Civil Remedy Notice of Insurer Violations
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Filing Number:     813520
Filing Accepted:  3/27/2025
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Complainant
Last/Business Name *  
GITTENS   First Name   KAREN
Street Address * 11506 FOREST HILLS DRIVE
City, State Zip * TAMPA, FL 33612
Email Address * TABBY.TRI@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   GITTENS   First Name   KAREN
Policy # * 06625578 Claim #* AH143501
Attorney
Attorney is Applicable
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   AMERICAN TRADITIONS INSURANCE COMPANY
NAIC Company Code 12359
 
Name of individual responsible for violation (if any):* UNKNOWN
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Denial
* 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.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

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

We had damage to our decking/dock on 10/10/24 from hurricane winds. We have already spent $4K to remove a tree that the wind knocked over the roots of which damaged our decking/dock. We have $50K in other structures coverage through our home owners insurance. The only "other structure" we have is our dock/decking and is specifically why we have this coverage. Our claim was denied stating that carports, porches, patios and similar structures are excluded. The policy does not specifically exclude decking. The insurance company took FIVE months to provide a denial letter preventing us from proceeding with repairs. We estimate the cost of having to repair our decking at a minimum of $30K.
Comments
User Id Date Added Comment
tabby.tri@gmail.com 05-27-2025 I do not accept the response provided on 5/23/25. I welcome the insurance company to properly review my claim and would like an acceptable and timely resolution. If an acceptable resolution is agreed upon, I will withdraw my complaint. I reserve all my legal rights to resolve this claim.
Tom@zinoberdiana.com 05-23-2025 May 23, 2025 Via Electronic Posting to the DFS Website Department of Financial Services Civil Remedy Section 200 East Gaines Street Tallahassee, Florida 32399-6322 Re: Insured: Karen Gittens Insurer: American Traditions Insurance Company Filing No.: 813520 Claim No.: AH143501 Policy No.: 06625578 Date of Loss: 10/10/2024 (reported 10/21/2024) Property: 11506 Forest Hills Drive, Tampa, Florida 33612 Dear Sir or Madam: This correspondence shall serve as a formal response on behalf of American Traditions Insurance Company (hereinafter “American Traditions”) to the Civil Remedy Notice of Insurer Violation (hereinafter “Notice”) filed by Karen Gittens (hereinafter “Insured”), that was accepted by the Department of Financial Services (hereinafter “Department”) on March 27, 2025. The Department’s Filing Number is 813520. While American Traditions welcomes the opportunity to respond to this Civil Remedy Notice of Insurer Violation and specifically denies each and every allegation contained in the Civil Remedy Notice filed in relation to this claim, American Traditions believes that the Civil Remedy Notice should be rejected by the Department as it fails to comply with the specific notice and information requirements as set forth in Civil Remedy Notice of Insurer Violation document provisions, Florida Statute §624.155 and Florida Case law. The Civil Remedy Notice requires the Complainant “pursuant to section 624.155, F.S. please indicate all statutory provisions alleged to have been violated.” The notice filed in this matter includes one (1) statutory provision that American Traditions vehemently denies having violated. Because the Notice puts forth no alleged facts to support the allegations, American Traditions is unable to properly respond and the Notice should be rejected and returned. Also, the Notice fails to set forth any specific policy language alleged to have been violated in accordance with Florida Statute §624.155(3)(b)(4). The copy of the Notice simply states “Other Structures Coverage Exclusions” without providing more specificity. This failure to identify any specific policy provision allegedly relevant to the purported violations prevents American Traditions from addressing any issues regarding the policy and is a reason why it does not comply with F.S. §624.155. Furthermore, contrary to the requirement to “describe the facts and circumstances giving rise to the insurer’s violation as you understand them at this time”, the purpose of which is “to enable the insurer to investigate and resolve [the] claim”, the Civil Remedy Notice itself only provides unsupported and incorrect allegations with no basis in fact or circumstances. Aside from the fact that the allegations are devoid of any specific facts, the tenor and inferences of the allegations are wholly without merit and American Traditions denies each and every one. Finally, the Notice fails to provide or identify what particular remedy the Complainant is seeking from American Traditions. Another purpose of the Civil Remedy Notice is to provide the insurer notice of the issue the Complainant has with the claim and what it is seeking to remedy that issue. The Notice in this instance does not identify a specific remedy to allow American Traditions to “cure” which prevents American Traditions from being able to properly respond and is also another reason why the Notice should be rejected. In closing, American Traditions first believes that the Civil Remedy Notice does not comply with F.S. § 624.155, and regardless of the lack of compliance, American Traditions denies all allegations contained in the Civil Remedy Notice and submits there are no violations. While this response is meant to be comprehensive, American Traditions’ response above is based upon the limited information provided in the Civil Remedy Notice and the information we have to date. If Karen Gittens feels that we are not in possession of all the facts, please inform us immediately. Please note that American Traditions’ response is not necessarily exhaustive and does not preclude us from asserting any other valid reason for the lack of compliance with F.S. § 624.155. Also, this letter or any act or failure to act on the part of American Traditions or any agent or representative of American Traditions should not be construed as a waiver of any rights or defenses, including but not limited to proper notice and service by Karen Gittens, available to it by contract or at law as all such rights and defenses are hereby specifically reserved. We trust that this response addresses the allegations of insurer violation alleged in the Civil Remedy Notice of Insurer Violation. Should you have any questions regarding this matter or need anything further, please do not hesitate to contact the undersigned. Best regards, William R. Burke William R. Burke, Esquire Zinober Diana & Monteverde P.A. Bill@ZinoberDiana.com
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