Civil Remedy Notice of Insurer Violations
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Filing Number:     813825
Filing Accepted:  3/31/2025
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Complainant
Last/Business Name *  
HOUSTON   First Name   MICHAEL
Street Address * 3980 56TH AVENUE NORTH
City, State Zip * ST. PETERSBURG, FL 33714
Email Address * MJHOUSTON262@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   HOUSTON   First Name   MICHAEL
Policy # * W013042442 Claim #* 3300525592
Attorney
Attorney is Applicable
Last Name* ROSS First Name * VANESSA Initial
Street Address* 2501 S. TAMIAMI TRAIL
City, State Zip* SARASOTA , FLORIDA 34239
Email Address * ESERVICE@ROSSLEGALFL.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   TOWER HILL INSURANCE EXCHANGE
NAIC Company Code 17179
 
Name of individual responsible for violation (if any):* EDWARD SCOTT AND COURTNEY SINGLETON, AND ALL OTHER ADJUSTERS, SUPERVISORS, MANAGEMENT AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY TOWER HILL INSURANCE EXCHANGE INVOLVED IN THE CLAIM.
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Unsatisfactory Settlement Offer
Claim Delay
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)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

Dwelling Coverage provisions Perils Insured Against Loss Payment Loss Settlement
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

In Florida, the work of adjusting insurance claims engages the public trust. Tower Hill Insurance Exchange (“INSURER”) has breached the public’s trust by its adjustment of Mitchell Houston (“INSURED”) claim of loss. Tower Hill Insurance Exchange’s mailing address is 7201 Northwest 11th Place, Gainesville, FL 32605. INSURER has failed to create and implement adequate guidelines for the proper investigation and evaluation of claims, claims handling, and for training and supervision of employees resulting in statutory violations as set forth above. INSURER has failed and/or refused to thoroughly, accurately, and completely investigate and evaluate the INSURED’S insurance claim for damages. INSURER has failed to promptly settle the INSURED’S insurance claim when the obligation to settle the insurance claim had become reasonably clear. To date, notwithstanding the INSURED’S pleas otherwise, INSURER has continued to refuse to acknowledge its obligation to conduct a proper investigation, and to tender the full amount of insurance monies due and owing its INSURED under the policy. This claim involves the INSUREDS’ property located at 3980 56th Avenue North, St. Petersburg, FL 33714 which sustained significant damage from wind on or about October 9, 2024. The INSUREDS immediately reported the loss to INSURER and allowed for inspection. The INSUREDS suffered damage to the roof, exterior, and interior of the property. INSURER inspected the property and accepted coverage for the claim; however, they estimated the loss to total just $14,493.68. The INSUREDS’ hurricane deductible is $10,860.00 so payment was issued for $3,633.68. The INSUREDS retained Storm One Claims LLC. to assist with determining the amount of damage sustained to the property. Storm One prepared an estimate in the amount of $97,864.01 ACV, consisting of $78,561.57 under Dwelling and $19,302.44 under Other Structures. Please see estimate attached hereto. The INSUREDS are owed additional insurance benefits in order to return the property to pre-loss condition. In Florida, the work of adjusting insurance claims engages the public trust. INSURER has breached this duty in the adjustment of this loss by unnecessarily delaying resolution of the claim, and failing to take into consideration documentation provided to them which would support compensation. INSURER has failed to create and implement adequate guidelines for proper investigation of claims handling and for training and supervision of employees and representatives which have resulted in some of the statutory violations set forth above. Therefore, demand is hereby made as follows: Estimate $85,801.57 Less Prior Payments $4,441.97 Less Deductible $10,680.00 TOTAL $70,499.60 The concept of insurance is that the insurer will investigate and grant timely and prompt indemnity or security against a contingent loss. Florida Statute §624.02 defines “insurance” as a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies. Inherent in that definition is the fact that payment must be made timely and promptly so that the INSURED may mitigate their damages and be put back into the position they were in prior to the loss as quickly as possible. INSURER has breached this duty. The INSURED was, and still is, forced to expend out of pocket monies to submit her insurance claim, e.g., retaining an attorney and other experts to force INSURER to honor its obligations under the insurance policy and to pay all the insurance proceeds due and owing to them. INSURER has refused and/or failed to tender all the insurance proceeds due and owing to the INSURED. INSURER’s refusal and/or failure to settle the insurance claim when under all circumstances it could have and should have done so had it acted fairly and honestly towards the INSURED is wrongful conduct. Furthermore, the INSURED contends that INSURER’s adjusters and/or representatives financially benefit from such wrongful conduct. This notice is given in order to perfect the right to pursue the civil remedy authorized by Fla. Stat. §624.155. Therefore, to cure the defects outlined in this Civil Remedy Notice, 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 as set forth above, and prevent this from occurring in the future; (2) INSURER must 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 claims to ensure that the claims handling procedure with regard to these types of losses are adequate to prevent other Insureds from being treated unfairly and wrongfully; (3) INSURER must tender to the INSURED $70,499.60 as set forth above; and, (4) INSURER must act fairly and honestly towards its INSURED and with due regard for her interests in attempting to settle its INSURED’S claim. Attachments: PA estimate
Comments
User Id Date Added Comment
nfluet@gallowayjohnson.com 05-25-2025 Dear Sir or Madam: Please accept this letter as Tower Hill Insurance Exchange’s (“Tower Hill”) response to the Civil Remedy Notice of Insurer Violation (“CRN”) filed by Mitchell Houston (“Insured”), with a filing accepted date of March 31, 2025, and an assigned filing number 813825. Mitchell Houston was the named insured under Tower Hill policy number W013042442 (“Policy”). This CRN refers to claim number 3300525592 (“Claim”) for the property located at 3980 56th Ave N St Petersburg, Florida (“Property”). The CRN allegations are without merit or factual support. Tower Hill investigated the Claim thoroughly based upon the information available and rendered its coverage determination in accordance with the terms, conditions, and exclusions of the Policy, and above all, in good faith. At all times, Tower Hill acted in its Insured’s best interests and in accordance with the Policy, Florida Statutes, and all applicable administrative codes and Codes of Ethics, as it does with all of its claims CRN Insufficiencies Further, the CRN does not meet the specificity requirements set forth in Florida Statutes and Florida law. In particular, The CRN makes vague references to Florida Statutes, including to Florida Statutes that are irrelevant and have no applicability to the subject Claim. The CRN also fails to set forth any specific policy language relevant to the purported violations as required by § 624.155(3)(b)(4), Fla. Stat. Instead, the CRN broadly outlines various provisions of the insurance policy without specifying which are relevant to the purported violations. By failing to identify any specific policy provision(s), Tower Hill is unable to address any issues regarding the policy language and its applicability to the purported violations. Further, the CRN is vague, generalized, and factually inaccurate, and provides template, unsupported and incorrect allegations and fails to provide the requisite specificity required by § 624.155(2)(b), Fla. Stat. Without the benefit of specific facts and circumstances giving rise to the purported violations, Tower Hill is unable to provide a detailed response. Finally, the requested “cure” lacks the requisite specificity under Florida law. See Hunt v. State Farm Florida Ins. Co., 112 So. 3d 547 (Fla. 2d DCA 2013). Accordingly, the CRN is invalid and wholly without merit. This response is subject to and without prejudice to Tower Hill’s rights and defenses under the Policy, each of which are reserved. In addition, this response is not an exhaustive statement of such rights and defenses but presents legally sufficient defenses to the unsupported and unfounded allegations in the invalid CRN. Sincerely, /s/ Nicole M. Fluet Nicole M. Fluet, Esq. and Chinyere J. Nwagbuo, Esq.
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