Civil Remedy Filing

Civil Remedy Notice of Insurer Violations

Filing Number: 811961

Filing Accepted: 3/19/2025

Print Filing

Complainant

Last/Business Name *

JESSICA HURWITZ

First Name

JAMES MURTAUGH AND

Street Address *

5423 STATELY OAKS STREET

City, State Zip *

FORT PIERCE, FL 34981

Email Address *

N/A

Complainant Type: *

Insured

Last/Business Name*		JESSICA HURWITZ		First Name		JAMES MURTAUGH AND
Policy # *		12-1059181-02		Claim #*		12-3029995-25

Attorney

Attorney is Applicable

Last Name*	ELIMELECH First Name * REBECCA Initial R
Street Address*		1500 N.E. 162ND ST.
City, State Zip*		MIAMI , FLORIDA 33162
Email Address *		RELIMELECH@ILGPA.COM

Violation

Insurer Type *		Authorized Insurer Unauthorized Insurer

Insurer Name
Insurer Name*		TYPTAP INSURANCE COMPANY
Insurer Name*
Street Address*
City, State Zip*		,
NAIC Company Code 15885

Name of individual responsible for violation (if any):* N/A
Type of Insurance * Residential Property & Casualty

Reason for Notice *

	Claim Denial
	Claim Delay
	Unsatisfactory Settlement Offer
	Unfair Trade Practice

* Statutory provision(s) which the insurer allegedly violated.

	624.155(1)(b)(1)		Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
	624.155(1)(b)(3)		Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
	626.9541(1)(i)(3)(a)		Failing to adopt and implement standards for the proper investigation of claims.
	626.9541(1)(i)(3)(b)		Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
	626.9541(1)(i)(3)(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.
	626.9541(1)(i)(3)(f)		Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.

* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

SECTION I – PROPERTY COVERAGES A. Coverage A – Dwelling. 1. We cover: a. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling; and b. 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". B. Coverage B – Other Structures. 1. We cover other structures on the "residence premises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection. C. Coverage C – Personal Property. 1. Covered Property. We cover personal property owned or used by an "insured" while it is anywhere in the world. After a loss and at your request, we will cover personal property owned by: a. Others while the property is on the part of the "residence premises" occupied by an "insured"; or b. A guest or a "residence employee", while the property is in any residence occupied by an "insured". SECTION I – PERILS INSURED AGAINST A. Coverage A – Dwelling and Coverage B – Other Structures. We insure against direct physical loss to property described in Coverages A and B. B. Coverage C – Personal Property. We insure for direct physical loss to the property described in Coverage C caused by any of the following perils unless the loss is excluded in Section I – Exclusions. 1. Fire or Lightning.

* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

James Murtaugh and Jessica Hurwitz (hereinafter the “Insureds”), paid for a policy of insurance with TypTap Insurance Company (hereinafter, “Insurer”) bearing policy number 12-1059181-02 (the “Policy”). The Policy provides coverage for damage to the Insureds’ property located at 5423 Stately Oaks Street, Fort Pierce, FL 34981 (the “Property”), including the significant damage that occurred as a result of lightning on or about October 8, 2024 (the “loss”). Specifically, the Insureds’ Property sustained substantial damage to the electrical, air conditioner and fence. The Insureds lost $250.00 in spoiled food from the refrigerator, and $500.00 in spoiled steaks and seafood from the two freezers. Additionally, the Insureds incurred additional living expenses. The Insureds got a temporary air conditioner, ordered takeout when they lost power and went out during the day. The Insureds promptly reported their claim to the Insurer. On November 12, 2024, the Insurer issued a letter denying the claim based on their field adjuster’s inspection on November 5, 2024. In this letter, the Insurer advised that no visible storm created openings or wind damage was found at the residence. Therefore, the Insurer determined that this loss was not caused by tropical/hurricane. The Insureds subsequently contacted the Insurance Litigation Group, P.A. (hereafter, ILGPA), who conducted a thorough inspection of the property and compiled an estimate of damages. ILGPA, on behalf of the Insureds, forwarded said estimate which fully detailed the Insureds’ damages and total $28,646.00. On January 30, 2025, ILGPA sent a letter to the Insurer based on their review of the denial letter advising that there is a material inaccuracy regarding the stated cause of loss. In this letter, ILGPA informs the Insurer that the cause of loss for this claim was lightning, not wind or hurricane-related damage. This misclassification has rendered an incorrect coverage determination as the Insurer based their decision on policy provisions pertaining to windstorm and hurricane damage. ILGPA, on the Insureds’ behalf, requested that the Insurer correct the cause of loss to reflect that the damage was caused by lightning, re-evaluate the claim and provide a revised determination. However, the Insurer refuses to resolve the Insureds’ claim and pay for all damages to the Property. The Insurer’s conduct is in bad faith and violates Florida’s statutes concerning the adjustment of insurance claims. First, Florida Statute § 624.155(1)(B)(1) requires good faith in the settlement of claims. The Insurer is in violation of this Statute for failing to provide coverage for the Insureds’ loss. What is more, the Insurer violated Florida Statute § 624.155(1)(b)(3) by failing to promptly settle the claim, when the obligation to settle the claim became reasonably clear. Again, the Insurer failed to make a good faith offer to settle this claim and failed to account for the full scope of the damage. They failed to respond to the estimate provided by ILGPA, on the Insureds’ behalf, in a timely manner. They are obligated to provide coverage for all damages to the Insureds’ Property, and not attempt to resolve this claim with lowball offers. Additionally, the Insurer’s conduct violates Florida Statute § 626.9541, which prohibits unfair settlement practices. More specifically, the Insurer has violated Florida Statute § 626.9541(1)(i)(3)(a) by failing to adopt and implement standards for the proper investigation of claims. The Insurer denied the Insureds’ claim based on the incorrect cause of loss. The Insurer investigated the loss as a wind claim. However, this is a lightning claim. The Insurer failed to properly investigate this claim by listing the cause of loss as hurricane when the Insureds’ loss occurred two days before the hurricane even made landfall on the side of the state where the Insureds’ property is located. The Insurer violated Florida Statute § 626.9541(1)(i)(3)(b) by misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. The Insurer investigated the claim and denied coverage to the Insureds based on false pretenses. The Insurer denied coverage because they claimed there was no storm created opening. However, this is a lightning claim and therefore, the Insurer’s coverage determination was based on a material inaccuracy regarding the stated cause of loss. Further, the Insurer has violated Florida Statute § 626.9541(1)(i)(3)(c) by failing to acknowledge and act promptly with the Insureds and its counsel. In the letter sent to the Insurer on January 30, 2025, ILGPA requested that the Insurer advise of the next steps or any additional information required to expedite the claims process. In this letter, ILGPA also requested that the Insurer confirm receipt of this letter and provide an update on the status of the claim review at their earliest convenience. As of this date, the Insurer has failed to provide an update regarding the status of the claim. Moreover, ILGPA tried scheduling the field adjuster’s inspection of the property for almost a month. The Insurer’s desk adjuster advised that the field adjuster would be in contact with ILGPA to schedule a reinspection. However, no one has reached out to coordinate the inspection. The Insurer has been completely unresponsive to all of ILGPA’s requests for inspection. On March 18, 2025, the desk adjuster told ILGPA that they were going to inspect the property at 12:30 p.m. that day. The Insurer is handling this claim in bad faith by planning to proceed with the inspection without the Insureds’ representative present. ILGPA has been trying to coordinate this inspection since February 20, 2025. ILGPA tried reaching out to the Insurer several times and had informed the desk adjuster that the field adjuster did not reach out as they were supposed to. As mentioned above, the Insurer failed to account for the full scope of the damage and has additionally failed to respond to the estimate provided by ILGPA, on behalf of the Insureds, in a timely manner, delaying the resolution of this claim. Had the Insurer done so, it would have immediately settled this claim on a fair and reasonable basis and provided full coverage to its Insureds. The Insurer violated Florida Statute § 626.9541(1)(i)(3)(d) by denying the claim without conducting reasonable investigations based upon available information. The Insureds informed the Insurer’s field adjuster that they witnessed the lightning strike their home and the family panicked and hid in a closet. The Insureds also told the field adjuster that they did not have power for many days and the lightning strike fried their air conditioner. The Insureds sent the field adjuster everything, but the Insurer refuses to resolve the Insureds’ claim in good faith. The Insurer violated Florida Statute § 626.9541(1)(i)(3)(f) by failing to promptly provide a reasonable explanation in writing to the Insureds of the basis in the insurance policy, in relation to the facts or applicable law, for denial of the claim. The Insurer’s denial of the claim was unreasonable as they incorrectly investigated the loss as a wind claim when it is a lightning claim. Therefore, to cure the defects outlined in this Civil Remedy Notice, the Insurer must: (1) create and implement adequate guidelines for the proper investigation and evaluation of claims and for the training and supervision of employees, which will avoid future statutory violations and avoid this from occurring in the future; (2) immediately tender all insurance proceeds due and owing its Insureds under the Policy in the amount of $28,646.00 (less the deductible and any prior payments), plus all statutory interest; (3) act fairly and honestly towards its Insureds and with due regard for their interests in attempting to settle their Insureds’ claim; (4) hold the claim open in the event that its errors and delay does or may cause the Insureds to suffer either further loss and/or damage; and, (5) stipulate to the Insureds’ entitlement to attorney’s fees and court costs pursuant to Florida Statutes §§ 627.428 and 626.9373. Acknowledgment This notice is given in order to perfect the right to pursue the civil remedy authorized by Florida Statutes section 624.155, should TypTap Insurance Company fail to cure the violations set forth in this Civil Remedy Notice within the given cure period.

Comments

User Id		Date Added		Comment
relimelech@ilgpa.com		04-24-2026		This Civil Remedy Notice is hereby withdrawn.
claims@typtap.com		05-16-2025		This is TypTap Insurance Company’s (“TypTap”) response to the Civil Remedy Notice of Insurer Violations (“CRN”) filed on behalf of James Murtaugh and Jessica Hurwitz (“Insured”). TypTap reviewed this CRN and conducted a thorough review of the subject claim (“claim”) and confirmed it handled the claim properly. Under the relevant facts and circumstances, the applicable insurance contract did not provide coverage for the claim. Ultimately, TypTap handled the claim in accordance with the policy and all statutory and regulatory requirements. TypTap denies each allegation of bad faith and improper conduct in the CRN. At all times, TypTap acted in good faith, fairly and honestly toward the Insured and with due regard for the Insured’s interests. Otherwise, the CRN is deficient. Generally, pursuant to Florida Statutes, Section 624.155, CRNs must identify and set forth statutory provisions insurers allegedly violated in handling insureds’ insurance claims along with specific, relevant insurance contract language and facts and circumstances. The foregoing provides insurers with notice of alleged statutory violations AND the opportunity to cure such alleged violations. Instead of complying with Florida Statutes, Section 624.155, the Insured’s attorney in the CRN contained an inaccurate recitation of the facts, failed to reference specific, relevant insurance policy language; cited irrelevant statutes; failed to offer a valid cure, and relied on inaccurate and conclusory statements. The Insured’s laundry list of inapplicable statutes is insufficient. Julien v. United Prop. & Cas. Ins. Co., 311 So. 3d 875 (Fla. 4th DCA 2021). The CRN cannot serve as the basis of a bad-faith action against TypTap. Upon request by the Florida Department of Financial Services, TypTap will provide to the DFS detailed correspondence TypTap provided regarding the claim.

Acknowledgement
*	The submitter hereby states that this notice is given in order to perfect the rights of the person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes. Before submitting a Notice using this system, please verify that all text has been entered correctly and completely. Once the Notice has been submitted, the text cannot be changed or deleted.

DFS-10-363
Rev. 10/14/2008