Preview
Filing # 99781984 E-Filed 12/04/2019 01:27:04 PM
IN THE CIRCUIT COURT, 14TH
JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA
CASENO.: 19004405CA
PATSY J. ODOM,
Plaintiff,
v.
TOWER HILL SIGNATURE INSURANCE
COMPANY, a Florida insurance corporation,
Defendant.
COMPLAINT
The Plaintiff, PATS Y J. ODOM, by and through her undersigned attorneys, sues Defendant,
TOWER HILL SIGNATURE INSURANCE COMPANY, a Florida insurance corporation, and says:
GENERAL ALLEGATIONS
1. This is an action arising out of a dispute over an insurance contract, with the amount
in controversy in excess of $15,000.00, exclusive of interest, costs, and attorneys’ fees.
2. Atall times material hereto, Plaintiff was and is the owner of residential real property
located at 7601 Kingswood Road, Southport, Bay County, Florida.
3. Atall times material hereto, Defendant was a Florida insurance corporation organized
and existing under the laws of the State of Florida and authorized to engage in and was engaged in
the insurance business in Florida, including Bay County.
4. Prior to October 10, 2018, Defendant issued to Plaintiff a policy of homeowners
insurance insuring her home identified above, policy number PIH0384517. Plaintiff does not have
acopy of that policy in her possession, and although a request to Defendant for a copy of the policy
was made on behalf of Plaintiff by letter dated September 5, 2019 and by letter of October 14, 2019,Defendant has refused to provide Plaintiff with a copy of the policy. Defendant has the policy in its
possession. Plaintiff has requested a copy of the policy in discovery served with this Complaint.
5. On or about October 10, 2018, while the subject policy of insurance was in full force
and effect, the Plaintiff's home and contents therein were damaged by the storm forces of Hurricane
Michael, a covered cause of loss under the subject policy of insurance.
6. Following the loss, Plaintiff promptly notified Defendant of the loss and damage and
otherwise cooperated with Defendant in its investigation and adjustment of the loss.
7. Defendant thereafter inspected the loss and determined the loss was covered under
the policy and so notified the Plaintiff by letter to her dated November 14, 2018. A copy of that
letter is attached hereto as Exhibit “A”. In that letter, Defendant provided Plaintiff its estimate of
the damage which reflected the cost to repair Plaintiff's home was $37,808.80, from which
Defendant subtracted what Defendant determined to be “recoverable depreciation” in the amount of
$10,685.30, leaving a net ACV payable to the Plaintiff in the amount of $25,430.66.
8. By that correspondence, Defendant also determined the cost to repair Plaintiff's
detached structure under Coverage B of the policy was $3,644.61. From that number Defendant
subtracted $1,745.25 in “recoverable depreciation”, making anet ACV payable amount of $1,899.36.
9, Thereafter, by letter to the Plaintiff dated January 29, 2019, Defendant revised its
determination as to the amount of Plaintiff's covered loss, and determined the total damage to her
home was $55,208.12. From that number Defendant subtracted $22,227.90 in “recoverable
depreciation”, leaving a net amount payable under Coverage A of $28,355.22, subject to prior
payments.
10. With that correspondence, Defendant also recalculated the loss under Coverage B,
and determined the repair costs for that structure were $5,729.58, from which Defendant subtracted
“recoverable depreciation” of $3,791.76, leaving a net payment to the insured under that coverage
of $1,937.82, also subject to prior payments.
COUNT I (Breach of Contract
ll. The allegations contained in paragraphs 1 through 10 above are restated as if each
were set forth herein verbatim.
Page -2-12. This is an action for breach of an insurance contract.
13. Plaintiff's insured damages far exceed the amounts paid by Defendant to Plaintiff.
14. By paying only the amounts outlined above, Defendant has breached the insurance
contract with Plaintiffin that it has failed to pay Plaintiff that which she is owed under the terms of
her policy. Defendant has withheld excessive amounts for depreciation and has grossly
underestimated the cost to repair Plaintiff's damages. Defendant has also failed to pay Plaintiff in
full for her contents loss.
15. Plaintiff has been damaged by Defendant’s breach in that she has not received
insurance benefits to which she is entitled, including benefits for her home and contents.
16. Plaintiff has hired and retained the undersigned attorneys to represent her in
connection with this action and has agreed to pay a reasonable fee for their services. Pursuant to
Florida Statute §627.428, Plaintiff is entitled to an award of a reasonable attorney fee in the event
she prevails in this action.
WHEREFORE, Plaintiff demands judgment for damages against Defendant, together with
interest, costs, and attorneys’ fees, and DEMANDS TRIAL BY JURY.
COUNT Il Weclaratory Relief)
17. The allegations contained in paragraphs 1 through 10 above are restated as if each
were set forth herein verbatim.
18. This is an action for declaratory relief brought pursuant to Chapter 86, Florida
Statutes.
19. The subject policy of insurance is a homeowners policy as that term is used in Florida
Statute §627.7011.
20. Pursuant to Florida Statute §627.7011, and to the best of Plaintiff's knowledge and
belief pursuant to her policy with Defendant, Defendant is entitled to withhold a reasonable amount
of recoverable depreciation from claims payments made on structure losses insured under
homeowners insurance policies.
Page -3-21. Pursuant to Florida Statute §627.7011, and, on Plaintiff's information and belief,
pursuant to the terms of the subject policy of insurance, the depreciation which has been withheld
may be recovered by Plaintiff pursuant to the policy and statute.
22. Florida Statute §627.701 1(3)(a) provides:
“For a dwelling, the insurer must initially pay at least the actual cash
value of the insured loss, less any applicable deductible. The insurer
shall pay any remaining amounts necessary to perform such repairs
as work is performed and expenses are incurred.”
23. Uponinformation and belief, Plaintiff alleges her contract with Defendant has similar,
if not identical, language.
24. In connection with the subject claim, Defendant has ignored both its policy of
insurance and Florida law when outlining to Plaintiff how she might recover that depreciation.
25, Specifically, in its letter to Plaintiff of November 14, 2018, attached as Exhibit A,
Defendant stated as follows:
“Because your claim is paid at actual cash value (ACV), you may make a claim for
up to $12,430.55, (the amount of recoverable depreciation) within 180 days,
providing us with receipts, photos, estimates, and/or other documentation supporting
that repairs have been completed and costs incurred, as well as the possibility of a re-
inspection to verify repairs.”
26. By its letter to Plaintiff of January 29, 2019, marked as Exhibit B, Defendant
substantively made the same statement to Plaintiff as follows:
“Recoverable Depreciation
«
Your claim is paid at actual cash value (ACV), which is the valuation of your
property less any depreciation. You may make a claim for the recoverable
depreciation, up to $22,227.90, within 180 days by providing us with receipts,
photos, estimates, and/or any other documentation supporting that repairs have been
completed and costs incurred, as well as the possibility of a reinspection to verify
repairs.”
27. The procedure outlined by Defendant in the correspondence attached as Exhibit A
and Exhibit B materially differs from and is significantly financially more burdensome than the
procedure outlined in Florida Statute §627.701 L, and, Plaintiffalleges, as outlined under the subject
policy of insurance. Neither the policy nor the statute impose a 180 day deadline and neither requires
that all repairs be completed prior to the recovery of withheld depreciation.
Page -4-28. Plaintiff has doubts as to the parties’ rights and responsibilities under the terms of the
policy as it relates to how Plaintiff is entitled to recover depreciation, and whether she is obligated
to do so within a specific period of time.
29. Plaintiff is in need of a declaration by this Court as to the proper protocol and
procedure to be followed by Plaintiff for the recovery of withheld depreciation.
30. Plaintiff has no adequate remedy at law.
31. Plaintiff was required to retain the services of the undersigned attorneys in order to
bring this action and has agreed to pay a reasonable fee for those services. Pursuant to Florida
Statute §627.428, in the event Plaintiff prevails she is entitled to recover the reasonable fees from
Defendant.
WHEREFORE, Plaintiff requests the Court to take jurisdiction of this matter and issue an
order and judgment as follows:
1. Determine and declare that Florida Statute §627.7011 and the subject policy of
insurance provide the appropriate and controlling protocol for recovery of withheld depreciation;
2. Determining that Defendant’s procedure as outlined in its letters of November 14,
2018 and January 29, 2019 is inconsistent with, contrary to, and violative of the subject policy of
insurance and further ordering Defendant to refrain from imposing an extra-contractual and illegal
protocol and obligation for the recovery of withheld depreciation;
3. Awarding Plaintiff her reasonable attorneys fees and costs; and
4, Any and such further relief as the Court deems reasonable and necessary.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands trial by jury on all issues so triable.
Page -5-TYLER & HAMILTON, P.A.
{s/Clark Hamilton, Jr.
CLARK HAMILTON, JR.
Florida Bar No.: 311731
Midtown Centre, Building 4000
4811 Beach Boulevard, Suite 200
Jacksonville, Florida 32207
(904) 398-9999 Telephone
(904) 398-0806 Facsimile
courtdocs@floridainsurancelawyers.com
tandhpa@bellsouth.net
and
MANUEL & THOMPSON, P.A.
Jay Manuel, Esq.
Florida Bar No.: 651052
120 Richard Jackson Boulevard, Suite 200
Panama City, FL 325407
(850) 785-5555 Telephone
(850) 785-0133 Facsimile
jay@manuelthompson.com
velinda@manuelthompson.com
tim@manuelthompson.com
Attomeys for Plaintiff, PATSY J. ODOM
Page -6-00200900000 15009668_0 140444 MLDP.
November 14, 2018
PATSY J ODOM
7601 KINGSWOOD RD
SOUTHPORT, FL 32409
RE: Company: Tower Hill Signature Insurance Company
Insured: PATSY J ODOM.
Claim Number: 3300294952
Policy Number: PIHO384517
Date of Loss: 10/08/2018
Dear PATSY J ODOM:
Below is the estimated payment for damages from your Windstorm claim based on our current
information, You should be receiving your check in the amount of $29,842.86 in 5-7 days. The
amount of your claim settlement is computed as follows:
Dwelling / Structure $ 37,808.80
"Other" Structure(s) $ 3,644.61
Personal Effects (Contents) $
Gross Loss $
s Reipisiable Depreviadan 8
‘Actual Cash Value $
| NETAMOUN'
Please do not hesitate to contact myself or our office should you have questions regarding the
amounts listed above.
Because your claim is paid at actual cash value (ACV), you may make a claim for up to
$12,430.55, (the amount of recoverable depreciation) within 180 days, by providing us with
receipts, photos, estimates, and/or any other documentation supporting that repairs have been
completed and costs incurred as well as the possibility of a re-inspection to verify repairs,
We also want to bring to your attention that the amount of $29,842.86 does not necessarily
constitute a full and final settlement of your claim for damages associated with your claimed
loss. You may submit supplemental claims for any damages discovered in the covered
POBox 142230 @ Gainesville, FL 32614 @ Telephone (800) 342-3407 @ Fax (352) 332-7999
cnn ane
EXHIBIT Areconstruction and repair of the above mentioned property.
As mentioned above, if you believe you may have any supplemental damage, please contact me
to discuss the matter or send in any information that would help substantiate the claimed
damages. We encourage you to have any estimates we supplied you as well as those prepared by
other vendors available during our discussion to help pinpoint any area(s) of concern.
Our records currently indicate you have a mortgage on the home insured through our company.
Your policy contains contractual language to ensure your mortgagee’s financial interests are
protected when payment is issued for damages from a covered peril to your home or other
structures. We include the name of your mortgage company and/or companies when the amount
exceeds $1,500.00. Please contact your mortgage company to inquire on how to proceed to have
them endorse the check.
We appreciate the trust you placed in Tower Hill Signature Insurance Company and thank you
for allowing us to serve you in your time of need. If you should have any questions, feel free to
contact me at 888-563-4691 extension 154.
Sincerely,
Shaquille Cherry
Claims Representative
claims@thig.com
Enclosures:
cc:
2of 2aS
00200900000 16009725_0 623562 MLDP
January 29, 2019
PATSY J ODOM
7601 KINGSWOOD RD
SOUTHPORT, FL 32409
RE: Company: Tower Hill Signature Insurance Company
Insured: PATSY J ODOM
Claim Number: 3300294952
Policy Number: PIH0384517
Date of Loss: 40/08/2018
Dear PATSY J ODOM:
Below we have included a summary of your claim settlement. Please be aware that the
amount outlined below does not necessarily constitute a full and final settlement of your
claim for damages associated with your claimed loss. We will continue to work with you
fo ensure you have appropriate funds to complete your repairs. If you need advice,
assistance finding a contractor, or have another estimate we should review, please call
me at 888-563-4691 extension 154 or Tower Hill Customer Service at (800) 342-3407
for assistance.
Below is the estimated payment for damages from your Windstorm claim based on our
current information. You should be receiving your check in the amount of $5,275.38 in
5-7 days. The amount of your claim settlement is calculated as follows:
Dwelling / Structure $ 55,208.12
"Other" Structure(s) $ 5,729.58
Ordinance or Law $ 463.02
$ .
61,400.72
PO Box 142230 © Gainesville, FL 32614 @ Telephone (800) 342-2407 @ Fax (352) 332-7999
(CPL 0.9, OP 163 180 WDEP NUEN WOSt 1118
EXHIBIT BRecoverable Depreciation
Your claim is paid at actual cash value (ACV), which is the valuation of your property
less any depreciation. You may make a claim for the recoverable depreciation, up to
$22,227.90, within 180 days by providing us with receipts, photos, estimates, and/or any
other documentation supporting that repairs have been completed and costs incurred,
as well as the possibility of a re-inspection to verify repairs.
Please do not hesitate to contact myself or our office should you have questions
regarding the amounts listed above.
Supplemental Payments/Damages
As stated earlier, the amount of $5,275.38 does not necessarily constitute a full and
final settlement of your claim for damages associated with your claimed loss. You may
submit supplemental claims for any damages discovered in the covered reconstruction
and repair of the insured property.
If you believe you may have any supplemental damage, please contact me to discuss
the matter or send in any information that would help substantiate the claimed
damages. We encourage you to have any estimates we supplied to you as well as
those prepared by other vendors available during our discussion to help pinpoint any
area(s)of concem.
Ordinance or Law
Please be aware that your policy entitles you to further coverage for work that may be
required due to ordinance or law on a limited basis as incurred. Based on the estimate
provided, you may claim up to $0.00. In order to claim the additional amount(s), please
provide us with the following information for review:
4, Final invoice from your contractor showing the total cost, work completed, and
type of material installed.
2. A copy of the building permit, or like, pulled for your local building enforcement
agency that shows the permit number clearly.
Submitting information
Unless otherwise instructed, you may provide documentation via your Customer Portal,
email, fax, or mail. Below are instructions to assist you when submitting information to
Tower Hill.
Customer Portal: You can upload files to your Customer Portal account using
your personal computer or mobile device at THIG.com/Portal.
*Email: To submit information via email, please send it to claims@thig.com and
make sure to include your claim number, 3300294952, in the subject line
of your email.
2of 3Ex
06300900000 16009725_0 623562 MLDP
*Email attachments are limited to 25 MB.
Fax: (352) 332-7999: As with email, please make sure to include your claim
number, 3300294952, on the cover sheet.
Mail: When mailing us information, please include your claim number,
3300294952, on your documentation.
Our mailing address is: Tower Hill Claims
P.O. Box 142230
Gainesville, FL 32614
We appreciate the trust you have placed in Tower Hill Signature Insurance Company
and thank you for allowing us to serve you in your time of need. if you should have any
questions, feel free to contact me at 888-563-4691 extension 154.
Sincerely,
Shaquille Cherry
Claims Representative
claims@thig.com
Enclosures:
cc:
Pursuant to Fla, Statute 817.234, we are required to provide the following statement:
“Any person who knowingly and with intent to injure, defraud, or deceive any insurer
files a statement of claim or an application containing any false, incomplete, or
misleading information is guilty of a felony of the third degree.”
3o0f 3
Preview
Filing # 99781984 E-Filed 12/04/2019 01:27:04 PM IN THE CIRCUIT COURT, 14TH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA CASENO.: 19004405CA PATSY J. ODOM, Plaintiff, v. TOWER HILL SIGNATURE INSURANCE COMPANY, a Florida insurance corporation, Defendant. COMPLAINT The Plaintiff, PATS Y J. ODOM, by and through her undersigned attorneys, sues Defendant, TOWER HILL SIGNATURE INSURANCE COMPANY, a Florida insurance corporation, and says: GENERAL ALLEGATIONS 1. This is an action arising out of a dispute over an insurance contract, with the amount in controversy in excess of $15,000.00, exclusive of interest, costs, and attorneys’ fees. 2. Atall times material hereto, Plaintiff was and is the owner of residential real property located at 7601 Kingswood Road, Southport, Bay County, Florida. 3. Atall times material hereto, Defendant was a Florida insurance corporation organized and existing under the laws of the State of Florida and authorized to engage in and was engaged in the insurance business in Florida, including Bay County. 4. Prior to October 10, 2018, Defendant issued to Plaintiff a policy of homeowners insurance insuring her home identified above, policy number PIH0384517. Plaintiff does not have acopy of that policy in her possession, and although a request to Defendant for a copy of the policy was made on behalf of Plaintiff by letter dated September 5, 2019 and by letter of October 14, 2019,Defendant has refused to provide Plaintiff with a copy of the policy. Defendant has the policy in its possession. Plaintiff has requested a copy of the policy in discovery served with this Complaint. 5. On or about October 10, 2018, while the subject policy of insurance was in full force and effect, the Plaintiff's home and contents therein were damaged by the storm forces of Hurricane Michael, a covered cause of loss under the subject policy of insurance. 6. Following the loss, Plaintiff promptly notified Defendant of the loss and damage and otherwise cooperated with Defendant in its investigation and adjustment of the loss. 7. Defendant thereafter inspected the loss and determined the loss was covered under the policy and so notified the Plaintiff by letter to her dated November 14, 2018. A copy of that letter is attached hereto as Exhibit “A”. In that letter, Defendant provided Plaintiff its estimate of the damage which reflected the cost to repair Plaintiff's home was $37,808.80, from which Defendant subtracted what Defendant determined to be “recoverable depreciation” in the amount of $10,685.30, leaving a net ACV payable to the Plaintiff in the amount of $25,430.66. 8. By that correspondence, Defendant also determined the cost to repair Plaintiff's detached structure under Coverage B of the policy was $3,644.61. From that number Defendant subtracted $1,745.25 in “recoverable depreciation”, making anet ACV payable amount of $1,899.36. 9, Thereafter, by letter to the Plaintiff dated January 29, 2019, Defendant revised its determination as to the amount of Plaintiff's covered loss, and determined the total damage to her home was $55,208.12. From that number Defendant subtracted $22,227.90 in “recoverable depreciation”, leaving a net amount payable under Coverage A of $28,355.22, subject to prior payments. 10. With that correspondence, Defendant also recalculated the loss under Coverage B, and determined the repair costs for that structure were $5,729.58, from which Defendant subtracted “recoverable depreciation” of $3,791.76, leaving a net payment to the insured under that coverage of $1,937.82, also subject to prior payments. COUNT I (Breach of Contract ll. The allegations contained in paragraphs 1 through 10 above are restated as if each were set forth herein verbatim. Page -2-12. This is an action for breach of an insurance contract. 13. Plaintiff's insured damages far exceed the amounts paid by Defendant to Plaintiff. 14. By paying only the amounts outlined above, Defendant has breached the insurance contract with Plaintiffin that it has failed to pay Plaintiff that which she is owed under the terms of her policy. Defendant has withheld excessive amounts for depreciation and has grossly underestimated the cost to repair Plaintiff's damages. Defendant has also failed to pay Plaintiff in full for her contents loss. 15. Plaintiff has been damaged by Defendant’s breach in that she has not received insurance benefits to which she is entitled, including benefits for her home and contents. 16. Plaintiff has hired and retained the undersigned attorneys to represent her in connection with this action and has agreed to pay a reasonable fee for their services. Pursuant to Florida Statute §627.428, Plaintiff is entitled to an award of a reasonable attorney fee in the event she prevails in this action. WHEREFORE, Plaintiff demands judgment for damages against Defendant, together with interest, costs, and attorneys’ fees, and DEMANDS TRIAL BY JURY. COUNT Il Weclaratory Relief) 17. The allegations contained in paragraphs 1 through 10 above are restated as if each were set forth herein verbatim. 18. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes. 19. The subject policy of insurance is a homeowners policy as that term is used in Florida Statute §627.7011. 20. Pursuant to Florida Statute §627.7011, and to the best of Plaintiff's knowledge and belief pursuant to her policy with Defendant, Defendant is entitled to withhold a reasonable amount of recoverable depreciation from claims payments made on structure losses insured under homeowners insurance policies. Page -3-21. Pursuant to Florida Statute §627.7011, and, on Plaintiff's information and belief, pursuant to the terms of the subject policy of insurance, the depreciation which has been withheld may be recovered by Plaintiff pursuant to the policy and statute. 22. Florida Statute §627.701 1(3)(a) provides: “For a dwelling, the insurer must initially pay at least the actual cash value of the insured loss, less any applicable deductible. The insurer shall pay any remaining amounts necessary to perform such repairs as work is performed and expenses are incurred.” 23. Uponinformation and belief, Plaintiff alleges her contract with Defendant has similar, if not identical, language. 24. In connection with the subject claim, Defendant has ignored both its policy of insurance and Florida law when outlining to Plaintiff how she might recover that depreciation. 25, Specifically, in its letter to Plaintiff of November 14, 2018, attached as Exhibit A, Defendant stated as follows: “Because your claim is paid at actual cash value (ACV), you may make a claim for up to $12,430.55, (the amount of recoverable depreciation) within 180 days, providing us with receipts, photos, estimates, and/or other documentation supporting that repairs have been completed and costs incurred, as well as the possibility of a re- inspection to verify repairs.” 26. By its letter to Plaintiff of January 29, 2019, marked as Exhibit B, Defendant substantively made the same statement to Plaintiff as follows: “Recoverable Depreciation « Your claim is paid at actual cash value (ACV), which is the valuation of your property less any depreciation. You may make a claim for the recoverable depreciation, up to $22,227.90, within 180 days by providing us with receipts, photos, estimates, and/or any other documentation supporting that repairs have been completed and costs incurred, as well as the possibility of a reinspection to verify repairs.” 27. The procedure outlined by Defendant in the correspondence attached as Exhibit A and Exhibit B materially differs from and is significantly financially more burdensome than the procedure outlined in Florida Statute §627.701 L, and, Plaintiffalleges, as outlined under the subject policy of insurance. Neither the policy nor the statute impose a 180 day deadline and neither requires that all repairs be completed prior to the recovery of withheld depreciation. Page -4-28. Plaintiff has doubts as to the parties’ rights and responsibilities under the terms of the policy as it relates to how Plaintiff is entitled to recover depreciation, and whether she is obligated to do so within a specific period of time. 29. Plaintiff is in need of a declaration by this Court as to the proper protocol and procedure to be followed by Plaintiff for the recovery of withheld depreciation. 30. Plaintiff has no adequate remedy at law. 31. Plaintiff was required to retain the services of the undersigned attorneys in order to bring this action and has agreed to pay a reasonable fee for those services. Pursuant to Florida Statute §627.428, in the event Plaintiff prevails she is entitled to recover the reasonable fees from Defendant. WHEREFORE, Plaintiff requests the Court to take jurisdiction of this matter and issue an order and judgment as follows: 1. Determine and declare that Florida Statute §627.7011 and the subject policy of insurance provide the appropriate and controlling protocol for recovery of withheld depreciation; 2. Determining that Defendant’s procedure as outlined in its letters of November 14, 2018 and January 29, 2019 is inconsistent with, contrary to, and violative of the subject policy of insurance and further ordering Defendant to refrain from imposing an extra-contractual and illegal protocol and obligation for the recovery of withheld depreciation; 3. Awarding Plaintiff her reasonable attorneys fees and costs; and 4, Any and such further relief as the Court deems reasonable and necessary. DEMAND FOR JURY TRIAL Plaintiff hereby demands trial by jury on all issues so triable. Page -5-TYLER & HAMILTON, P.A. {s/Clark Hamilton, Jr. CLARK HAMILTON, JR. Florida Bar No.: 311731 Midtown Centre, Building 4000 4811 Beach Boulevard, Suite 200 Jacksonville, Florida 32207 (904) 398-9999 Telephone (904) 398-0806 Facsimile courtdocs@floridainsurancelawyers.com tandhpa@bellsouth.net and MANUEL & THOMPSON, P.A. Jay Manuel, Esq. Florida Bar No.: 651052 120 Richard Jackson Boulevard, Suite 200 Panama City, FL 325407 (850) 785-5555 Telephone (850) 785-0133 Facsimile jay@manuelthompson.com velinda@manuelthompson.com tim@manuelthompson.com Attomeys for Plaintiff, PATSY J. ODOM Page -6-00200900000 15009668_0 140444 MLDP. November 14, 2018 PATSY J ODOM 7601 KINGSWOOD RD SOUTHPORT, FL 32409 RE: Company: Tower Hill Signature Insurance Company Insured: PATSY J ODOM. Claim Number: 3300294952 Policy Number: PIHO384517 Date of Loss: 10/08/2018 Dear PATSY J ODOM: Below is the estimated payment for damages from your Windstorm claim based on our current information, You should be receiving your check in the amount of $29,842.86 in 5-7 days. The amount of your claim settlement is computed as follows: Dwelling / Structure $ 37,808.80 "Other" Structure(s) $ 3,644.61 Personal Effects (Contents) $ Gross Loss $ s Reipisiable Depreviadan 8 ‘Actual Cash Value $ | NETAMOUN' Please do not hesitate to contact myself or our office should you have questions regarding the amounts listed above. Because your claim is paid at actual cash value (ACV), you may make a claim for up to $12,430.55, (the amount of recoverable depreciation) within 180 days, by providing us with receipts, photos, estimates, and/or any other documentation supporting that repairs have been completed and costs incurred as well as the possibility of a re-inspection to verify repairs, We also want to bring to your attention that the amount of $29,842.86 does not necessarily constitute a full and final settlement of your claim for damages associated with your claimed loss. You may submit supplemental claims for any damages discovered in the covered POBox 142230 @ Gainesville, FL 32614 @ Telephone (800) 342-3407 @ Fax (352) 332-7999 cnn ane EXHIBIT Areconstruction and repair of the above mentioned property. As mentioned above, if you believe you may have any supplemental damage, please contact me to discuss the matter or send in any information that would help substantiate the claimed damages. We encourage you to have any estimates we supplied you as well as those prepared by other vendors available during our discussion to help pinpoint any area(s) of concern. Our records currently indicate you have a mortgage on the home insured through our company. Your policy contains contractual language to ensure your mortgagee’s financial interests are protected when payment is issued for damages from a covered peril to your home or other structures. We include the name of your mortgage company and/or companies when the amount exceeds $1,500.00. Please contact your mortgage company to inquire on how to proceed to have them endorse the check. We appreciate the trust you placed in Tower Hill Signature Insurance Company and thank you for allowing us to serve you in your time of need. If you should have any questions, feel free to contact me at 888-563-4691 extension 154. Sincerely, Shaquille Cherry Claims Representative claims@thig.com Enclosures: cc: 2of 2aS 00200900000 16009725_0 623562 MLDP January 29, 2019 PATSY J ODOM 7601 KINGSWOOD RD SOUTHPORT, FL 32409 RE: Company: Tower Hill Signature Insurance Company Insured: PATSY J ODOM Claim Number: 3300294952 Policy Number: PIH0384517 Date of Loss: 40/08/2018 Dear PATSY J ODOM: Below we have included a summary of your claim settlement. Please be aware that the amount outlined below does not necessarily constitute a full and final settlement of your claim for damages associated with your claimed loss. We will continue to work with you fo ensure you have appropriate funds to complete your repairs. If you need advice, assistance finding a contractor, or have another estimate we should review, please call me at 888-563-4691 extension 154 or Tower Hill Customer Service at (800) 342-3407 for assistance. Below is the estimated payment for damages from your Windstorm claim based on our current information. You should be receiving your check in the amount of $5,275.38 in 5-7 days. The amount of your claim settlement is calculated as follows: Dwelling / Structure $ 55,208.12 "Other" Structure(s) $ 5,729.58 Ordinance or Law $ 463.02 $ . 61,400.72 PO Box 142230 © Gainesville, FL 32614 @ Telephone (800) 342-2407 @ Fax (352) 332-7999 (CPL 0.9, OP 163 180 WDEP NUEN WOSt 1118 EXHIBIT BRecoverable Depreciation Your claim is paid at actual cash value (ACV), which is the valuation of your property less any depreciation. You may make a claim for the recoverable depreciation, up to $22,227.90, within 180 days by providing us with receipts, photos, estimates, and/or any other documentation supporting that repairs have been completed and costs incurred, as well as the possibility of a re-inspection to verify repairs. Please do not hesitate to contact myself or our office should you have questions regarding the amounts listed above. Supplemental Payments/Damages As stated earlier, the amount of $5,275.38 does not necessarily constitute a full and final settlement of your claim for damages associated with your claimed loss. You may submit supplemental claims for any damages discovered in the covered reconstruction and repair of the insured property. If you believe you may have any supplemental damage, please contact me to discuss the matter or send in any information that would help substantiate the claimed damages. We encourage you to have any estimates we supplied to you as well as those prepared by other vendors available during our discussion to help pinpoint any area(s)of concem. Ordinance or Law Please be aware that your policy entitles you to further coverage for work that may be required due to ordinance or law on a limited basis as incurred. Based on the estimate provided, you may claim up to $0.00. In order to claim the additional amount(s), please provide us with the following information for review: 4, Final invoice from your contractor showing the total cost, work completed, and type of material installed. 2. A copy of the building permit, or like, pulled for your local building enforcement agency that shows the permit number clearly. Submitting information Unless otherwise instructed, you may provide documentation via your Customer Portal, email, fax, or mail. Below are instructions to assist you when submitting information to Tower Hill. Customer Portal: You can upload files to your Customer Portal account using your personal computer or mobile device at THIG.com/Portal. *Email: To submit information via email, please send it to claims@thig.com and make sure to include your claim number, 3300294952, in the subject line of your email. 2of 3Ex 06300900000 16009725_0 623562 MLDP *Email attachments are limited to 25 MB. Fax: (352) 332-7999: As with email, please make sure to include your claim number, 3300294952, on the cover sheet. Mail: When mailing us information, please include your claim number, 3300294952, on your documentation. Our mailing address is: Tower Hill Claims P.O. Box 142230 Gainesville, FL 32614 We appreciate the trust you have placed in Tower Hill Signature Insurance Company and thank you for allowing us to serve you in your time of need. if you should have any questions, feel free to contact me at 888-563-4691 extension 154. Sincerely, Shaquille Cherry Claims Representative claims@thig.com Enclosures: cc: Pursuant to Fla, Statute 817.234, we are required to provide the following statement: “Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.” 3o0f 3