A Civil Remedy Notice is a formal complaint filed against an insurance company with Florida's Department of Financial Services. Filing one is the step Florida law requires before a policyholder can sue an insurer for bad faith. It is a public record, and the insurer gets 60 days to fix the problem before that right opens up.
So this is the policyholder's side of a dispute, written by their side, and it is an allegation rather than a finding. The insurer answered it, and its answer is published below alongside the complaint. Read both. Names, addresses, and policy and claim numbers have been removed here; everything else is quoted from the filing.
| Who the filing is against | PEOPLE'S TRUST INSURANCE COMPANY (NAIC #13125) |
|---|---|
| Who filed it | The policyholder |
| Attorney of record | Clayton Kuhn |
| Where the property is | Orlando, Florida |
| When it was accepted by the state | November 18, 2024 |
| When the 60-day cure window closed | January 17, 2025 |
| Why, in the state’s own categories | Unsatisfactory Settlement Offer, Unfair Trade Practice |
| Type of insurance | Residential Property & Casualty |
| Policy language at issue | THE POLICY LANGUAGE RELEVANT TO THE VIOLATIONS INCLUDES ALL APPLICABLE LOSS PAYMENT AND COVERAGE PROVISIONS OF POLICY no. [redacted] INCLUDING THE DECLARATIONS PAGE AND ALL ENDORSEMENTS TO THE POLICY, WITH RESPECT TO COVERAGES A, B, C, AND D. ADDITIONALLY, ANY SECTIONS RELIED UPON BY THE INSURER IN ITS DENIAL TO FULLY PAY THE CLAIM, INCLUDING THE DUTIES IN THE EVENT OF LOSS PROVISIONS AND THE POLICY'S EXCLUSION OF COVERAGE PROVISIONS. |
| Did the insurer respond | Yes, on December 26, 2024 |
[name redacted] (hereinafter "Insureds") are homeowners insured with an all-risks policy issued by People's Trust Insurance Company (hereinafter "Carrier"). On or about September 28, 2022, Insureds' home located at [address redacted], Orlando, Florida sustained significant damage as a result of a windstorm event. Specifically, Hurricane Ian created multiple openings to the roof of Insureds' property. This resulted in interior water damage to various areas of the interior of Insureds' property including but not limited to, the master bedroom, closet, and living room. The Loss is covered under Insureds' policy issued by Carrier. The Insureds mitigated damages by contacting Loss Restorations LLC who performed mitigation services and placed a tarp on the roof of the subject property. All of the relevant documents were provided to Carrier. Insureds promptly reported the claim and fully cooperated with all requests for inspections. Carrier assigned Claim no. [redacted] to the loss. The Insureds have fully cooperated with Carrier's investigation of the claim, including providing all requested documentation and complying with all post-loss policy conditions. Specifically, the Insureds, with assistance from their public adjuster, submitted an estimate for $40,714.93, which was a fair and reasonable assessment for the repair/replacement of damages. Loss Restorations LLC has an outstanding balance in the amount of $9,098.53 for their mitigation services and tarp placement. After reporting the claim, Carrier retained an unqualified and biased field adjuster, [name redacted] to adjust the loss . This adjuster had a financial incentive to adjust the loss in a manner that would minimize Carrier's losses. This adjuster performed a mere cursory inspection of the property on October 3, 2024. Instead of adjusting the claim fairly, honestly, in good faith, and with due regard for the Insureds' interests, this adjuster made a conscious effort to ignore evidence of covered losses to the property. Worse still, Carrier failed to retain qualified experts necessary to identify the repairs necessary to restore the property to its pre-loss condition. Despite Insureds providing Carrier with a detailed estimate, Carrier failed to pay Insureds the amount necessary to repair/replace the damaged property, less the applicable deductible. Instead, Carrier gave Insureds a lowball estimate that failed to encompass all covered damages. The carrier only offered to pay $0.00, after applicable deductible of $5,115.00, a gross underpayment for all the damage associated with this claim. This has become a common business practice for Carrier. Under the circumstances surrounding this claim, had Carrier acted fairly and honestly toward the Insureds and with due regard for the Insureds' interests, Carrier could and should have attempted in good faith to settle this claim. Carrier did not and, instead, dishonestly, and unfairly placed its own interests well ahead of those of the Insureds. In doing so, Carrier violated Section 624.155(1)(b)(1), Florida Statutes. Carrier's use of unqualified and biased adjusters, and failure to retain experts necessary to identify the repairs necessary to restore the property to its pre-loss condition, evidence Carrier's failure to adopt and implement standards for the proper investigation of claims in violation of Section 626.9541(1)(i)(3)(a), Florida Statutes. Carrier's use of unqualified and biased adjusters, and failure to retain experts necessary to identify the repairs necessary to restore the property to its pre-loss condition, evidence Carrier's failure to conduct a reasonable investigation based upon available information. In denying full coverage for this claim without conducting reasonable investigations based upon available information, Carrier has violated Section 626.9541(1)(i)(3)(d), Florida Statutes. By representing to Insureds that the Policy does not afford full coverage for this loss, Carrier is misrepresenting pertinent facts and/or insurance policy provisions relating to coverages at issue, in violation of Section 626.9541(1)(i)(3)(b), Florida Statutes. When applying the facts present here to Florida law, it is clear that Carrier is acting in bad faith. Florida Statute § 624.02 defines insurance as a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit based on determinable contingencies. Inherent is the fact that payment must be made timely and promptly so that insureds may mitigate their damages and be put back into the position they were in prior to the loss as quickly as possible. Carrier has breached this duty by refusing to properly and timely adjust the loss. Moreover, Section 69B-220.201 of the Florida Administrative Code defines Carrier's adjusters conduct here as an unfair claims settlement practice. Specifically, Section 69B-220.201(3) provides that "[a]n adjuster shall not approach investigations, adjustments, and settlements in a manner prejudicial to the insured" and that "[a]n adjuster shall make truthful and unbiased reports of the facts after making a complete investigation." As detailed above, Carrier's investigation and adjustment of this claim was done in a manner prejudicial to Insureds, was incomplete, and lacked truthful and unbiased reports of the facts. Carrier has more than enough information and is still refusing to accept coverage for the Insureds' claim. This continued and repeated reckless claim delay and denial of coverage will result in a significant punitive damage award if a bad faith lawsuit is filed. Carrier can cure the defects outlined in this Civil Remedy Notice and avoid a lawsuit for bad faith by immediately accepting full coverage under the subject insurance policy for this claim and by paying Insured's estimate of $40,714.93, and Loss Restorations LLC in the amount of $9,098.53, less applicable deductible and prior payments, which is the reasonable amount of the covered loss pursuant to the policy. A copy of this form has been submitted to the Florida Department of Financial Services who has transmitted the same to the following parties providing them notice of the filing of this Civil Remedy Notice: People's Trust Insurance Company.
These are the statutes named on the form. The wording under each is the statute's own, as the state prints it on the notice.
| 624.155(1)(b)(1) | Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests. |
|---|---|
| 626.9541(1)(i)(3)(a) | Failing to adopt and implement standards for the proper investigation of claims. |
| 626.9541(1)(i)(3)(b) | Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. |
| 626.9541(1)(i)(3)(d) | Denying claims without conducting reasonable investigations based upon available information. |
Filed with the state on December 26, 2024. This is the insurer's own written response to the complaint above, quoted from the same public record.
Florida DFS Civil Remedy Notice, filing number 793021. Read the filing on the state's site ↗
A Civil Remedy Notice records an allegation, not a finding. Nothing here has been decided by a court or by the Department. Not legal advice; consult an attorney about your specific claim.
Storm-created openings are the magic words of hurricane water coverage: once wind breaches the envelope, the rain that follows is covered, and most exclusion arguments fall away. This Orlando filing alleges exactly that fact pattern, multiple Ian-created roof openings, answered not with a denial but with an estimate that failed to encompass the covered damage.
The underpayment-after-openings pattern is worth its own entry because it shows the fight moving one level down. When the opening is undeniable, the letter concedes coverage and shrinks the scope: fewer squares of roof, less interior tear-out, no code upgrades. The counter is the same independent full-scope estimate that answers every scoping letter, plus moisture mapping for the interior, because water that entered through a hole in the roof did not politely stop at the ceiling line. People’s Trust now appears three times in this library, across three different arguments.
Fla. DFS Civil Remedy Notice, Filing No. 793021 (Pujols v. People's Trust), Orlando, FL · public record ↗
Quotes are verbatim from the cited public record. Case status and statute summaries drafted August 2026; verify against the current docket and statute. Not legal advice; consult an attorney about your specific claim.
Upload it. You'll get a straight answer on which argument the carrier is running, how the same argument has fared on the record, and what the strongest next move is.
The library grows one letter at a time. Letters shared with permission are published redacted, with the policyholder's details removed.
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