Civil Remedy Notice of Insurer Violations
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Filing Number:     811371
Filing Accepted:  3/16/2025
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Complainant
Last/Business Name *  
GAVAZZI   First Name   DEBRA AND TERRY
Street Address * 3749 RAGEN STREET
City, State Zip * NORTH PORT, FL 34287
Email Address * SCRAPPINSUNSHINE2013@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   GAVAZZI   First Name   DEBRA AND TERRY
Policy # * HPH044905 Claim #* H99370
Attorney
Attorney is Applicable
Last Name* DAVICH First Name * DAVID Initial W
Street Address* 350 N. LAKE DESTINY ROAD
City, State Zip* MAITLAND , FLORIDA 32751
Email Address * WDAVICH@ITSABOUTJUSTICE.LAW
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY
NAIC Company Code 14407
 
Name of individual responsible for violation (if any):* HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY
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)(2) A material misrepresentation made to an insured or any other person having an interest in the proceeds payable under such contract or policy, for the purpose and with the intent of effecting settlement of such claims, loss, or damage under such contract or policy on less favorable terms than those provided in, and contemplated by, such contract or policy.
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.

Upon information and belief, the following policy provisions are believed to be relevant to this civil remedy notice. Section 1 Property Coverages – Coverage A – Dwelling Section 1 Perils Insured Against – Coverage A – Dwelling and Coverage B - Other Structures and Coverage C - Personal Property Section 1- Conditions – 3. Loss Settlement Section 1 – Conditions – 10. Loss Payment
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

On or about September 28, 2022, the Insureds, Debra and Terry Gavazzi, suffered significant damage to his home located at 3749 Ragen Street, North Port, Florida 34287 as a result of Hurricane Ian. The hurricane warning notice sent the preceding Monday September 26, 2022 countywide to Sarasota County highlighted North Port, Florida as particularly at risk and noted threats to life and property, with a potential for wind speeds 110MPH or greater, and a devastating to catastrophic impact potential inclusive of structural damage to sturdy building with some complete roof and wall failures, snapping and uprooting of large trees, and widespread power and communication outages. On September 28, 2022, an extreme wind warning was issued to the county, pertinent to Hurricane Ian’s eyewall which said “THIS IS AN EXTREMELY DANGEROUS AND LIFE-THREATENING SITUATION!” As part of its post-loss investigation and assessment, Air Quality Assessors of Florida (“AQA”) conducted storm and meteorological data research and found through sources inclusive of the NOAA, NCEI, NESDIS, Weather Guidance, and Radara Data Map that there were peak winds of 82MPH to 124MPH present near the subject property during the recorded period of September 27, 2022 through September 29, 2022. Prior to the loss, Heritage Property & Casualty Insurance Company (“Heritage”), had issued a policy of insurance (Policy No.: HPH044905) for the Insureds’ property. Said policy was in full force and effect on date of loss and afforded coverage for wind and hurricane damages. Heritage was timely notified of the loss by the Insureds and assigned claim number H99370. During the course of Heritage’s investigation, the Insureds made the property available for inspection, provided facts and information surrounding the loss, and complied with Heritage‘s adjustment of the claim. Although, Heritage acknowledged the Insureds’ property was damaged by the hurricane, Heritage capriciously underpaid a majority of the damages claimed. Heritage came to its coverage determination by ignoring relevant facts and information provided by the Insureds and their contractors that established the damages to their residence were unquestionably the result of hurricane damage. Most concerning, Heritage and its representatives either underplayed or misrepresented its own findings in order to avoid having to tender payment on a claim that it knows should be covered pursuant to the terms of the policy. It is clear that Heritage has not acted honestly or fairly towards its Insureds. Heritage and its representatives have failed to conduct a proper investigation of the loss, misrepresented the scope and cause of damages to the residence, and misapplied exclusions in the policy in order to improperly deny coverage for the Insureds' claim. It has become a general business practice of Heritage 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. Most concerning, Heritage seems to willfully disregard what it considers to be unfavorable information to avoid payment. As is the case here, it is a pattern and practice for Heritage to arbitrarily deny claims without conducting reasonable investigations and instead base its coverage determinations on evidence it knows to be inaccurate or incomplete. In order to cure this civil remedy notice, Heritage must acknowledge the damages to the subject property, especially those to the roof, gutters, exterior stucco/paint, and soffits/fascia, are a covered loss deriving from Hurricane Ian and immediately tender $314,326.38 made payable to “Debra Gavazzi and Terry Gavazzi and Cohen Law Group” less any prior payments and deductible. The written acknowledgement and payment should be provided to the Insureds’ counsel, David William Davich, Esq., at 350 N. Lake Destiny Road, Maitland, Florida 32751.
Comments
User Id Date Added Comment
ncarlisle@heritagepci.com 05-05-2025 May 5, 2025 VIA ELECTRONIC SUBMISSION Florida Department of Insurance Civil Remedy Section 200 East Gaines Street Tallahassee, Florida 32399 Complainant: Debra and Terry Gavazzi Insured: Debra and Terry Gavazzi Insurer: Heritage Property & Casualty Insurance Company DFS File No.: 811371 Claim No: H99370 Policy No.: HPH044905 Dear Madam and/or Sir: Please allow this correspondence to serve as Heritage Property & Casualty Insurance Company’s (“Heritage”) official response to the Civil Remedy Notice of Insurer Violation (“Notice”), Filing Number 811371, filed by or on behalf of Heritage’s insureds Debra and Terry Gavazzi, and accepted by the department on March 16, 2025. Without waiving Heritage’s arguments that the subject Civil Remedy Notice is legally insufficient and non-compliant with Florida law, Heritage has at all times performed its obligations under the insurance policy in a prompt and diligent manner with due regard for the interest of its insureds, Debra and Terry Gavazzi. The Notice contains a list of violations which are alleged to have been committed by Heritage. In fact, none of the listed violations/allegations have occurred and Heritage categorically denies any violations of §624.155 and §626.9541, Fla. Stat., as well as any and all other statutes/regulations/codes/rules. Additionally, the Notice does not identify the specific policy language relevant to the alleged violations, instead it identifies the entire policy. As such, the Notice does not comply with Florida law and is legally insufficient. The Notice fails to identify the person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in the Notice. Heritage denies any and all allegations of any kind referenced in the Notice. In addition to the foregoing, the matter has been resolved and Plaintiffs have agreed to withdraw the Notice as a part of the settlement agreement. Sincerely, /s/ Robert R. Beard III Robert R. Beard III, Esq. Staff Counsel Heritage Property & Casualty Insurance Co. cc: David W. Davich, Esq., via email; wdavich@itsaboutjustice.law CRN Response
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