Filing Number: 807938
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| Filing Accepted: 2/21/2025 |
| Last/Business Name
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BUCHANAN
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First Name |
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SETH AND LINDSEY |
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| Street Address
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100 QUAIL CREEK CIR |
| City, State Zip
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SAINT JOHNS,
FL
32259
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| Email Address
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SETHMRN@GMAIL.COM |
| Complainant Type:
*
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Insured |
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| Last/Business Name* |
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BUCHANAN |
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First Name |
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SETH AND LINDSEY |
| Policy # * |
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000988873889 |
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Claim #* |
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0782637607 |
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Attorney is Applicable
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| Last Name* |
ALTMAN
First Name *
ALEXIS
Initial
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| Street Address* |
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925 SOUTH FEDERAL HIGHWAY, 7TH FLOOR |
| City, State Zip* |
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BOCA RATON
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FL - FLORIDA
33432
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| Email Address * |
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AALTMAN@KPATTORNEY.COM |
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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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CASTLE KEY INDEMNITY COMPANY
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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 10835 |
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| Name of individual responsible for violation (if any):*
CHRISTOPHER CARTER
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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 Delay
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Unsatisfactory Settlement Offer
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Unfair Trade Practice
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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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| 624.155(1)(b)(3) |
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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.
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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)(b) |
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Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
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| 626.9541(1)(i)(3)(c) |
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Failing to acknowledge and act promptly upon communications with respect to 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.
loss settlement provision
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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.
Castle Key Indemnity Company (“Carrier”) has not attempted in good faith to settle the insured’s claim 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 their interests. The carrier is required to properly investigate and adjust claims and cannot place that burden upon the insured. In fact, the carrier has intentionally undervalued the insured’s claim in an attempt maximize its profits, thereby preventing the insured from being able to restore his home to its pre-loss conditions. The carrier has engaged in these actions, despite the clear and unequivocal burden discussed in Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005), wherein the Florida Supreme Court held, “The Legislature has clearly chosen to impose on the insurance companies a duty to use good faith and fair dealing in processing and litigating the claims of their insureds.”
This claim arises from a wind and hail storm. Seth and Lindsey Buchanan (“insureds”) put the carrier on notice of the damages. The carrier sent out a field adjuster who inspected the home. Thereafter, an estimate was provided in the amount of $1,297.94, which was below the insured’s deductible. Reviewing the estimate of the carrier, it was clear that the estimate was extremely deficient and improperly scoped. The insured sent an estimate from her contractor in the amount $33,450.00 for the damages, however Castle key stated it would not pay any additional money without showing that work was performed. The insureds were not paid anything and the carrier putting the insureds in a terrible financial hardship.
Pursuant to Florida Statute §624.155(1)(b)(1), Carrier has failed to settle the claim in good faith when it could and should have done so. The Insured reported the Loss and the Property was presented for inspection. The damage to the Insured’s property was clearly caused by a covered peril under the Policy, but the carrier has not shown a good faith intention to pay what was owed under the policy and has wrongfully undervalued the claim.
Florida law mandates that insurers and adjusters do not mislead the Insured. Florida Insurance companies that fail to follow these Florida laws and regulations, designed to protect consumers, do not only breach their duties under the policy of insurance but do so in bad faith. In violation of Florida Statute §626.9541(1)(i)(3)(b), the carrier intentionally misrepresented the available coverage under the policy by not providing full coverage under the policy of insurance.
Pursuant to Florida Statute 626.9541(1)(i)(3)(a) the carrier has Failed to adopt and implement standards for the proper investigation of claims as both the field adjuster sent out and the desk adjuster have failed to provide the insured with full coverage.
Further, in violation of Florida Statute §626.9541(1)(i)(3)(d), Universal improperly denied replacement of the roof without conducting a reasonable investigation based upon available information. Universal should have requested an ITEL report to determine if a matching shingle was available. Instead, Universal places the obligation on policyholders to perform the investigation and provide the documentation after claims have been denied, delayed, and/or underpaid.
In Florida, the work of adjusting insurance claims engages the public trust. Universal has breached this trust in the improper adjustment of the Insured’s claim. Though the Insured sustained a loss that, pursuant to the terms of his policy, should be covered by the policy of insurance, Universal refused to properly indemnify the Insured for his loss in direct contradiction of the terms of the Policy and Florida Statutes. From the very start, Universal did not act in good faith during its adjustment of the Claim as evidenced by the violations noted above.
All the aforementioned are part of what appears to be an ongoing pattern and practice of behavior of the carrier that it demonstrates a wanton and reckless disregard for the insureds’ 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:
1.) Pay the indemnity portion in the amount of $33,450.00minus any applicable deductibles or prior payments;
2.) Pay all emergency services retained by the insureds;
3.) Pay the statutory interest on the amount of unpaid damages from the date of loss to the date payment is finally made.
Please do not hesitate to contact the undersigned (561)-892-9988 if you have any questions or concerns.
Sincerely,
Alexis Altman
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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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