Civil Remedy Notice of Insurer Violations
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Filing Number:     807169
Filing Accepted:  2/17/2025
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Complainant
Last/Business Name *  
GENNARI   First Name   ROGER AND MAUREEN
Street Address * 14841 AVENIDA DE PALMA
City, State Zip * WINTER GARDEN, FL 34787
Email Address * PROFGENNAR@AOL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   GENNARI   First Name   ROGER AND MAUREEN
Policy # * ROGER AND MAUREEN Claim #* 3300520931
Attorney
Attorney is Applicable
Last Name* ALTMAN First Name * ALEXIS Initial
Street Address* 925 SOUTH FEDERAL HIGHWAY, 7TH FLOOR
City, State Zip* BOCA RATON , FL - FLORIDA 33432
Email Address * AALTMAN@KPATTORNEY.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   TOWER HILL INSURANCE EXCHANGE
NAIC Company Code 17179
 
Name of individual responsible for violation (if any):* ADJUSTER
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Cancellation
* 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)(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)(o)(3)(a) Imposing or requesting an additional premium for a policy of motor vehicle liability, personal injury protection, medical payment, or collision insurance or any combination thereof or refusing to renew the policy solely because the insured was involved in a motor vehicle accident unless the insurer's file contains information from which the insurer in good faith determines that the insured was substantially at fault in the accident.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Executive Order number 22-214 and 22-215.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Tower Hill Insurance Exchange Company ("Tower Hill") has acted in bad faith. The Gennari’s home sustained substantial damage when Hurricane Milton pummeled the west coast of Florida. Due to the wild level of destruction, as a result of Hurricane Milton, David Altmaier, the commissioner of insurance regulation, enacted an emergency order based on Florida Statute Section 627.4133(2)(d)(1), stating in pertinent part, that "upon a declaration of an emergency pursuant to s. 252.36 and the filing of an Order by the Commissioner of Insurance Regulation, an insurer may not cancel or non-renew a personal residential or commercial residential property insurance policy covering a dwelling or residential property located in the state which has been damaged as a result of a hurricane or wind loss that is subject of the declaration of emergency for a period of 90 days after the dwelling or residential property has been repaired." After signing a release for damages, Tower Hill sent them back their unused premium and without any reason cancelled their insurance. It is clear that the carrier is not treating the insured with good faith claims conduct. The carrier is attempting to punish the insured for making a legitimate claim for damages by putting them in a position that they are unable to obtain insurance coverage for their home. Tower Hill’s action of cancelling the insureds' policy of insurance while having an open claim and unable to repair the home is bad faith and only done to punish their insured. The Carrier’s actions are in violation of Florida Statutes §§ 624.155(1)(b)(1), 624.155(1)(b)(3), 626.9541(1)(i)(3)(a); 626.9541(1)(i)(3)(b), 626.9541(1)(i)(3)(f), and 627.4133(2) and Emergency Order Number 24-214 and 22-215 entered by Governor Ron DeSantis and Emergency Order entered by David Altmaier. All of the aforementioned is part of what appears to be an ongoing pattern and practice of behavior of the carrier that it demonstrates a wanton and reckless regard for the insured’s rights and a pattern and practice of bad faith claims practices to its insureds across the state of Florida. Therefore, to cure the defects outlined in this Civil Remedy Notice, the carrier must Reinstate the insured’s policy of insurance pursuant Executive Order number 22-214 and 22-215. Should you have any questions upon receipt of this filing, please do not hesitate to contact me at 561-892-9988. We appreciate your attention to this matter. Sincerely, Alexis Altman Alexis E. Altman Esq. Attorney at Law
Comments
User Id Date Added Comment
nweber@thig.com 04-02-2025 April 2, 2025 Department of Financial Services Insurance Consumer Assistance Civil Remedy Section Larson Building 200 Gaines Street Tallahassee, FL 32399-0322 RE: Company: Tower Hill Insurance Exchange Company Insured : Roger Gennari Policy Number: W013353155 Claim Number : 3300520931 Date of Loss: 10/09/2024 DFS File Number: 807169 Accepted Date : 2/17/2025 Dear Sir/Madam: We are in receipt of a Civil Remedy Notice of Insurer Violation (“CRN”) filed on behalf of Roger and Maureen Gennari, our insureds. This correspondence will serve as Tower Hill Exchange Insurance Company’s (“Tower Hill’s”) response to the CRN. The CRN alleges that Tower Hill Exchange violated the following 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 insured and with due regard for her or his interests. 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)(o)(3)(a): Imposing or requesting an additional premium for a policy of motor vehicle liability, personal injury protection, medical payment, or collision insurance or any combination thereof or refusing to renew the policy solely because the insured was involved in a motor vehicle accident unless the insurer’s file contains information from which the insurer in good faith determines that their insured was substantially at fault in the accident. To summarize the below, Tower Hill hereby denies any allegation of not attempting to settle claims in good faith when it could and should have done so; misrepresenting pertinent facts or insurance policy provisions; failing to acknowledge and act promptly upon communications with respect to claims; denying claims without conducting reasonable investigations; imposing or requesting an additional premium for a policy of motor vehicle liability, and any other allegations of bad faith specifically stated or implied and further asserts that it has at all times handled and adjusted the Complainant’s claim with utmost good faith. Simply put, Tower Hill denies any acts or omission that could be construed or found to be deemed bad faith and/or a violation of Florida Statutes §624.155 and §626.9541, whether expressly stated in the Civil Remedy Notice or implied. Any and all allegations of bad faith are hereby denied and rejected in their entirety by Tower Hill. The CRN includes F.S. 629.9541(1)(o)(3)(a) which applies to motor vehicle insurance. Complainant’s claim is a homeowner policy, not a motor vehicle policy, personal injury protection, medical payment, or collision insurance. Tower Hill denies and rejects the instant CRN as it fails to comply with the requirements of Fla. Stat. §624.155. Specifically, Fla. Stat. §624.155(1)(b)(1) requires that a CRN “state with specificity”, inter alia, the facts and circumstances giving rise to the violation(s) alleged. Here, Complainant wholly fails to provide specific facts or circumstances giving rise to each and every statutory violation alleged in the CRN, and instead alleges generally that Tower Hill failed to “reinstate the insured’s policy of insurance pursuant Executive Order number 22-214 and 22-215.” To be clear, there is not a single fact contained in the CRN that gives rise to bad faith or that supports the filing of the CRN and the statutory violations cited therein. The extent of the allegations include that “Tower Hill’s action of cancelling the insureds’ policy of insurance while having an open claim and unable to repair the home.” Noticeably absent from the CRN, is the name of the purportedly unqualified individual who was retained to evaluate the cause of the loss and the basis for believing that the policy could not be cancelled. There is no description of the allegedly illegal, bad faith “business practice” that Tower Hill engages in and no facts to support a bad faith claim of any kind. For these reasons, including the lack of any facts contained in the CRN in support of these claims, the CRN must be rejected. As further support of the deficiencies contained within the CRN, when asked to reference the policy language at issue, the Insured included no reference to the policy whatsoever, but simply states, “Executive Order number 22-214 and 22-215.” The CRN further fails to comply with the requirements of Fla. Stat. § 624.155. Specifically, Fla. Stat. §624.155(3) requires that a civil remedy notice of insurer violation “state with specificity,” inter alia, the facts, and circumstances giving rise to the violation and the “specific” language of the subject insurance policy that is relevant to the violation. Florida law requires specific citation to policy language. As such, the CRN is deficient. It is evident from the above that the Complainant fails to cite any actions that would be indicative of bad faith and mischaracterize the statutory regulations governing the handling and adjustment of an insurance claim, and policy cancellation. The fact that the CRN alleges that Tower Hill misrepresented Executive Orders, but the CRN fails to tell Tower Hill how the Executive Order was violated, is substantial evidence that the CRN is non-compliant with Florida Standards and fails to apprise Tower Hill about the actions that led to the purported statutory violations. In that same regard, the Insured failed to name a single individual who engaged in the purported bad faith handling making it impossible to consider or cure the alleged allegations. Without knowledge of the individuals who purportedly violated the statutory provisions and Executive Order, Tower Hill is unable to even track down the complained of conduct. The CRN references “ADJUSTER.” As noted above, because this claim was settled in exchange for a Policy Holder Release and the policy cancelled within the statutory/Executive Order guidelines, the vague reference to the statement that there are no policy provisions specifically at issue or in dispute, or Executive Order described, is not enough to preserve a bad faith claim. By way of background, the policy was issued on 07/23/2024 for policy period 09/14/2024 to 09/14/2025. The claim was reported on 10/11/2024 as damage caused by Hurricane Milton on 10/09/2024. The Notice of Cancellation for non-payment of premium was sent to the insured on 12/11/2024 with cancellation effective 12/26/2024. The claim was thereafter settled in exchange for a Policy Holder Release on 01/27/2025. Pursuant to Florida Statute 627.4133 . . . (e)1. An authorized insurer may not cancel or nonrenew a personal residential or commercial residential property insurance policy covering a dwelling or residential property located in this state: a. For a period of 90 days after the dwelling or residential property has been repaired, if such property has been damaged as a result of a hurricane or wind loss that is the subject of the declaration of emergency pursuant to s. 252.36 and the filing of an order by the Commissioner of Insurance Regulation. b. Until the earlier of when the dwelling or residential property has been repaired or 1 year after the insurer issues the final claim payment, if such property was damaged by any covered peril and sub-subparagraph a. does not apply. 2. However, an insurer or agent may cancel or nonrenew such a policy prior to the repair of the dwelling or residential property: a. Upon 10 days’ notice for nonpayment of premium; or b. Upon 45 days’ notice: (I) For a material misstatement or fraud related to the claim; (II) If the insurer determines that the insured has unreasonably caused a delay in the repair of the dwelling; or (III) If the insurer has paid policy limits. As this timeline demonstrates, Tower Hill properly cancelled the policy and the allegations of the CRN are by design vague and clearly do not accurately reflect the issues presented by this claim. Moreover, the CRN is facially deficient, fails to cite any actions that would be indicative of bad faith, and mischaracterizes the statutory regulations governing the handling and adjustment of an insurance claim and cancellation of a policy. The CRN filed on behalf of the Complainant fails to set forth any specific acts, facts, or circumstances, which would give rise to the claimed statutory violations, thus preventing Tower Hill from providing any meaningful or complete response thereto. The remaining allegations of the CRN do not state with specificity the information required by the Department, as Complainant failed to describe with specificity the facts and circumstances giving rise to the violation(s), the names of the individuals involved in the violation(s) and the specific policy language/Executive Orders at issue. The CRN lacks factual support as it relates to its allegations that Tower Hill did not cancel the policy correctly and cites incorrect Florida Statutes relating to motor vehicle policy/liability/collision. Florida Courts have held that CRNs that are similarly broad and merely list general policy provisions do not satisfy the statutory requirements. The inclusion of only conclusory statements without the requisite specificity renders the CRN facially deficient. Notwithstanding these deficiencies, Tower Hill expressly denies the allegations contained within the CRN. Tower Hill denies any failure to handle, investigate and adjust the claim, and policy cancellation, and all of the allegations contained in the CRN are hereby denied. To the extent that this response does not address each and every allegation of bad faith conduct made by the Complainant, Tower Hill hereby expressly denies any and all allegations of bad faith conduct, or omission set forth in the CRN, and/or any alleged violation(s) of Florida Statutes or any other statutory section set forth therein. Again, Tower Hill insists it has acted, at all times, in utmost good faith. Tower Hill expressly denies all allegations against it. Should you need any additional information from Tower Hill regarding the foregoing, please feel free to contact us 800-216-3711. Sincerely, Tower Hill Claims Services, LLC claims@thig.com
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