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 | UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY (NAIC #10861) |
|---|---|
| Who filed it | The policyholder |
| Attorney of record | Nicholas Congero |
| Where the property is | Ormond Beach, Florida |
| When it was accepted by the state | April 3, 2023 |
| When the 60-day cure window closed | June 2, 2023 |
| Why, in the state’s own categories | Claim Denial |
| Type of insurance | Residential Property & Casualty |
| Policy language at issue | COVERAGE A - DWELLING 1. We cover: a. The alterations, appliances, fixtures and improvements which are part of the building contained within the "residence premises"; b. Items of real property which pertain exclusively to the "residence premises"; c. Property which is your insurance responsibility under a corporation or association of property owners agreement; or d. Structures owned solely by you, other than the "residence premises", at the location of the "residence premises". |
| Did the insurer respond | Yes, on May 23, 2023 |
[name redacted] (the "Insureds") own the property at [address redacted], Ormond Beach, FL (the "Property"). The Property was significantly damaged when Hurricane Ian pummeled Florida on September 28-29, 2022. The Property was insured by Universal Property & Casualty Insurance Company ("UPCIC") under Policy no. [redacted] (the "Policy") at the time of loss. The Insureds duly reported the loss to UPCIC following the hurricane and UPCIC inspected the Property. UPCIC denied the claim and took the position that the damage at the Property fell under the Policy exclusions for Fungi, Wet or Dry Rot, or Bacteria, and Assignees or [name redacted] . Despite the significant damage to the Property, UPCIC has refused to issue any payment owed under the Policy. The Insureds retained contractors, United Water Restoration, [name redacted] Repairs, and [name redacted] to perform necessary repairs to the Property. In total, the Insured spent $8,925.15 to complete the extensive repairs to the Property. Additionally, the Insured incurred $5,541.50 in related maintenance and travel expenses during the repairs. The failure of UPCIC to accept coverage for the damage to the Property despite substantial damage to the interior and the roof and shingles constitutes a bad faith effort to avoid full payment for the covered losses. On information and belief, UPCIC has engaged in the following behaviors with such frequency that the conduct is a pattern and practice of UPCIC: delay, improper adjustment of claims, under-valuation of claims, failure to communicate with insureds, and failure to tender undisputed amounts due in a timely manner. This Notice is sent to perfect the Insured's rights under Florida Statute section 624155. In order to cure the defects identified in this Civil Remedy Notice of Insurer Violation, UPCIC must tender the full amount to repair the Property pursuant to the contractor invoices submitted by the Insured - or explain why some or part of the damage is not covered; and must tender the full amount due for the loss of use.
These are the statutes named on the form. The wording under each is the statute's own, as the state prints it on the notice.
| 624.155(1)(b)(1) | Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests. |
|---|---|
| 624.155(1)(b)(3) | Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage. |
| 626.9541(1)(i)(3)(a) | Failing to adopt and implement standards for the proper investigation of claims. |
| 626.9541(1)(i)(3)(b) | Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. |
| 626.9541(1)(i)(3)(d) | Denying claims without conducting reasonable investigations based upon available information. |
| 626.9541(1)(i)(3)(f) | Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement. |
Filed with the state on May 23, 2023. 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 686362. 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.
An Ormond Beach homeowner’s Hurricane Ian water claim, denied under the fungi and rot exclusion. The move: storm water enters during a hurricane, remediation lags, mold appears, and the carrier reclassifies the whole loss under the mold exclusion instead of the wind event that let the water in.
The pre-suit Civil Remedy Notice filed with the Florida DFS lays out the sequence and quotes the policy language the carrier relied on, and Universal’s formal response letter is attached to the same public filing. Ensuing mold from a covered wind opening is a causation fight, not a closed door: the covered peril came first.
Fla. DFS Civil Remedy Notice, Filing No. 686362 (Kennedy v. Universal Property & Casualty), Ormond Beach, 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.
Got a letter like this one?
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.
HURRICANELAW.PRO A comprehensive property-insurance claim resource for policyholders: denied and underpaid claims, coverage and bad-faith law, storm dossiers, carrier profiles, city guides, and the complete claims playbook. Florida and South Carolina.
▸ SEE THE FULL SITE MAP →Coverage summaries, policy-language quotations, dollar figures, deadlines, and chart examples throughout this site are general information based on typical or standard policy forms and are illustrative only: they are not a quote, a guarantee of coverage, or a promise of any outcome. Every insurance policy is different: your own policy, endorsements, and state law control, so read your policy and confirm current statutes. Weather imagery courtesy of NOAA, the National Hurricane Center, and the National Weather Service. Legal services are provided by Halversen Law. Nothing on this site is legal advice; consult an attorney about your specific claim.
Legal matters are handled by Halversen Law, a law firm licensed in Florida and South Carolina.