Olympus: a $145,109 claim left undecided

November 10, 2025 Florida Department of Financial Services Consumer Assistance/Civil Remedy Section Larson Bldg., [address redacted]reet Tallahassee, Florida 32399-0322

Re: Complainant: [name redacted] Address: [address redacted]ive, [name redacted] FL Email: Insured: [name redacted] Policy no. [redacted] Claim no. [redacted] Attorney: [name redacted] Kuhn Address: [address redacted]reet, Tampa, FL DOI File #: 798807 Date of Acceptance: January 2, 2025

To Whom It May Concern:

Please accept this as the supplemental response of Olympus Insurance Company ("Olympus") to the Civil Remedy Notice filed by the Complainant, [name redacted] . It should be noted from the onset that the instant Civil Remedy Notice is defective as the Complainant's counsel has failed to list an additional Insured, Donald [name redacted] as a Complainant. Notwithstanding this deficiency, Olympus' response is specifically in regard to Claim no. [redacted], which is related to a claim for Insureds' property located at [address redacted]ive, [name redacted] FL, which was insured by Olympus under Policy no. [redacted] with effective dates of that Policy being May 17, 2024 through May 17, 2025, and was in effect on the alleged date of loss, June 7, 2024. As this matter has been resolved via settlement, all allegations in this Civil Remedy Notice are now moot.

Statement of Facts

This matter arises from an alleged windstorm/roof leak claim at the Insureds' [name redacted] Florida residence. For the convenience of the reader, I have broken down the Statement of Facts that will detail Olympus' handling of the file.

1. Claim no. [redacted]

The instant claim was reported to Olympus on August 16, 2024, over two months following the alleged date of loss of June 7, 2024 by the Insureds' Public Adjuster. After receipt of the claim, Olympus assigned a claim number, 24FLHOV0015510 and sent the Insureds initial correspondence which contained a Bill of Rights, Acknowledgement Letter, and a Sworn Proof of Loss for execution to allow Olympus to verify the amount of the claim being made.

In its August, 17, 2024 acknowledgement of claim letter, Olympus advised the Insureds that:

"This letter acknowledges receipt of the above referenced claim. Your claim will be handled by our Olympus Claims Team, and a team member will contact you to discuss the claims process and arrange for any onsite inspections needed.

Olympus Insurance Company ("Olympus") will conduct an investigation and will pay to repair or replace damage to covered property, subject to the terms and conditions of your policy. Under the terms of your policy, Olympus may elect to repair and/or remediate the damaged property pursuant to the policy provisions. Should Olympus exercise its option to repair, no insurance proceeds will be due or payable to you for such repairs because they will be paid directly to the contractor chosen by Olympus to make the necessary repairs. This letter serves as Olympus' express notification to you that it reserves its right to repair and will notify you of any decision to exercise such option as provided for under your policy and as required under any applicable law.

Please be advised that in order to adequately investigate any claims, Olympus may require you and/or any others to submit to an Examination Under Oath to discuss the circumstances of the claim(s). Please take a moment to review the Homeowner Claims Bill of Rights and information on the Department of Financial Services' [name redacted] Programs. Following are Your Duties After Loss, including the requirement that you complete, sign, date, notarize and return to Olympus the enclosed Sworn Proof of Loss within sixty (60) days after the loss.

Nothing contained herein shall preclude any party from availing themselves of any provisions of Florida law providing such party a means of obtaining judgment for their reasonable attorney's fees and costs incurred.

If you have any questions, please contact us: [phone redacted] during the hours of 8:00 AM to 5:00 PM, EST, Monday- Friday, or feel free to leave a message so we may return your call by the next business day. You can send claim information to us via email: ; or fax: [phone redacted]; or mail: [address redacted], Worcester, MA 01613. Please include your claim number on any correspondence provided to us. Thank you for insuring with Olympus Insurance Company. We appreciate your business and look forward to working together to resolve this matter."

Additional correspondence also advised that:

"We hope this letter finds you well. We are writing to provide you with important information regarding the claims process for your recent insurance claim. We understand that this can be a complex and sometimes overwhelming process, and we want to ensure that you are well-informed and supported every step of the way.

If you have any relevant photos or claim-related documents that can assist us in assessing your claim more effectively, such as photos, videos, and other supporting documentation. We kindly request that you email them to us at and be sure to include your claim number in the subject line. These additional materials can provide valuable evidence and contribute to a smoother and more efficient claims process.

During the claims process, it is common for us to communicate with you via email. As we work on your claim, you may receive multiple emails from us containing copies of your estimate. These emails are intended to keep you updated on the progress and provide you with the necessary documentation for your reference.

It is important to note that in certain situations, there might be revisions to the initial estimate. In such cases, we will promptly send you additional emails with the revised estimates. These revisions could be due to various factors, such as unforeseen damages or new information that becomes available during the assessment process. We assure you that any revisions are aimed at accurately reflecting the scope of the claim and ensuring a fair resolution.

We understand that filing an insurance claim can be a stressful experience, but please know that our team is dedicated to providing you with the support and assistance you need. Should you have any questions or concerns throughout the process, please don't hesitate to reach out to our claims department. We are here to help and address any queries you may have.

Thank you for choosing Olympus, we appreciate your trust and cooperation. Rest assured, we are committed to handling your claim professionally and efficiently."

On August 19, 2024, Olympus compiled with the Public Adjuster's request by sending a certified copy of the Policy and an acknowledgment letter for the Letter of Representation, stating:

"This correspondence acknowledges your letter of representation for Donald and [name redacted] dated August 16, 2024, regarding the above referenced claim. This letter also acknowledges your request for a copy of the Policy. Enclosed is a copy of the Policy.

Should you have any questions, please contact me."

Then, on August 22, 2024, Olympus' Contractor, [name redacted] of [name redacted] Construction, inspected the property. He took numerous pictures and notes while inspecting the property (specifically the roof, exterior, and interior). Thereafter, he provided same to Olympus with a report which noted that he did not observe wind or hail damage to the property.

Following same, Olympus' Desk Adjuster spoke to the Insured who could not provide a cause of loss date for the claim. Thereafter, the Desk Adjuster called the Insureds' Public Adjuster to discuss the claim, advise of the status, and the damages to the property.

Further, on September 12, 2024, to gather further information, Olympus sent [name redacted] of HydroScount, a licensed general contractor, state licensed plumber contractor, and certified roofing inspector specializing in leak detection, to do a diagnostic inspection. In a subsequent report to Olympus, he concluded the following:

"Findings: • Roof material type: Concrete barrel tiles. • We observed evidence of a prior leak on the roof decking above the master bedroom walk-in closet during our inspection of the attic. • We observed evidence of a repair that was made on the roof slope above the master bedroom. • No evidence of a leak was observed from the HVAC ductwork during our inspection of the attic. • The pressure test of the potable water system confirmed there were no active pressurized water leaks at the time of our inspection. • The roofing system of the home consists of cement tiles, which are prone to damage and expensive repairs when subjected to foot traffic. Consequently, in adherence to HydroScout's company policy, the procedure of accessing or walking on the concrete tile roof for additional inspection or testing was not performed.

Duration of Loss • The location and extent of the damage is consistent with a leak occurring over a period of time."

After receiving materials from the Field Adjuster and Hydroscount's inspections, on September 17, 2024, Olympus sent the following Reservation of Rights and Request for Further Information letter to the Insureds which advised them that:

"We received your claim on August 08, 2024, for water damage to the master walk-in closet that reportedly occurred on June 07, 2024.

We are issuing this Reservation of Rights letter to you because there may not be coverage under your policy for this claim. The rights of Olympus Insurance Company may have been prejudiced and/or policy exclusions may apply. Please refer to the pertinent parts of your Homeowner's Policy, HO 00 03 10 00 Homeowners 3 - Special Form as amended by OL HO 100 09 23 Special Provisions - Florida endorsement, which state as follows:

SECTION I - CONDITIONS … B. Duties After Loss: After a loss to which this insurance may apply, you shall see that the following duties are performed: In case of a loss to covered property, we have no duty to provide coverage under this Policy to you or any other "insured" seeking coverage, if there is failure to comply with any of the following duties.

1. Promptly give notice to us or our agent; Except for Reasonable Emergency Measures taken under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2., there is no coverage for repairs that begin before the earlier of: a. 72 hours after we are notified of the loss; b. The time of loss inspection by us; or c. The time of other approval by us; If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures begins the earlier of when we are given access to inspect the loss or when we fail to appear at a scheduled loss inspection. Any claim or "reopened claim" under an insurance policy that provides property insurance for loss or damage caused by any covered peril is barred unless notice of the claim was given to us in accordance with the terms of the policy within 1 year after the date of loss. A "supplemental claim" is barred unless notice of the "supplemental claim" was given to us in accordance with the terms of the policy within 18 months after the date of loss. The time limitations to provide notice are tolled during any term of deployment to a combat zone or combat support posting which materially affects the ability of a named insured who is a servicemember as defined in Florida Statute 250.01 to file a claim, "reopened claim", or "supplemental claim". For the purposes of this section, the term "reopened claim" means a claim that we have previously closed, but that has been reopened upon an insured's request for additional costs for loss or damage previously disclosed to us. "Supplemental claim" means a claim for additional loss or damage from the same peril which we previously adjusted or for which costs have been incurred while completing repairs or replacement pursuant to an open claim for which timely notice was previously provided to us. …

4. Protect the property from further damage. The following must be performed: a. Take Reasonable Emergency Measures that are necessary to protect the covered property from further damage, as provided under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Keep an accurate record of the reasonable and necessary repairs and any and all expenses for such repairs. To the degree reasonably possible, take photos of the damage and cause of loss, and keep damaged parts, prior to repairs commencing;

5. You must submit to us, within 60 days after our request, signed sworn proof of loss, which sets forth, to the best of your knowledge and belief: a. The description of the loss, including the date and time of the loss, the cause of the loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss; b. The names of all persons who resided at the insured location at the time of loss; c. The names of all persons with knowledge of how the loss occurred and the extent of the damage; d. The interests of all "insureds" and all others in the property involved and all liens on the property; e. Other insurance which may cover the loss; f. Change in title or occupancy of the property during the term of the Policy; g. Specifications of the damage to the dwelling and other structures; including: (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of the damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary or permanent repairs. Photographs and any other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; h. The inventory of damaged personal property described in SECTION I - CONDITIONS, B.7., below; i. Receipts for additional living expenses incurred and records that support the fair rental value loss; and j. Evidence or affidavit that supports a claim under Additional Coverage 6. Credit Card, Electronic Fund Transfer Card or [name redacted] Forgery And Counterfeit Money stating the amount and cause of loss;

6. Cooperate with us or any person authorized to act on our behalf, in the investigation of a claim. This includes speaking and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any other "insured" seeking coverage, or a representative of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that unreasonably prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation;

7. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related documents that justify the figures in the inventory;

8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. You must be present at our inspection and assist in identifying the damaged property during the inspection; c. For losses under Coverage A and Coverage B, allow us to re-inspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by any third parties were completed, or following a supplemental or re-opened claim; d. Provide us with the records, photos, and documents we request and permit us to make copies; e. Provide us with receipts for additional living expenses incurred; f. Provide us with records that support the fair rental value loss; and g. In the County where the "residence premises" is located: (1) You and any and all "insureds"; (2) Any member, officer, director, partner, or similar representative of the association, corporation, or other entity, if you are the association, corporation, or other entity who is an "insured"; and (3) Any agent or representative, including any public adjuster engaged on behalf of you or any "insured", or any member, officer, director, partner, or similar representative of an association, corporation or other entity, described in g.(1) or (2), above; must: (a) Submit to examinations under oath and recorded statements while not in the presence of each other or any other "insured"; (b) Provide government-issued photo identification. If you do not possess government-issued photo identification, alternative identification with a signed sworn statement identifying who you are may be provided; and (c) Sign any transcript of the examinations under oath and recorded statements. Such examinations under oath and recorded statements must either be in-person or utilize video and audio technology, or both, as determined by us; h. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and i. Any and all "insureds" must execute all authorizations for the release of information when requested by us.

9. Promptly produce any updates to the documents and information above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: 10. To the degree reasonably possible, prior to materially altering, destroying, trenching, or excavating any part of the property or structure insured, allow us or any person authorized to act on our behalf, the opportunity to inspect the property. The duties above apply regardless of whether a person retains or is assisted by a party who provides legal advice, insurance advice, or expert claim advice, regarding an insurance claim under this Policy.

FIRST REQUEST FOR INFORMATION

Olympus Insurance Company ("Olympus") is evaluating your above referenced claim. Olympus requests your assistance to complete our investigation. To assist in our investigation and evaluation of your claim, we request that you provide us with the following information/documentation:

1. Provide documentation to support the cause of loss, like a death certificate.

2. Submit all photos and videos taken at the time of the loss of the claimed damages.

3. Submit all related estimates, invoices, contracts, photos and supporting documentation related to this loss.

4. Allow us to obtain a Recorded Statement and/or Examination Under Oath at our request.

5. Provide all certificates of completion and roof permits.

6. Submit a Sworn Proof of Loss.

This is not a new request. This was requested in our claim acknowledgment letter. Another form is enclosed for your convenience.

Please provide us with the requested information within the next twenty days so that we can proceed with our investigation of your claim. The documentation can be submitted via email , faxed to [phone redacted], or mailed to the address provided above. Please be sure to include your claim number on all correspondence submitted to our office.

Please be advised that the insurance contract requires compliance with all applicable provisions including without limitation all post-loss duties. Compliance with providing the requested information is material to the investigation and is a condition precedent to recovery under the insurance contract. Failure to supply the requested information constitutes a breach of the insurance contract and could jeopardize coverage for this loss.

Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions.

Should you have any questions, please contact me."

This Reservation of Rights and Request for Further Information letter was additionally emailed to the Insureds' Public Adjuster. The correspondence, was followed up with another email to schedule a Recorded Statement of the Insureds.

On October 7, 2024, pursuant to section 627.70131(7)(a), Florida Statutes, Olympus sent a 60-day letter to update the Insureds, and the Insureds' Public Adjuster via email, stating:

"Pursuant to Florida Statute 627.70131(7)(a), we are notifying you that the cause of the loss has not been established.

We are pending documents responsive to our requests for information, including the following: before photos of the roof repair and invoice.

Please submit documents related to your claim so we can complete our investigation.

Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions.

Should you have any questions, please contact me."

On October 8, 2024, Olympus and the Insureds' Public Adjuster spoke over the phone regarding emergency repairs like water remediation. On October 22, 2024, another call between Olympus and the Insureds' Public Adjuster took place where Olympus updated the Public Adjuster onto the current status of the claim.

Following these calls and receipt of the materials from Hydroscount and pursuant to Olympus' adjustment of the claim pursuant to the Policy, on November 22, 2024, coupled with an email and the report from Hydroscount, Olympus sent a coverage decision letter stating:

"Olympus Insurance Company ("Olympus") investigated the claim you reported on August 16, 2024, for damage to the roof and the master bedroom closet ceiling that reportedly occurred on June 07, 2024.

Olympus inspected the insured location with [name redacted] on August 22, 2024. The property features a double-roll concrete tile roof secured with nails, situated on a 5/12 slope, and constructed in 1999. An inspection revealed approximately 33 cracked tiles and 41 tiles with broken corners, with 21 of these tiles previously repaired using caulking. The damage has been attributable to foot traffic, thermal expansion, or installation issues.

Additionally, 25 field tiles and 4 ridge cap tiles have been replaced in the past. The mortar on the ridge caps shows signs of cracking and detachment, a result of natural aging and wear, as well as previous repair attempts. There are 2 loose tiles due to inadequate repairs. A leak was identified in the master closet, attributed to underlayment failure, but no evidence of wind or storm damage was found.

Furthermore, Olympus inspected the insured location with HydroScout on September 12, 2024. HydroScout concluded the following:

• We observed evidence of a prior leak on the roof decking above the master bedroom walkin closet during our inspection of the attic. • We observed evidence of a repair that was made on the roof slope above the master • bedroom. • No evidence of a leak was observed from the HVAC ductwork during our inspection of the attic • The pressure test of the potable water system confirmed there were no active pressurized water leaks at the time of our inspection. • The roofing system of the home consists of cement tiles, which are prone to damage and expensive repairs when subjected to foot traffic. Consequently, in adherence to HydroScout's company policy, the procedure of accessing or walking on the concrete tile roof for additional inspection or testing was not performed. • The location and extent of the damage is consistent with a leak occurring over a period of time.

Also, Olympus had [name redacted] Aldridge participate in a recorded statement with public adjuster [name redacted] on September 24, 2024, regarding a wind damage claim at her [name redacted] FL residence. The damage, identified around August 10, 2024, resulted in a ceiling collapse, necessitating roof repairs. [name redacted] stated that there were no prior losses or repairs to her home and that Bravo Roofing was referred for the repair work. Both [name redacted] provided their consent for the recording of the conversation.

Please be advised that the insurance contract requires compliance with all applicable provisions including without limitation all post-loss duties, such as:

• Immediately give notice of loss. • Provide us with any/all documentation we request. • Protect your property from further damage. • Cooperate with us in the investigation of your claim. • Provide a Sworn Proof of Loss. • Show us the damaged property in loss condition.

As you will note, Olympus was unable to inspect the loss in loss condition as the damaged material was removed from the property as well as the repairs which were facilitated to the roofing system prior to Olympus being given the opportunity to inspect the reported damage. Olympus has not yet to date received documentation including, although, not limited to photos/videos of the damaged property in loss condition to support the reported damages. Additionally, HydroScout indicated that the subject leak is consistent with a leak occurring over a period of time instead of a sudden occurrence.

As a direct result of the damaged material being removed from the subject property as well as the prior repairs observed to the roofing system prior to Olympus' inspection, Olympus was unable to obtain material facts of your loss such as the cause, origin, and duration of the reported damage which has prejudiced our investigation and has hindered our ability to adequately assess the reported damage.

Unfortunately, you did not comply with your post-loss obligations. We have no duty to provide coverage under this policy if you fail to comply with the Duties After Loss. Compliance with you Duties After Loss is material to the investigation and is a condition precedent to recovery under the insurance contract. Your failure to comply with the Duties After Loss constitutes a breach of the insurance contract, when, as here, it prejudiced our investigation into your loss and claim. As a direct result of your contractual breach, Olympus is unable to verify material facts of your loss and has been unable to meaningfully investigate your claim.

Since you did not comply with your Duties After Loss as required by the terms and conditions of the insurance contract issued to you, you are in breach of this contract. Therefore, Olympus must deny coverage for your claim. Our declination of coverage is also applied to any claim from any assignee and/or any other third party contracted by you for services per your policy conditions.

Please refer to your policy, HO 00 03 10 00 Homeowners 3 - Special Form, as amended by OL HO 100 09 23 Special Provisions - Florida endorsement, which states in relevant part: SECTION I - CONDITIONS … B. Duties After Loss: After a loss to which this insurance may apply, you shall see that the following duties are performed: In case of a loss to covered property, we have no duty to provide coverage under this Policy to you or any other "insured" seeking coverage, if there is failure to comply with any of the following duties.

1. Promptly give notice to us or our agent; Except for Reasonable Emergency Measures taken under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2., there is no coverage for repairs that begin before the earlier of: a. 72 hours after we are notified of the loss; b. The time of loss inspection by us; or c. The time of other approval by us; If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures begins the earlier of when we are given access to inspect the loss or when we fail to appear at a scheduled loss inspection. Any claim or "reopened claim" under an insurance policy that provides property insurance for loss or damage caused by any covered peril is barred unless notice of the claim was given to us in accordance with the terms of the policy within 1 year after the date of loss. A "supplemental claim" is barred unless notice of the "supplemental claim" was given to us in accordance with the terms of the policy within 18 months after the date of loss. The time limitations to provide notice are tolled during any term of deployment to a combat zone or combat support posting which materially affects the ability of a named insured who is a servicemember as defined in Florida Statute 250.01 to file a claim, "reopened claim", or "supplemental claim". For the purposes of this section, the term "reopened claim" means a claim that we have previously closed, but that has been reopened upon an insured's request for additional costs for loss or damage previously disclosed to us. "Supplemental claim" means a claim for additional loss or damage from the same peril which we previously adjusted or for which costs have been incurred while completing repairs or replacement pursuant to an open claim for which timely notice was previously provided to us. …

4. Protect the property from further damage. The following must be performed: a. Take Reasonable Emergency Measures that are necessary to protect the covered property from further damage, as provided under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Keep an accurate record of the reasonable and necessary repairs and any and all expenses for such repairs. To the degree reasonably possible, take photos of the damage and cause of loss, and keep damaged parts, prior to repairs commencing;

5. You must submit to us, within 60 days after our request, signed sworn proof of loss, which sets forth, to the best of your knowledge and belief: a. The description of the loss, including the date and time of the loss, the cause of the loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss; b. The names of all persons who resided at the insured location at the time of loss; c. The names of all persons with knowledge of how the loss occurred and the extent of the damage; d. The interests of all "insureds" and all others in the property involved and all liens on the property; e. Other insurance which may cover the loss; f. Change in title or occupancy of the property during the term of the Policy; g. Specifications of the damage to the dwelling and other structures; including: (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of the damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary or permanent repairs. Photographs and any other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; h. The inventory of damaged personal property described in SECTION I - CONDITIONS, B.7., below; i. Receipts for additional living expenses incurred and records that support the fair rental value loss; and j. Evidence or affidavit that supports a claim under Additional Coverage 6. Credit Card, Electronic Fund Transfer Card or [name redacted] Forgery And Counterfeit Money stating the amount and cause of loss;

6. Cooperate with us or any person authorized to act on our behalf, in the investigation of a claim. This includes speaking and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any other "insured" seeking coverage, or a representative of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that unreasonably prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation;

7. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related documents that justify the figures in the inventory;

8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. You must be present at our inspection and assist in identifying the damaged property during the inspection; c. For losses under Coverage A and Coverage B, allow us to re-inspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by any third parties were completed, or following a supplemental or re-opened claim; d. Provide us with the records, photos, and documents we request and permit us to make copies; e. Provide us with receipts for additional living expenses incurred; f. Provide us with records that support the fair rental value loss; and g. In the County where the "residence premises" is located: (1) You and any and all "insureds"; (2) Any member, officer, director, partner, or similar representative of the association, corporation, or other entity, if you are the association, corporation, or other entity who is an "insured"; and (3) Any agent or representative, including any public adjuster engaged on behalf of you or any "insured", or any member, officer, director, partner, or similar representative of an association, corporation or other entity, described in g.(1) or (2), above; must: (a) Submit to examinations under oath and recorded statements while not in the presence of each other or any other "insured"; (b) Provide government-issued photo identification. If you do not possess government-issued photo identification, alternative identification with a signed sworn statement identifying who you are may be provided; and (c) Sign any transcript of the examinations under oath and recorded statements. Such examinations under oath and recorded statements must either be in-person or utilize video and audio technology, or both, as determined by us; h. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and i. Any and all "insureds" must execute all authorizations for the release of information when requested by us.

9. Promptly produce any updates to the documents and information above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: 10. To the degree reasonably possible, prior to materially altering, destroying, trenching, or excavating any part of the property or structure insured, allow us or any person authorized to act on our behalf, the opportunity to inspect the property. The duties above apply regardless of whether a person retains or is assisted by a party who provides legal advice, insurance advice, or expert claim advice, regarding an insurance claim under this Policy.

E. Mediation Or Appraisal

If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing as outlined in SECTION I - CONDITIONS, G. Suit Against Us so that either party may:

1. Demand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services. a. For the purposes of mediation, the term "claim" refers to any dispute between an insurer and a policyholder relating to a material issue of fact. b. The loss amount must be $500 or more, prior to application of the deductible; or there must be a difference of $500 or more between the loss settlement amount we offer and the loss settlement amount that you request. c. The settlement in the course of the mediation is binding only if both parties agree, in writing, on a settlement and, you have not rescinded the settlement within 3 business days after reaching settlement. You may not rescind the settlement after cashing or depositing the settlement check or draft we provided to you. d. We will pay the cost of conducting any mediation conference except when you fail to appear at a conference. That conference will then be rescheduled upon your payment of the mediator's fee for that rescheduled conference. If we fail to appear at a mediation conference, we will pay: (1) Your actual cash expenses you incur in attending the conference; and (2) The mediator's fee for the rescheduled conference.

If however, we demanded the mediation and either party rejects the mediation results, you are not required to submit to, or participate in, any appraisal of the loss as a precondition to action against us for failure to pay the loss.

If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement and intent to file suit in writing as outlined in SECTION I - CONDITIONS, G. Suit Against Us to allow us an opportunity to exercise our right to demand mediation or appraisal. … Please be aware that if you disagree with the coverage decision for your loss, you may not file suit against us without first providing your disagreement and intent to file suit in writing so that we may further investigate your loss. This condition is governed by both your policy and Florida statute 627.[address redacted]ates in relevant part: SECTION I - CONDITIONS … G. Suit Against Us.

No action can be brought against us by you unless there has been full compliance with all of the terms and conditions under SECTION I of this policy and the action is started within 5 years after the date of loss. Prior to filing suit, you must provide the Florida Department of Financial Services with written notice of intent to initiate litigation at least 10 business days before filing suit under the policy, in accordance with s. 627.70152, Florida Statutes. … Further Florida Statute 627.70152(3)(a) states:

As a condition precedent to filing suit under a property insurance policy, a claimant must provide the department with written notice of intent to initiate litigation on a form provided by the department. Such notice must be given at least 10 business days before filing suit under the policy, but may not be given before the insurer has made a determination of coverage under s. 627.70131. Notice to the insurer must be provided by the department to the e-mail address designated by the insurer under S. 624.422. The notice must state with specificity all of the following information:

1. That the notice is provided pursuant to this section.

2. The alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage.

3. If provided by an attorney or other representative, that a copy of the notice was provided to the claimant.

4. If the notice is provided following a denial of coverage, an estimate of damages, if known.

5. If the notice is provided following acts or omissions by the insurer other than denial of coverage, both of the following: a. The presuit settlement demand, which must itemize the damages, attorney's fees, and costs. b. The disputed amount.

These excerpts from your policy are for reference only. By this letter, Olympus does not imply that other policy provisions are not applicable as all of the policy terms and Conditions apply to your claim.

Should you wish to comply with our request(s) and cooperate with us in the investigation of your claim, we will gladly re-open your file for continuation of our investigation as outlined by your policy provisions.

Our denial of your claim does not relieve you of the duty to maintain your property. You should move forward with any repairs necessary to remedy any defects and protect your property from further damage.

Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions.

Should you have any further questions concerning your claim, please let me know."

Seemingly in response to same, on January 2, 2025, the Insureds filed this Civil Remedy Notice and a Notice of Intent to Initiate Litigation. On January 16, 2025, Olympus sent a response to the Notice of Intent to Initiate Litigation stating:

"The following response is provided pursuant to Section 627.70152, Florida Statutes.

Olympus Insurance Company acknowledges receipt of the Property Insurance Notice of Intent to Initiate Litigation (Notice Number: 223380) accepted by the Florida Department of Financial Services on January 2, 2025 (hereafter referred to as "the Notice"). The Notice was submitted on behalf of [name redacted] (hereafter "the Insureds"). Olympus Insurance Company received the Notice on January 2, 2025 and this shall serve as Olympus Insurance Company's response to same.

To begin, the Notice does not comply with the specificity requirements of § 627.70152(3)(a), Fla. Stat.

First, it appears that the Notice does not list all named Insureds on the Policy as it has failed to include Donald [name redacted] . To the extent that the Notice is incomplete and thus deficient, it is invalid and needs to be re-filed to include all applicable parties.

Second, the Notice is provided following a coverage denial. In the coverage decision letter, Olympus advised that:

"Olympus Insurance Company ("Olympus") investigated the claim you reported on August 16, 2024, for damage to the roof and the master bedroom closet ceiling that reportedly occurred on June 07, 2024.

Olympus inspected the insured location with [name redacted] on August 22, 2024. The property features a double-roll concrete tile roof secured with nails, situated on a 5/12 slope, and constructed in 1999. An inspection revealed approximately 33 cracked tiles and 41 tiles with broken corners, with 21 of these tiles previously repaired using caulking. The damage has been attributable to foot traffic, thermal expansion, or installation issues.

Additionally, 25 field tiles and 4 ridge cap tiles have been replaced in the past. The mortar on the ridge caps shows signs of cracking and detachment, a result of natural aging and wear, as well as previous repair attempts. There are 2 loose tiles due to inadequate repairs. A leak was identified in the master closet, attributed to underlayment failure, but no evidence of wind or storm damage was found.

Furthermore, Olympus inspected the insured location with HydroScout on September 12, 2024. HydroScout concluded the following:

• We observed evidence of a prior leak on the roof decking above the master bedroom walk in closet during our inspection of the attic. • We observed evidence of a repair that was made on the roof slope above the master bedroom. • No evidence of a leak was observed from the HVAC ductwork during our inspection of the attic • The pressure test of the potable water system confirmed there were no active pressurized water leaks at the time of our inspection. • The roofing system of the home consists of cement tiles, which are prone to damage and expensive repairs when subjected to foot traffic. Consequently, in adherence to HydroScout's company policy, the procedure of accessing or walking on the concrete tile roof for additional inspection or testing was not performed. • The location and extent of the damage is consistent with a leak occurring over a period of time.

Also, Olympus had [name redacted] Aldridge participate in a recorded statement with public adjuster [name redacted] on September 24, 2024, regarding a wind damage claim at her [name redacted] FL residence. The damage, identified around August 10, 2024, resulted in a ceiling collapse, necessitating roof repairs. [name redacted] stated that there were no prior losses or repairs to her home and that Bravo Roofing was referred for the repair work. Both [name redacted] provided their consent for the recording of the conversation.

Please be advised that the insurance contract requires compliance with all applicable provisions including without limitation all post-loss duties, such as:

• Immediately give notice of loss. • Provide us with any/all documentation we request. • Protect your property from further damage. • Cooperate with us in the investigation of your claim. • Provide a Sworn Proof of Loss. • Show us the damaged property in loss condition.

As you will note, Olympus was unable to inspect the loss in loss condition as the damaged material was removed from the property as well as the repairs which were facilitated to the roofing system prior to Olympus being given the opportunity to inspect the reported damage. Olympus has not yet to date received documentation including, although, not limited to photos/videos of the damaged property in loss condition to support the reported damages. Additionally, HydroScout indicated that the subject leak is consistent with a leak occurring over a period of time instead of a sudden occurrence.

As a direct result of the damaged material being removed from the subject property as well as the prior repairs observed to the roofing system prior to Olympus' inspection, Olympus was unable to obtain material facts of your loss such as the cause, origin, and duration of the reported damage which has prejudiced our investigation and has hindered our ability to adequately assess the reported damage.

Unfortunately, you did not comply with your post-loss obligations. We have no duty to provide coverage under this policy if you fail to comply with the Duties After Loss. Compliance with you Duties After Loss is material to the investigation and is a condition precedent to recovery under the insurance contract. Your failure to comply with the Duties After Loss constitutes a breach of the insurance contract, when, as here, it prejudiced our investigation into your loss and claim. As a direct result of your contractual breach, Olympus is unable to verify material facts of your loss and has been unable to meaningfully investigate your claim.

Since you did not comply with your Duties After Loss as required by the terms and conditions of the insurance contract issued to you, you are in breach of this contract. Therefore, Olympus must deny coverage for your claim. Our declination of coverage is also applied to any claim from any assignee and/or any other third party contracted by you for services per your policy conditions."

To date, there has been no new documentation provided that would change Olympus' position on this matter.

Third, Section 627.70152(3)(a)(2), Fla. Stat., requires the Notice state with specificity the alleged acts or omissions of the insurer giving rise to the suit. The Notice does not provide any specific facts regarding any alleged act or omission of Olympus Insurance Company and instead includes only notes, "Wrongful denial; water event. Additional specific acts and omissions of the insurer giving rise to the suit are detailed in the attached Civil Remedy Notice, the entirety of which is hereby incorporated into and made part of this Notice."

As such, the Notice also does not provide an estimate of damages or demand and the Notice does not place Olympus on sufficient notice of the specific facts regarding any alleged act or omission that serve as the alleged basis for the Notice. Fourth, it appears that the only line item included with the Notice is an estimate that has likely been calculated on a replacement cost basis. Replacement cost benefits are not due and owing until and unless the work necessary to repair or replace the covered property is performed and the expenses are incurred. To date, Olympus has not been notified that the work has commenced or been performed or that any expenses to make the necessary repairs have been incurred that would exceed the policy deductible. Accordingly, the claim should be limited to the actual cash value of the direct physical loss to covered property. Because the estimate is incomplete, the Notice does not place Olympus on sufficient notice of the specific damages in dispute.

For these reasons, the Notice is noncompliant with § 627.70152(3)(a), Fla. Stat. The lack of specificity inhibits Olympus Insurance Company's right to promptly investigate, review, and evaluate the "dispute" stated in the Notice. Olympus Insurance Company requests that a proper and statutorily compliant written notice of intent to initiate litigation be submitted before suit is filed under the policy.

Next, without waiving the deficiencies with the Notice, and subject to a complete reservation of rights, Olympus Insurance Company asserts the right to reinspect the damaged property. By asserting the right to reinspect the damaged property, Olympus Insurance Company has fourteen business days after this response to perform the reinspection to accept or continue to deny coverage. As such, it is imperative that you make the property available for reinspection within the next fourteen calendar days for reinspection. Our counsel, [name redacted] Esq. () will contact you to coordinate a mutually convenience date at time for this to take place.

This response is based on Olympus Insurance Company's investigation, review, and evaluation of the claim and the information provided by the Insureds to date. If there is additional information or documentation pertinent to the Insureds' claim that has not previously been submitted, please submit it now for review and evaluation.

Nor shall any conduct of Olympus or its agents, attorneys, or employees be construed as an estoppel, waiver, modification, or surrender of the terms, limitations, exclusions, conditions, or agreements of the insurance policy. As such, Olympus reserves all its rights and defenses under the policy and Florida law, as well as the right to investigate, review, and evaluate any properly stated dispute in the event Olympus receives a statutorily compliant notice of intent or new or additional information.

A copy of this response was sent to the Insureds to the designated email address as listed in the Notice.

If you have any questions or concerns, please feel free to contact Olympus Insurance Company."

The response was provided via email to the Insureds and their Counsel. In a good faith effort to continue adjustment of the claim following the denial and subsequent Civil Remedy Notice and Notice of Intent to Initiate Litigation, on January 27, 2024, Olympus retained PEGroup Engineers, Inc. to inspect the property once more. The inspection took place on January 27, 2025, by [name redacted] P.E.. Thereafter, Greg McLellan, P.E. (the [name redacted] of PE Group) concluded that:

"• The results of our weather research show the wind forces recorded at the local weather stations, reported within vicinity of the property or estimated at the subject property on June 7, 2024, were elevated but were not sufficient to cause uplift wind damage to a well maintained and installed roof system. • We observed no groups of shattered tiles at the subject property or apparent patterns of cascading damage to the tiles on the roof consistent with impact damage from wind-borne debris. • The upset hip tile apparent in the images we reviewed was not consistent with elevated wind pressures and/or impacts from windborne debris given that it remained generally in place rather than being removed from the roof given its detachment from the roof surface as wood be the case with tiles that suffer removal from wind uplift. • We observed tiles displaced downslope a few inches that were the result of improper installation given that they lacked fasteners or due to cracks across the upper section of the tile from footfall. These were not the result of elevated wind pressures and/or impacts from windborne debris. • We observed cracked tiles on the roof surface that were the result of footfall and thermal expansion and contraction and not the result of elevated wind pressures and/or impacts from windborne debris. • The ceiling and wall within the primary bedroom closet had been repaired prior to our inspection and thus we were unable to assess the reported damage to the same. • The discolored roof deck in the attic above the primary bedroom closet was consistent with exposure to moisture from precipitation entering the building through unsealed portions of the roof surface. • The roof was 25 years old on June 7, 2024 and was nearing the end of its useful life and thus was prone to deterioration related leaks."

Before a supplemental coverage letter could be conveyed, the Insureds filed a complaint against Olympus for the alleged breach of the Policy.

2. Nature of the Complainant's Civil Remedy Complaint

In the Civil Remedy Notice, the Complainant alleges Olympus violated:

Section 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.

Section 626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.

Section 626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.

Section 626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information.

These accusations are unfair given the nature of the facts and damage surrounding this claim. Here, the claim was processed, the Insureds' property was inspected on numerous occasions, multiple requests for information were sent, and Olympus came to a coverage determination to deny coverage due to the Insureds' failure to follow the Policy, which prejudiced Olympus' right to evaluate the claim.

Specifically, first, Olympus asserts that it did act in good faith, fairly, and honestly towards the Insureds by taking all necessary steps to decide coverage all while keeping in constant communication with the Insured.

Second, Olympus asserts that it does have standards for the proper investigation of claims, standards that it used during the evaluation of this claim, including sending a numerous individuals to inspect the property in person in addition to requesting paper documents for Desk Adjusters to evaluate, sending an engineer to the property to further inspect the claim, requesting a sworn proof of loss, and keeping in communication with the Insureds and their representatives throughout the appraisal process.

Third, Olympus asserts that it has made no misrepresentations on any facts or Policy provisions in its adjustment of this claim. In fact, Olympus used language directly from the Policy in its correspondence to the Insureds and their representatives.

Fourth, Olympus asserts that it did conduct a reasonable investigation, using multiple different, unbiased investigators in addition to its own investigators in reaching its decision to deny the claim.

Moreover, the Notice is deficient in the following aspects:

• As mentioned previously, a named Insured, Donald [name redacted] is not a named Complainant, and therefore, the Civil Remedy Notice fails in its inception.

• Section 624.155(3)(b)(3), Florida Statutes, requires that the Civil Remedy Notice state with specificity the name of any individual involved in the violation, however, here, the Complainant merely states "Any and all persons associated with the claims handling from Olympus Insurance Company." Thus, the Purported Notice is invalid for noncompliance with section 624.155(3)(b)(3), Florida Statutes.

• Section 624.155(3)(b)(4), Florida Statutes, requires the Civil Remedy Notice to reference specific policy language that is relevant to the violation, if any. If the person bringing the civil action is a third-party claimant, she or he shall not be required to reference the specific policy language if the authorized insurer has not provided a copy of the policy to the third-party claimant pursuant to written request. The Complainant is not a third-party claimant; therefore, the Purported Notice must include specific language from the subject policy that is relevant to the alleged violations. It does not. Thus, the Purported Notice is invalid for noncompliance with section 624.155(3)(b)(4), Florida Statutes.

Further, the Complainant has failed to ask for a proper cure of their Civil Remedy Notice. Instead, it has asked for the following cure(s):

"[I]mmediately accept[] full coverage under the subject insurance policy for this claim and by pay[] Insured's estimate of damages $145,109.57, and J&S Restoration in the amount of $3,104.86, less applicable deductible, which is the reasonable amount of the covered loss pursuant to the policy."

Olympus responds: (1) This is an improper cure remedy because it is based on an estimate and is not a reflection of actual costs owed by Olympus, if any. (2) This is an improper cure because it fails to state why the Insureds are entitled to coverage following their breach of the Policy. (3) A complete and total amount has not been listed.

Settlement Importantly, following the cure period for the instant Civil Remedy Notice, the parties agreed to settlement of the instant matter and counsel sent a General Release that included the allegations of this Civil Remedy Notice. Moreover, in this Release, Frontline specifically did not admit any liability, bad faith, or the allegations contained within this Civil Remedy Notice. The Insureds' counsel agreed to settlement, executed a general release, which included this Civil Remedy Notice. Finally, this matter was dismissed by the Court on or about October 30, 2025.

Conclusion

Olympus asserts that there was no misconduct in the adjustment of the Insureds' claim. As can be seen from the above, Olympus has credible evidence to support its belief that the claim was properly adjusted. The claim was processed, the Insureds' property was inspected multiple times, letters requesting documentation and information were sent, and Olympus reasonably came to a decision to deny the claim after proper adjustment. Olympus has spent considerable time and resources in the investigation of this matter and believes that its efforts were made in good faith and based on the information available at the time of the claim. In turn, this Civil Remedy Notice unfairly characterizes the facts of the Insureds' claim and unfairly paints Olympus in a negative light. Moreover, the lack of documentation provided by the Insureds/Complainant and their counsel during the pendency of this cure period, as well as the lack of specificity within the Civil Remedy Notice, has not given Olympus the ability to conclude its adjustment or "cure" the allegations contained herein above and beyond the payment of coverage already paid. Finally, pursuant to the settlement of this matter all matters related to this Civil Remedy Notice are now moot

Sincerely, [name redacted] Esq. On Behalf of Olympus Insurance Company

10-20-2025

Parties are agreed to resolve issues

03-03-2025

March 3, 2025

Florida Department of Financial Services Consumer Assistance/Civil Remedy Section Larson Bldg., [address redacted]reet Tallahassee, Florida 32399-0322

Re: Complainant: [name redacted] Address: [address redacted]ive, [name redacted] FL Email: Insured: [name redacted] Policy no. [redacted] Claim no. [redacted] Attorney: [name redacted] Kuhn Address: [address redacted]reet, Tampa, FL DOI File #: 798807 Date of Acceptance: January 2, 2025

To Whom It May Concern:

Please accept this as the response of Olympus Insurance Company ("Olympus") to the Civil Remedy Notice filed by the Complainant, [name redacted] . It should be noted from the onset that the instant Civil Remedy Notice is defective as the Complainant's counsel has failed to list an additional Insured, Donald [name redacted] as a Complainant. Notwithstanding this deficiency, Olympus' response is specifically in regard to Claim no. [redacted], which is related to a claim for Insureds' property located at [address redacted]ive, [name redacted] FL, which was insured by Olympus under Policy no. [redacted] with effective dates of that Policy being May 17, 2024 through May 17, 2025, and was in effect on the alleged date of loss, June 7, 2024.

Statement of Facts

This matter arises from an alleged windstorm/roof leak claim at the Insureds' [name redacted] Florida residence. For the convenience of the reader, I have broken down the Statement of Facts that will detail Olympus' handling of the file.

1. Claim no. [redacted]

The instant claim was reported to Olympus on August 16, 2024, over two months following the alleged date of loss of June 7, 2024 by the Insureds' Public Adjuster. After receipt of the claim, Olympus assigned a claim number, 24FLHOV0015510 and sent the Insureds initial correspondence which contained a *Bill of Rights, Acknowledgement Letter, and a Sworn Proof of Loss for execution to allow Olympus to verify the amount of the claim being made.

In its August, 17, 2024 acknowledgement of claim letter, Olympus advised the Insureds that:

"This letter acknowledges receipt of the above referenced claim. Your claim will be handled by our Olympus Claims Team, and a team member will contact you to discuss the claims process and arrange for any onsite inspections needed.

Olympus Insurance Company ("Olympus") will conduct an investigation and will pay to repair or replace damage to covered property, subject to the terms and conditions of your policy. Under the terms of your policy, Olympus may elect to repair and/or remediate the damaged property pursuant to the policy provisions. Should Olympus exercise its option to repair, no insurance proceeds will be due or payable to you for such repairs because they will be paid directly to the contractor chosen by Olympus to make the necessary repairs. This letter serves as Olympus' express notification to you that it reserves its right to repair and will notify you of any decision to exercise such option as provided for under your policy and as required under any applicable law.

Please be advised that in order to adequately investigate any claims, Olympus may require you and/or any others to submit to an Examination Under Oath to discuss the circumstances of the claim(s). Please take a moment to review the Homeowner Claims Bill of Rights and information on the Department of Financial Services' [name redacted] Programs. Following are Your Duties After Loss, including the requirement that you complete, sign, date, notarize and return to Olympus the enclosed Sworn Proof of Loss within sixty (60) days after the loss.

Nothing contained herein shall preclude any party from availing themselves of any provisions of Florida law providing such party a means of obtaining judgment for their reasonable attorney's fees and costs incurred.

If you have any questions, please contact us: [phone redacted] during the hours of 8:00 AM to 5:00 PM, EST, Monday- Friday, or feel free to leave a message so we may return your call by the next business day. You can send claim information to us via email: ; or fax: [phone redacted]; or mail: [address redacted], Worcester, MA 01613. Please include your claim number on any correspondence provided to us. Thank you for insuring with Olympus Insurance Company. We appreciate your business and look forward to working together to resolve this matter."

Additional correspondence also advised that:

We hope this letter finds you well. We are writing to provide you with important information regarding the claims process for your recent insurance claim. We understand that this can be a complex and sometimes overwhelming process, and we want to ensure that you are well-informed and supported every step of the way.

If you have any relevant photos or claim-related documents that can assist us in assessing your claim more effectively, such as photos, videos, and other supporting documentation. We kindly request that you email them to us at and be sure to include your claim number in the subject line. These additional materials can provide valuable evidence and contribute to a smoother and more efficient claims process.

During the claims process, it is common for us to communicate with you via email. As we work on your claim, you may receive multiple emails from us containing copies of your estimate. These emails are intended to keep you updated on the progress and provide you with the necessary documentation for your reference.

It is important to note that in certain situations, there might be revisions to the initial estimate. In such cases, we will promptly send you additional emails with the revised estimates. These revisions could be due to various factors, such as unforeseen damages or new information that becomes available during the assessment process. We assure you that any revisions are aimed at accurately reflecting the scope of the claim and ensuring a fair resolution.

We understand that filing an insurance claim can be a stressful experience, but please know that our team is dedicated to providing you with the support and assistance you need. Should you have any questions or concerns throughout the process, please don't hesitate to reach out to our claims department. We are here to help and address any queries you may have.

Thank you for choosing Olympus, we appreciate your trust and cooperation. Rest assured, we are committed to handling your claim professionally and efficiently."

On August 19, 2024, Olympus compiled with the Public Adjuster's request by sending a certified copy of the Policy and an acknowledgment letter for the Letter of Representation, stating:

"This correspondence acknowledges your letter of representation for Donald and [name redacted] dated August 16, 2024, regarding the above referenced claim. This letter also acknowledges your request for a copy of the Policy. Enclosed is a copy of the Policy.

Should you have any questions, please contact me."

Then, on August 22, 2024, Olympus', [name redacted] of [name redacted] Construction, inspected the property. He took numerous pictures and notes while inspecting the property (specifically the roof, exterior, and interior). Thereafter, he provided same to Olympus with a report which noted that he did not observe wind or hail damage to the property.

Following same, Olympus' Desk Adjuster spoke to the Insured who could not provide a cause of loss date for the claim. Thereafter, the Desk Adjuster called the Insureds' Public Adjuster to discuss the claim, advise of the status, and the damages to the property.

Further, on September 12, 2024, to gather further information, Olympus sent [name redacted] of HydroScount, a licensed general contractor, state licensed plumber contractor, and certified roofing inspector specializing in leak detection, to do a diagnostic inspection. In a subsequent report to Olympus, he concluded the following:

"Findings:

• Roof material type: Concrete barrel tiles. • We observed evidence of a prior leak on the roof decking above the master bedroom walk-in closet during our inspection of the attic. • We observed evidence of a repair that was made on the roof slope above the master bedroom. • No evidence of a leak was observed from the HVAC ductwork during our inspection of the attic. • The pressure test of the potable water system confirmed there were no active pressurized water leaks at the time of our inspection. • The roofing system of the home consists of cement tiles, which are prone to damage and expensive repairs when subjected to foot traffic. Consequently, in adherence to HydroScout's company policy, the procedure of accessing or walking on the concrete tile roof for additional inspection or testing was not performed.

Duration of Loss • The location and extent of the damage is consistent with a leak occurring over a period of time."

After receiving materials from the Field Adjuster and Hydroscount's inspections, on September 17, 2024, Olympus sent the following Reservation of Rights and Request for Further Information letter to the Insureds which advised them that:

"We received your claim on August 08, 2024, for water damage to the master walk-in closet that reportedly occurred on June 07, 2024.

We are issuing this Reservation of Rights letter to you because there may not be coverage under your policy for this claim. The rights of Olympus Insurance Company may have been prejudiced and/or policy exclusions may apply. Please refer to the pertinent parts of your Homeowner's Policy, HO 00 03 10 00 Homeowners 3 - Special Form as amended by OL HO 100 09 23 Special Provisions - Florida endorsement, which state as follows:

SECTION I - CONDITIONS … B. Duties After Loss: After a loss to which this insurance may apply, you shall see that the following duties are performed: In case of a loss to covered property, we have no duty to provide coverage under this Policy to you or any other "insured" seeking coverage, if there is failure to comply with any of the following duties.

1. Promptly give notice to us or our agent; Except for Reasonable Emergency Measures taken under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2., there is no coverage for repairs that begin before the earlier of: a. 72 hours after we are notified of the loss; b. The time of loss inspection by us; or c. The time of other approval by us; If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures begins the earlier of when we are given access to inspect the loss or when we fail to appear at a scheduled loss inspection. Any claim or "reopened claim" under an insurance policy that provides property insurance for loss or damage caused by any covered peril is barred unless notice of the claim was given to us in accordance with the terms of the policy within 1 year after the date of loss. A "supplemental claim" is barred unless notice of the "supplemental claim" was given to us in accordance with the terms of the policy within 18 months after the date of loss. The time limitations to provide notice are tolled during any term of deployment to a combat zone or combat support posting which materially affects the ability of a named insured who is a servicemember as defined in Florida Statute 250.01 to file a claim, "reopened claim", or "supplemental claim". For the purposes of this section, the term "reopened claim" means a claim that we have previously closed, but that has been reopened upon an insured's request for additional costs for loss or damage previously disclosed to us. "Supplemental claim" means a claim for additional loss or damage from the same peril which we previously adjusted or for which costs have been incurred while completing repairs or replacement pursuant to an open claim for which timely notice was previously provided to us. …

4. Protect the property from further damage. The following must be performed: a. Take Reasonable Emergency Measures that are necessary to protect the covered property from further damage, as provided under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Keep an accurate record of the reasonable and necessary repairs and any and all expenses for such repairs. To the degree reasonably possible, take photos of the damage and cause of loss, and keep damaged parts, prior to repairs commencing;

5. You must submit to us, within 60 days after our request, signed sworn proof of loss, which sets forth, to the best of your knowledge and belief: a. The description of the loss, including the date and time of the loss, the cause of the loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss; b. The names of all persons who resided at the insured location at the time of loss; c. The names of all persons with knowledge of how the loss occurred and the extent of the damage; d. The interests of all "insureds" and all others in the property involved and all liens on the property; e. Other insurance which may cover the loss; f. Change in title or occupancy of the property during the term of the Policy; g. Specifications of the damage to the dwelling and other structures; including: (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of the damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary or permanent repairs. Photographs and any other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; h. The inventory of damaged personal property described in SECTION I - CONDITIONS, B.7., below; i. Receipts for additional living expenses incurred and records that support the fair rental value loss; and j. Evidence or affidavit that supports a claim under Additional Coverage 6. Credit Card, Electronic Fund Transfer Card or [name redacted] Forgery And Counterfeit Money stating the amount and cause of loss;

6. Cooperate with us or any person authorized to act on our behalf, in the investigation of a claim. This includes speaking and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any other "insured" seeking coverage, or a representative of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that unreasonably prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation;

7. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related documents that justify the figures in the inventory;

8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. You must be present at our inspection and assist in identifying the damaged property during the inspection; c. For losses under Coverage A and Coverage B, allow us to re-inspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by any third parties were completed, or following a supplemental or re-opened claim; d. Provide us with the records, photos, and documents we request and permit us to make copies; e. Provide us with receipts for additional living expenses incurred; f. Provide us with records that support the fair rental value loss; and g. In the County where the "residence premises" is located: (1) You and any and all "insureds"; (2) Any member, officer, director, partner, or similar representative of the association, corporation, or other entity, if you are the association, corporation, or other entity who is an "insured"; and (3) Any agent or representative, including any public adjuster engaged on behalf of you or any "insured", or any member, officer, director, partner, or similar representative of an association, corporation or other entity, described in g.(1) or (2), above; must: (a) Submit to examinations under oath and recorded statements while not in the presence of each other or any other "insured"; (b) Provide government-issued photo identification. If you do not possess government-issued photo identification, alternative identification with a signed sworn statement identifying who you are may be provided; and (c) Sign any transcript of the examinations under oath and recorded statements. Such examinations under oath and recorded statements must either be in-person or utilize video and audio technology, or both, as determined by us; h. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and i. Any and all "insureds" must execute all authorizations for the release of information when requested by us.

9. Promptly produce any updates to the documents and information above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: 10. To the degree reasonably possible, prior to materially altering, destroying, trenching, or excavating any part of the property or structure insured, allow us or any person authorized to act on our behalf, the opportunity to inspect the property. The duties above apply regardless of whether a person retains or is assisted by a party who provides legal advice, insurance advice, or expert claim advice, regarding an insurance claim under this Policy.

FIRST REQUEST FOR INFORMATION

Olympus Insurance Company ("Olympus") is evaluating your above referenced claim. Olympus requests your assistance to complete our investigation. To assist in our investigation and evaluation of your claim, we request that you provide us with the following information/documentation:

1. Provide documentation to support the cause of loss, like a death certificate.

2. Submit all photos and videos taken at the time of the loss of the claimed damages.

3. Submit all related estimates, invoices, contracts, photos and supporting documentation related to this loss.

4. Allow us to obtain a Recorded Statement and/or Examination Under Oath at our request.

5. Provide all certificates of completion and roof permits.

6. Submit a Sworn Proof of Loss.

This is not a new request. This was requested in our claim acknowledgment letter. Another form is enclosed for your convenience.

Please provide us with the requested information within the next twenty days so that we can proceed with our investigation of your claim. The documentation can be submitted via email , faxed to [phone redacted], or mailed to the address provided above. Please be sure to include your claim number on all correspondence submitted to our office.

Please be advised that the insurance contract requires compliance with all applicable provisions including without limitation all post-loss duties. Compliance with providing the requested information is material to the investigation and is a condition precedent to recovery under the insurance contract. Failure to supply the requested information constitutes a breach of the insurance contract and could jeopardize coverage for this loss.

Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions.

Should you have any questions, please contact me."

This Reservation of Rights and Request for Further Information letter was additionally emailed to the Insureds' Public Adjuster. The correspondence, was followed up with another email to schedule a Recorded Statement of the Insureds.

On October 7, 2024, pursuant to section 627.70131(7)(a), Florida Statutes, Olympus sent a 60-day letter to update the Insureds, and the Insureds' Public Adjuster via email, stating:

"Pursuant to Florida Statute 627.70131(7)(a), we are notifying

The cause of the loss has not been established.

We are pending documents responsive to our requests for information, including the following: before photos of the roof repair and invoice.

Please submit documents related to your claim so we can complete our investigation.

Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions.

Should you have any questions, please contact me."

On October 8, 2024, Olympus and the Insureds' Public Adjuster spoke over the phone regarding emergency repairs like water remediation. On October 22, 2024, another call between Olympus and the Insureds' Public Adjuster took place where Olympus updated the Public Adjuster onto the current status of the claim.

Following these calls and receipt of the materials from Hydroscount and pursuant to Olympus' adjustment of the claim pursuant to the Policy, on November 22, 2024, coupled with an email and the report from Hydroscount, Olympus sent a coverage decision letter stating:

"Olympus Insurance Company ("Olympus") investigated the claim you reported on August 16, 2024, for damage to the roof and the master bedroom closet ceiling that reportedly occurred on June 07, 2024.

Olympus inspected the insured location with [name redacted] on August 22, 2024. The property features a double-roll concrete tile roof secured with nails, situated on a 5/12 slope, and constructed in 1999. An inspection revealed approximately 33 cracked tiles and 41 tiles with broken corners, with 21 of these tiles previously repaired using caulking. The damage has been attributable to foot traffic, thermal expansion, or installation issues.

Additionally, 25 field tiles and 4 ridge cap tiles have been replaced in the past. The mortar on the ridge caps shows signs of cracking and detachment, a result of natural aging and wear, as well as previous repair attempts. There are 2 loose tiles due to inadequate repairs. A leak was identified in the master closet, attributed to underlayment failure, but no evidence of wind or storm damage was found.

Furthermore, Olympus inspected the insured location with HydroScout on September 12, 2024. HydroScout concluded the following:

• We observed evidence of a prior leak on the roof decking above the master bedroom walkin closet during our inspection of the attic. • We observed evidence of a repair that was made on the roof slope above the master • bedroom. • No evidence of a leak was observed from the HVAC ductwork during our inspection of the attic • The pressure test of the potable water system confirmed there were no active pressurized water leaks at the time of our inspection. • The roofing system of the home consists of cement tiles, which are prone to damage and expensive repairs when subjected to foot traffic. Consequently, in adherence to HydroScout's company policy, the procedure of accessing or walking on the concrete tile roof for additional inspection or testing was not performed. • The location and extent of the damage is consistent with a leak occurring over a period of time.

Also, Olympus had [name redacted] Aldridge participate in a recorded statement with public adjuster [name redacted] on September 24, 2024, regarding a wind damage claim at her [name redacted] FL residence. The damage, identified around August 10, 2024, resulted in a ceiling collapse, necessitating roof repairs. [name redacted] stated that there were no prior losses or repairs to her home and that Bravo Roofing was referred for the repair work. Both [name redacted] provided their consent for the recording of the conversation.

Please be advised that the insurance contract requires compliance with all applicable provisions including without limitation all post-loss duties, such as:

• Immediately give notice of loss. • Provide us with any/all documentation we request. • Protect your property from further damage. • Cooperate with us in the investigation of your claim. • Provide a Sworn Proof of Loss. • Show us the damaged property in loss condition.

As you will note, Olympus was unable to inspect the loss in loss condition as the damaged material was removed from the property as well as the repairs which were facilitated to the roofing system prior to Olympus being given the opportunity to inspect the reported damage. Olympus has not yet to date received documentation including, although, not limited to photos/videos of the damaged property in loss condition to support the reported damages. Additionally, HydroScout indicated that the subject leak is consistent with a leak occurring over a period of time instead of a sudden occurrence.

As a direct result of the damaged material being removed from the subject property as well as the prior repairs observed to the roofing system prior to Olympus' inspection, Olympus was unable to obtain material facts of your loss such as the cause, origin, and duration of the reported damage which has prejudiced our investigation and has hindered our ability to adequately assess the reported damage.

Unfortunately, you did not comply with your post-loss obligations. We have no duty to provide coverage under this policy if you fail to comply with the Duties After Loss. Compliance with you Duties After Loss is material to the investigation and is a condition precedent to recovery under the insurance contract. Your failure to comply with the Duties After Loss constitutes a breach of the insurance contract, when, as here, it prejudiced our investigation into your loss and claim. As a direct result of your contractual breach, Olympus is unable to verify material facts of your loss and has been unable to meaningfully investigate your claim.

Since you did not comply with your Duties After Loss as required by the terms and conditions of the insurance contract issued to you, you are in breach of this contract. Therefore, Olympus must deny coverage for your claim. Our declination of coverage is also applied to any claim from any assignee and/or any other third party contracted by you for services per your policy conditions.

Please refer to your policy, HO 00 03 10 00 Homeowners 3 - Special Form, as amended by OL HO 100 09 23 Special Provisions - Florida endorsement, which states in relevant part: SECTION I - CONDITIONS … B. Duties After Loss: After a loss to which this insurance may apply, you shall see that the following duties are performed: In case of a loss to covered property, we have no duty to provide coverage under this Policy to you or any other "insured" seeking coverage, if there is failure to comply with any of the following duties.

1. Promptly give notice to us or our agent; Except for Reasonable Emergency Measures taken under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2., there is no coverage for repairs that begin before the earlier of: a. 72 hours after we are notified of the loss; b. The time of loss inspection by us; or c. The time of other approval by us; If you unreasonably deny us access to inspect the loss during the period in a. above, coverage for repairs beyond Reasonable Emergency Measures begins the earlier of when we are given access to inspect the loss or when we fail to appear at a scheduled loss inspection. Any claim or "reopened claim" under an insurance policy that provides property insurance for loss or damage caused by any covered peril is barred unless notice of the claim was given to us in accordance with the terms of the policy within 1 year after the date of loss. A "supplemental claim" is barred unless notice of the "supplemental claim" was given to us in accordance with the terms of the policy within 18 months after the date of loss. The time limitations to provide notice are tolled during any term of deployment to a combat zone or combat support posting which materially affects the ability of a named insured who is a servicemember as defined in Florida Statute 250.01 to file a claim, "reopened claim", or "supplemental claim". For the purposes of this section, the term "reopened claim" means a claim that we have previously closed, but that has been reopened upon an insured's request for additional costs for loss or damage previously disclosed to us. "Supplemental claim" means a claim for additional loss or damage from the same peril which we previously adjusted or for which costs have been incurred while completing repairs or replacement pursuant to an open claim for which timely notice was previously provided to us.

4. Protect the property from further damage. The following must be performed: a. Take Reasonable Emergency Measures that are necessary to protect the covered property from further damage, as provided under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. Keep an accurate record of the reasonable and necessary repairs and any and all expenses for such repairs. To the degree reasonably possible, take photos of the damage and cause of loss, and keep damaged parts, prior to repairs commencing;

5. You must submit to us, within 60 days after our request, signed sworn proof of loss, which sets forth, to the best of your knowledge and belief: a. The description of the loss, including the date and time of the loss, the cause of the loss, a description of how the loss occurred, when the loss was discovered, and who discovered the loss; b. The names of all persons who resided at the insured location at the time of loss; c. The names of all persons with knowledge of how the loss occurred and the extent of the damage; d. The interests of all "insureds" and all others in the property involved and all liens on the property; e. Other insurance which may cover the loss; f. Change in title or occupancy of the property during the term of the Policy; g. Specifications of the damage to the dwelling and other structures; including: (1) Detailed descriptions of the damage to the property; (2) Repair estimates which show the extent of the damage to each item or property; (3) Estimated amount(s) to repair or replace each item of property; and (4) Amount(s) of payment made for any temporary or permanent repairs. Photographs and any other supporting documentation that exists should be included to the extent it is reasonable and practical to obtain; h. The inventory of damaged personal property described in SECTION I - CONDITIONS, B.7., below; i. Receipts for additional living expenses incurred and records that support the fair rental value loss; and j. Evidence or affidavit that supports a claim under Additional Coverage 6. Credit Card, Electronic Fund Transfer Card or [name redacted] Forgery And Counterfeit Money stating the amount and cause of loss;

6. Cooperate with us or any person authorized to act on our behalf, in the investigation of a claim. This includes speaking and sharing information with us or any person authorized to act on our behalf, and providing documents which can be reasonably obtained by you, to facilitate our investigation of the claim. You, any other "insured" seeking coverage, or a representative of either of these: a. Must cooperate with our investigation; b. Must not act in any manner that unreasonably prevents us or any person authorized to act on our behalf, from investigating the claim; and c. May not act in any manner to obstruct our investigation;

7. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related documents that justify the figures in the inventory;

8. As often as we reasonably require: a. Show us the damaged property and the cause of loss and the condition it was in at the time of loss, if possible, except as to any repairs performed under SECTION I - PROPERTY COVERAGES, Additional Coverages, 2. Reasonable Emergency Measures; b. You must be present at our inspection and assist in identifying the damaged property during the inspection; c. For losses under Coverage A and Coverage B, allow us to re-inspect, including but not limited to taking photographs and/or video of the property to confirm repairs invoiced by any third parties were completed, or following a supplemental or re-opened claim; d. Provide us with the records, photos, and documents we request and permit us to make copies; e. Provide us with receipts for additional living expenses incurred; f. Provide us with records that support the fair rental value loss; and g. In the County where the "residence premises" is located: (1) You and any and all "insureds"; (2) Any member, officer, director, partner, or similar representative of the association, corporation, or other entity, if you are the association, corporation, or other entity who is an "insured"; and (3) Any agent or representative, including any public adjuster engaged on behalf of you or any "insured", or any member, officer, director, partner, or similar representative of an association, corporation or other entity, described in g.(1) or (2), above; must: (a) Submit to examinations under oath and recorded statements while not in the presence of each other or any other "insured"; (b) Provide government-issued photo identification. If you do not possess government-issued photo identification, alternative identification with a signed sworn statement identifying who you are may be provided; and (c) Sign any transcript of the examinations under oath and recorded statements. Such examinations under oath and recorded statements must either be in-person or utilize video and audio technology, or both, as determined by us; h. Permit us to take samples of damaged and undamaged property for inspection, testing, and analysis; and i. Any and all "insureds" must execute all authorizations for the release of information when requested by us.

9. Promptly produce any updates to the documents and information above, including revised descriptions of loss, scope of loss, estimates, or other supporting information: 10. To the degree reasonably possible, prior to materially altering, destroying, trenching, or excavating any part of the property or structure insured, allow us or any person authorized to act on our behalf, the opportunity to inspect the property. The duties above apply regardless of whether a person retains or is assisted by a party who provides legal advice, insurance advice, or expert claim advice, regarding an insurance claim under this Policy.

E. Mediation Or Appraisal

If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing as outlined in SECTION I - CONDITIONS, G. Suit Against Us so that either party may:

1. Demand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services. a. For the purposes of mediation, the term "claim" refers to any dispute between an insurer and a policyholder relating to a material issue of fact. b. The loss amount must be $500 or more, prior to application of the deductible; or there must be a difference of $500 or more between the loss settlement amount we offer and the loss settlement amount that you request. c. The settlement in the course of the mediation is binding only if both parties agree, in writing, on a settlement and, you have not rescinded the settlement within 3 business days after reaching settlement. You may not rescind the settlement after cashing or depositing the settlement check or draft we provided to you. d. We will pay the cost of conducting any mediation conference except when you fail to appear at a conference. That conference will then be rescheduled upon your payment of the mediator's fee for that rescheduled conference. If we fail to appear at a mediation conference, we will pay: (1) Your actual cash expenses you incur in attending the conference; and (2) The mediator's fee for the rescheduled conference.

If however, we demanded the mediation and either party rejects the mediation results, you are not required to submit to, or participate in, any appraisal of the loss as a precondition to action against us for failure to pay the loss.

If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement and intent to file suit in writing as outlined in SECTION I - CONDITIONS, G. Suit Against Us to allow us an opportunity to exercise our right to demand mediation or appraisal. … Please be aware that if you disagree with the coverage decision for your loss, you may not file suit against us without first providing your disagreement and intent to file suit in writing so that we may further investigate your loss. This condition is governed by both your policy and Florida statute 627.[address redacted]ates in relevant part: SECTION I - CONDITIONS … G. Suit Against Us.

No action can be brought against us by you unless there has been full compliance with all of the terms and conditions under SECTION I of this policy and the action is started within 5 years after the date of loss. Prior to filing suit, you must provide the Florida Department of Financial Services with written notice of intent to initiate litigation at least 10 business days before filing suit under the policy, in accordance with s. 627.70152, Florida Statutes. … Further Florida Statute 627.70152(3)(a) states:

As a condition precedent to filing suit under a property insurance policy, a claimant must provide the department with written notice of intent to initiate litigation on a form provided by the department. Such notice must be given at least 10 business days before filing suit under the policy, but may not be given before the insurer has made a determination of coverage under s. 627.70131. Notice to the insurer must be provided by the department to the e-mail address designated by the insurer under S. 624.422. The notice must state with specificity all of the following information:

1. That the notice is provided pursuant to this section.

2. The alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage.

3. If provided by an attorney or other representative, that a copy of the notice was provided to the claimant.

4. If the notice is provided following a denial of coverage, an estimate of damages, if known.

5. If the notice is provided following acts or omissions by the insurer other than denial of coverage, both of the following: a. The presuit settlement demand, which must itemize the damages, attorney's fees, and costs. b. The disputed amount.

These excerpts from your policy are for reference only. By this letter, Olympus does not imply that other policy provisions are not applicable as all of the policy terms and Conditions apply to your claim.

Should you wish to comply with our request(s) and cooperate with us in the investigation of your claim, we will gladly re-open your file for continuation of our investigation as outlined by your policy provisions.

Our denial of your claim does not relieve you of the duty to maintain your property. You should move forward with any repairs necessary to remedy any defects and protect your property from further damage.

Olympus does not intend to waive any of the rights or defenses it now has or may discover in the future under the above-mentioned policy. All such rights, defenses and privileges afforded the insurer under the policy are hereby expressly reserved on its behalf. The service of this notice upon you does not deprive you of any rights you may have against the company. We also reserve the right to assert all other policy provisions.

Should you have any further questions concerning your claim, please let me know."

Seemingly in response to same, on January 2, 2025, the Insureds filed this Civil Remedy Notice and a Notice of Intent to Initiate Litigation. On January 16, 2025, Olympus sent a response to the Notice of Intent to Initiate Litigation stating:

"The following response is provided pursuant to Section 627.70152, Florida Statutes.

Olympus Insurance Company acknowledges receipt of the Property Insurance Notice of Intent to Initiate Litigation (Notice Number: 223380) accepted by the Florida Department of Financial Services on January 2, 2025 (hereafter referred to as "the Notice"). The Notice was submitted on behalf of [name redacted] (hereafter "the Insureds"). Olympus Insurance Company received the Notice on January 2, 2025 and this shall serve as Olympus Insurance Company's response to same.

To begin, the Notice does not comply with the specificity requirements of § 627.70152(3)(a), Fla. Stat.

First, it appears that the Notice does not list all named Insureds on the Policy as it has failed to include Donald [name redacted] . To the extent that the Notice is incomplete and thus deficient, it is invalid and needs to be re-filed to include all applicable parties.

Second, the Notice is provided following a coverage denial. In the coverage decision letter, Olympus advised that:

"Olympus Insurance Company ("Olympus") investigated the claim you reported on August 16, 2024, for damage to the roof and the master bedroom closet ceiling that reportedly occurred on June 07, 2024.

Olympus inspected the insured location with [name redacted] on August 22, 2024. The property features a double-roll concrete tile roof secured with nails, situated on a 5/12 slope, and constructed in 1999. An inspection revealed approximately 33 cracked tiles and 41 tiles with broken corners, with 21 of these tiles previously repaired using caulking. The damage has been attributable to foot traffic, thermal expansion, or installation issues.

Additionally, 25 field tiles and 4 ridge cap tiles have been replaced in the past. The mortar on the ridge caps shows signs of cracking and detachment, a result of natural aging and wear, as well as previous repair attempts. There are 2 loose tiles due to inadequate repairs. A leak was identified in the master closet, attributed to underlayment failure, but no evidence of wind or storm damage was found.

Furthermore, Olympus inspected the insured location with HydroScout on September 12, 2024. HydroScout concluded the following:

• We observed evidence of a prior leak on the roof decking above the master bedroom walk in closet during our inspection of the attic. • We observed evidence of a repair that was made on the roof slope above the master • bedroom. • No evidence of a leak was observed from the HVAC ductwork during our inspection of the attic • The pressure test of the potable water system confirmed there were no active pressurized water leaks at the time of our inspection. • The roofing system of the home consists of cement tiles, which are prone to damage and expensive repairs when subjected to foot traffic. Consequently, in adherence to HydroScout's company policy, the procedure of accessing or walking on the concrete tile roof for additional inspection or testing was not performed. • The location and extent of the damage is consistent with a leak occurring over a period of time.

Also, Olympus had [name redacted] Aldridge participate in a recorded statement with public adjuster [name redacted] on September 24, 2024, regarding a wind damage claim at her [name redacted] FL residence. The damage, identified around August 10, 2024, resulted in a ceiling collapse, necessitating roof repairs. [name redacted] stated that there were no prior losses or repairs to her home and that Bravo Roofing was referred for the repair work. Both [name redacted] provided their consent for the recording of the conversation.

Please be advised that the insurance contract requires compliance with all applicable provisions including without limitation all post-loss duties, such as:

• Immediately give notice of loss. • Provide us with any/all documentation we request. • Protect your property from further damage. • Cooperate with us in the investigation of your claim. • Provide a Sworn Proof of Loss. • Show us the damaged property in loss condition.

As you will note, Olympus was unable to inspect the loss in loss condition as the damaged material was removed from the property as well as the repairs which were facilitated to the roofing system prior to Olympus being given the opportunity to inspect the reported damage. Olympus has not yet to date received documentation including, although, not limited to photos/videos of the damaged property in loss condition to support the reported damages. Additionally, HydroScout indicated that the subject leak is consistent with a leak occurring over a period of time instead of a sudden occurrence.

As a direct result of the damaged material being removed from the subject property as well as the prior repairs observed to the roofing system prior to Olympus' inspection, Olympus was unable to obtain material facts of your loss such as the cause, origin, and duration of the reported damage which has prejudiced our investigation and has hindered our ability to adequately assess the reported damage.

Unfortunately, you did not comply with your post-loss obligations. We have no duty to provide coverage under this policy if you fail to comply with the Duties After Loss. Compliance with you Duties After Loss is material to the investigation and is a condition precedent to recovery under the insurance contract. Your failure to comply with the Duties After Loss constitutes a breach of the insurance contract, when, as here, it prejudiced our investigation into your loss and claim. As a direct result of your contractual breach, Olympus is unable to verify material facts of your loss and has been unable to meaningfully investigate your claim.

Since you did not comply with your Duties After Loss as required by the terms and conditions of the insurance contract issued to you, you are in breach of this contract. Therefore, Olympus must deny coverage for your claim. Our declination of coverage is also applied to any claim from any assignee and/or any other third party contracted by you for services per your policy conditions."

To date, there has been no new documentation provided that would change Olympus' position on this matter.

Third, Section 627.70152(3)(a)(2), Fla. Stat., requires the Notice state with specificity the alleged acts or omissions of the insurer giving rise to the suit. The Notice does not provide any specific facts regarding any alleged act or omission of Olympus Insurance Company and instead includes only notes, "Wrongful denial; water event. Additional specific acts and omissions of the insurer giving rise to the suit are detailed in the attached Civil Remedy Notice, the entirety of which is hereby incorporated into and made part of this Notice."

As such, the Notice also does not provide an estimate of damages or demand and the Notice does not place Olympus on sufficient notice of the specific facts regarding any alleged act or omission that serve as the alleged basis for the Notice.

Fourth, it appears that the only line item included with the Notice is an estimate that has likely been calculated on a replacement cost basis. Replacement cost benefits are not due and owing until and unless the work necessary to repair or replace the covered property is performed and the expenses are incurred. To date, Olympus has not been notified that the work has commenced or been performed or that any expenses to make the necessary repairs have been incurred that would exceed the policy deductible. Accordingly, the claim should be limited to the actual cash value of the direct physical loss to covered property. Because the estimate is incomplete, the Notice does not place Olympus on sufficient notice of the specific damages in dispute.

For these reasons, the Notice is noncompliant with § 627.70152(3)(a), Fla. Stat. The lack of specificity inhibits Olympus Insurance Company's right to promptly investigate, review, and evaluate the "dispute" stated in the Notice. Olympus Insurance Company requests that a proper and statutorily compliant written notice of intent to initiate litigation be submitted before suit is filed under the policy.

Next, without waiving the deficiencies with the Notice, and subject to a complete reservation of rights, Olympus Insurance Company asserts the right to reinspect the damaged property. By asserting the right to reinspect the damaged property, Olympus Insurance Company has fourteen business days after this response to perform the reinspection to accept or continue to deny coverage. As such, it is imperative that you make the property available for reinspection within the next fourteen calendar days for reinspection. Our counsel, [name redacted] Esq. () will contact you to coordinate a mutually convenience date at time for this to take place.

This response is based on Olympus Insurance Company's investigation, review, and evaluation of the claim and the information provided by the Insureds to date. If there is additional information or documentation pertinent to the Insureds' claim that has not previously been submitted, please submit it now for review and evaluation.

Nor shall any conduct of Olympus or its agents, attorneys, or employees be construed as an estoppel, waiver, modification, or surrender of the terms, limitations, exclusions, conditions, or agreements of the insurance policy. As such, Olympus reserves all its rights and defenses under the policy and Florida law, as well as the right to investigate, review, and evaluate any properly stated dispute in the event Olympus receives a statutorily compliant notice of intent or new or additional information.

A copy of this response was sent to the Insureds to the designated email address as listed in the Notice.

If you have any questions or concerns, please feel free to contact Olympus Insurance Company."

The response was provided via email to the Insureds and their Counsel. In a good faith effort to continue adjustment of the claim following the denial and subsequent Civil Remedy Notice and Notice of Intent to Initiate Litigation, on January 27, 2024, Olympus retained PEGroup Engineers, Inc. to inspect the property once more. The inspection took place on January 27, 2025, by [name redacted] P.E.. Thereafter, Greg McLellan, P.E. (the [name redacted] of PE Group) concluded that:

"• The results of our weather research show the wind forces recorded at the local weather stations, reported within vicinity of the property or estimated at the subject property on June 7, 2024, were elevated but were not sufficient to cause uplift wind damage to a well maintained and installed roof system. • We observed no groups of shattered tiles at the subject property or apparent patterns of cascading damage to the tiles on the roof consistent with impact damage from wind-borne debris. • The upset hip tile apparent in the images we reviewed was not consistent with elevated wind pressures and/or impacts from windborne debris given that it remained generally in place rather than being removed from the roof given its detachment from the roof surface as wood be the case with tiles that suffer removal from wind uplift. • We observed tiles displaced downslope a few inches that were the result of improper installation given that they lacked fasteners or due to cracks across the upper section of the tile from footfall. These were not the result of elevated wind pressures and/or impacts from windborne debris. • We observed cracked tiles on the roof surface that were the result of footfall and thermal expansion and contraction and not the result of elevated wind pressures and/or impacts from windborne debris. • The ceiling and wall within the primary bedroom closet had been repaired prior to our inspection and thus we were unable to assess the reported damage to the same. • The discolored roof deck in the attic above the primary bedroom closet was consistent with exposure to moisture from precipitation entering the building through unsealed portions of the roof surface. • The roof was 25 years old on June 7, 2024 and was nearing the end of its useful life and thus was prone to deterioration related leaks."

Before a supplemental coverage letter could be conveyed, the Insureds filed a complaint against Olympus for the alleged breach of the Policy.

2. Nature of the Complainant's Civil Remedy Complaint

In the Civil Remedy Notice, the Complainant alleges Olympus violated:

Section 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.

Section 626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.

Section 626.9541(1)(i)(3)(b) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.

Section 626.9541(1)(i)(3)(d) Denying claims without conducting reasonable investigations based upon available information.

These accusations are unfair given the nature of the facts and damage surrounding this claim. Here, the claim was processed, the Insureds' property was inspected on numerous occasions, multiple requests for information were sent, and Olympus came to a coverage determination to deny coverage due to the Insureds' failure to follow the Policy, which prejudiced Olympus' right to evaluate the claim.

Specifically, first, Olympus asserts that it did act in good faith, fairly, and honestly towards the Insureds by taking all necessary steps to decide coverage all while keeping in constant communication with the Insured.

Second, Olympus asserts that it does have standards for the proper investigation of claims, standards that it used during the evaluation of this claim, including sending a numerous individuals to inspect the property in person in addition to requesting paper documents for Desk Adjusters to evaluate, sending an engineer to the property to further inspect the claim, requesting a sworn proof of loss, and keeping in communication with the Insureds and their representatives throughout the appraisal process.

Third, Olympus asserts that it has made no misrepresentations on any facts or Policy provisions in its adjustment of this claim. In fact, Olympus used language directly from the Policy in its correspondence to the Insureds and their representatives.

Fourth, Olympus asserts that it did conduct a reasonable investigation, using multiple different, unbiased investigators in addition to its own investigators in reaching its decision to deny the claim.

Moreover, the Notice is deficient in the following aspects:

• As mentioned previously, a named Insured, Donald [name redacted] is not a named Complainant, and therefore, the Civil Remedy Notice fails in its inception.

• Section 624.155(3)(b)(3), Florida Statutes, requires that the Civil Remedy Notice state with specificity the name of any individual involved in the violation, however, here, the Complainant merely states "Any and all persons associated with the claims handling from Olympus Insurance Company." Thus, the Purported Notice is invalid for noncompliance with section 624.155(3)(b)(3), Florida Statutes.

• Section 624.155(3)(b)(4), Florida Statutes, requires the Civil Remedy Notice to reference specific policy language that is relevant to the violation, if any. If the person bringing the civil action is a third-party claimant, she or he shall not be required to reference the specific policy language if the authorized insurer has not provided a copy of the policy to the third-party claimant pursuant to written request. The Complainant is not a third-party claimant; therefore, the Purported Notice must include specific language from the subject policy that is relevant to the alleged violations. It does not. Thus, the Purported Notice is invalid for noncompliance with section 624.155(3)(b)(4), Florida Statutes.

Further, the Complainant has failed to ask for a proper cure of their Civil Remedy Notice. Instead, it has asked for the following cure(s):

"[I]mmediately accept[] full coverage under the subject insurance policy for this claim and by pay[] Insured's estimate of damages $145,109.57, and J&S Restoration in the amount of $3,104.86, less applicable deductible, which is the reasonable amount of the covered loss pursuant to the policy."

Olympus responds: (1) This is an improper cure remedy because it is based on an estimate and is not a reflection of actual costs owed by Olympus, if any. (2) This is an improper cure because it fails to state why the Insureds are entitled to coverage following their breach of the Policy. (3) A complete and total amount has not been listed.

Conclusion Olympus asserts that there was no misconduct in the adjustment of the Insureds' claim. As can be seen from the above, Olympus has credible evidence to support its belief that the claim was properly adjusted. The claim was processed, the Insureds' property was inspected multiple times, letters requesting documentation and information were sent, and Olympus reasonably came to a decision to deny the claim after proper adjustment. Olympus has spent considerable time and resources in the investigation of this matter and believes that its efforts were made in good faith and based on the information available at the time of the claim.

In turn, this Civil Remedy Notice unfairly characterizes the facts of the Insureds' claim and unfairly paints Olympus in a negative light. Moreover, the lack of documentation provided by the Insureds/Complainant and their counsel during the pendency of this cure period, as well as the lack of specificity within the Civil Remedy Notice, has not given Olympus the ability to conclude its adjustment or "cure" the allegations contained herein above and beyond the payment of coverage already paid.

Sincerely, [name redacted] Esq. On Behalf of Olympus Insurance Company

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.