Civil Remedy Notice of Insurer Violations
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Filing Number:     811556
Filing Accepted:  3/17/2025
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Complainant
Last/Business Name *  
REEVES   First Name   MEGAN
Street Address * 702 S BELLA VISTA ST
City, State Zip * TAMPA, FL 33609
Email Address * MEGANMORTON28@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   REEVES   First Name   MEGAN
Policy # * OIC30112181 Claim #* 24FLHOV0016552
Attorney
Attorney is Applicable
Last Name* SCHILLING First Name * JEREMY Initial T
Street Address* 1700 NW 64TH ST SUITE 460
City, State Zip* FORT LAUDERDALE , FLORIDA 33309
Email Address * AGRONDIN@SCHILLINGSILVERS.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   OLYMPUS INSURANCE COMPANY
NAIC Company Code 12954
 
Name of individual responsible for violation (if any):* OLYMPUS CLAIMS ADJUSTER
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
Claim Denial
Claim Delay
Unfair Trade Practice
* Statutory provision(s) which the insurer allegedly violated.
 
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)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

E. Mediation Or Appraisal If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing as outlined in SECTION I – CONDITIONS, G. Suit Against Us so that either party may: 1. Demand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services. a. For the purposes of mediation, the term “claim” refers to any dispute between an insurer and a policyholder relating to a material issue of fact. b. The loss amount must be $500 or more, prior to application of the deductible; or there must be a difference of $500 or more between the loss settlement amount we offer and the loss settlement amount that you request. c. The settlement in the course of the mediation is binding only if both parties agree, in writing, on a settlement and, you have not rescinded the settlement within 3 business days after reaching settlement. You may not rescind the settlement after cashing or depositing the settlement check or draft we provided to you. d. We will pay the cost of conducting any mediation conference except when you fail to appear at a conference. That conference will then be rescheduled upon your payment of the mediator's fee for that rescheduled conference. If we fail to appear at a mediation conference, we will pay: (1) Your actual cash expenses you incur in attending the conference; and (2) The mediator’s fee for the rescheduled conference. 2. Demand appraisal. a. If you and we fail to agree on the amount of the loss, either party may demand an appraisal by presenting the other party with a request for appraisal of the amount of loss. The request for appraisal must be in writing and shall include an estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. If the other party agrees in writing to participate in appraisal, then the appraisal shall proceed. b. In this event, each party will choose a competent and disinterested appraiser and notify the other of the appraiser’s identity within 20 days after receiving a written demand from the other. c. The two appraisers will choose a competent and disinterested umpire. If the appraisers are unable to agree upon an umpire within 15 days, you or we can ask a judge of a court of record in the state where the “residence premises” is located to select an umpire. d. The appraisers will separately set the amount of loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of loss. e. If they fail to agree, the two appraisers will submit their differences to the umpire. A decision agreed to by any two of the three will set the amount of loss. f. The appraisal award will be in writing and shall include the following: (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings; (2) The agreed amount of each item, its replacement cost value and corresponding actual cash value; and (3) A statement of “This award is made subject to the terms and conditions of the policy.” g. Each party will: (1) Pay its own appraiser, including their costs associated with producing the estimate described in 2.a. above; and (2) Bear the fees and expenses of the appraisal and umpire equally. h. You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the damaged property, in accordance with the terms of the policy. If however, we demanded the mediation and either party rejects the mediation results, you are not required to submit to, or participate in, any appraisal of the loss as a precondition to action against us for failure to pay the loss. If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement and intent to file suit in writing as outlined in SECTION I – CONDITIONS, G. Suit Against Us to allow us an opportunity to exercise our right to demand mediation or appraisal. In Form HO 00 06, F. Other Insurance And Service Agreement is deleted and replaced by the following: F. Other Insurance And Service Agreement If a loss covered by this policy is also covered by other insurance or a service agreement, this insurance is excess over the amount recoverable under such other insurance or service agreement. However, if a loss covered by this policy is covered by other insurance covering the same property, and such other insurance is excess insurance over the amount recoverable under any other policy covering the same property, we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of such insurance covering the loss. Service agreement means a service plan, property restoration plan, home warranty or other similar service warranty agreement, even if it is characterized as insurance. G. Suit Against Us is deleted and replaced by the following: G. Suit Against Us No action can be brought against us by you unless there has been full compliance with all of the terms and conditions under SECTION I of this policy and the action is started within 5 years after the date of loss. Prior to filing suit, you must provide the Florida Department of Financial Services with written notice of intent to initiate litigation at least 10 business days before filing suit under the policy, in accordance with s. 627.70152, Florida Statutes. H. Our Option is deleted and replaced by the following: H. Our Option 1. At our option, in lieu of issuing any loss payment, if we choose to exercise our option: a. For losses settled on an actual cash value basis as outlined in SECTION I – CONDITIONS, C. Loss Settlement, we may repair or replace any part of the damaged property with material or property of like kind and quality. b. For losses insured for replacement cost as outlined in SECTION I – CONDITIONS, C. Loss Settlement, we may elect to repair or replace any or all of the damaged property with material of like kind and quality without deduction for depreciation. 2. If we choose to exercise our option, we will provide written notice to you no later than 30 days after our inspection of the loss. We may invoke our option to repair within the stated time frame after either a “supplemental claim” or “reopened claim” regardless of whether we invoked our option during the adjustment of the initial claim or a prior “supplemental claim”. 3. If we choose to exercise our option, you must cooperate with and grant us, or any person authorized to act on our behalf, reasonable access to the property in order for repairs to be made. 4. You are responsible for payment of the deductible stated in your Declarations Page. 5. You must comply with the duties described in SECTION I – CONDITIONS, B. Duties After Loss, paragraph 7. 6. As often as is reasonably necessary to effectuate repairs, you must: a. Provide access to the property; b. Execute any necessary city, county, or municipal permits for repairs to be undertaken; c. Execute any work authorizations to allow contractors and related parties entry to the property; d. Otherwise cooperate with the repairs to the property. Our right to exercise our option to repair or replace, and our decision to do so, is a material part of this contract and under no circumstances relieves you or us of our mutual duties and obligations under this contract. Any contract entered into between you and any repair person(s), contractor, or other person or company to perform repairs or services except reasonable emergency measures for any loss attributed to a covered peril shall not interfere with this right.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Artha and Megan Reeves (“Insureds”) purchased an insurance policy (“Policy”) from Olympus Insurance Company (“Olympus”), bearing policy number OIC30112181, for the property located at 6325 McCoy Road, Orlando, Florida 32822 (“Property.”) During the applicable Policy period, the Property sustained damage as a result of wind from Hurricane Milton on or about October 8, 2024. On November 7th, 2024, Olympus concluded based on their investigation, the roof, chimney, and interior water damage to the home was damaged as a result of Hurricane Milton. Consequently, Olympus acknowledged that the subject claim is covered under the policy. Olympus selected the option to repair the roof, chimney, and interior of the home. Olympus decided that repairs were to be completed through the Olympus Elite Repair Program. However, Olympus did not provide notice of the Insured right to participate in the Department of Financial Services (DFS) mediation, making the repair option invalid. An insurance company’s duty to notify its insured of the insured’s right to participate in the Florida Department of Financial Services Mediation Program is governed by Florida Statute 627.7015 and the Florida Administrative Code Rule 69J-166.031. Florida Statute 627.7015 sets forth an alternative mediation procedure for resolution of disputed property damage claims. The statute essentially lays out the framework for a mediation conference to allow the parties to attempt to resolve a disputed claim for the purpose of protecting the Insured from a potentially expensive and time-consuming adversarial appraisal process. Under Subsection (2) of the statute, “At the time a first-party claim within the scope of this section is filed by the policyholder, the insurer shall notify the policyholder of its right to participate in the mediation program under this section. 627.7015(2), Florida Statutes (2022). Additionally, “If the insurer fails to comply with subsection (2) by failing to notify a policyholder of its right to participate in the mediation program... the policyholder is not required to submit to or participate in any contractual loss appraisal process of the property loss damage as a precondition to legal action for breach of contract.” 627.7015(7), Florida Statutes (2022). Critically, subparagraph 9 of the statute defines “claim” for the purposes of this section. The term “claim” refers to any dispute between an insurer and a policyholder relating to a material issue of fact.” 627.7015(9), Florida Statutes (2022). So, while a cursory reading of the statute may indicate that the Mediation Notice be sent as soon as the claim is made, particular attention must be paid to the other sections of the Statute, including the definition of what is considered a claim under 627.7015. In the instant matter, the DFS Mediation pamphlet has not been provided to or on behalf of the Insureds as of the date that this CRN is filed. Without properly providing the insured with their options regarding mediation, Olympus cannot select the option to repair because they failed to provide the pamphlet that notifies the insured about their rights to participate in the mediation program. Florida Administrative Code Rule 69J-166.031 implements Florida Statute 627.7015. Fla. Admin. Code R. 69J-166.031(1). Thus, the Florida Department of Financial Services is authorized by law (Fla. Stat. 627.7015) to take the action specified in the law, engage in a rulemaking process, and create a framework for the Mediation of Residential Property Insurance Claims. Applying the Rule to the facts of this case, specifically subsection (4)(a)(1) states: At the time a first-party claim which falls within the scope of this rule is filed by the policyholder, the insurer shall notify the policyholder of the right to participate in this program. An insurer is required to make the claim determination or elect to repair pursuant to section 627.70131, F.S., before sending a notice of the right to mediate claims. The plain language of Statute 627.7015, as well as that of Rule 69J–166.031, clearly provide that if an insurer fails to properly comply with the Statute, the insurer shall not be able to invoke the option to repair without properly providing the insured with their options. Here. Olympus made its coverage determination on or about November 7, 2024, including invoking an option to repair that they did not have because they have yet to comply with DFS mediation protocols established in the Florida Statutes and Administrative Code. Again, as of the date of this CRN, Olympus has failed to provide notice of the Insureds right to DFS mediation in compliance with Florida Statutes and Administrative Code. By stating the above detailed facts, it is clear that Olympus has violated the following Florida Statutes: • 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; o There is public policy behind the requirement for DFS Mediation. That policy requires an insurance company to educate an insured as to the right to participate in mediation before submitting to Appraisal and/or an insurance company’s alleged right to repair the insured premises. o Olympus, in failing to educate Mr. and Mrs. Reeves, failed to educate them as to their right to mediation. The intended effect is clear: To make Mr. and Mrs. Reeves believe they had no right to the continued adjustment of their claim and to assume the response from Olympus as their only avenue. o However, in addition to the right to DFS Mediation, they also have other options. Namely invoking the Appraisal provision to resolve the scope and price of the needed repairs. • 626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims; o Olympus at best negligently failed to educate Mr. and Mrs. Reeves as to their right to submit to DFS mediation. At worst, they intentionally attempted to conceal that the Insureds had the right to resolve the dispute as to the scope and/or amount of the needed repairs. • 626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue; o Olympus at best negligently failed to educate Mr. and Mrs. Reeves as to their right to submit to DFS mediation. At worst, they intentionally attempted to conceal that the Insureds had the right to resolve the dispute as to the scope and/or amount of the needed repairs. • 626.9541(1)(i)(3)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim; or o Olympus at best negligently failed to educate Mr. and Mrs. Reeves as to their right to submit to DFS mediation. At worst, they intentionally attempted to conceal that the Insureds had the right to resolve the dispute as to the scope and/or amount of the needed repairs. As a direct result of Olympus’ breach of the Policy, the Insured was forced to seek the help of legal counsel to assist. Based on the above, it is irrefutable evidence that Olympus knowingly and intentionally performs subpar investigations into its claims in order to further disadvantage the Insured. Olympus used their familiarity of the mediation system to the disadvantage of the Insured. The financial detriment caused to the Insured is a direct result of Olympus’ reckless investigation. Upon information and belief, the aforementioned actions complained of, among others, were made by Olympus so often as to constitute a general business practice, evidencing a motive to enhance Olympus’ profits and designed to cause a detrimental effect to its policyholders. The above clearly depicts that Olympus adjusted this claim in bad faith and that Olympus is in direct violation of Unfair Claims Practices by knowingly underpaying a covered claim. This notice is given in order to perfect the right to pursue the civil remedy authorized by Section 624.155, Florida Statutes, should Olympus fail to cure the violations set forth in this Civil Remedy Notice within the given cure period. Therefore, to cure the defects outlined in this Civil Remedy Notice, Olympus must create and implement adequate guidelines for proper investigation and evaluation as to claims handling and for the training and supervision of employees, which will avoid future statutory violations as set forth above, and to prevent this from occurring in the future; create and implement adequate guidelines for the proper investigation and evaluation of these types of claims, and for the training and supervision of employees with regard to these types of claims to ensure Olympus’ claims handling procedures are adequate; act fairly and honestly towards the Insured with due regard for their best interests in attempting to settle the claim; immediately tender all insurance benefits due and owing to the Insured under the Policy pursuant to the relevant policy provisions provided therein that would reasonably place the property back to its pre-loss condition, including, but not limited to, all interest due and owing under applicable Florida Statutes; and pay the Insured the fair value of the insurance claim in the amount of $571,026.35. The Insured expects Olympus to respond to this CRN stating that it does not comply with Florida Statutes and that Olympus will ignore the specific allegations herein and fail to refute them with any factual basis.
Comments
User Id Date Added Comment
bkelley@wallenkelley.com 12-23-2025 December 23, 2025 Florida Department of Financial Services Consumer Assistance/Civil Remedy Section Larson Bldg., 200 E. Gaines Street Tallahassee, Florida 32399-0322 Re: Complainant: Megan Reeves Address: 702 S Bella Vista Street, Tampa, FL 33609 Insured: Megan Reeves Email: MeganMorton28@Gmail.com Policy #: OIC30112181 Claim: 24FLHOV0016552 Attorney: Jeremy T. Schilling, Esq. Email: AGrondin@SchillingSilvers.com Address: 1700 NW 64th Street, Suite 460, Fort Lauderdale, FL 33309 DOI File #: 811556 Date of Acceptance: March 17, 2025 To Whom It May Concern: Please accept this as the supplemental response of Olympus Insurance Company ("Olympus") to the Civil Remedy Notice filed by the Complainant, Megan Reeves. Olympus’ response is specifically in regard to Claim 24FLHOV0016552, which is related to a claim for Insureds’ property located at 702 S Bella Vista Street, Tampa, FL 33609, which was insured by Olympus under Policy # OIC30112181 with effective dates of that Policy being November 18, 2023 through November 18, 2024, and was in effect on the alleged date of loss, October 9, 2024. Statement of Facts This matter arises from a Hurricane Milton claim at the Insured’s Tampa, Florida residence. For the convenience of the reader, I have broken down the Statement of Facts that will detail Olympus’ handling of the file. 1. Claim: 24FLHOV0016552 The instant claim was reported to Olympus on October 10, 2024. After receipt of the claim, Olympus assigned a claim number, 24FLHOV0016552, and, on October 10, 2024, sent the Insured a preliminary acknowledgement email stating that their claim was received. Thereafter, Olympus sent an acknowledgment letter to the Insureds. In addition, Olympus provided a Homeowners’ Bill of Rights to inform them of their rights under the Policy. Olympus also sent correspondence requesting an executed sworn proof of loss in an effort to ascertain the amount of damages being claimed and a third letter informing the Insureds of their right to mediate the claim with the Department of Financial Services: Dispute Resolution Programs. Following same, Olympus’ Claims Adjuster contacted the Insured introduced himself and explained his role as the claim adjuster for the file and then reviewed the duties after a Loss. He also explained that Olympus has assigned Southern Safe Construction, Hydroscout, and Advanced Drying Systems to the file, and that they would be in contact within the next few days to schedule inspection. Following this call, the Adjuster also sent an email to the Insured that advised her as follows: “Good afternoon Megan, It was a pleasure speaking with you! I am glad you and your family are safe! My name is Jake Henkin, and I will be the Adjuster assisting you with the claim moving forward at this point. I have assigned the following vendors to assist with inspections. They should be contacting you within the next day to schedule. Southern Safe Construction - Full Exterior/Interior (Roof) HydroScout – Leak Detection + Interior/Exterior ADS Drying – Mitigation + Dry Out” Thereafter, Advanced Drying Systems conducted an inspection of the home in the presence of the Insured. They noted the damages and began water remediation services at the property (which were later paid by Olympus). On October 14, 2024, the Adjuster once more spoke to the Insured, advised that he would be assigning Paul Davis Restoration to the file as the claim also included interior and window damage to the home. He also provided her with the contact information for Southern Safe Construction. Later that day, Randy Koznoski of Southern Safe Construction inspected the property in the presence of the Insured. Mr. Koznoski inspected the roof, exterior, and interior, took photographs of each and then provided Olympus with a report containing his findings. On October 21, 2024, Josh T. Salzlein of Hydroscout inspected the Insured’s property in her presence. He also took photographs of the property, noted various areas with leaks, and prepared a report containing his findings and provided it to Olympus for review. After reviewing the materials, Olympus’ Adjuster contacted the Insured on October 28, 2024, to further discuss the claim. At that time, he advised he was still pending a bid from Paul Davis so he could complete the adjustment of the loss. Following this call, the Adjuster emailed the Insured with documents received from Southern Safe and Hydroscout. Following receipt of the materials from Paul Davis, Olympus determined that coverage would be afforded for the claim and that it would exercise its right to repair the property. Accordingly, the Claims Adjuster sent correspondence to the Insured on November 7, 2024 which specifically advised her as follows: Based on our investigation the roof, chimney, and interior water damage to the home that was damaged as a result of Hurricane Milton is covered under your policy. Olympus Insurance Company (“Olympus”) has the option to issue payment or to repair or replace the damaged property. Olympus has selected the option to repair the roof, chimney and interior water damages. Additionally, no additional damages were observed to the exterior or interior of the home. The covered damages will be limited to the roof, chimney and the ensuing water damages to the interior of the home, as a direct result of Hurricane Milton. The repairs to your property will be completed through the Olympus Elite Repair Program. The licensed and insured contractors participating in the program are vetted to ensure that you receive the highest level of quality and customer satisfaction. In addition to the manufacturer’s product warranty, you will receive a one-year workmanship warranty on the repairs to the roof, chimney and interior. The warranty applies only to work related to damages arising from the covered loss which are not otherwise excluded or the subject of another loss or claim. There is no additional cost to you beyond your deductible for the roof, chimney and interior repairs. Please be aware that not all damages reported are covered under your policy. Olympus assigned HydroScout to inspect the property on October 21st, 2024, who observed deteriorated weatherstripping and sealant along the base of multiple windows allowing wind-driven rain to enter the home and front door. Be advised, your policy does not include coverage for any wear and tear, marring, deterioration, or mechanical breakdown. In addition, the policy does not cover for faulty, inadequate or defective workmanship. Based on this information, the covered damages will be limited to the roof, chimney and interior. Southern Safe Construction has been selected to complete the roof and chimney repairs. Paul Davis Restoration has been selected to complete the interior repairs. - - - - To expeditiously facilitate the repairs: • We request that you promptly pay your deductible to Olympus in the amount of $43,080. Payment can be by check or money order made payable to Olympus Insurance or contact the undersigned to request a PayPal link. • A representative from Southern Safe Construction & Paul Davis Restoration will contact you to schedule an appointment and will visit your property; • You will be asked to execute the necessary paperwork including documents such as a work authorization, any material color selections, municipal permits and/or notice of commencement. • Southern Safe Construction & Paul Davis Restoration will generate a complete scope of repairs after inspecting your property and provide the scope of repairs to you; and • A project manager will be assigned and will be your point of contact with Southern Safe Construction & Paul Davis Restoration. Olympus requests your cooperation to timely complete the above next steps as required by your policy and as outlined in the policy Conditions. You may contract with Southern Safe Construction & Paul Davis Restoration for additional work beyond Olympus’ scope of repairs at your own expense. If you choose to do so, please discuss these details directly with Southern Safe Construction & Paul Davis Restoration. Also, it is important that you are aware that Olympus' decision to proceed with its Option to repair is limited to the scope of specific designated repairs for which it has exercised the Option to repair under the insurance policy. This may include all damages or portions of the total damage. Olympus will provide you with a scope of repairs once you allow Southern Safe Construction & Paul Davis Restoration to inspect the property. Olympus’ Option to repair only applies to the particular damage specified and currently known and reported in this claim. Exercising this Option to repair has no impact any future claims that may be made under your policy. These excerpts from your policy are for reference only. By this letter, Olympus does not imply that other policy provisions are not applicable as all of the policy terms and Conditions apply to your claim. Your insurance policy, HO 00 03 10 00 Homeowners 3 – Special Form, as amended by OL HO 100 09 23 Special Provisions – Florida endorsement, states within the “Our Option” provision as follows: Based on the terms and conditions of your policy, Olympus respectfully denies your claim for the reported window damage. Your policy, as amended by OL HO 5010 05 23 Spartan Enhanced Coverage Endorsement, states in relevant part SECTION I – PERILS INSURED AGAINST A. Coverage A – Dwelling And Coverage B – Other Structures 1. We insure against risk of direct loss to property described in Coverages A, B, and C only if that loss is a physical loss to property. 2. We do not insure, however, for loss under Coverages A, B, and C: a. Excluded under Section I – Exclusions; *** b. Caused by: … (5) Any of the following: (a) Wear and tear, marring, deterioration; (b) Mechanical breakdown, except as provided in ADDITIONAL COVERAGES, 13. Refrigerated Property Coverage and 17. Equipment Breakdown Coverage provided in this form; (c) Latent defect, inherent vice, or any quality in property that causes it to damage or destroy itself; … (g) Settling, shrinking, bulging, or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs, or ceilings; … SECTION I – EXCLUSIONS … B. We do not insure for loss to property described in Coverages A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered. … 3. Faulty, inadequate or defective: a. Planning, zoning, development, surveying, siting; b. Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; c. Materials used in repair, construction, renovation or remodeling; or d. Maintenance; of part or all of any property whether on or off the "residence premises". SECTION I – CONDITIONS … H. Our Option 1. At our option, in lieu of issuing any loss payment, if we choose to exercise our option: a. For losses settled on an actual cash value basis as outlined in SECTION I – CONDITIONS, C. Loss Settlement, we may repair or replace any part of the damaged property with material or property of like kind and quality. b. For losses insured for replacement cost as outlined in SECTION I – CONDITIONS, C. Loss Settlement, we may elect to repair or replace any or all of the damaged property with material of like kind and quality without deduction for depreciation. 2. If we choose to exercise our option, we will provide written notice to you no later than 30 days after our inspection of the loss. We may invoke our option to repair within the stated time frame after either a “supplemental claim” or “reopened claim” regardless of whether we invoked our option during the adjustment of the initial claim or a prior “supplemental claim”. 3. If we choose to exercise our option, you must cooperate with and grant us, or any person authorized to act on our behalf, reasonable access to the property in order for repairs to be made. 4. You are responsible for payment of the deductible stated in your Declarations Page. 5. You must comply with the duties described in SECTION I – CONDITIONS, B. Duties After Loss, paragraph 7. 6. As often as is reasonably necessary to effectuate repairs, you must: a. Provide access to the property; b. Execute any necessary city, county, or municipal permits for repairs to be undertaken; c. Execute any work authorizations to allow contractors and related parties entry to the property; d. Otherwise cooperate with the repairs to the property. Our right to exercise our option to repair or replace, and our decision to do so, is a material part of this contract and under no circumstances relieves you or us of our mutual duties and obligations under this contract. Any contract entered into between you and any repair person(s), contractor, or other person or company to perform repairs or services except reasonable emergency measures for any loss attributed to a covered peril shall not interfere with this right. … Either you or we may demand a mediation in accordance with the rules established by the Florida Department of Financial Services and stated in your policy. In addition, we ask that you present us with a detailed estimate of the damages you are claiming which should outline any dispute as to scope and/or price. Please refer to the relevant part of your policy which states as follows: SECTION I – CONDITIONS … E. Mediation Or Appraisal If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing as outlined in SECTION I – CONDITIONS, G. Suit Against Us so that either party may: 1. Demand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services. a. For the purposes of mediation, the term “claim” refers to any dispute between an insurer and a policyholder relating to a material issue of fact. b. The loss amount must be $500 or more, prior to application of the deductible; or there must be a difference of $500 or more between the loss settlement amount we offer and the loss settlement amount that you request. c. The settlement in the course of the mediation is binding only if both parties agree, in writing, on a settlement and, you have not rescinded the settlement within 3 business days after reaching settlement. You may not rescind the settlement after cashing or depositing the settlement check or draft we provided to you. d. We will pay the cost of conducting any mediation conference except when you fail to appear at a conference. That conference will then be rescheduled upon your payment of the mediator's fee for that rescheduled conference. If we fail to appear at a mediation conference, we will pay: (1) Your actual cash expenses you incur in attending the conference; and (2) The mediator’s fee for the rescheduled conference. … If however, we demanded the mediation and either party rejects the mediation results, you are not required to submit to, or participate in, any appraisal of the loss as a precondition to action against us for failure to pay the loss. If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement and intent to file suit in writing as outlined in SECTION I – CONDITIONS, G. Suit Against Us to allow us an opportunity to exercise our right to demand mediation or appraisal. … SECTION I – CONDITIONS … G. Suit Against Us. No action can be brought against us by you unless there has been full compliance with all of the terms and conditions under SECTION I of this policy and the action is started within 5 years after the date of loss. Prior to filing suit, you must provide the Florida Department of Financial Services with written notice to initiate litigation at least 10 business days before filing suit under the policy, in accordance with s. 627.70152, Florida Statutes. … Further Florida Statute 627.70152(3)(a) states: As a condition precedent to filing suit under a property insurance policy, a claimant must provide the department with written notice of intent to initiate litigation on a form provided by the department. Such notice must be given at least 10 business days before filing suit under the policy, but may not be given before the insurer has made a determination of coverage under s. 627.70131. Notice to the insurer must be provided by the department to the e-mail address designated by the insurer under S. 624.422. The notice must state with specificity all of the following information: 1. That the notice is provided pursuant to this section. 2. The alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage. 3. If provided by an attorney or other representative, that a copy of the notice was provided to the claimant. 4. If the notice is provided following a denial of coverage, an estimate of damages, if known. 5. If the notice is provided following acts or omissions by the insurer other than denial of coverage, both of the following: a. The presuit settlement demand, which must itemize the damages, attorney’s fees, and costs. b. The disputed amount. … Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions. Thank you for your attention to the foregoing and your anticipated cooperation as we work through this claim to effectuate repairs. I will continue to be the adjuster assigned to handle your claim until the covered repairs to your property have been completed. Should you have any questions regarding the Olympus Elite Repair Program or your claim, please do not hesitate to contact me.” This correspondence was also accompanied by an email on November 7, 2024, to the Insured which advised as follows: “Good afternoon Megan, I hope you are doing well! I have completed my review into your claim and coverage for the damages has been approved. Per your policy, we have the option to repair or replace the damages. We are choosing to invoke this option, and we want to address your damages with our Elite Repair Program. The attached letter contains additional information regarding the program and the next steps in terms of moving forward with the repairs. You will receive a call from a representative at Southern Safe Construction and Paul Davis Restoration to schedule an inspection date and to begin the repair process. In addition, you are responsible for the $43,080 Deductible payment, per your policy. This will be sent via PayPal. If you have any questions let me know.” Following a request from the Insured for materials from Paul Davis, Olympus’ Claims Adjuster sent an email on November 10, 2024 with documentation that advised her, “I hope you are having a nice weekend. I have attached the PDR Report and photos for you to review. Below is everything being addressed, as we do not disclose the prices from PDR.” As the deductible was not paid, Olympus sent a follow-up mail on December 4, 2024, requesting same. On December 7, 2024, Olympus sent another letter to the Insured which advised her that duties still needed to be performed. Specifically, Olympus’ Adjuster wrote: “This correspondence is meant to provide you with a status of your above referenced claim and to request your cooperation with your post-loss obligations so that our Elite Repair Vendor can begin repairs to your property. As you are aware, Olympus issued insurance policy number OIC30049738-05 with effective dates of coverage from 11/18/2024 to 11/18/2024 for the property located at 702 S Bella Vista St Tampa, FL 33609-4305. This policy was issued to you as the named insured, and the insurance coverage under the policy is subject to its terms and conditions and the express coverage limitations and exclusions to coverage set forth in the policy forms and endorsements. On 11/07/2024 we notified you that Olympus had exercised its contractual right to invoke its Option to repair the covered loss or damage to the insured property under the terms of the policy and that our preferred contractors were assigned to complete the repairs. On 11/07/2024 Olympus notified you that we approved Paul Davis Restoration and Southern Safe’s proposal and notified you that Olympus was pending receipt of your deductible payment in the amount of $43,080. As of this date, you have not been cooperative with the repairs to the property, contrary to your obligations under the insurance contract. Based on the above, Paul Davis Restoration and Southern Safe Construction cannot begin repairs or proceed with additional information needed. Pursuant to the terms of your policy, you are still responsible for payment of the policy deductible stated in your Declarations Page when Olympus invokes its Option to repair. Failing to do so and otherwise cooperate with Olympus may constitute a material breach of your policy… … Please be advised that your failure to pay the ($43,080) deductible or to allow Olympus or its agents to enter your property and complete the necessary repairs may constitute a material breach of the insurance contract and result in the closure of your claim. Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions. Should you have any further questions, please feel free to call me.” This letter was also accompanied by an email to the Insured from the Claims Adjuster that state: “Dear Megan, I hope you are doing well! We still haven’t received the Hurricane Deductible in order to proceed with the approved repairs. If you could please provide an update on when you plan to make the deductible payment, we would greatly appreciate it. Please see the attached “Initial Cooperation Letter” for your review.” Following same, Olympus received the Insured’s Public Adjuster’s Letter of Representation. In response to that letterr, Olympus’ Adjuster sent correspondence which advised them, “This correspondence acknowledges your letter of representation for Megan Reeves dated 12/18/24, regarding the above referenced claim. A copy of the certified policy has also been requested for you. Should you have any questions, please contact me.” An email was also sent to their office which stated: “Dear Trojan Claims Consulting, Please find the attached “Acknowledgment Letter” for your review. I have also requested a “certified” copy of the policy be emailed directly to you. Additionally, I have attached the scope of work from Paul Davis Restoration, as we have “Invoked” our option to repair and are pending payment of the deductible from the insured. I’ve also attached the Invoke Letter outlining our coverage decision, as such we are not in agreeance with the estimate you have provided and will be proceeding with our original claim determination (11/7/24). Lastly, attached is the original cooperation letter sent on 12/7/24, as this will serve as our second attempt to proceed with the approved repairs.” The following day, Olympus sent another email to the Public Adjuster’s office with a copy of the Policy which advised, “Thank you for contacting Olympus Insurance. Please see the attached certified policy for above-mentioned insured being sent per your request. If you have any questions, please let us know. We will add the inquiries to the claim for the adjuster to review and respond.” Following subsequent correspondence from the Insured’s Public Adjuster, Olympus’ Claims Adjuster responded as follows, “Good morning, Attached is the SOW and the invoke letter sent back on November 7th, 2024. Additionally, we have sent two cooperation letters to date, as we have yet to receive the deductible.” On February 9, 2025, Olympus sent another cooperation letter to the Insured which specifically advised her that: “This correspondence is meant to provide you with a status of your above referenced claim and to request your cooperation with your post-loss obligations so that our Elite Repair Vendor can begin repairs to your property. As you are aware, Olympus issued insurance policy number OIC30049738-05 with effective dates of coverage from 11/18/2024 to 11/18/2024 for the property located at 702 S Bella Vista St Tampa, FL 33609-4305. This policy was issued to you as the named insured, and the insurance coverage under the policy is subject to its terms and conditions and the express coverage limitations and exclusions to coverage set forth in the policy forms and endorsements. On 11/07/2024 we notified you that Olympus had exercised its contractual right to invoke its Option to repair the covered loss or damage to the insured property under the terms of the policy and that our preferred contractors were assigned to complete the repairs. On 11/07/2024 Olympus notified you that we approved Paul Davis Restoration and Southern Safe’s proposal and notified you that Olympus was pending receipt of your deductible payment in the amount of $43,080. On 12/07/24 and 01/21/25, we sent letters informing you that you must first pay your deductible for repairs to begin. As of this date, you have not made the deductible payment and have not otherwise cooperated with the repairs to the property, contrary to your obligations under the insurance contract. Based on the above, Paul Davis Restoration and Southern Safe cannot begin repairs. Pursuant to the terms of your policy, you are still responsible for payment of the policy deductible stated in your Declarations Page when Olympus invokes its Option to repair. Failing to do so and otherwise cooperate with Olympus may constitute a material breach of your policy… Please be advised that your failure to pay the ($43,080.00) deductible or to allow Olympus or its agents to enter your property and complete the necessary repairs may constitute a material breach of the insurance contract and result in the closure of your claim. At this time, we have not received the requested deductible payment necessary to move forward with the repairs to your home. As such, if we do not receive a response within 10 days of the date of this letter, we will assume that you do not wish to pursue the claim and will close our file. Should you pay your deductible, we will reopen the claim and proceed with repairs under our contractual Option to repair. Nothing herein shall constitute a waiver of that right. Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions. Should you have any further questions, please feel free to call me.” As the deductible remained unpaid, on February 9, 2025, the Claims Adjuster followed up this correspondence with an email to the Insured that stated, “Good Morning Megan, I hope you are doing well and having a nice weekend. Please see the attached “Final Cooperation Letter” for your review, as we are still pending the deductible payment. If you have any questions, please let me know.” Following receipt of the Insured’s Sworn Proof of Loss (provided by her Public Adjuster), Olympus sent correspondence on February 11, 2025, to advise her, “Olympus Insurance Company (“Olympus”) received your Sworn Statement in Proof of Loss on 02/10/2025 in the total amount of $614,106.35. • Olympus rejects your Sworn Proof of Loss, as we are not in agreeance with the amounts provided…” This was also accompanied by an email that day which stated, “Dear Mrs. Reeves, Olympus Insurance Company (“Olympus”) received your Sworn Statement in Proof of Loss on 02/10/2025 in the total amount of $614,106.35. Please see the attached “Sworn Proof of Loss Rejection Letter” for your review. We are still pending the hurricane deductible payment you are obligated to pay so repairs can begin.” As the deductible payment remained unpaid, on February 25, 2025, Olympus sent a final letter which advised her that the claim was being denied for lack of cooperation. Specifically, it noted as follows: “Olympus Insurance Company (“Olympus”) acknowledged the claim you reported on October 10, 2024, for storm related damages due to Hurricane Milton that reportedly occurred on October 9, 2024, Olympus assigned preferred vendor Southern Safe Construction (“Southern Safe”) to inspect the insured location on behalf of Olympus. During its inspection, Southern Safe observed covered damages to your shingle roofing system and damaged chimney caps. To further assist with our investigation, Olympus assigned preferred vendor Paul Davis Restoration (“PDR”) to inspect the insured location on behalf of Olympus. During its inspection, PDR observed ensuing water damages in multiple locations of the residence. Based on our investigation, Olympus determined that the damages to your roof, chimney caps and the ensuing water damage to the interior from the above-referenced loss to be covered under your policy. As such, on November 7, 2024, Olympus selected the option to repair the roof the covered damages. Olympus has sent three cooperation letters in an attempt to collect the $43,080.00 hurricane deductible your obligated to pay. On 12/7/2024, Olympus sent you an “Initial Cooperation Letter” and a “Second Cooperation Letter” on 01/21/2025. Olympus then sent a “Final Cooperation Letter” on 02/09/2025 in a final attempt to proceed with the claim. To date, we have not received payment for the hurricane deductible, contrary to your obligations under the insurance contract. Please be advised that the insurance contract requires compliance with all applicable provisions including without limitation all post-loss duties, such as: • Payment of Policy Deductible • Cooperation with OTR Repairs Unfortunately, you did not comply with your post-loss obligations. We have no duty to provide coverage under this policy if you fail to comply with the Duties After Loss. Compliance with you Duties After Loss is material to the investigation and is a condition precedent to recovery under the insurance contract. Your failure to comply with the Duties After Loss constitutes a breach of the insurance contract, when, as here, it prejudiced our investigation into your loss and claim. As a direct result of your contractual breach, Olympus is unable to verify material facts of your loss and has been unable to meaningfully investigate your claim, including, but not limited to, being unable to determine the date of loss, the cause of loss, whether the loss occurred over a period of time, and the extent of damages caused by the alleged loss. Since you did not comply with your Duties After Loss as required by the terms and conditions of the insurance contract issued to you, you are in breach of this contract. Therefore, Olympus must deny coverage for your claim. Our declination of coverage is also applied to any claim from any assignee and/or any other third party contracted by you for services per your policy conditions… … Should you wish to comply with our request(s) and cooperate with us in the investigation of your claim, we will gladly re-open your file for continuation of our investigation as outlined by your policy provisions. Our denial of your claim does not relieve you of the duty to maintain your property. You should move forward with any repairs necessary to remedy any defects and protect your property from further damage. Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions. Should you have any further questions concerning your claim, please let me know.” Seemingly in response to same, Olympus received the instant Civil Remedy Notice. 1. Nature of the Complainant’s Civil Remedy Complaint In the Civil Remedy Notice, the Complainant alleges Olympus violated: 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) Failing to adopt and implement standards for the proper investigation of claims. 626.9541(1)(i)(3)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim. These accusations are unfair given the nature of the facts and damage surrounding this claim. Here, the claim was processed, the Insured’s property was inspected on numerous occasions, Olympus timely invoked its option to repair the property, and sent numerous letters requesting compliance with the terms of the policy (and payment of the deductible). Specifically, first, Olympus asserts that it did act in good faith, fairly, and honestly towards the Insureds by taking all necessary steps to decide coverage all while keeping in constant communication with the Insureds. Second, Olympus asserts that it does have standards for the proper investigation of claims, standards that it used during the evaluation of this claim, including sending numerous individuals to inspect the property to evaluate the loss. Third, Olympus asserts that it made no misrepresentations to the Insured, and in all communications with the Insured, Olympus used exact Policy language. Fourth, Olympus asserts that it always acted promptly, never more than a few days, and often following up with the Insured when she did not respond promptly to Olympus’ communications. Fifth, Olympus asserts that it kept in constant written communication with the Insureds, as detailed above. Sixth, Olympus sent numerous written communications to the Insureds explaining its basis, while using direct policy language. Seventh, Olympus asserts that it did promptly notify the Insureds when additional information was needed, numerous times. Moreover, the Notice is deficient in the following aspects: • Section 624.155, Florida Statutes, requires that the Civil Remedy Notice identify the person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in this notice. The Purported Notice does not identify the person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in this notice. Thus, the Purported Notice is invalid for noncompliance with section 624.155, Florida Statutes. This Civil Remedy Notice is further defective because the Complainant has failed to ask for a proper cure of their Civil Remedy Notice. Instead, they have asked for the following cure(s): “Therefore, to cure the defects outlined in this Civil Remedy Notice, Olympus must create and implement adequate guidelines for proper investigation and evaluation as to claims handling and for the training and supervision of employees, which will avoid future statutory violations as set forth above, and to prevent this from occurring in the future; create and implement adequate guidelines for the proper investigation and evaluation of these types of claims, and for the training and supervision of employees with regard to these types of claims to ensure Olympus’ claims handling procedures are adequate; act fairly and honestly towards the Insured with due regard for their best interests in attempting to settle the claim; Immediately tender all insurance benefits due and owing to the Insured under the Policy pursuant to the relevant policy provisions provided therein that would reasonably place the property back to its pre-loss condition, including, but not limited to, all interest due and owing under applicable Florida Statutes; and pay the Insured the fair value of the insurance claim in the amount of $571,026.35. The Insured expects Olympus to respond to this CRN stating that it does not comply with Florida Statutes and that Olympus will ignore the specific allegations herein and fail to refute them with any factual basis.” Olympus responds: This is an improper cure remedy because after a reasoned coverage decision following multiple inspection, Olympus timely invoked its right to repair the property, and requested payment for the deductible pursuant to the terms of the policy. Moreover, Olympus would note that many of the requested “cures” for this Civil Remedy Notice are so vague and ambiguous that they cannot be completed with any specific actions. Namely, the Complainant has failed to list how Olympus can do any of the following: • Create and implement adequate guidelines for proper investigation and evaluation as to claims handling and for the training and supervision of employees, which will avoid future statutory violations as set forth above, and to prevent this from occurring in the future; • Create and implement adequate guidelines for the proper investigation and evaluation of these types of claims, and for the training and supervision of employees with regard to these types of claims to ensure Olympus’ claims handling procedures are adequate; • Act fairly and honestly towards the Insured with due regard for their best interests in attempting to settle the claim; • Immediately tender all insurance benefits due and owing to the Insured under the Policy pursuant to the relevant policy provisions provided therein that would reasonably place the property back to its pre-loss condition, including, but not limited to, all interest due and owing under applicable Florida Statutes Settlement Importantly, following the cure period for the instant Civil Remedy Notice, the parties agreed to settlement of the instant matter and counsel sent a General Release that included the allegations of this Civil Remedy Notice. Moreover, in this Release, Olympus specifically did not admit any liability, bad faith, or the allegations contained within this Civil Remedy Notice. The Insureds’ counsel agreed to settlement, executed a general release, which included this Civil Remedy Notice. Conclusion Olympus asserts that there was no misconduct in the adjustment of the Insured’s claim. As can be seen from the above, Olympus has credible evidence to support its belief that the claim was properly adjusted. The claim was processed, the Insured’s property was inspected on numerous occasions, Olympus timely invoked its option to repair the property, and repeatedly advised the Insured of her duty to pay the Policy deductible. Olympus has spent considerable time and resources in the investigation of this matter and believes that its efforts were made in good faith and based on the information available at the time of the claim, and it continues to do so. In turn, this Civil Remedy Notice unfairly characterizes the facts of the Insured’s claim and unfairly paints Olympus in a negative light. Moreover, the lack of specificity within the Civil Remedy Notice, has not given Olympus the ability to “cure” the allegations contained herein. Finally, pursuant to the settlement of this matter all matters related to this Civil Remedy Notice are now moot Sincerely, Brian Kelley Brian Kelley, Esq. On Behalf of Olympus Insurance Company
bkelley@wallenkelley.com 05-15-2025 May 15, 2025 Florida Department of Financial Services Consumer Assistance/Civil Remedy Section Larson Bldg., 200 E. Gaines Street Tallahassee, Florida 32399-0322 Re: Complainant: Megan Reeves Address: 702 S Bella Vista Street, Tampa, FL 33609 Insured: Megan Reeves Email: MeganMorton28@Gmail.com Policy #: OIC30112181 Claim: 24FLHOV0016552 Attorney: Jeremy T. Schilling, Esq. Email: AGrondin@SchillingSilvers.com Address: 1700 NW 64th Street, Suite 460, Fort Lauderdale, FL 33309 DOI File #: 811556 Date of Acceptance: March 17, 2025 To Whom It May Concern: Please accept this as the response of Olympus Insurance Company ("Olympus") to the Civil Remedy Notice filed by the Complainant, Megan Reeves. Olympus’ response is specifically in regard to Claim 24FLHOV0016552, which is related to a claim for Insureds’ property located at 702 S Bella Vista Street, Tampa, FL 33609, which was Insureds by Olympus under Policy # OIC30112181 with effective dates of that Policy being November 18, 2023 through November 18, 2024, and was in effect on the alleged date of loss, October 9, 2024. Statement of Facts This matter arises from a Hurricane Milton claim at the Insured’s Tampa, Florida residence. For the convenience of the reader, I have broken down the Statement of Facts that will detail Olympus’ handling of the file. 1. Claim: 24FLHOV0016552 The instant claim was reported to Olympus on October 10, 2024. After receipt of the claim, Olympus assigned a claim number, 24FLHOV0016552, and, on October 10, 2024, sent the Insured a preliminary acknowledgement email stating that their claim was received. Thereafter, Olympus sent an acknowledgment letter to the Insureds. In addition, Olympus provided a Homeowners’ Bill of Rights to inform them of their rights under the Policy. Olympus also sent correspondence requesting an executed sworn proof of loss in an effort to ascertain the amount of damages being claimed and a third letter informing the Insureds of their right to mediate the claim with the Department of Financial Services: Dispute Resolution Programs. Following same, Olympus’ Claims Adjuster contacted the Insured introduced himself and explained his role as the claim adjuster for the file and then reviewed the duties after a Loss. He also explained that Olympus has assigned Southern Safe Construction, Hydroscout, and Advanced Drying Systems to the file, and that they would be in contact within the next few days to schedule inspection. Following this call, the Adjuster also sent an email to the Insured that advised her as follows: “Good afternoon Megan, It was a pleasure speaking with you! I am glad you and your family are safe! My name is Jake Henkin, and I will be the Adjuster assisting you with the claim moving forward at this point. I have assigned the following vendors to assist with inspections. They should be contacting you within the next day to schedule. Southern Safe Construction - Full Exterior/Interior (Roof) HydroScout – Leak Detection + Interior/Exterior ADS Drying – Mitigation + Dry Out” Thereafter, Advanced Drying Systems conducted an inspection of the home in the presence of the Insured. They noted the damages and began water remediation services at the property (which were later paid by Olympus). On October 14, 2024, the Adjuster once more spoke to the Insured, advised that he would be assigning Paul Davis Restoration to the file as the claim also included interior and window damage to the home. He also provided her with the contact information for Southern Safe Construction. Later that day, Randy Koznoski of Southern Safe Construction inspected the property in the presence of the Insured. Mr. Koznoski inspected the roof, exterior, and interior, took photographs of each and then provided Olympus with a report containing his findings. On October 21, 2024, Josh T. Salzlein of Hydroscout inspected the Insured’s property in her presence. He also took photographs of the property, noted various areas with leaks, and prepared a report containing his findings and provided it to Olympus for review. After reviewing the materials, Olympus’ Adjuster contacted the Insured on October 28, 2024, to further discuss the claim. At that time, he advised he was still pending a bid from Paul Davis so he could complete the adjustment of the loss. Following this call, the Adjuster emailed the Insured with documents received from Southern Safe and Hydroscout. Following receipt of the materials from Paul Davis, Olympus determined that coverage would be afforded for the claim and that it would exercise its right to repair the property. Accordingly, the Claims Adjuster sent correspondence to the Insured on November 7, 2024 which specifically advised her as follows: Based on our investigation the roof, chimney, and interior water damage to the home that was damaged as a result of Hurricane Milton is covered under your policy. Olympus Insurance Company (“Olympus”) has the option to issue payment or to repair or replace the damaged property. Olympus has selected the option to repair the roof, chimney and interior water damages. Additionally, no additional damages were observed to the exterior or interior of the home. The covered damages will be limited to the roof, chimney and the ensuing water damages to the interior of the home, as a direct result of Hurricane Milton. The repairs to your property will be completed through the Olympus Elite Repair Program. The licensed and insured contractors participating in the program are vetted to ensure that you receive the highest level of quality and customer satisfaction. In addition to the manufacturer’s product warranty, you will receive a one-year workmanship warranty on the repairs to the roof, chimney and interior. The warranty applies only to work related to damages arising from the covered loss which are not otherwise excluded or the subject of another loss or claim. There is no additional cost to you beyond your deductible for the roof, chimney and interior repairs. Please be aware that not all damages reported are covered under your policy. Olympus assigned HydroScout to inspect the property on October 21st, 2024, who observed deteriorated weatherstripping and sealant along the base of multiple windows allowing wind-driven rain to enter the home and front door. Be advised, your policy does not include coverage for any wear and tear, marring, deterioration, or mechanical breakdown. In addition, the policy does not cover for faulty, inadequate or defective workmanship. Based on this information, the covered damages will be limited to the roof, chimney and interior. Southern Safe Construction has been selected to complete the roof and chimney repairs. Paul Davis Restoration has been selected to complete the interior repairs. - - - - To expeditiously facilitate the repairs: • We request that you promptly pay your deductible to Olympus in the amount of $43,080. Payment can be by check or money order made payable to Olympus Insurance or contact the undersigned to request a PayPal link. • A representative from Southern Safe Construction & Paul Davis Restoration will contact you to schedule an appointment and will visit your property; • You will be asked to execute the necessary paperwork including documents such as a work authorization, any material color selections, municipal permits and/or notice of commencement. • Southern Safe Construction & Paul Davis Restoration will generate a complete scope of repairs after inspecting your property and provide the scope of repairs to you; and • A project manager will be assigned and will be your point of contact with Southern Safe Construction & Paul Davis Restoration. Olympus requests your cooperation to timely complete the above next steps as required by your policy and as outlined in the policy Conditions. You may contract with Southern Safe Construction & Paul Davis Restoration for additional work beyond Olympus’ scope of repairs at your own expense. If you choose to do so, please discuss these details directly with Southern Safe Construction & Paul Davis Restoration. Also, it is important that you are aware that Olympus' decision to proceed with its Option to repair is limited to the scope of specific designated repairs for which it has exercised the Option to repair under the insurance policy. This may include all damages or portions of the total damage. Olympus will provide you with a scope of repairs once you allow Southern Safe Construction & Paul Davis Restoration to inspect the property. Olympus’ Option to repair only applies to the particular damage specified and currently known and reported in this claim. Exercising this Option to repair has no impact any future claims that may be made under your policy. These excerpts from your policy are for reference only. By this letter, Olympus does not imply that other policy provisions are not applicable as all of the policy terms and Conditions apply to your claim. Your insurance policy, HO 00 03 10 00 Homeowners 3 – Special Form, as amended by OL HO 100 09 23 Special Provisions – Florida endorsement, states within the “Our Option” provision as follows: Based on the terms and conditions of your policy, Olympus respectfully denies your claim for the reported window damage. Your policy, as amended by OL HO 5010 05 23 Spartan Enhanced Coverage Endorsement, states in relevant part SECTION I – PERILS INSURED AGAINST A. Coverage A – Dwelling And Coverage B – Other Structures 1. We insure against risk of direct loss to property described in Coverages A, B, and C only if that loss is a physical loss to property. 2. We do not insure, however, for loss under Coverages A, B, and C: a. Excluded under Section I – Exclusions; *** b. Caused by: … (5) Any of the following: (a) Wear and tear, marring, deterioration; (b) Mechanical breakdown, except as provided in ADDITIONAL COVERAGES, 13. Refrigerated Property Coverage and 17. Equipment Breakdown Coverage provided in this form; (c) Latent defect, inherent vice, or any quality in property that causes it to damage or destroy itself; … (g) Settling, shrinking, bulging, or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs, or ceilings; … SECTION I – EXCLUSIONS … B. We do not insure for loss to property described in Coverages A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered. … 3. Faulty, inadequate or defective: a. Planning, zoning, development, surveying, siting; b. Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; c. Materials used in repair, construction, renovation or remodeling; or d. Maintenance; of part or all of any property whether on or off the "residence premises". SECTION I – CONDITIONS … H. Our Option 1. At our option, in lieu of issuing any loss payment, if we choose to exercise our option: a. For losses settled on an actual cash value basis as outlined in SECTION I – CONDITIONS, C. Loss Settlement, we may repair or replace any part of the damaged property with material or property of like kind and quality. b. For losses insured for replacement cost as outlined in SECTION I – CONDITIONS, C. Loss Settlement, we may elect to repair or replace any or all of the damaged property with material of like kind and quality without deduction for depreciation. 2. If we choose to exercise our option, we will provide written notice to you no later than 30 days after our inspection of the loss. We may invoke our option to repair within the stated time frame after either a “supplemental claim” or “reopened claim” regardless of whether we invoked our option during the adjustment of the initial claim or a prior “supplemental claim”. 3. If we choose to exercise our option, you must cooperate with and grant us, or any person authorized to act on our behalf, reasonable access to the property in order for repairs to be made. 4. You are responsible for payment of the deductible stated in your Declarations Page. 5. You must comply with the duties described in SECTION I – CONDITIONS, B. Duties After Loss, paragraph 7. 6. As often as is reasonably necessary to effectuate repairs, you must: a. Provide access to the property; b. Execute any necessary city, county, or municipal permits for repairs to be undertaken; c. Execute any work authorizations to allow contractors and related parties entry to the property; d. Otherwise cooperate with the repairs to the property. Our right to exercise our option to repair or replace, and our decision to do so, is a material part of this contract and under no circumstances relieves you or us of our mutual duties and obligations under this contract. Any contract entered into between you and any repair person(s), contractor, or other person or company to perform repairs or services except reasonable emergency measures for any loss attributed to a covered peril shall not interfere with this right. … Either you or we may demand a mediation in accordance with the rules established by the Florida Department of Financial Services and stated in your policy. In addition, we ask that you present us with a detailed estimate of the damages you are claiming which should outline any dispute as to scope and/or price. Please refer to the relevant part of your policy which states as follows: SECTION I – CONDITIONS … E. Mediation Or Appraisal If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing as outlined in SECTION I – CONDITIONS, G. Suit Against Us so that either party may: 1. Demand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services. a. For the purposes of mediation, the term “claim” refers to any dispute between an insurer and a policyholder relating to a material issue of fact. b. The loss amount must be $500 or more, prior to application of the deductible; or there must be a difference of $500 or more between the loss settlement amount we offer and the loss settlement amount that you request. c. The settlement in the course of the mediation is binding only if both parties agree, in writing, on a settlement and, you have not rescinded the settlement within 3 business days after reaching settlement. You may not rescind the settlement after cashing or depositing the settlement check or draft we provided to you. d. We will pay the cost of conducting any mediation conference except when you fail to appear at a conference. That conference will then be rescheduled upon your payment of the mediator's fee for that rescheduled conference. If we fail to appear at a mediation conference, we will pay: (1) Your actual cash expenses you incur in attending the conference; and (2) The mediator’s fee for the rescheduled conference. … If however, we demanded the mediation and either party rejects the mediation results, you are not required to submit to, or participate in, any appraisal of the loss as a precondition to action against us for failure to pay the loss. If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement and intent to file suit in writing as outlined in SECTION I – CONDITIONS, G. Suit Against Us to allow us an opportunity to exercise our right to demand mediation or appraisal. … SECTION I – CONDITIONS … G. Suit Against Us. No action can be brought against us by you unless there has been full compliance with all of the terms and conditions under SECTION I of this policy and the action is started within 5 years after the date of loss. Prior to filing suit, you must provide the Florida Department of Financial Services with written notice to initiate litigation at least 10 business days before filing suit under the policy, in accordance with s. 627.70152, Florida Statutes. … Further Florida Statute 627.70152(3)(a) states: As a condition precedent to filing suit under a property insurance policy, a claimant must provide the department with written notice of intent to initiate litigation on a form provided by the department. Such notice must be given at least 10 business days before filing suit under the policy, but may not be given before the insurer has made a determination of coverage under s. 627.70131. Notice to the insurer must be provided by the department to the e-mail address designated by the insurer under S. 624.422. The notice must state with specificity all of the following information: 1. That the notice is provided pursuant to this section. 2. The alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage. 3. If provided by an attorney or other representative, that a copy of the notice was provided to the claimant. 4. If the notice is provided following a denial of coverage, an estimate of damages, if known. 5. If the notice is provided following acts or omissions by the insurer other than denial of coverage, both of the following: a. The presuit settlement demand, which must itemize the damages, attorney’s fees, and costs. b. The disputed amount. … Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions. Thank you for your attention to the foregoing and your anticipated cooperation as we work through this claim to effectuate repairs. I will continue to be the adjuster assigned to handle your claim until the covered repairs to your property have been completed. Should you have any questions regarding the Olympus Elite Repair Program or your claim, please do not hesitate to contact me.” This correspondence was also accompanied by an email on November 7, 2024, to the Insured which advised as follows: “Good afternoon Megan, I hope you are doing well! I have completed my review into your claim and coverage for the damages has been approved. Per your policy, we have the option to repair or replace the damages. We are choosing to invoke this option, and we want to address your damages with our Elite Repair Program. The attached letter contains additional information regarding the program and the next steps in terms of moving forward with the repairs. You will receive a call from a representative at Southern Safe Construction and Paul Davis Restoration to schedule an inspection date and to begin the repair process. In addition, you are responsible for the $43,080 Deductible payment, per your policy. This will be sent via PayPal. If you have any questions let me know.” Following a request from the Insured for materials from Paul Davis, Olympus’ Claims Adjuster sent an email on November 10, 2024 with documentation that advised her, “I hope you are having a nice weekend. I have attached the PDR Report and photos for you to review. Below is everything being addressed, as we do not disclose the prices from PDR.” As the deductible was not paid, Olympus sent a follow-up mail on December 4, 2024, requesting same. On December 7, 2024, Olympus sent another letter to the Insured which advised her that duties still needed to be performed. Specifically, Olympus’ Adjuster wrote: “This correspondence is meant to provide you with a status of your above referenced claim and to request your cooperation with your post-loss obligations so that our Elite Repair Vendor can begin repairs to your property. As you are aware, Olympus issued insurance policy number OIC30049738-05 with effective dates of coverage from 11/18/2024 to 11/18/2024 for the property located at 702 S Bella Vista St Tampa, FL 33609-4305. This policy was issued to you as the named insured, and the insurance coverage under the policy is subject to its terms and conditions and the express coverage limitations and exclusions to coverage set forth in the policy forms and endorsements. On 11/07/2024 we notified you that Olympus had exercised its contractual right to invoke its Option to repair the covered loss or damage to the insured property under the terms of the policy and that our preferred contractors were assigned to complete the repairs. On 11/07/2024 Olympus notified you that we approved Paul Davis Restoration and Southern Safe’s proposal and notified you that Olympus was pending receipt of your deductible payment in the amount of $43,080. As of this date, you have not been cooperative with the repairs to the property, contrary to your obligations under the insurance contract. Based on the above, Paul Davis Restoration and Southern Safe Construction cannot begin repairs or proceed with additional information needed. Pursuant to the terms of your policy, you are still responsible for payment of the policy deductible stated in your Declarations Page when Olympus invokes its Option to repair. Failing to do so and otherwise cooperate with Olympus may constitute a material breach of your policy… … Please be advised that your failure to pay the ($43,080) deductible or to allow Olympus or its agents to enter your property and complete the necessary repairs may constitute a material breach of the insurance contract and result in the closure of your claim. Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions. Should you have any further questions, please feel free to call me.” This letter was also accompanied by an email to the Insured from the Claims Adjuster that state: “Dear Megan, I hope you are doing well! We still haven’t received the Hurricane Deductible in order to proceed with the approved repairs. If you could please provide an update on when you plan to make the deductible payment, we would greatly appreciate it. Please see the attached “Initial Cooperation Letter” for your review.” Following same, Olympus received the Insured’s Public Adjuster’s Letter of Representation. In response to that letterr, Olympus’ Adjuster sent correspondence which advised them, “This correspondence acknowledges your letter of representation for Megan Reeves dated 12/18/24, regarding the above referenced claim. A copy of the certified policy has also been requested for you. Should you have any questions, please contact me.” An email was also sent to their office which stated: “Dear Trojan Claims Consulting, Please find the attached “Acknowledgment Letter” for your review. I have also requested a “certified” copy of the policy be emailed directly to you. Additionally, I have attached the scope of work from Paul Davis Restoration, as we have “Invoked” our option to repair and are pending payment of the deductible from the insured. I’ve also attached the Invoke Letter outlining our coverage decision, as such we are not in agreeance with the estimate you have provided and will be proceeding with our original claim determination (11/7/24). Lastly, attached is the original cooperation letter sent on 12/7/24, as this will serve as our second attempt to proceed with the approved repairs.” The following day, Olympus sent another email to the Public Adjuster’s office with a copy of the Policy which advised, “Thank you for contacting Olympus Insurance. Please see the attached certified policy for above-mentioned insured being sent per your request. If you have any questions, please let us know. We will add the inquiries to the claim for the adjuster to review and respond.” Following subsequent correspondence from the Insured’s Public Adjuster, Olympus’ Claims Adjuster responded as follows, “Good morning, Attached is the SOW and the invoke letter sent back on November 7th, 2024. Additionally, we have sent two cooperation letters to date, as we have yet to receive the deductible.” On February 9, 2025, Olympus sent another cooperation letter to the Insured which specifically advised her that: “This correspondence is meant to provide you with a status of your above referenced claim and to request your cooperation with your post-loss obligations so that our Elite Repair Vendor can begin repairs to your property. As you are aware, Olympus issued insurance policy number OIC30049738-05 with effective dates of coverage from 11/18/2024 to 11/18/2024 for the property located at 702 S Bella Vista St Tampa, FL 33609-4305. This policy was issued to you as the named insured, and the insurance coverage under the policy is subject to its terms and conditions and the express coverage limitations and exclusions to coverage set forth in the policy forms and endorsements. On 11/07/2024 we notified you that Olympus had exercised its contractual right to invoke its Option to repair the covered loss or damage to the insured property under the terms of the policy and that our preferred contractors were assigned to complete the repairs. On 11/07/2024 Olympus notified you that we approved Paul Davis Restoration and Southern Safe’s proposal and notified you that Olympus was pending receipt of your deductible payment in the amount of $43,080. On 12/07/24 and 01/21/25, we sent letters informing you that you must first pay your deductible for repairs to begin. As of this date, you have not made the deductible payment and have not otherwise cooperated with the repairs to the property, contrary to your obligations under the insurance contract. Based on the above, Paul Davis Restoration and Southern Safe cannot begin repairs. Pursuant to the terms of your policy, you are still responsible for payment of the policy deductible stated in your Declarations Page when Olympus invokes its Option to repair. Failing to do so and otherwise cooperate with Olympus may constitute a material breach of your policy… Please be advised that your failure to pay the ($43,080.00) deductible or to allow Olympus or its agents to enter your property and complete the necessary repairs may constitute a material breach of the insurance contract and result in the closure of your claim. At this time, we have not received the requested deductible payment necessary to move forward with the repairs to your home. As such, if we do not receive a response within 10 days of the date of this letter, we will assume that you do not wish to pursue the claim and will close our file. Should you pay your deductible, we will reopen the claim and proceed with repairs under our contractual Option to repair. Nothing herein shall constitute a waiver of that right. Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions. Should you have any further questions, please feel free to call me.” As the deductible remained unpaid, on February 9, 2025, the Claims Adjuster followed up this correspondence with an email to the Insured that stated, “Good Morning Megan, I hope you are doing well and having a nice weekend. Please see the attached “Final Cooperation Letter” for your review, as we are still pending the deductible payment. If you have any questions, please let me know.” Following receipt of the Insured’s Sworn Proof of Loss (provided by her Public Adjuster), Olympus sent correspondence on February 11, 2025, to advise her, “Olympus Insurance Company (“Olympus”) received your Sworn Statement in Proof of Loss on 02/10/2025 in the total amount of $614,106.35. • Olympus rejects your Sworn Proof of Loss, as we are not in agreeance with the amounts provided…” This was also accompanied by an email that day which stated, “Dear Mrs. Reeves, Olympus Insurance Company (“Olympus”) received your Sworn Statement in Proof of Loss on 02/10/2025 in the total amount of $614,106.35. Please see the attached “Sworn Proof of Loss Rejection Letter” for your review. We are still pending the hurricane deductible payment you are obligated to pay so repairs can begin.” As the deductible payment remained unpaid, on February 25, 2025, Olympus sent a final letter which advised her that the claim was being denied for lack of cooperation. Specifically, it noted as follows: “Olympus Insurance Company (“Olympus”) acknowledged the claim you reported on October 10, 2024, for storm related damages due to Hurricane Milton that reportedly occurred on October 9, 2024, Olympus assigned preferred vendor Southern Safe Construction (“Southern Safe”) to inspect the insured location on behalf of Olympus. During its inspection, Southern Safe observed covered damages to your shingle roofing system and damaged chimney caps. To further assist with our investigation, Olympus assigned preferred vendor Paul Davis Restoration (“PDR”) to inspect the insured location on behalf of Olympus. During its inspection, PDR observed ensuing water damages in multiple locations of the residence. Based on our investigation, Olympus determined that the damages to your roof, chimney caps and the ensuing water damage to the interior from the above-referenced loss to be covered under your policy. As such, on November 7, 2024, Olympus selected the option to repair the roof the covered damages. Olympus has sent three cooperation letters in an attempt to collect the $43,080.00 hurricane deductible your obligated to pay. On 12/7/2024, Olympus sent you an “Initial Cooperation Letter” and a “Second Cooperation Letter” on 01/21/2025. Olympus then sent a “Final Cooperation Letter” on 02/09/2025 in a final attempt to proceed with the claim. To date, we have not received payment for the hurricane deductible, contrary to your obligations under the insurance contract. Please be advised that the insurance contract requires compliance with all applicable provisions including without limitation all post-loss duties, such as: • Payment of Policy Deductible • Cooperation with OTR Repairs Unfortunately, you did not comply with your post-loss obligations. We have no duty to provide coverage under this policy if you fail to comply with the Duties After Loss. Compliance with you Duties After Loss is material to the investigation and is a condition precedent to recovery under the insurance contract. Your failure to comply with the Duties After Loss constitutes a breach of the insurance contract, when, as here, it prejudiced our investigation into your loss and claim. As a direct result of your contractual breach, Olympus is unable to verify material facts of your loss and has been unable to meaningfully investigate your claim, including, but not limited to, being unable to determine the date of loss, the cause of loss, whether the loss occurred over a period of time, and the extent of damages caused by the alleged loss. Since you did not comply with your Duties After Loss as required by the terms and conditions of the insurance contract issued to you, you are in breach of this contract. Therefore, Olympus must deny coverage for your claim. Our declination of coverage is also applied to any claim from any assignee and/or any other third party contracted by you for services per your policy conditions… … Should you wish to comply with our request(s) and cooperate with us in the investigation of your claim, we will gladly re-open your file for continuation of our investigation as outlined by your policy provisions. Our denial of your claim does not relieve you of the duty to maintain your property. You should move forward with any repairs necessary to remedy any defects and protect your property from further damage. Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions. Should you have any further questions concerning your claim, please let me know.” Seemingly in response to same, Olympus received the instant Civil Remedy Notice. 1. Nature of the Complainant’s Civil Remedy Complaint In the Civil Remedy Notice, the Complainant alleges Olympus violated: 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) Failing to adopt and implement standards for the proper investigation of claims. 626.9541(1)(i)(3)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim. These accusations are unfair given the nature of the facts and damage surrounding this claim. Here, the claim was processed, the Insured’s property was inspected on numerous occasions, Olympus timely invoked its option to repair the property, and sent numerous letters requesting compliance with the terms of the policy (and payment of the deductible). Specifically, first, Olympus asserts that it did act in good faith, fairly, and honestly towards the Insureds by taking all necessary steps to decide coverage all while keeping in constant communication with the Insureds. Second, Olympus asserts that it does have standards for the proper investigation of claims, standards that it used during the evaluation of this claim, including sending numerous individuals to inspect the property to evaluate the loss. Third, Olympus asserts that it made no misrepresentations to the Insured, and in all communications with the Insured, Olympus used exact Policy language. Fourth, Olympus asserts that it always acted promptly, never more than a few days, and often following up with the Insured when she did not respond promptly to Olympus’ communications. Fifth, Olympus asserts that it kept in constant written communication with the Insureds, as detailed above. Sixth, Olympus sent numerous written communications to the Insureds explaining its basis, while using direct policy language. Seventh, Olympus asserts that it did promptly notify the Insureds when additional information was needed, numerous times. Moreover, the Notice is deficient in the following aspects: • Section 624.155, Florida Statutes, requires that the Civil Remedy Notice identify the person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in this notice. The Purported Notice does not identify the person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in this notice. Thus, the Purported Notice is invalid for noncompliance with section 624.155, Florida Statutes. This Civil Remedy Notice is further defective because the Complainant has failed to ask for a proper cure of their Civil Remedy Notice. Instead, they have asked for the following cure(s): “Therefore, to cure the defects outlined in this Civil Remedy Notice, Olympus must create and implement adequate guidelines for proper investigation and evaluation as to claims handling and for the training and supervision of employees, which will avoid future statutory violations as set forth above, and to prevent this from occurring in the future; create and implement adequate guidelines for the proper investigation and evaluation of these types of claims, and for the training and supervision of employees with regard to these types of claims to ensure Olympus’ claims handling procedures are adequate; act fairly and honestly towards the Insured with due regard for their best interests in attempting to settle the claim; Immediately tender all insurance benefits due and owing to the Insured under the Policy pursuant to the relevant policy provisions provided therein that would reasonably place the property back to its pre-loss condition, including, but not limited to, all interest due and owing under applicable Florida Statutes; and pay the Insured the fair value of the insurance claim in the amount of $571,026.35. The Insured expects Olympus to respond to this CRN stating that it does not comply with Florida Statutes and that Olympus will ignore the specific allegations herein and fail to refute them with any factual basis.” Olympus responds: This is an improper cure remedy because after a reasoned coverage decision following multiple inspection, Olympus timely invoked its right to repair the property, and requested payment for the deductible pursuant to the terms of the policy. Moreover, Olympus would note that many of the requested “cures” for this Civil Remedy Notice are so vague and ambiguous that they cannot be completed with any specific actions. Namely, the Complainant has failed to list how Olympus can do any of the following: • Create and implement adequate guidelines for proper investigation and evaluation as to claims handling and for the training and supervision of employees, which will avoid future statutory violations as set forth above, and to prevent this from occurring in the future; • Create and implement adequate guidelines for the proper investigation and evaluation of these types of claims, and for the training and supervision of employees with regard to these types of claims to ensure Olympus’ claims handling procedures are adequate; • Act fairly and honestly towards the Insured with due regard for their best interests in attempting to settle the claim; • Immediately tender all insurance benefits due and owing to the Insured under the Policy pursuant to the relevant policy provisions provided therein that would reasonably place the property back to its pre-loss condition, including, but not limited to, all interest due and owing under applicable Florida Statutes Conclusion Olympus asserts that there was no misconduct in the adjustment of the Insured’s claim. As can be seen from the above, Olympus has credible evidence to support its belief that the claim was properly adjusted. The claim was processed, the Insured’s property was inspected on numerous occasions, Olympus timely invoked its option to repair the property, and repeatedly advised the Insured of her duty to pay the Policy deductible. Olympus has spent considerable time and resources in the investigation of this matter and believes that its efforts were made in good faith and based on the information available at the time of the claim, and it continues to do so. In turn, this Civil Remedy Notice unfairly characterizes the facts of the Insured’s claim and unfairly paints Olympus in a negative light. Moreover, the lack of specificity within the Civil Remedy Notice, has not given Olympus the ability to “cure” the allegations contained herein. Sincerely, Brian Kelley Brian Kelley, Esq. On Behalf of Olympus Insurance Company
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