Motion-Secondary: Jesus Villeda , et al Plaintiff vs. Citizens Property Insurance Corporation Defendant

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                                Filing# 137418099 E-Filed 10/27/2021 06:13:47 PM
 IN THE CIRCUIT COURT FOR THE 17TH
 JUDICIAL CIRCUIT IN AND FOR
 BROWARD COUNTY, FLORIDA
 JESUS VILLEDA
 CASE NO.: CACE-19-021344
 and JHANETH VILLEDA,
 Plaintiffs,
 V
 CITIZENS PROPERTY INSURANCE
 CORPORATION,
 Defendant.
 i
 NOTICE OF FILING AFFIDAVIT OF JAVIER MARTIN IN OPPOSITION TO
 DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
 Plaintiffs,JESUS VILLEDA and JHANETH VILLEDA, by and through undersigned
 attorney, hereby give Notice of FilingAffidavit of Javier Martin in Opposition to Defendant's
 Motion for Summary Judgment.
 CERTIFICATE OF SERVICE
 I HEREBY CERTIFY that a true and correct copy ofthe foregoingwas served on Counsel
 ofRecordfbr Detendant(s)via the Florida E-FilingPortal on this 27 day of October 2021.
 YOUR INSURANCE ATTORNEY, PLLC.
 Attorneysfor the Plaintiff
 2601 S. Bayshore Dr. 18thFloor
 Telephone: (305)444-5969
 Facsimile: (305)444-1939
 Primary Email: YIA20@yourinsuranceattomey.com
 Secondary Email:
 Eservice@yourinsuranceattorney.com
 By: /s/David F. Garcia
 David F. Garcia, Esq.
 Fla Bar No: 87055
 IdelysMartinez, Esq.
 Florida Bar No.: 101104
 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/27/2021 06:13:46 PM.****
 IN THE CIRCUIT COURT FOR THE 17TH
 JUDICIAL CIRCUIT IN AND FOR
 BROWARD COUNTY, FLORIDA
 JESUS VILLEDA
 CASE NO.: CACE-19-021344
 and JHANETH VILLEDA,
 Plaintiffs,
 V
 CITIZENS PROPERTY INSURANCE
 CORPORATION,
 Defendant.
 AFFIDAVIT OF JAVIER MARTIN IN OPPOSITION TO
 DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
 STATE OF FLORIDA
 : SS.
 MIAMI-DADE COUNTY
 :
 BEFORE ME, the undersigned notary public,this date appeared JAVIER MARTIN
 being personallyknown to me and having taken an oath,deposes and says:
 1.
 My name is Javier Martin, and I am over the age of 21 and competent to make
 this affidavit.
 2.
 The contents of this affidavit are based on my personalknowledge.
 3
 I am a licensed publicadjusterin the state of Florida.
 4.
 I am an independent contractor for Leading Public Adjusters, Inc., a public
 adjustingcompany ("LPA").
 5.
 LPA was retained on behalf of Jesus Villeda and Jhaneth Villeda (the"Insured")
 to inspectthe property located at 12708 NW 15th Street,Sunrise,FL 33323 (the"Property")and
 prepare an estimate of the damages due to sudden and accidental plumbing loss.
 6.
 LPA prepared an estimate of the damages. The estimate is attached hereto as
 Exhibit "A...
 7.
 The Estimate attached as Exhibit "A" has been electronically
 stored in LPA's
 office since it was prepared. It was prepared duringthe ordinarycourse of its business and it is
 customary business practiceto retain such documents in its office.
 8
 I recognizethe Estimate attached as Exhibit "A" because it bears Leading Public
 Adjusters'company header and address of the subjectProperty.
 9-
 I inspectedthe property in connection with the claimed loss and prepared an
 estimate on industrystandard software for the total amount of money necessary to restore the
 Property to its pre-losscondition. The total amount of my Estimate is $27,438.15. See Exhibit
 CC A 57
 1-1
 .
 10.
 During the policyperiod,the property suffered a direct and physicalloss when the
 plumbing system in the Property failed.
 11.
 The property suffered direct physicaldamage from the direct exposure of water
 dischargefrom the failed plumbing system.
 12.
 Certain line items in my Estimate are included in order to address the repairs
 needed to restore the damage to the property caused directlyby water discharge.
 13.
 My Estimate also includes certain line items in order to address the estimated cost
 to repairand restore damage to the property caused by the tear out and repairof the failed
 plumbing system, and which are unrelated to direct physicaldamage by water.
 14.
 Additionally,the Estimate also includes other line items which are included in
 order to preform repairsto the Property that were not directlydamaged by water, but are
 included because there are tie-ins that must be considered in order to keep the Property's"lines
 of sight"consistent and uniform, as well as the fact that certain damage to abuttingareas cannot
 be avoided duringthe repairprocess.
 15.
 After the loss, the Insured hired Xpress Restoration to provide reasonable
 emergency services,pursuant to the Policy,in order to prevent the Property from sustaining
 further water damage and mold.
 16.
 The Policyprovidesseparate mold coverage for $10,000.00.
 17.
 The insured's actions proved essential in protectingthe property from further
 direct damage from water.
 18.
 There was evidence of mold growth at the Propertyduringmy inspection.
 19.
 Xpress performed their dry-out/remediationservices to clean out mold at the
 property but they did not perform any repairsto the covered property that was damaged by water
 as a result of the claimed loss.
 20.
 The cost of the services provided by Xpress Restoration was $6,364.58.
 21.
 The entiretyof the cost of Xpress Restoration's water mitigationand restoration
 was for services and not for repairof the direct physicaldamage by water.
 22.
 Therefore,the Insurance Company has not paid the Insured the full amount for the
 direct physicalwater damage suffered at the Property.
 MMAINDEROFPAGEINTENTIONALLYLEFTBLANKI
 FURTHER AFFIANT SAYETH NOT.
 COUNTY OF MIAMI-DADE
 T
 I
 JAVIER MARTIN
 ,
 L?
 TL
 Sworn to and subscribed before me this ct-1
 day of October 2021, by Javier Martin
 who is personallyknown to me and who did take an oath.
 C-
 A**?
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 ARQA Ie'maaxpfyf.
 Cam.#GG910953
 (Name ofNotary, typed,printedor stamped)
 EM. Sept8,2023
 9,F BondedQXRIRANiMCommssionNo.EiC7910953
 My Commission expires:
 .9/8/2023