Civil Remedy Notice of Insurer Violations
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Filing Number:     811065
Filing Accepted:  3/13/2025
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Complainant
Last/Business Name *  
NELSON RUIZ   First Name  
Street Address * 1066 SW MCCALL RD
City, State Zip * PORT SAINT LUCIE, FL 34953
Email Address * CJNSERVICESLLC@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   NELSON RUIZ   First Name  
Policy # * HCPCHO337206713 Claim #* 944911
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 August 4, 2024, Nelson Ruiz suffered a loss due to covered perils contemplated under thePolicy; and timely reported the damage to Defendant. Nelson Ruiz presented evidence toHomeowners Choice Property & Casualty Insurance Company, Inc. that the loss occurred duringthe policy period and coverage for the loss was contemplated under the policy. Nelson Ruizcomplied 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).Homeowners Choice Property & Casualty Insurance Company, Inc. has repeatedly andcontinuously acted in bad faith in this matter and others like it. Despite the fact that the allegeddamages were related to a covered loss and not excluded under the policy of insurance,Homeowners Choice Property & Casualty Insurance Company, Inc. refuses to pay the fullamount of insurance benefits owed for same. In order to cure Homeowners Choice Property &Casualty Insurance Company, Inc.’s continuous acts of bad faith, Homeowners Choice Property& Casualty Insurance Company, Inc. must issue payment in the amount of $ 71,356.62; as wellas, statutory interest. In addition, Homeowners Choice Property & Casualty Insurance Company,Inc. must cease its unfair trade practice of citing to irrelevant policy provisions in order tomisrepresent the coverages afforded under its policies of insurance.HOS24-000766
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 on behalf of Nelson Ruiz (“Insured”). After reviewing the CRN, HCPCI conducted a thorough review of the subject claim (“Claim”) and confirmed it handled the Claim properly. Ultimately, all issues regarding the Claim, including all issues raised in the CRN, have been resolved via a full and final settlement agreement (“settlement”). Pursuant to the settlement, the Insured signed or is in the process of signing a full, final and valid release that addresses all claims for bad faith in relation to the Claim. This response to the CRN in no way impairs or otherwise alters the full and final settlement of the Claim. Subject to the foregoing, HCPCI denies it committed a violation of any Florida statute prior to the settlement or at any time as alleged in the CRN. HCPCI also notes the CRN is deficient as, for instance, it fails to cite relevant statutory provisions along with supporting, specific insurance contract language and facts. Ultimately, as referenced above, HCPCI settled all issues regarding the Claim, including any and all issues raised in the CRN, as set forth in the release. Finally, upon request by the Department of Financial Services, HCPCI will provide to the Department of Financial Services detailed correspondence HCPCI provided to the Insured regarding HCPCI’s obligations for the Claim under the insurance contract and the facts of 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