and information regarding the above-referenced claim. State Farm has and continues to comply with both Florida law and the applicable policy of insurance throughout the entire handling of this claim. It is abundantly clear, as outlined above, that with regard to the investigation and handling of this claim, State Farm’s actions were prompt, thorough, and conducted in good faith. Therefore, State Farm specifically denies each and every violation alleged in the Notice. We trust this response addressed all concerns raised by the Notice. However, please do not hesitate to contact us should you require additional information. This letter is not intended and shall not be taken to be a waiver of any of the provisions or conditions of the policy nor of any of your obligations there under, nor of any defense now or hereinafter available to State Farm. State Farm looks forward to receiving additional information regarding the Notice, and remains hopeful that any misunderstandings or issues can be resolved. If you have any other questions, please feel free to contact me at your convenience. Sincerely, BURKS A. SMITH, III SUSAN L. DENG
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