Civil Remedy Notice of Insurer Violations
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Filing Number:     811721
Filing Accepted:  3/18/2025
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Complainant
Last/Business Name *  
OFLAHERTY   First Name   GEORGE AND MICHELLE
Street Address * 3314 WHISTLING TRAIL
City, State Zip * SAINT CLOUD, FL 34722
Email Address * WITHHELD
Complainant Type: * Insured
Insured
Last/Business Name*   OFLAHERTY   First Name   GEORGE AND MICHELLE
Policy # * KIN-HO-FL-210094397 Claim #* HO-4804140
Attorney
Attorney is Applicable
Last Name* GRICHENER First Name * ULYANA Initial
Street Address* 800 E BROWARD BLVD, SUITE 510
City, State Zip* HOLLYWOOD , FLORIDA 33001
Email Address * UG@WEKLAW.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   KIN INTERINSURANCE NETWORK
NAIC Company Code 16603
 
Name of individual responsible for violation (if any):* NATALIEN BROWN, DOUG HICKS
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
Unfair Trade Practice
* Statutory provision(s) which the insurer allegedly violated.
 
624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

HOMEOWNERS 3 - SPECIAL FORM HO 00 03 04 91 amended by KIN HO SP 07 21 • • • SECTION I - PROPERTY COVERAGES COVERAGE A - Dwelling We cover: 1. The dwelling on the “residence premises” used mainly as your private residence, including attached structures and attached wall-to-wall carpeting if damage to the dwelling is caused by a covered loss. This shall not include fences, whether attached or not attached to the dwelling. 2. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises." This coverage does not apply to land, including land on which the dwelling is located. 3. In-ground swimming pools including related permanently installed equipment such as pumps and filters • • • SECTION I - PERILS INSURED AGAINST COVERAGE A - DWELLING and COVERAGE B - OTHER STRUCTURES We insure for sudden and accidental direct loss to property described in Coverages A and B only if that loss is a physical loss to covered property. We do not insure, however, for loss: • • • • • • 2. Caused by: • • • e. Any of the following: (1) Wear and tear, marring, deterioration; • • • h. Rain, snow, sleet, sand or dust to the interior of a building unless a covered peril first damages the building causing an opening in a roof or outside wall, door or window and the rain, snow, sleet, sand or dust enters through this opening. 3. Excluded under Section I - Exclusions. • • SECTION I - EXCLUSIONS 1. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. • • • k. Existing Damage (1) Damage which occurred prior to policy inception regardless of whether such damages were apparent at the time of the inception of this policy or discovered at a later date; or claims for damages arising out of workmanship, repairs or lack of repairs arising from damage which occurred prior to policy inception. However, any ensuing loss arising out of workmanship, repairs or lack of repairs, caused by a Peril Insured Against, to property described under Section I - Property Coverages, is covered unless the loss is otherwise excluded in this policy. This Exclusion does not apply in the event of a total loss caused by a Peril Insured Against. • • • c. Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance; of part or all of any property whether on or off the "residence premises." • • •
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

George Oflaherty and Michelle Oflaherty (the "Insureds") purchased an insurance policy ("Policy") from KIN Interinsurance Network ("KIN"), with effective coverage on the date of the loss, on or about May 22, 2023, and policy number KIN-HO-FL-210094397 to insure the property located at 3314 Whistling Trail, Saint Cloud Florida 34772 (the "Property"). On or about May 22, 2023, the Property suffered severe damage as the result of wind, storm and/or hail event, which caused damage to the roofing system and ensuing damages to the Property’s interior (the "Loss"). KIN was timely notified of the Loss. KIN acknowledged the claim and assigned claim number HO-4804140 ("Claim") to the Loss. The Insureds retained Restoration Control to mitigate the damages by performing water mitigation inside, performing a mold test, and tarping the roof. Before KIN did anything on the Insureds’ claim, on December 4, 2023, they first sent out a Reservation of Rights Letter, with an already preconceived notion that they will be denying the claim. On or about December 5, 2023, KIN sent out a field adjuster, Doug Hicks to inspect the Insureds’ property. Mr. Hicks photographed the property and prepared an estimate of damages for $2,593.27 in replacement cost value which included roof and interior repairs as well. Then about two weeks later, Mr. Hicks prepared a revised estimate in the amount of $908.53 in replacement cost value which included only roof repairs. Instead of opening coverage for the damages observed by its own field adjuster, or issuing payment on its field adjuster’s estimates, KIN sent a status letter on January 4, 2024, that they are still investigation, retaining an engineer, etc. KIN proceeded to retain an engineer to try and find a way to deny the claim. Thus, on January 24, 2024, KIN then sent out an engineer from Keystone Experts and Engineers, LLC. Keystone provided a Report of findings on January 29, 2024 and then a supplemental Report of findings on February 2, 2024 at KIN’s request. On February 13, 2024, KIN authored a denial letter to the Insureds. Additionally, Restoration Control was requested to remove the tarp for KIN’s inspections but KIN failed to pay for any tarp removals. From the onset, it was clear to the Insureds that KIN had one goal - to reduce or eliminate its liability in the claim. KIN delivered a coverage determination that misrepresented the material facts of the claim and relied on a faulty and disingenuous inspection report. KIN thus denied the Insureds the full benefits they are rightfully entitled to without properly evaluating the proof provided by the Insureds. The Insureds complied with all of KIN’s requests, provided access for numerous inspections of their home, provided an estimate of damages in the amount of $27, 832.05, provided photographs of the damages, mitigated their damages with water mitigation and tarping services, Frustrated with KIN’s denial and confused as to their rights under the policy, the Insureds were forced to retain the services of legal counsel. Despite multiple requests from the Insureds pleading that KIN reconsider their position, KIN refused to provide the Insureds with the funds needed to return the property to its pre-loss condition. The Insureds have fully complied with all applicable policy provisions requiring cooperation with the investigation, however KIN is unjustifiably and unreasonably denying payment to the Insureds. Rather than paying the actual damages and/or trying to settle with the Insureds, KIN is delaying a prompt resolution of the claim. Additionally, KIN has not attempted, in good faith, to settle this claim when, under the circumstances, it could and should have done so had it acted fairly and honestly toward the policyholder and with due regard to the policyholder’s interests. As a direct consequence of KIN’s failure to adjust this loss in good faith and make any payment, the Insureds continue to be without any compensation for the damages sustained at their Property. By stating the above detailed facts, KIN has violated the following Florida Statutes: • 624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its Insureds and with due regard for their interest; when KIN denied coverage on the Insureds’ claim. • 624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage; • 626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims, by failing to respond to the Insureds’ public adjuster, and Insureds’ counsel with respect to supplemental requests for payments; • 626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information. The Insureds property continues to be in disarray as the Insureds are without funds to put their property into its pre-loss condition. As a direct result of KIN’s denial of coverage and breach of Florida Statutes, the Insureds were forced to seek the help of licensed professionals to assist them. Due to the amount of time that has passed since the date of loss, the information discussed above is irrefutable evidence that KIN knowingly and intentionally, and in bad faith delays the claims process to further disadvantage the Insureds. The financial detriment caused to the Insureds is a direct result of KIN’s reckless treatment of the claims process. The Insureds submitted all documents requested in a timely fashion, made their property available for inspection after inspection, submitted damages estimates and mitigation efforts. However, KIN failed at every step of the process to adequately establish or identify the basis of its gross mismanagement of the claim. To deny the Insureds the benefit clearly due and owing under the Policy, for which they have time and time again been making premium payments for and after they have satisfied all their obligations is morally and ethically reprehensible, and reeks of Unfair Claims Practice and Bad Faith. Upon information and belief, the actions complained of, among others, were made by KIN so often as to constitute a general business practice, evidencing a motive to enhance KIN’s profits, and designed to cause a detrimental effect to its policyholders. The above clearly shows that KIN adjusted this claim in bad faith and that KIN is in direct violation of Unfair Claims Practices. This notice is given to perfect the right to pursue the civil remedy authorized by Section 624.155, Florida Statutes, should KIN 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, KIN must: (1) Immediately tender all proceeds due and owing to the Insureds that are fairly owed to the Insureds under the insurance policy that would reasonably compensate the Insureds in order to put the loss property back to its pre-loss condition; (2) Agree to reimburse the Insureds reasonable attorneys’ fees and costs for having to become involved to resolve the claim; (3) Agree to reimburse the Insureds for interest on the amount of benefits that was found to be due and owing to the Insureds, relating back to the date of loss.
Comments
User Id Date Added Comment
kristen.henderson@kin.com 04-21-2025 While Kin Interinsurance Network believes that the Civil Remedy Notice fails to comply with the requirements of Florida Statute §624.155 and Florida Case law, it has responded to the Notice in writing to Ulyana Grichener, Esq. on April 20, 2025.
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