Customer Advocacy
One Federal St – 4th Floor
Boston, MA 02110
September 29, 2022
Kansas Insurance Department
1300 SW Arrowhead Rd.
Topeka, KS 66604
Attn: LeAnn M. Crow
Email: LeAnn.Crow@ks.gov
Re:
Regulator File Number: 91666
Complainant name: Lonnie Lupardus (insured)
Company Name/NAIC number: Homesite Indemnity Company; NAIC Number 20419
Policyholder(s): Lonnie Lupardus
Policy Number: 38423941
Policy Period: August 31, 2021 – August 21, 2022
Policy Status: Non-payment cancellation effective 12/17/2021
Insured Location: 746 N. Findley St. Olathe, KS 66061
Policy type(s): HO4 Renters
Claim number(s): 01-003-926870
Dates of loss: September 28, 2021
Dear LeAnn M. Crow,
We are in receipt of your letter dated September 20, 2022. The following serves as our response to the numbered
request from you:
1. The lack of a denial letter related to claim 01-003-926870.
Please find the attached copy of the denial letter that was sent to the insured on August 12, 2022.
2. For any policies, declarations, or correspondence not provided to Mr. Lupardus, commiserate with
April 26th request, please provide a rationale for not providing such.
Lonnie Lupardus’ (insured) request for policy documents has been addressed, and a copy of the insured’s
policy #38423941 was emailed to the insured on August 31, 2022.
The insured was advised that copies of the claim files will not be released as they are considered internal work
product and cannot be shared without a subpoena.
At this time, copies of the insured’s remaining policies and declarations are in the process of being emailed
and mailed to the insured.
3. To the extent reasonable, please address any times that the company was unable to respond to
communications within 10 days.
There was no evidence on file that responses were not provided to the insured’s communications within 10
days as alleged.
4. The contention that the insured wasn’t provided necessary forms, instructions, or reasonable
assistance in submitting their claims.
Our records reflect that the insured was provided all forms, instructions, and reasonable assistance with
submitting their claims.
Thank you for the opportunity to respond. Please contact me if you have any additional questions.
Sincerely,
Mandy Zucchero
Mandy Zucchero, Claims Customer Advocate
Homesite Indemnity Company
One Federal St – 4th Floor
Boston, MA 02110
Phone: 608-722-4035
E-mail: mandy.zucchero@afics.com
Fax: 1-855-242-7587
CC: Charles Thomas II Charles.thomas@ks.gov
Enclosures: To the KID
Homesite Homeowners Insurance Program
Underwritten By:
Homesite Indemnity Company
Tel: 1-800-466-3748
Fax: 1-866-694-8473
P.O. Box 5300
Binghamton, NY 13902-9953
Claim Number: 01-003-926870
Date Of Loss: 09/28/2021
Date Reported: 09/29/2021
Policy Number: 38423941
LONNIE LUPARDUS Policyholder: Lonnie Lupardus
829 CREEKSIDE DR
GARDNER, KS 66030
August 12, 2022
Dear LONNIE LUPARDUS,
This correspondence contains important information regarding your claim. Please review and respond accordingly.
This letter will acknowledge completion of our investigation into the claim you filed for Theft.
You have violated the below cited policy conditions in the following respects:
1. You have failed to complete the Sworn Statement Proof of Loss correctly and completely.
2. The item claimed are considered marital property as they were purchased during the marriage. As the facts have
been presented Lonnie LuPardus is alleging that Greg Yingst deprived Mr. LuPardus of his property.
3. The policy does not provide coverage for theft committed by an "insured". Please see below language:
DEFINITIONS
A. In this policy, "you" and "your" refer to the "named
insured" shown in the Declarations and the spouse
if a resident of the same household. "We", "us" and
"our" refer to the Company providing this insurance.
5. "Insured" means:
a. You and residents of your household who
are:
(1) Your relatives; or
(2) Other persons under the age of 21 and in
your care or the care of a resident of your
household who is your relative;
Due to the above reasons, your claim has been denied due to your breach of the policy contract.
C. Duties After Loss
In case of a loss to covered property, we have no duty to provide coverage under this policy if the failure to
comply with the following duties is prejudicial to us. These duties must be performed either by you, an "insured"
seeking coverage, or a representative of either:
1. Give prompt notice to us or our agent;
2. Notify the police in case of loss by theft;
3. Notify the credit card or electronic fund transfer card or access device company in case of loss as provided for
in C.6. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money under
Section I – Property Coverages;
4. Protect the property from further damage. If repairs to the property are required, you must:
a. Make reasonable and necessary repairs to protect the property; and
b. Keep an accurate record of repair expenses;
5. Cooperate with us in the investigation of a claim;
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6. 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;
7. As often as we reasonably require:
a. Show the damaged property;
b. Provide us with records and documents we request and permit us to make copies; and
c. Submit to examination under oath, while not in the presence of another "insured", and sign the same;
8. Send to us, within 60 days after our request, your signed, sworn proof of loss which sets forth, to the best of
your knowledge and belief:
a. The time and cause of loss;
b. The interests of all "insureds" and all others in the property involved and all liens on the property;
c. Other insurance which may cover the loss;
d. Changes in title or occupancy of the property during the term of the policy;
e. Specifications of damaged buildings and detailed repair estimates;
f. The inventory of damaged personal property described in 6. above;
g. Receipts for additional living expenses incurred and records that support the fair rental value loss; and
h. Evidence or affidavit that supports a claim under C.6. Credit Card, Electronic Fund Transfer Card Or
Access Device, Forgery And Counterfeit Money under Section I – Property Coverages, stating the amount
and cause of loss.
See SECTION I – Conditions, C - Duties After Loss.
SPECIAL PROVISIONS – KANSAS
Item 8. Suit Against Us is deleted and replaced by the
following:
8. Suit Against Us
No action can be brought unless the policy
provisions have been complied with and the action
is started within five years after the date of loss
Homesite Indemnity Company specifically reserves its ability to assert any and all rights or defenses available to it
under the policy. Nothing in this letter should be construed as a waiver of any such rights or defenses.
If you believe this denial of payment is being made in error, or if you have any information that you feel would warrant
a change in this decision, please contact me as soon as possible.
We are required by state law to tell you that pursuant to the terms of your policy and/or applicable state law, legal
action must be taken within five years from the date of loss.
We are committed to providing excellent customer service and are here to assist you. Please contact us with any
questions you may have.
Sincerely,
Jeanne Kettner
Jeanne Kettner
Claim Senior Adjuster
AFICS on behalf of Homesite Indemnity Company
Jeanne.Kettner.1@afics.com
Phone: 1-920-330-5477
Fax: 1-866-694-8473
Mail: P.O. Box 5300, Binghamton, NY 13902-9953
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