Filing Number: 807002
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| Filing Accepted: 2/15/2025 |
| Last/Business Name
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DARRAH
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First Name |
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MAXWELL |
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| Street Address
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845 SNOW QUEEN DR |
| City, State Zip
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CHULUOTA,
FL
32766
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| Email Address
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MAXDARRAH@GMAIL.COM |
| Complainant Type:
*
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Insured |
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| Last/Business Name* |
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DARRAH |
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First Name |
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MAXWELL |
| Policy # * |
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532047 |
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Claim #* |
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943234 |
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Attorney is Applicable
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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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HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.
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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 12944 |
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| Name of individual responsible for violation (if any):*
JACK DI GRADO DAISY PRINCESA AND ALL OTHER HOMEOWNERS CHOICE EMPLOYEES, REPRESENTATIVES, AGENTS, AND VENDORS WHO HANDLED THIS CLAIM
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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 Denial
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Unsatisfactory Settlement Offer
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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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| 626.9541(1)(i)(3)(a) |
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Failing to adopt and implement standards for the proper investigation of claims.
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| 626.9541(1)(i)(3)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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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.
SECTION I - PROPERTY COVERAGE Coverage A - Dwelling Protects against covered loss to your dwelling and structures attached to your dwelling. It also protects against covered loss to building materials located on your residence premises which are being used in connection with your residence premises. Coverage B - Other Structures Protects against covered loss to structures on your residence premises not physically attached to the dwelling.
b. Appraisal. If you and we fail to agree on the amount of loss, either may request an appraisal of the loss. However, both parties must agree to the appraisal. In this event, each party will choose a competent and impartial appraiser within 20 days after receiving a written request from the other. The two appraisers will choose an umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the “residence premises” is located. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. Each party will: (1) Pay its own appraiser; and (2) Bear the other expenses of the appraisal and umpire equally.
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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.
Maxwell Darrah (“the insured”) is a homeowner insured under a policy issued by Homeowners Choice Property & Casualty Insurance Company, Inc. (“Homeowners Choice”). The insured property is located at 845 Snow Queen Drive, Chuluota, FL 32766. On February 4, 2024, a severe hail and wind weather event caused significant damage to the insured’s property, including leaks in multiple rooms, blown-off shingles, hail damage to the shingles and vents on the roof, as well as hail damage to the exterior components such as window screens and gutters. Homeowners Choice has acknowledged the hail and wind damage to the roof, interior ceilings, gutters and window screens but has failed to issue an adequate estimate for repairs.
The insured promptly reported the loss and complied with all post-loss obligations under the policy. Despite clear and overwhelming evidence of covered damages, Homeowners Choice has failed to properly indemnify the insured, issuing an inadequate estimate of only $3,607.87, while the insured’s estimate, accurately reflects the necessary cost of repairs at $84,677.39. Florida Statute § 624.02 defines insurance as a contract to indemnify policyholders for damages based on determinable contingencies, requiring insurers to act in good faith, timely adjust claims, and make payments promptly. Additionally, Homeowners Choice’s policy contains an appraisal provision for resolving disputes regarding the scope of work necessary for repairs. The insured has exercised their contractual right to invoke appraisal to resolve the dispute, yet Homeowners Choice has refused to comply with this policy provision, further acting in bad faith. This refusal to honor the policy terms and fairly assess the full extent of damages constitutes a clear breach of contract and statutory obligations.
To cure this civil remedy notice and avoid further legal action, Homeowners Choice must immediately acknowledge full coverage under the insured’s policy, issue payment based on the insured’s estimate of $84,677.39, and comply with all Florida Statutes and policy provisions, including allowing appraisal for dispute resolution. Failure to act accordingly will result in additional damages, including interest, and potential punitive awards, and may necessitate legal action for bad faith.
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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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