| Carrier | Heritage Property & Casualty Insurance Company |
|---|---|
| Arguments used | Wear and tear · Pre-existing damage |
| 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. |
Three causes in one clause, and none of them is the storm. The filing records a date of loss of September 28, 2022, which is the day Hurricane Ian made landfall, and a denial issued almost two years later.
Wear and tear, faulty construction or workmanship, and inadequate maintenance are three different findings with three different proofs. Wear and tear is about age. Faulty construction is about how the building was put together, which is a question for the permit history and the original contractor. Inadequate maintenance is about what the owner did or failed to do. A letter that offers all three at once has told the policyholder the claim is refused without telling them which fact to argue with.
The gap between the landfall date and the letter matters independently. Florida’s suit deadline runs from the date of loss, not the date of the denial, so months spent in adjustment are months off the clock.
Florida DFS Civil Remedy Notice, filing no. 796845, accepted 12/13/2024, Sarasota. The filing is not the letter: the passage below is the denial letter's own language as the policyholder quoted it, where the insurer issued correspondence to the insured on September 25, 2024 denying the damage. · 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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