Civil Remedy Notice of Insurer Violations
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Filing Number:     807145
Filing Accepted:  2/17/2025
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Complainant
Last/Business Name *  
DAVISSON   First Name   ALAN AND MA CLAUDETTE
Street Address * 1510 CREEK POINT BLVD
City, State Zip * JACKSONVILLE, FL 32218
Email Address * ACLD1111@YAHOO.COM
Complainant Type: * Insured
Insured
Last/Business Name*   DAVISSON   First Name   ALAN AND MA CLAUDETTE
Policy # * KIN-HO-FL-276376575 Claim #* HO-3215245
Attorney
Attorney is Applicable
Last Name* HERRING First Name * MICHAEL Initial S
Street Address* 1101 WEST FIRST STREET
City, State Zip* SANFORD , FLORIDA 32771
Email Address * SCOTTHERRINGLAW@GMAIL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   KIN INTERINSURANCE NETWORK
NAIC Company Code 16603
 
Name of individual responsible for violation (if any):* LATIERRA MARTIN-WEST (FL LICENSE # W138358) AND JACOB DUVALL (FL LIC #: W405557
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Unfair Trade Practice
* 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)(d) Denying claims without conducting reasonable investigations based upon available information.
* 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 following policy provisions are relevant to this civil remedy notice. Section 1 – Coverage A – Perils Insured Against Section 1- Conditions – Loss Settlement Section 1 – Conditions - Loss Payment. A certified copy of the policy of insurance was requested in a letter of representation attached to the Notice of Intent to initiate litigation. The insurer failed to provide a copy of the policy of insurance, therefore, the exact language is unknown.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

On or about September 12, 2024, the property of Alan and Ma Claudette Davisson (the “Insured”) was damaged by a storm event due to wind/hail damage. Prior to the loss, Kin Insurance Company (“Kin”) issued a policy of insurance (Policy No.:KIN-HO-FL-276376575) for the Insured property. Said policy, which was in full force and effect on the date of loss, afforded to protect insureds’ property against wind and or hail damage. Following the loss, the Insureds notified Kin of the damage the property sustained as a result of the storm event immediately following notice that the property was damaged. On September 17, 2024, the insured’s opened a claim under claim number HO-3215245 and the claim was assigned to claims examiner Latierra Martin-West (FL license # W138358). Kin was afforded the opportunity to freely inspect the property, and Kin had a representative of Swift 360 inspect the roof. On October 2, 2024, Kin Insurance through Sr Adjuster, Latierra Martin-West sent a letter to the insured’s advising them that Kin was denying their claim based on the Swift 360 inspection findings that no evidence of covered wind damage to the roof existed. The letter advised of shingle damage but claimed the damage was from wear and tear and coverage was excluded under the policy of insurance. After the Insureds were forced to obtain legal counsel and demand payment through a notice of intent to initiate litigation, Kin responded thorough Kin Company employee adjuster, Jacob Duval, FL license #W405557. Mr. Duval wrote a letter acknowledging receipt of the notice of intent to initiate litigation and that Kin was sticking with their denial of the claim. In response, the Insureds advised Mr. Duval that several roofs in the immediate area were replaced due to damage from the same subject storm event. Additionally, Mr. Duval was given the addresses of 7 properties that had complete roof replacement within a half mile radius to the insured’s property. Through a telephone conversation with the insureds counsel, Mr. Duval advised that Kin’s coverage determination was based exclusively on the Swift 360 inspection and any information provided of property damage to other homes in the immediate area was irrelevant and would not be considered. The insureds counsel further wrote an email asking the adjuster to reevaluate the claim with the additional information provided. Mr. Duval refused to reevaluate the claim with the updated information and advised that the was previously adjusted and a claims determination had been made. Kin has failed to properly investigate this claim, as they have exclusively relied upon the independent adjustment of the property from Swift 360. Kin was provided with photographs from the insured’s contractor as well as roof replacements in the immediate area due to severe storm damage from the same subject storm event. Kin refuses to take a second look at the claim as is memorialized via email from Kin Company employee adjuster, Jacob Duval, FL license #W405557. Kin has failed to properly investigate the claim as it is contractually obligated to do. Kin Insurance refuses to have an additional inspection and has exclusively relied on Swift 360’s report that the damage on the roof was due to wear and tear and not the subject storm event that called for several roof replacements in the immediate area. Due to the aforementioned breach of contract, it has become necessary that the Insured retain the services of counsel. Kin has engaged in a customary business practice and a deliberate course of conduct to (go cheap) by not hiring licensed field adjusters to conduct inspections. This tactic is to save money and wrongfully deny claims covered under the policy of insurance. It has become a pattern of practice for Kin to deny claims in which they know or should have known are covered under their homeowner's insurance policies and these dilatory tactics serve no purpose other than to increase profits. Kin chose to cover their eyes when they hired Swift 360 for a discounted rate and had an unlicensed individual conduct an inspection of the insured’s damaged property. Kin has been supplied with photographs of the roof damage and been given multiple opportunities to examine the roof, however they have failed to have a licensed adjuster though Kin Insurance do so. Kin has violated the following statutory provisions: 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 coverage's, 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)(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)(i) – Unfair claim settlement practices. To remedy this CRN, Kin must immediately tender $42,545.00$ the full amount required to reimburse the insured and make them whole, minus the applicable deductible. The payments should be tendered to Herring and Herring, P.A Trust Account at 1101 West First Street, Sanford, FL 32771 within 60 days of this notice.
Comments
User Id Date Added Comment
kristen.henderson@kin.com 04-17-2025 While Kin Interinsurance Network believes that the Civil Remedy Notice fails to comply with the requirements of Florida Statute §624.155 and Florida Case law, it has responded to the Notice in writing to Michael Herring on April 17, 2025.
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