A Civil Remedy Notice is a formal complaint filed against an insurance company with Florida's Department of Financial Services. Filing one is the step Florida law requires before a policyholder can sue an insurer for bad faith. It is a public record, and the insurer gets 60 days to fix the problem before that right opens up.
So this is the policyholder's side of a dispute, written by their side, and it is an allegation rather than a finding. The insurer answered it, and its answer is published below alongside the complaint. Read both. Names, addresses, and policy and claim numbers have been removed here; everything else is quoted from the filing.
| Who the filing is against | HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY (NAIC #14407) |
|---|---|
| Who filed it | The policyholder |
| Attorney of record | Ali Kadir |
| Where the property is | Lehigh Acres, Florida |
| When it was accepted by the state | October 3, 2022 |
| When the 60-day cure window closed | December 2, 2022 |
| Why, in the state’s own categories | Claim Delay, Claim Denial, Unsatisfactory Settlement Offer, Unfair Trade Practice |
| Type of insurance | Residential Property & Casualty |
| Policy language at issue | "We insure against risk of direct loss to property described in Coverages A and B only if that loss is a physical loss to property." |
| Did the insurer respond | Yes, on November 18, 2022 |
Hue [name redacted] is a homeowner insured with an all-risks policy issued by Heritage Property & Casualty Insurance Company ("Heritage"). The insured property or home is located at [address redacted], [name redacted] Florida. In January of 2022, a wind and rainstorm caused extensive damage to Mr. [name redacted] 's home. Mr. [name redacted] timely reported an insurance claim for this damage to Heritage and fully cooperated with all requests for inspections. He provided all requested documentation, if any, and complied with all post loss policy conditions. After reporting the claim, Heritage retained an unqualified and biased field adjuster who has a financial relationship with Heritage. This field adjuster inspected Mr. [name redacted] 's home in an apparent effort to minimize Heritage's losses instead of adjusting the claim in good faith in due regard for Mr. [name redacted] 's interests. Despite Heritage finding coverage for his claim, it significantly undervalued Mr. [name redacted] 's claim at only $18,000. Because this amount was an offer pre-mediation, Heritage did not issue any payment to Mr. [name redacted] . Due to such, Mr. [name redacted] has not been able to permanently repair his home. Indeed, an estimate for repair of all damages with respect to his claim was prepared on behalf of Mr. [name redacted] for $23,086.44 and was submitted to Heritage; well above the amount from Heritage. Based on these facts, it is clear Heritage unreasonably denied full coverage for Mr. [name redacted] 's claim in bad faith through its extremely low and unreasonable valuation of his claim. Heritage undervalued and failed to make any payment regarding his claim without conducting a reasonable investigation based upon the available information. It misrepresented pertinent policy provisions and facts, and did not act fairly and honestly with Mr. [name redacted] in due regard for his interests. Heritage also failed to adopt and implement standards for the proper investigation of his claim. This has become a common business practice of Heritage. 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 based on determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that insureds may mitigate their damages and be put back into the position they were in prior to the loss as quickly as possible. Heritage has breached this duty by refusing to properly and timely adjust the loss. As a result, Mr. [name redacted] had no choice but to retain the undersigned counsel and file a lawsuit against Heritage. Heritage has more than enough information and is still refusing to accept coverage for this claim. This continued and repeated reckless claim delay and denial of coverage will result in a significant punitive damage award if a bad faith lawsuit is filed. Heritage can avoid a lawsuit for bad faith by immediately accepting full coverage under the subject insurance policy for this claim and by paying Mr. [name redacted] based on his $23,086.44 estimate.
These are the statutes named on the form. The wording under each is the statute's own, as the state prints it on the notice.
| 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)(e) | Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed. |
| 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. |
| 626.9541(1)(i)(3)(g) | Failing to promptly notify the insured of any additional information necessary for the processing of a claim. |
| 626.9541(1)(i)(3)(h) | Failing to clearly explain the nature of the requested information and the reasons why such information is necessary. |
| 626.9541(1)(i)(3)(i) | Failing to pay personal injury protection insurance claims within the time periods required by s. 627.736(4)(b). |
Filed with the state on November 18, 2022. This is the insurer's own written response to the complaint above, quoted from the same public record.
Florida DFS Civil Remedy Notice, filing number 649770. Read the filing on the state's site ↗
A Civil Remedy Notice records an allegation, not a finding. Nothing here has been decided by a court or by the Department. Not legal advice; consult an attorney about your specific claim.
The misrepresentation denial is the most aggressive letter a homeowner can receive: it does not argue about the roof, it accuses the policyholder, and it can void the policy outright. Florida law sets the bar high. Under Fla. Stat. 627.409, a misstatement voids coverage only if it was fraudulent, material to the risk, or the carrier would not have issued the same policy knowing the truth.
This Lehigh Acres Civil Remedy filing against Heritage shows the play and the response: the policyholder’s counsel quotes the insuring agreement back at the carrier and files the pre-suit notice that starts the 60-day cure clock under Fla. Stat. 624.155. Heritage alone drew 1,788 residential claim-denial Civil Remedy Notices between October 2022 and December 2023, all searchable in the same public database.
Fla. DFS Civil Remedy Notice, Filing No. 649770 (Truong v. Heritage P&C), Lehigh Acres, FL · 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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