Civil Remedy Notice of Insurer Violations
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Filing Number:     807303
Filing Accepted:  2/18/2025
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Complainant
Last/Business Name *  
KAMAL   First Name   HASSAN
Street Address * 4080 LOWER UNION ROAD
City, State Zip * ORLANDO, FL 32814
Email Address * MMELLI@ITSABOUTJUSTICE.LAW
Complainant Type: * Insured
Insured
Last/Business Name*   KAMAL   First Name   HASSAN
Policy # * CFH 6006398 03 84 Claim #* CFL200119146
Attorney
Attorney is Applicable
Last Name* MELLI First Name * MICHAEL Initial C
Street Address* 350 NORTH LAKE DESTINY
City, State Zip* MAITLAND , FL 32751
Email Address * MMELLI@ITSABOUTJUSTICE.LAW
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
NAIC Company Code 10953
 
Name of individual responsible for violation (if any):* KEVIN MOTT
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Claim Delay
Unsatisfactory Settlement Offer
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)(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)(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.

Section 1 – Perils Insured Against – Coverage A – Dwelling and Coverage B – Other Structures Section 1 – Property Coverages – Coverage A – Dwelling and Coverage B – Other Structures Section 1 – Conditions – Loss Payment Section 1 – Conditions – Loss Settlement
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

CIVIL REMEDY NOTICE Insured Name: Hassan A. Kamal and Carla A. Kamal Insured Address: 4080 Lower Union Road, Orlando, FL 32814 Policy Number: CFH 6006398 03 84 Claim Number: CFL200119146 DOL: 06/29/2022 On or about June 29, 2022, Hassan A. Kamal and Carla A. Kamal (“Insureds”) suffered significant damaged to their home located at 4080 Lower Union Road, Orlando, FL 32814 stemming from a water intrusion. Prior to the loss, Cypress Property & Casualty Insurance Company (“Cypress”) issued a homeowner’s insurance policy (policy no. CFH 6006398 03 84) for the Insureds’ home. The policy was in full force and effect on the date of loss and affords coverage for water damage. After providing prompt notice of the loss, Insureds fully cooperated with Cypress’s adjustment of the claim, including making their home available for inspection. Despite Cypress acknowledging a significant amount of covered damage, Cypress erroneously refused to tender sufficient payment to actually complete the necessary repairs. Due to the severity of the damage to the property and the interior water damage, Cypress sent out Allied Restoration and Construction on July 1, 2022, to complete an inspection and confirmed significant damage to the home that included the continuous flooring system and kitchen needing to be removed and completely replaced due to interior water damage on a shared inner wall. Due to the extensive damage to the home, a determination was made by Cypress plainly that the Insureds would need to move out of the property for an extended period of time, approximately six months. A relocation specialist with ALE Solutions, Breanna Flood, was retained by Cypress and reached out to the Insureds on August 15, 2022, to help facilitate their move out while the repairs could be completed. Following this, the Insureds moved out of the property and signed a contract with a contractor to begin repairs on the property, exactly as Cypress had advised. Then, the original adjuster left and a new adjuster was assigned to the Insureds claim. Cypress immediately misrepresented their prior determinations and findings in relation to the claim, then sought to deny and lower coverage that had already been extended to Insureds. Cypress’ agents already represented a manifestly large scope of work needed to be completed in regards to the loss, otherwise six months of Alternate Living Expense Coverage would not have been opened and afforded by Cypress. Cypress, very plainly, then issued revised and lowered estimates vastly walking back their own investigation and findings. This is prima facie evidence of failing to adjust claims in good faith, failing to implement standards for proper claim handling, and failure to issue funds and coverages already owed. It is clear that Cypress has not acted honestly or fairly towards its Insureds. Cypress and its adjusters have misrepresented the scope and cause of damages to the residence and misapplied exclusions in the policy in order to attempt to deny coverage for the majority of the Insureds’ claim in order to ensure its valuation of the claim would be under Insureds’ deductible. As is the case here, it has become a general business practice of Cypress 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. Cypress regularly undervalues claims in order to avoid issuing payment on losses that it knows are covered under the policy. Cypress very clearly and in blatant disregard for their duties under Florida Statute deliberately sought to walk back coverage that was already opened in order to pay less to their own Insured. Worse, Cypress either so recklessly or negligently failed to implement standards for proper claim handling that said ALE coverages already opened by Cypress then had to be forwarded to Cypress’ own agents by the Insureds’ Counsel as Cypress failed to either fully review the claim or failed to keep accurate and adequate internal notes. Cypress also failed to even compensate the Insureds for their incurred Alternate Living Expenses they already admitted were covered in their previous correspondence, again manifestly failing to implement standards for proper claim handling, failing to issue undisputed amounts, and failing to settle or pay claims in good faith. In order to cure this Civil Remedy Notice, Cypress must immediately acknowledge in writing that Insureds’ invoice is reasonable in scope and tender all undisputed benefits owed, tender the Alternate Living Expense Coverage already covered by Cypress, issue statutory interest for withheld funds, admit that they misrepresented the policy and claim findings in whole, and tender attorneys’ fees and costs incurred. The written acknowledgment should be tendered to the Insureds’ attorney, Michael Melli, Esq. at 350 N. Lake Destiny Road, Suite 300, Maitland, FL 32751. POLICY A certified copy of the policy is not currently in the possession of the Insured, but has been requested through discovery. Based on information and belief, the following policy provisions apply to this Civil Remedy Notice: Section 1 – Perils Insured Against – Coverage A – Dwelling and Coverage B – Other Structures Section 1 – Property Coverages – Coverage A – Dwelling and Coverage B – Other Structures Section 1 – Conditions – Loss Payment Section 1 – Conditions – Loss Settlement § 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)(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)(4): Failing to pay undisputed amounts of partial or full benefits owed under first-party property insurance policies within 90 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 an act of God, prevented by the impossibility of performance, or due to actions by the insured or claimant that constitute fraud, lack of cooperation, or intentional misrepresentation regarding the claim for which benefits are owed.
Comments
User Id Date Added Comment
mmelli@itsaboutjustice.law 07-15-2025 The above referenced dispute/claim has been resolved. Accordingly the allegations contained herein are hereby withdrawn.
jshippole@cypressig.com 02-19-2025 VIA ELECTRONIC FILING Florida Department of Financial Services Bureau of Consumer Assistance Civil Remedy Section 200 Esat Gaines Street Tallahassee, Florida 32399-0322 RE: Insured: Hassan Kamal Claim Number: CFL200119146 To Whom It May Concern: Please accept this response to Civil Remedy Notice of Insurer Violations No. 807303 (the “Notice” or “CRN”) on behalf of Cypress Property & Casualty Insurance Company (“Cypress”). On February 18, 2025, upon information and belief, the Notice was filed by Michael Melli, Esq. on behalf of Hassan Kamal (the “Insured”) against Cypress alleging violations of Sections 624.155 and 626.9541, Florida Statutes. We note, at the outset, that the section of the CRN requiring the Complainants to describe the facts and circumstances giving rise to the insurer’s violation contains conclusory allegations with no supporting facts. Section 624.155, Florida Statutes, requires specificity in civil remedy notices. If the Complainants honestly believe that there was any type of violation, Cypress requests that the Complainants provide specific information with respect to each alleged violation, including a description of each violation, and copies of documentation referencing each violation. As it stands now, the CRN is insufficient for the purpose of allowing Cypress to fully respond and/or remedy the alleged violations, if any. It is the position of Cypress that the Notice fails with respect to its requirement to specify how Cypress may “cure” the alleged violations. Although the Notice implies that Cypress may cure by immediately tendering the proceeds, the amount of the proceeds is what is at issue. Specifically, Cypress has already issued payment in the amount that it believes is reasonable for the alleged damages. The only remaining dispute is regarding the amount of damages. The purpose of a Civil Remedy Notice is to provide a carrier with one last opportunity to “cure” the alleged violations. In this instance, the only real “cure” that the Notice is seeking is full payment of a random sum unilaterally determined by Complainants notwithstanding Cypress’s right to investigate and adjust the loss. The purpose of a Civil Remedy Notice is to provide the insurer an opportunity to “cure” the alleged wrongdoing. Talat Enterprises, Inc. v. Aetna Casualty and Surety Co., 753 So.2d 1278 (Fla. 2000). The Notice does not serve this purpose. Specifically, the Notice does not provide a proper means whereby Cypress can “cure” the alleged defects, short of paying additional benefits which are not due and owing. This failure to provide a proper opportunity to cure renders the Notice improper. Longpoint Condominium Associations v. Allstate Insurance Co., 2005 WL 131580 (N.D. Fla. June 2, 2005). Moreover, the method for curing the violations alleged in a civil remedy notice are not determined by the insured. In Talat Enterprises, Inc. v. Aetna Casualty and Surety Co., 753 So.2d 1278 (Fla. 2000), the Florida Supreme Court accepted and quoted the reasoning of the court below in its opinion which stated in relevant part, as follows: Section 624.155 does not impose on an insurer the obligation to pay whatever the insured demands. Section 624.155(2)(d) would have no effect or purpose under such an interpretation. The law does not support such an expansive and illogical reading of Fla. Stat. Ann. §624.155(2)(d). To cure an alleged violation and to avoid a civil action, an insurer must pay the claim . . . before the sixty days expire. Talat, 753 So2d at 1282 citing Talat Enterprises Inc. v. Aetna Cas. & Sur. Co., 952 F.Supp. 773, 777-778 (M.D. Fla. 1996). To date, Cypress has fully investigated the Insured’s claim and made a claims determination accordingly. As such, the allegations within the CRN are inaccurate and are wholly without merit, and Cypress denies same. The Complainants fail to provide any evidence to support the allegations and Cypress requests that the Complainants forward such evidence to the undersigned accordingly. Cypress asserts it has been diligent in responding to the Insured’s requests and investigating the claim. The subject policy of insurance, governing statutes, and case law only permit submission of a claim and payment for covered losses. 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. After reviewing the Civil Remedy Notice, Cypress conducted a thorough review of its handling of the Insureds’ claim. Cypress denies that it violated any statutes, administrative code provisions, or ethical rules or obligations in connection with its investigation and handling of the Insured’s claim. Notwithstanding, Cypress remains committed to resolving this matter. The Complainants’ Notice asserts that Cypress has violated six (6) statutory provisions. Complainant has provided no facts or circumstances supporting these allegations. Cypress denies all allegations. 624.155(1)(b)(1): Denied. Cypress acted in good faith and fairly and honestly towards the Complainants with due regard for their interests. Complainants have provided no facts or circumstances showing that Cypress failed to act in good faith or fairly and honestly. 626.9541(1)(b)(3): Denied. Cypress promptly attempted to settle this claim. 626.9541(1)(i)(3)(a): Denied. Cypress has adopted and continues to implement standards for the proper investigation of claims. Complainants have provided no facts or circumstances supporting this allegation. 626.9441(1)(i)(3)(c): Denied. Cypress has not failed to acknowledge and act promptly upon communications with respect to the Insured’s claim. Cypress acted in good faith at all times and acted in accordance with the policy of insurance and Florida Statutes. Complainants have provided no facts or circumstances to support this allegation as true. 626.9541(1)(i)(3)(d): Denied. Cypress conducted an investigation of this claim. Complainants have not provided any facts or circumstances supporting this allegations. 626.9541(1)(i)(4): Denied. Cypress issued payment to the Insured and attempted to negotiate settlement of the remaining claim. As outlined above, the alleged statutory violations and allegations set forth in the Notice are devoid and without merit. Cypress has abided by the policy and the coverage determination was made in accordance with the terms agreed upon by the parties. Sincerely, /s/ Jennifer Shippole Shippole Law *attorneys and staff are employees of Service First Insurance Group
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