| Carrier | American Traditions Insurance Company |
|---|---|
| Arguments used | Wear and tear · Wind-driven rain |
| What happened next | Civil Remedy Notice filed with Florida's Department of Financial Services, which opens a 60-day window for the insurer to cure. |
The letter works in two moves. First it rules out openings, naming the three ways one is normally made: wind, hail, or tree impact. Then it attributes the exterior failures to wear, age and deferred maintenance.
Deferred maintenance is the term that differs from the others, and it deserves separate treatment whenever it appears. Wear and age are conditions. Deferred maintenance is an accusation about the owner’s conduct, and it implies both that specific upkeep was required and that it was not done. A letter using the phrase should be able to say what maintenance, and on what schedule.
The first move is the more testable one. No wind, hail, or tree impact openings is a finding about the whole exterior envelope, made on one visit. Openings close under their own weight when the wind stops, and a lifted shingle that reseats itself leaves a broken seal rather than a visible hole, which is why a finding of none is a statement about what an inspector could see rather than about what occurred.
Florida DFS Civil Remedy Notice, filing no. 701993, accepted 6/26/2023, Ocoee. The filing is not the letter: the passage below is the denial letter's own language as the policyholder quoted it, where the letter first records finding no wind, hail, or tree impact openings to the system, and then states this. · public record ↗
Quotes are verbatim from the cited public record. Case status and statute summaries drafted August 2026; verify against the current docket and statute. Not legal advice; consult an attorney about your specific claim.
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