Filing Number: 807984
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| Filing Accepted: 2/23/2025 |
| Last/Business Name
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FOSTER
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First Name |
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WILLIAM |
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| Street Address
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3576 DEER OAK CIR |
| City, State Zip
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OVIEDO,
FL
32765
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| Email Address
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FBILLFOSTER1@YAHOO.COM |
| Complainant Type:
*
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Insured |
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| Last/Business Name* |
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FOSTER |
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First Name |
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WILLIAM |
| Policy # * |
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0760047261 |
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Claim #* |
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7008545939-1 |
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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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TRUCK INSURANCE EXCHANGE
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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 21709 |
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| Name of individual responsible for violation (if any):*
JIMMY PACHECO AND ALL OTHER FARMERS 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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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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| 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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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
You agree:
1. to pay premiums when due; a
2. to comply with all applicable terms of this poli
In return, we will insure you for the coverages and limits as shown
in this policy. This policy includes the Declarations and any
endorsements
Paragraphs B. and C. apply to loss which is caused to the property in a "dwelling" if the loss is caused by:
1. Rain;
2. Snow;
3. Sleet;
4. Hail;
5. Sand; or
6. Dust;
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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.
William Foster (“the insured”) is a homeowner insured under an all-risks policy issued by Farmers Insurance. The insured property is located at 3576 Deer Oak Cir, Oviedo, FL. On February 4, 2024, a severe hailstorm impacted the area and caused substantial damage to the insured’s property, including hail impacts to the roof, gutters, and window screens. The insured promptly reported the claim and fully complied with all post-loss obligations under the policy. Despite clear and overwhelming evidence of covered damages, Farmers Insurance has failed to properly investigate, adjust, and indemnify the insured for the full extent of their loss.
Following the initial inspection, Farmers conducted an inadequate assessment of the damages, failing to properly identify the full scope of hail-related impacts. The insured, hired a licensed Florida roofing contractor to inspect the roof. The licensed contractor confirmed significant hail impacts to the shingles, which resulted in compromised roofing material integrity and necessitated a full roof replacement. Additionally, a licensed public adjuster conducted an independent inspection, further corroborating the extensive damage to the roof, gutters, and window screens. The insured then requested a re-inspection by Farmers to ensure a fair and thorough reassessment of the damages; however, Farmers improperly denied this request, failing to act with due diligence and fairness.
Farmers’ refusal to re-inspect the damages and consider additional expert opinions demonstrates a failure to act in good faith and a direct violation of Florida Statute § 624.02, which defines insurance as a contract requiring insurers to act fairly and honestly toward their policyholders. By refusing to properly investigate the full extent of the damage and ignoring evidence provided by qualified professionals, Farmers has engaged in unfair claim settlement practices. Furthermore, Farmers' failure to conduct a thorough and unbiased assessment constitutes a violation of Florida Statute § 626.9541(1)(i)(3), which prohibits insurers from failing to adopt and implement standards for the proper investigation of claims. The insurer’s conduct is also in direct violation of Florida Statute § 627.70131, which requires insurers to promptly investigate claims and issue a coverage decision in good faith.
The insurer’s mishandling of this claim has caused undue hardship and financial burden to the insured, who remains unable to complete necessary repairs due to the insurer’s improper claims handling. The refusal to provide a fair settlement not only violates the terms of the policy but also demonstrates a deliberate effort to undervalue and underpay a legitimate claim. The insured has completed everything required under the policy, including promptly reporting the loss, allowing inspections, and submitting documentation supporting the full scope of damage. Farmers, however, have acted unreasonably in its delay and refusal to properly indemnify the insured for their covered loss.
To cure this civil remedy notice and avoid further legal action, Farmers must immediately acknowledge full coverage under the insured’s policy, and issue payment reflective of the full scope of necessary repairs which is estimated at $43,917.23. Additionally, Farmers must take corrective action to ensure that its claims-handling practices comply with Florida law and policyholder protections.
Failure to act accordingly will result in additional damages, including interest, and potential punitive awards, and may necessitate legal action for bad faith. Farmers is hereby placed on notice that its failure to handle this claim in a fair and timely manner has led to unnecessary delays, financial hardship for the insured, and potential legal exposure under Florida’s bad faith statutes.
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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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