Civil Remedy Notice of Insurer Violations
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Filing Number:     810988
Filing Accepted:  3/13/2025
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Complainant
Last/Business Name *  
REINALDO RIVERA AND ELIZABETH HERNANDEZ   First Name  
Street Address * 6400 GRANT ST
City, State Zip * HOLLYWOOD, FL 33024
Email Address * REINALDORM@MSN.COM
Complainant Type: * Insured
Insured
Last/Business Name*   REINALDO RIVERA AND ELIZABETH HERNANDEZ   First Name  
Policy # * HCPC-HO3-357053-13 Claim #* 941995
Attorney
Attorney is Applicable
Last Name* GONZALEZ ESQ. First Name * ROBERT F. Initial
Street Address* 8950 SW 74TH CT., STE 2267
City, State Zip* MIAMI , FLORIDA 33156
Email Address * INTAKE@FLINSLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.
NAIC Company Code 12944
 
Name of individual responsible for violation (if any):* UNKNOWN
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)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
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.

Section 1 - Perlis Insured Against Section 1 - Property Coverages Loss Settlement Provision
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Page 1 of 1On November 15, 2023, Reinaldo Rivera and Elizabeth Hernandez suffered a loss due to coveredperils contemplated under the Policy; and timely reported the damage to Defendant. ReinaldoRivera and Elizabeth Hernandez presented evidence to Homeowners Choice Property &Casualty Insurance Company, Inc. that the loss occurred during the policy period and coveragefor the loss was contemplated under the policy. Reinaldo Rivera and Elizabeth Hernandezcomplied with all required post-loss conditions. Homeowners Choice Property & CasualtyInsurance Company, Inc. sent an unqualified person to make determinations of causation ofdamage in violations of 626.9541(1)(i)(3)(d). After completing its deficient investigationHomeowners Choice Property & Casualty Insurance Company, Inc. should have providedcoverage for the loss. Homeowners Choice Property & Casualty Insurance Company, Inc. hasunduly delayed full payment and coverage over the claim in violation of the insurance contractand has done so in a manner which violates multiple Florida Statutes. Furthermore, HomeownersChoice Property & Casualty Insurance Company, Inc. failed to promptly provide a reasonableexplanation in writing to the insured of the basis in the insurance policy, in relation to the facts orapplicable law, for denial of a claim or for the offer of a compromise settlement.The failure to issue full payment when there was no applicable exclusion for the type of servicerendered in relation to the covered claim is a violation of 624.155(1)(b)(1) and 624.155(1)(b)(3).Homeowners Choice Property & Casualty Insurance Company, Inc. has made it a businesspractice to deny covered claims without proper justification in direct violation of 626.9541(1)(i)(3)(a) and 626.9541(1)(i)(3)(b).Following Defendant's breach of the insurance policy, Reinaldo Rivera and Elizabeth Hernandezbrought an action against Homeowners Choice Property & Casualty Insurance Company, Inc. inBROWARD COUNTY County. Homeowners Choice Property & Casualty Insurance Company,Inc. has repeatedly and continuously acted in bad faith in this matter and others like it. Despitethe fact that the alleged damages were related to a covered loss and not excluded under thepolicy of insurance, Homeowners Choice Property & Casualty Insurance Company, Inc. refusesto pay the full amount of insurance benefits owed for same. In order to cure HomeownersChoice Property & Casualty Insurance Company, Inc.’s continuous acts of bad faith,Homeowners Choice Property & Casualty Insurance Company, Inc. must issue payment in theamount of $ 101,701.43; as well as, statutory interest. In addition, Homeowners Choice Property& Casualty Insurance Company, Inc. must cease its unfair trade practice of citing to irrelevantpolicy provisions in order to misrepresent the coverages afforded under its policies of insurance.HOS24-000357
Comments
User Id Date Added Comment
Legal@hcpci.com 05-12-2025 This is Homeowners Choice Property & Casualty Insurance Company’s (“HCPCI”) response to the Civil Remedy Notice of Insurer Violations (“CRN”) filed by attorney Robert Gonzalez on behalf of Reinaldo Rivera and Elizabeth Hernandez (“Insured”). HCPCI reviewed this CRN and conducted a thorough review of the subject claim (“claim”) and confirmed it handled the claim properly. Regarding an aspect of the claim, HCPCI issued payment for it on the information available to HCPCI and the circumstances at the time of such payment. HCPCI handled the claim in accordance with the policy and all statutory and regulatory requirements. HCPCI denies each allegation of bad faith and improper conduct in the CRN. At all times, HCPCI acted in good faith, fairly and honestly toward the Insured and with due regard for the Insured’s interests. Otherwise, the CRN is deficient. Generally, pursuant to Florida Statutes, Section 624.155, CRNs must identify and set forth statutory provisions insurers allegedly violated in handling insureds’ insurance claims along with specific, relevant insurance contract language and facts and circumstances. The foregoing provides insurers with notice of alleged statutory violations AND the opportunity to cure such alleged violations. Instead of complying with Florida Statutes, Section 624.155, the Insured’s attorney in the CRN contained an inaccurate recitation of the facts, failed to reference specific, relevant insurance policy language; cited irrelevant statutes; and relied on inaccurate and conclusory statements. The Insured’s laundry list of inapplicable statutes is insufficient. Julien v. United Prop. & Cas. Ins. Co., 311 So. 3d 875 (Fla. 4th DCA 2021). Furthermore, the Insured’s attorney filed a lawsuit based on the claim shortly after the filing of this CRN. Regardless of the fact there were no violations in this case, any action by HCPCI to cure violations alleged in the CRN could have been used against HCPCI in the lawsuit. The foregoing shows abuse by the Insured and the Insured’s attorney of the CRN and legal processes. Also and generally, the CRN constitutes an abuse of the CRN process, contravenes the purpose of CRNs, which is to promote resolution of issues in insurance claims. The CRN must be rejected, and it cannot serve as the basis of any action against HCPCI. Upon request by the Florida Department of Financial Services, HCPCI will provide to the DFS detailed correspondence HCPCI provided regarding the claim.
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