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Filing # 131999139 E-Filed 08/04/2021 10:03:23 AM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA.
JESUS VILLEDA and JHANETH VILLEDA,
Plaintiffs,
v. CASE NUMBER: CACE-19-021344
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant. /
DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT
COMES NOW Defendant Citizens Property Insurance Corporation, hereinafter
“Citizens” or “Defendant”, by and through its undersigned counsel, and pursuant to Florida Rule
of Civil Procedure 1.510, hereby moves for an order of Final Summary Judgment, and in support
thereof states the following:
INTRODUCTION
Summary judgment must be entered in favor of Citizens because no action or inaction by
Citizens in this matter could possibly have constituted a breach of the insurance policy at issue in
this case. The undisputed facts of record show that Citizens paid the full amount of the applicable
limit of liability for damages resulting from an accidental discharge of water from the plumbing
system at the insured property in accordance with the applicable insurance policy.
The language of the subject insurance policy is clear and unambiguous. Citizens is
obligated to pay no more than $10,000.00 for damage caused by an accidental discharge of water
from a plumbing system unless: (1) Citizens offers and Plaintiff accepts to opt into the managed
repair program in the policy; or (2) Plaintiff timely requests to opt into the managed repair program
in the policy and Citizens rejects said request. Here, it is undisputed that Citizens provided
coverage for damage caused by an accidental discharge of water from Plaintiffs’ plumbing system.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/04/2021 10:03:21 AM.****It is also undisputed that, on multiple occasions, Citizens offered the managed repair program to
Plaintiff and Plaintiff effectively rejected said offer. After Plaintiff declined to enter the managed
repair program, Citizens issued payment for the full limit of liability for the water damage to the
subject property. Therefore, pursuant to the terms of the policy, Citizens fully performed its
obligations to Plaintiff.
UNDISPUTED FACTS
1. Citizens and Plaintiff entered into a homeowner’s insurance policy contract bearing
policy number 02178693 (the “Policy”), with a coverage period beginning October 16, 2018
through October 16, 2019 concerning the Plaintiffs’ rental property located at 12708 NW 15" St.,
Sunrise, Florida 33323 (the “Property”). See the Policy attached hereto as Exhibit “A”.
2. The Policy provides coverage for physical loss to the Property not otherwise excluded.
See Exhibit A at pg.9 of 26 (Perils Insured Against) and pg. 14 of 26 (General Exclusions).
3. The Policy also provides coverage for accidental discharge or overflow of water or
steam that is not otherwise excluded. See Exhibit A at pg. 15 of 26 (Perils Insured Against) and
pg. 14 of 26 (General Exclusions).
4. The Policy also contains various limits of liability that apply once per covered loss:
SECTION I - CONDITIONS
B. Insurable Interest and Limit of Liability
Even if more than one person has an insurable interest in the property
covered, we will not be liable in any one loss:
1. For an amount greater than the interest of a person insured under
this Policy; or
2. For more than the applicable limit of liability.
See Exhibit A at pg. 16 of 26.
5. Specifically, the Policy contains a $10,000 limitation of liability for physical damage
caused by an accidental discharge of water or steam (the “10K Water Limit”):SECTION I - PERILS INSURED AGAINST
A. Coverage A — Dwelling And Coverage B — Other Structures
3. A $10,000 limit on coverage applies and is the most we will pay for:
a. Each covered direct physical loss from all water or steam in
paragraphs 2.b.(7) and 2.b.(10) above;
4. The $10,000 limit on coverage in 3. above does not apply if:
a. At our option we offer and you consent to participate in the
services described under CIT 05 86; or
b. Prior either to your incurring any costs for covered repairs or your
starting any covered repairs, you request and we do not offer the
services described under CIT 05 86 to you.
5. Under paragraphs 2.a and 2.b above any ensuing loss to property
described in Coverage A and B not excluded or otherwise precluded in
this Policy is covered. However, the $10,000 limit in 3. above applies
to any ensuing damage to property described in Coverages A and B not
excluded or otherwise precluded in this Policy, caused by water or
steam described in paragraphs 2.b.(7)and 2.b.(10) above, except the
$10,000 limit will not apply when the ensuing loss to the property is:
a. fire
b. Explosion;
c. Collapse... ;
d. “Fungi,” Wet or Dry Rot, Yeast Or Bacteria...
This $10,000 limit on coverage does not create additional coverage or
increase the limit of liability applying to the damaged property.
6. The Policy at CIT 05 86 contains a Manage Repair Contractor Network Program
Endorsement (the “MRP Provision”) that, with the consent of Plaintiff, allows Citizens to retain a
contractor on Plaintiffs’ behalf to repair damaged property in the event of a covered loss. See
Exhibit A.
7. On May 27, 2019, the Property suffered a single covered loss caused by a discharge of
water from the plumbing system in the kitchen (the “Loss”.
8. On or about June 19, 2019, the Loss was reported to Citizens. See Affidavit of Citizens’
Corporate Representative, attached hereto as Exhibit “B.”9. On July 1, 2019, Citizens inspected the Property in connection with the loss reported
by Plaintiffs.
10. On July 1, 2019, Citizens offered Plaintiffs the option of opting into the MRP
Provision. Plaintiff effectively rejected the same by not responding to Citizens’ offer. See
Affidavit of Citizens’ Corporate Representative, attached hereto as Exhibit “B.”
11. On July 6, 2019, Citizens once again offered Plaintiffs the option of opting into the
program under the MRP Provision and Plaintiff rejected the same. See Affidavit of Citizens’
Corporate Representative, attached hereto as Exhibit “B”, and Citizens’ email dated July 6, 2019
included as Attachment “1”.
12. On or about July 15, 2019, Citizens sent email correspondence to Plaintiffs’ Counsel
contact Citizens’ Adjuster regarding the Policy limit for settlement if Plaintiffs do not elect to use
the Citizens MRP Program. See Affidavit of Citizens’ Corporate Representative, attached hereto
as Exhibit “B”, and Citizens’ email dated July 15, 2019 included as Attachment “2”.
13. On or about August 15, 2019, Citizens sent correspondence to Plaintiff advising that
it was providing coverage for the Loss and issued payment in the amount of $10,000.00 in
accordance with the 10K Water Limit. The correspondence also explained that the 10K Water
Limit was being applied because Citizens offered the program under the MRP Provision and
Plaintiff chose not to participate. See Affidavit of Citizens’ Corporate Representative, attached
hereto as Exhibit “B”, and Citizens’ determination letter dated March 23, 2018 in error but sent
August 15, 2019 included as Attachment “3”.
14. On or about September 28, 2019, Citizens received Plaintiffs’ letter acknowledging
receipt of payment and their request to reevaluate the claim decision. See Affidavit of Citizens’Corporate Representative, attached hereto as Exhibit “B”, and a copy of Plaintiff's letter is
included as Attachment “4”.
15. On or about September 30, 2019, Citizens sent an email to the insureds’ Counsel stating
that the Insured opted out of program but Managed Repair Program available if return check, no
signed contract for repairs and repairs have not been begun; policy limit paid and no re-evaluation.
See Affidavit of Citizens’ Corporate Representative, attached hereto as Exhibit “B”, and Citizens’
email dated September 30, 2019 included as Attachment “5”.
16. Again, Citizens’ records indicate no response was received from either the Insureds or
their legal counsel until sixty days later, on October 5, 2019, when Citizens received an email from
the Insureds’ Counsel as follow-up on their request for re-evaluation was made.
17. Citizens emailed Plaintiff's Counsel on or about October 22, 2019 informing Plaintiffs’
Counsel that payment had been made. See Affidavit of Citizens’ Corporate Representative,
attached hereto as Exhibit “B”, Attachment “6”.
18. On or about October 24, 2019, Defendant replied to Plaintiffs’ Counsel’s emails
explaining that payment was made for emergency remediation services and permanent repairs.
See Affidavit of Citizens’ Corporate Representative, attached hereto as Exhibit “B”, and Citizens’
email of October 24, 2019 included as Attachment “7”.
17. Plaintiff filed the instant lawsuit alleging breach of the Policy October 25, 2019.
18. Prior to filing the instant lawsuit, Plaintiff never contacted Citizens to request to enter
into the program under the MRP Provision.
19. After being served the lawsuit, on or about March 6, 2020, Citizens, by and through
their legal counsel, mailed a letter to Opposing Counsel again offering the MRP Program to theInsureds under certain conditions. See “Exhibit C”, March 6, 2020 letter from Defense Counsel
to Plaintiffs’ Counsel offering the MRP Program.
20. Citizens’ Counsel did not receive a response from Plaintiffs’ Counsel and, on or about
April 30, 2020, mailed a letter to Plaintiffs’ Counsel documenting Plaintiffs’ lack of response to
be understood as a rejection and/or disqualification of the MRP Program and the limit of coverage
as specifically outlined in the Policy. See “Exhibit D”, April 30, 2020 letter from Defense Counsel
to Plaintiffs’ Counsel offering the MRP Program.
19. The $10,000.00 settlement check was cashed on May 20, 2020. The check is endorsed
by both Plaintiffs, Plaintiffs’ Counsel, Wells Fargo Bank and Xpress Restoration, Inc. See a copy
of the cancelled settlement check in the amount of $10,000.00 executed by Plaintiffs’ Counsel,
Xpress Restoration and Wells Fargo Bank, N.A. See a copy of the endorsed settlement check
attached hereto as “Exhibit E”.
SUMMARY JUDGMENT STANDARD
The Court, when considering Citizens’ Motion for Summary Judgment, must apply the
federal summary judgment standard articulated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986).
The Court must focus on “whether the evidence presents a sufficient disagreement to require
submission to a jury. Anderson v. Liberty Lobby, Inc. 417 U.S. 242, 251-2 (1986). Additionally, a
moving party that does not bear the burden of persuasion at trial can obtain summary judgment
without disproving the nonmovant’s case. Essentially, the moving party can satisfy its initial
burden of production in either of two ways: “[I]f the nonmoving party must prove X to prevail [at
trial], the moving party at summary judgment can either produce evidence that X is not so or point
out that the nonmoving party lacks the evidence to prove X.” Bedford v. Doe, 880 F.3d 993, 996-
97 (8" Cir. 2018). Finally, the correct test to be applied by the Court in deciding SummaryJudgment is “whether the evidence is such that a reasonable jury could return a verdict for the
nonmoving party.” Anderson, 477 US. at 248.
ARGUMENT.
The construction of an insurance policy is a question of law for the court. Eagle American
Ins. Co. v. Nichols, 814 So. 2d 1083 (Fla. 4th DCA 2002). In ascertaining the meaning of an
insurance policy, a court must construe its provisions in accordance with the plain meaning of the
policy. Swire Pacific Holdings, Inc. v. Zurich Ins. Co., 845 So. 2d 161, 165 (Fla. 2003) (emphasis
added). Of course, if a policy’s language is susceptible to more than one reasonable interpretation,
the policy is deemed ambiguous and construed against the insurance carrier. Id. However, and very
significantly, strictly construing a policy provision against the carrier is appropriate only when,
unlike here, there is a genuine inconsistency or ambiguity. Id. Indeed, the Florida Supreme Court
has stated:
[E]xclusionary provisions which are ambiguous or otherwise susceptible to
more than one meaning must be construed in favor of the insured, since it is
the insurer who usually drafts the policy. See Excelsior Ins. Co. v. Pomona
Park Bar & Package Store, 369 So. 2d 938, 942 (Fla. 1979). However, “[o]nly
when a genuine inconsistency, uncertainty, or ambiguity in meaning remains
after resort to ordinary rules of construction is the rule apposite. It does not
allow courts to rewrite contracts, add meaning that is not present, or otherwise
reach results contrary to the intentions of the parties.” Id.
State Farm Mutual Automobile Ins. Co. v. Pridgen, 498 So. 2d 1245, 1248 (Fla. 1986) (emphasis
added). In this regard, the Florida Supreme court has held that “simply because a provision is
complex and requires analysis for application, it is not automatically rendered ambiguous.” SwirePacific, 845 So. 2d at 165 (citing Eagle American Ins. Co. v. Nichols, 814 So. 2d 1083, 1085 (Fla.
4th DCA 2002)) (emphasis added). Further, the lack of a definition of an operative term does not,
by itself, create ambiguity. State Farm Fire & Cas. Co. v. CTC Dev. Corp., 720 So.2d 1072, 1076
(Fla.1998).
Equally important, the Florida Supreme Court has held that “in construing insurance
policies, courts should read each policy as a whole, endeavoring to give every provision its full
meaning and operative effect.” Id. at 166. Further, terms used in a policy should be read in light
of the skill and experience of ordinary people. Lindheimer v. St. Paul Fire & Marine Ins. Co., 643
So. 2d 636, 638 (Fla. 3d DCA 1994). Moreover, courts cannot construe an insurance policy such
that it would reach an absurd result. Deni Assocs. of Fla., Inc. v. State Farm Fire & Cas. Ins. Co.,
711 So. 2d 1135, 1140 (Fla.1998).
When the Policy is read in its entirety, the 10K Water Limit clearly and
unambiguously applies once a covered accidental discharge of water occurs.
The purpose of the Policy is to provide payment to Plaintiff for each
individual covered loss that occurs during the policy period. Once coverage is
triggered by a specific loss, the Policy’s limitations of liability apply to all
payments made in relation to that loss. If the covered loss is the result of an
accidental discharge of water, the 10K Water Limit is triggered: SECTION I-
PERILS INSURED AGAINST
B. Coverage A — Dwelling And Coverage B — Other Structures ...
3. A $10,000 limit on coverage applies and is the most we will pay for:
a. Each covered direct physical loss from all water or steam in paragraphs
2.b.(6) and 2.b.(9) above;
4. The $10,000 limit on coverage in 3. above does not apply if:
a. At our option we offer and you consent to participate in the services
described under CIT 04 86; or
b. Prior either to your incurring any costs for covered repairs or your starting
any covered repairs, you request and we do not offer the services described
under DP-3 08 18 to you.
According to its plain language, the 10K Water Limit is only waived if Plaintiff opts into
the program under the MRP Provision or if Citizens rejects Plaintiffs’ request to opt into theprogram under the MRP Provision. Thus, once Plaintiff rejects or does not involve the program
under the MRP Provision, Plaintiffs’ claim is limited to the $10,000.00 limit of liability in
relation to the covered loss.
Here, by tendering the full limit of liability with respect to the water damage, Citizens
complied with the terms of the Policy. It is undisputed that a single sudden and accidental loss
occurred at the Property on June 19, 2019, which triggered coverage under the terms of the Policy.
Since that loss resulted from an accidental discharge from the plumbing system, the $10K Water
Limit was triggered. In addition to several telephone conversations explaining and requesting a
response to Citizens’ offer of the MRP Program, on both July 8, 2019 and July 15, 2019, Citizens
emailed Plaintiffs’ counsel requesting confirmation of Plaintiffs’ decision regarding the MRP
Program with no response. As neither Plaintiffs nor their representatives made a request to take
advantage of the MRP Program, one must conclude that Plaintiff declined or, rather, did not invoke
their option to participate in the program under the MRP Provision. To date, Plaintiff has not
advised Citizens of their wish to enter into the program under the MRP Provision. Therefore, the
$10,000.00 limit of liability under the 10K Water Limit applies to Plaintiffs’ claim.
As the limit of liability in the 10K Water Limit applies to Plaintiffs’ claim, Citizens was
obligated only to issue payment up to a maximum of $10,000.00 to Plaintiff. Therefore, Citizens
fully complied with the terms of the Policy when it issued payment of the full $10,000.00 limit of
liability to Plaintiff for the water damage caused by the Loss. Plaintiffs and Plaintiffs’
representatives and assignees accepted and cashed the check. Thus, the undisputed facts as show
that there was no breach of the Policy, and, therefore, Citizens is entitled to summary judgment as
a matter of law.WHEREFORE, Defendant, Citizens Property Insurance Corporation, respectfully
requests this Honorable Court to enter an Order of Final Summary Judgment in favor of Citizens
and granting any other relief this Court deems just and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been provided
via electronic correspondence to: Annette Del Aguila, Esq. at eservice@mellawyers.com and
mellaw7@mellawyers.com, on this 4" day of August, 2021.
RUBINTON SIMMS, P.A.
3440 Hollywood Blvd, Suite 460
Hollywood, Florida 33021
Telephone: 954-251-5500
Fax: 954-251-5501
By: (s/ Yeowe R. Goatache _
JEFFREY A. RUBINTON, ESQ.
Florida Bar: 821756
JESUS R. GOATACHE, ESQ.
Florida Bar: 1011321
Primary E-Mail: JGoatche@rubintonlaw.comCITIZENS PROPERTY INSURANCE CORPORATION
2101 MARYLAND CIRCLE Or
T - FL 32303,
Upmann rte CITIZENS
PROPERTY INSURANCE CORPORATION
AFFIDAVIT OF CUSTODIAN OF RECORDS
(Plorida Evidence Code §§ 90.803(6) and 90.902(11), Fla, Stat.)
1. I, Teneka Turner, am the Records Assistant for Citizens Property Insurance
Corporation (Citizens) and in such capacity I have the authority to certify the
attached records.
2. Attached hereto is a copy of Citizens’ Policy No. 02178693 of policyholder
JESUS VILLEDA,
3. This policy was kept by Citizens in the regular course of business, and it was
the regular practice of Citizens for an employee or representative with
knowledge of the act recorded to make the record or transmit information
thereof to be included in such record.
4, This record was made at or near the time of the act.
5. The records attached hereto are exact duplicates of the original.
Under penalties of perjury I declare that I have read the foregoing Affidavit and
that the facts stated in it are true.
Digitally signed by
Te ne ka Teneka Turner
Date: 2019.10.30
October 30, 2019 Tu rer 12:28:34 -04'00
Date Teneka Turner
Records Assistant
Citizens Property Insurance Corporation
Gary Aubuchon, Interim Chairman, Lee County # Bette Brown, Monroe County
Blake Capps, Martin County # Marc W. Dunbar, Leon County # Reynolds Henderson, Walton County
James Holton, Pinellas County @ William Kastroll, Collier County ¢ John Wortman, St. Johns County
Barry Gilway, President/CEO and Executive DirectorCITIZENS PROPERTY INSURANCE CORPORATION
(A 301 W BAY ST
Ci ZENS JACKSONVILLE FL 32202
‘PROPERTY NSURAE CORPERATON
Dwelling Fire DP-3 Special Form Policy - Declarations
POLICY NUMBER: 02178693 - 3. POLICY PERIOD: FROM — 10/16/2018 TO 10/16/2019
at 12:01 a.m, Eastem Time at the Location of the Residence Premises
Transaction: RENEWAL
Named Insured and Mailing Address: _Location Of Residence Premises: ‘Agent: Fl. Agent Lic. #: A223890
First Named Insured: 12708 NW 15TH ST ANDY'S ASSURANCE AGENCY
JESUS VILLEDA SUNRISE FL 33323-3138 Loreta Rodriguez
13161 NW 11th Ct County:BROWARD 1441 W. FLAGLER ST.
SUNRISE, FL 33323
Phone Number: 754-366-4610
MIAMI, FL 33135
Phone Number: 305-642-8407
Citizens Agency ID#: 2276
Additional Named Insured: Please refer to “ADDITIONAL NAMED INSURED(S)’ section for details
Coverage is only provided where a premium and a limit of liability is shown
All Other Perils Deductible: $2,500
Sinkhole Loss Deductible: $22,800 (10%)
Hurricane Deductible: $4,560 (2%)
LIMIT OF LIABILITY ANNUAL PREMIUM
PROPERTY COVERAGES $2,989
A. Dwelling: $228,000
B, Other Structures: $4,560
C. Personal Prope! $0
D. Fair Rental Value*: $22,800
E. Additional Living Expense*: $22,800
* Coverage “D" and “E” combined, limited to 10% of Coverage “A” for the same loss (see policy).
LIABILITY COVERAGES
L. Personal Liability: $100,000 $33
M. Medical Payments: $2,000 INCLUDED
OTHER PROPERTY AND LIABILITY COVERAGES
Sinkhole Loss Coverage (See Policy) $17
SUBTOTAL: $3,039
Florida Hurricane Catastrophe Fund Build-Up Premium: $38
Premium Adjustment Due To Allowable Rate Change: ($691)
MANDATORY ADDITIONAL CHARGES:
Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2
Tax-Exempt Surcharge $42
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $2,430
The portion of your premium for:
Hurricane Coverage is $664 Non-Hurricane Coverage is $1,722
Authorized By: Loreta Rodriguez
Processed Date: 08/26/2018
DEC DP3D 08 18 First Named Insured
Page 1 of 3CITIZENS PROPERTY INSURANCE CORPORATION
Or. 301 W BAY ST
JACKSONVILLE FL 32202
CITIZENS
FROPERTY INSURANCE CORPORATION
Dwelling Fire DP-3 Special Form Policy - Declarations
Policy Number: 02178693 - 3 POLICY PERIOD: FROM 10/16/2018 TO 10/16/2019
First Named Insured: JESUS VILLEDA at 12:01 a.m. Eastern Time at the Location of the Residence Premises
Forms and Endorsements applicable to this policy:
CIT DL 24 01 02 16, CIT 25 94 02 16, CIT DL 24 16 02 16, CIT 25 07 08, CIT 04 61 07 08, CIT DP-3 08 18, CIT 05 85 08 18, CIT DL 24
11 02 16, CIT 05 86 08 18
Rating/Underwriting Information
Year Built: 1990 || Protective Device - Burglar Alarm: No
[Town / Row House: No] Protective Device - Fire Alarm: No
Construction Type: Masonry } Protective Device - Sprinkler: None
BCEGS: Ungraded} No Prior Insurance Surcharge: No
Territory / Coastal Territory: 037 / 00} Terrain: Cc
Wind / Hail Exclusion: No] Roof Cover: FBC Equivalent
Municipal Code - Police: 909]| Roof Cover - FBC Wind Speed: N/A
Municipal Code - Fire: 909 ]| Roof Cover - FBC Wind Design: N/A
Occupancy: Tenant Occupied | Roof Deck Attachment: Level G
Use: Rental Property| Roof-Wall Connectior Clips
Number of Families 1] Secondary Water Resistance: No
Protection Class: 2] Roof Shape: Gable
Distance to Hydrant (ft.): 500 | Opening Protection: None
Distance to Fire Station (mi.): 7
A premium adjustment of ($812) is included to reflect the building's wind loss mitigation features or construction techniques that exists.
A premium adjustment of $0 is included to reflect the building code effectiveness grade for your area. Adjustments range from a 2%
surcharge to a 10% credit.
Your property coverage limits have been adjusted for inflation.
Your policy premium has increased by $324. Of this amount:
The premium difference due to an approved rate change is $211
The premium difference due to changes in your coverage is $94
The premium difference due to mandatory additional charges plus FHCF Build-up is $19
ADDITIONAL NAMED INSURED(S)
Name Address
JJHANETH VILLEDA 12161 NW 11th Ct SUNRISE, FL 33323
ADDITIONAL INTEREST(S)
# = Interest Type Name and Address Loan Number
WELLS FARGO BANK NA 936 ISAOA
1 IstMortgagee PO BOX 100515 FLORENCE, SC 29502-0515 0496296253
DEC DP3D 08 18 First Named Insured Page 2 of 3CITIZENS PROPERTY INSURANCE CORPORATION
Or. 301 W BAY ST
JACKSONVILLE FL 32202
CITIZENS
FROPERTY INSURANCE CORPORATION
Dwelling Fire DP-3 Special Form Policy - Declarations
Policy Number: 02178693 - 3 POLICY PERIOD: FROM 10/16/2018 TO 10/16/2019
First Named Insured: JESUS VILLEDA at 12:01 a.m. Eastern Time at the Location of the Residence Premises
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE
FOR HURRICANE LOSSES, WHICH MAY RESULT
IN HIGH OUT-OF-POCKET EXPENSES TO YOU.
NEITHER "FLOOD" NOR "ORDINANCE OR LAW"
COVERAGE IS PROVIDED IN THIS POLICY.
TO REPORT ALOSS OR CLAIM CALL 866.411.2742
IN CASE OF LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES SOLELY TO PROTECT
THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS.
PROMPT NOTICE OF THE LOSS MUST BE GIVEN TO US OR YOUR INSURANCE AGENT. EXCEPT FOR REASONABLE
EMERGENCY MEASURES, THERE IS NO COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF: (A) 72 HOURS
AFTER WE ARE NOTIFIED OF THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVAL
BY US.
THIS POLICY CONTAINS LIMITS ON CERTAIN COVERED LOSSES, ALL SUBJECT TO THE TERMS AND CONDITIONS OF YOUR
POLICY. THESE LIMITS MAY INCLUDE A $10,000 LIMIT ON COVERAGE FOR COVERED LOSSES CAUSED BY ACCIDENTAL
DISCHARGE OR OVERFLOW OF WATER OR STEAM FROM SPECIFIED HOUSEHOLD SYSTEMS, SEEPAGE OR LEAKAGE OF
WATER OR STEAM, CONDENSATION, MOISTURE OR VAPOR, AS DESCRIBED AND INSURED IN YOUR POLICY (HEREAFTER
COLLECTIVELY REFERRED TO AS ACCIDENTAL DISCHARGE OF WATER IN THIS PARAGRAPH). AS ANOTHER EXAMPLE, THERE
IS ALSO LIMIT OF $3,000 APPLICABLE TO REASONABLE EMERGENCY MEASURES TAKEN TO PROTECT COVERED PROPERTY
FROM FURTHER DAMAGE BY ACCIDENTAL DISCHARGE OF WATER. THE AMOUNT WE PAY FOR THE NECESSARY REASONABLE
EMERGENCY MEASURES YOU TAKE SOLELY TO PROTECT COVERED PROPERTY FROM FURTHER DAMAGE BY ACCIDENTAL
DISCHARGE OF WATER WILL BE DEDUCTED FROM THE $10,000 LIMIT ON COVERAGE FOR ACCIDENTAL DISCHARGE OF
WATER.
INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND/OR AGENTS TO ASSIST
THEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS.
PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. IF YOU ARE UNABLE TO
CONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT 866.411.2742.
DEC DP3D 08 18 First Named Insured Page 3 of 3eurzens
NOTICE OF PRIVACY POLICY
WHAT DOES CITIZENS PROPERTY INSURANCE CORPORATION DO
WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell you
how we collect, share, and protect your personal information. Please read this notice carefully
to understand what we do.
The types of personal information we collect and share depend on the product or service you
have with us. This information can include:
- Social Security number
- Information you provide on your application for insurance coverage, such as your
name, address, telephone number, date of birth, and occupation
- _ Information gathered from you as our insured, your payment history, type of coverage
you have, underwriting information and claims information
- Credit card or bank account information
- Mortgage information
- Information from your visits to www.citizensfla.com
All financial companies need to share customers’ personal information to run their everyday
business. Citizens uses your personal information only as authorized or required by law and
as necessary to provide our products and services to you. In the section below, we list the
reasons financial companies can share their customers’ personal information; the reasons
Citizens chooses to share; and whether you can limit this sharing.
Reasons we can shi rere Can you limit this
your personal informati
For our everyday business purposes — We share with Yes No
nonaffiliates to assist us to process your transactions,
underwrite and/or rate your policy, service your policy,
administer claims, respond to court orders and legal
investigations, and, as permitted by federal and state law.
For our marketing purposes — to offer our products and No We don't share
services to you
For joint marketing with other financial companies No We don't share
For our affiliates’ everyday business purposes — No We don't share
information about your transactions and experiences
For our affiliates’ everyday business purposes — No We don't share
information about your creditworthiness
For nonaffiliates to market to you No We don't share
feltr-x-) Call 866.411.2742; Deaf/Hard of Hearing: 800.955.8771 (TTY) or 800.955.8770 (Voice); or go
to www.citizensfla.com
PNMPR-7 08 18eee
la Tele}
How does Citizens protect my
personal information?
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal law. These measures
include computer safeguards and secured files and buildings. Our
employees and vendors are authorized to access information only for valid
business reasons. They must agree in writing to maintain the confidentiality
of nonpublic personal information. We do not share medical information
unless authorized by you or as required by law.
How does Citizens collect my
personal information?
We collect your personal information, for example, when:
- you apply for insurance
- we process your application
- you pay insurance premiums
= you give us your contact information
- you give information to your agent or property inspector
- you file an insurance claim (or if a claim is made against you)
- you show us your government-issued ID or driver's license
- you visit Citizens’ website if you voluntarily provide the information
We also collect information from other companies, such as your loss history.
Why can’t | limit all sharing?
Federal law gives you the right to limit only:
- — sharing for affiliates’ everyday business purposes—information
about your creditworthiness
- affiliates from using your information to market to you
- sharing for nonaffiliates to market to you
State law and individual companies may give you additional rights to limit
sharing. See below for more on your rights under state law.
Affiliates Companies related by common ownership or control. They can be financial
and nonfinancial companies.
- Citizens has no affiliates
Nonaffiliates Companies not related by common ownership or control. They can be
financial or nonfinancial company. Nonaffiliates we share with can include:
- Independent insurance agents and agencies
- Independent adjusters or claims representatives
- — Inspection companies
- Auditors
- Insurance support organizations
- Attorneys, courts, and government agencies.
Joint marketing
statutory exemption.
ea sen eu aCe ol
State law — The Florida public records law requires that all information received by a state entity be made
available to anyone upon request, including e-mail addresses, unless the information is subject to a specific
A formal agreement between nonaffiliated financial companies that together
market financial products or services to you.
- Citizens does not jointly market
PNMPR-7 08 18ornzens
PROPERTY DESURANEE CORPORATION
Acknowledgement of Potential Surcharge and Assessment Liability
We are required by law to send you this notice to inform you about the potential for surcharges and
assessments to be applied to your policy.
1, AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE CORPORATION, | UNDERSTAND.
THAT IF THE CORPORATION SUSTAINS A DEFICIT AS A RESULT OF HURRICANE LOSSES OR
FOR ANY OTHER REASON, MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL
BE DUE AND PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE POLICY,
AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, OR A
DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE.
2. | UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER SURCHARGE, WHICH
COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, BY OBTAINING COVERAGE FROM A
PRIVATE MARKET INSURER AND THAT TO BE ELIGIBLE FOR COVERAGE BY CITIZENS, | MUST
FIRST TRY TO OBTAIN PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING
COVERAGE WITH CITIZENS. | UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES ARE
REGULATED AND APPROVED BY THE STATE.
3. | UNDERSTAND THAT | MAY BE SUBJECT TO EMERGENCY ASSESSMENTS TO THE SAME
EXTENT AS POLICYHOLDERS OF OTHER INSURANCE COMPANIES, OR A DIFFERENT AMOUNT
AS IMPOSED BY THE FLORIDA LEGISLATURE.
4, | ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE CORPORATION IS NOT
SUPPORTED BY THE FULL FAITH AND CREDIT OF THE STATE OF FLORIDA.
More information regarding assessments and surcharges is available under the Policyholder section
of our website, www.citizensfla.com.
Citizens Property Insurance Corporation
POLICYHOLDER ASSESSMENT EXAMPLE
To illustrate the potential assessment obligation of a Citizens policyholder compared to a
policyholder insured by a private insurer, we have prepared an example based on an annual
premium of $2,000. Your actual assessment amount will vary based on your annual premium.
The assessment will be in addition to the premium you pay for insurance coverage.
:, ABC Insurance
Citizens Policy Policy
If your annual premium is: $2,000 $2,000
Tier 1: Potential Citizens Policyholder Surcharge (one- time assessment $900 NA
up to 45% of premium)
Tier 2: Potential Regular Assessment (one -time assessment up to 2% of NA $40
premium) '
Tier 3: Potential Emergency Assessment (up to 30% of premium $600 $600
annually, may apply for multiple years)
Potential Annual Assessment: $1,500 $640
Tiers are used to demonstrate the multiple levels of assessment defined by Florida Law.
Assessment tiers are triggered based on the severity of the deficit.
Assessments are based on the greater of the projected deficit or the aggregate statewide
written premium for the subject lines of business. The above example is based
on the use of premium.
Notes:
1 —Tier 2 additional assessments may be incurred for other property/casualty policies that are subject to assessment.
2 Tier 3 assessment may be collected each year over multiple years, depending on the extent of the deficit. In the event that subsequent
years also generate a deficit, additional assessments could occur.
ACK-1 11 13< CITIZENS
PROPERTY INSURANCE CORPORATION
POLICYHOLDER NOTICE
IMPORTANT INFORMATION
Dear Policyholder,
This offer of renewal contains a separate deductible for hurricane losses and a
separate deductible for all other peril (AOP) losses. The hurricane deductible and
AOP deductible you previously selected are shown in the enclosed Declaration
page(s) of this renewal offer.
Citizens offers you the choice of several hurricane deductible options. If your
policy dwelling limit is $100,000 or more (or personal property limit, if applicable),
you may choose a hurricane deductible of 2, 5 or 10 percent of your limit. In
addition to these deductibles, you may also choose a hurricane deductible of
$500 if your policy dwelling limit is less than $100,000 (or personal property limit,
if applicable).
The all other perils (AOP) deductible options you may choose are $500, $1,000
or $2,500, but may not exceed the hurricane deductible you select.
All of these deductible options may not be available due to the policy dwelling
limit (or personal property limit, if applicable).
You may select different deductibles now or at any future renewal. If you have
suffered hurricane losses in the current calendar year, a request to reduce your
hurricane deductible will not be effective until January 1 of the following year.
A mandatory sinkhole deductible may apply in some policies and will be shown in
your Declarations, if applicable.
If you have questions about these deductibles or want to change your
deductibles, contact your Citizens agent for assistance. The request to change
your deductibles must be received by Citizens prior to the renewal date of
your policy.
This notice does not provide coverage nor does this notice replace any
provisions of your policy. You should read your policy and review your
declarations page for complete information on the coverages you are provided
with. If there is any conflict between the policy and this notice, the provisions of
the policy shall prevail.
PNMPR-S8 06 12Checklist of Coverage
Policy Type: Dwelling
(Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mo!
Home Owner's)
The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of
the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions,
limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent
separately.
Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and
limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a
claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool
enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may
arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor,
wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures.
A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement.
Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the
provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your
agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’
Helpline at (800) 342-2762 or www fidfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Limit of Insurance: _ $228,000 Loss Settlement Basis: Replacement Cost
(ie.: Replacement Cost, Actual Cash Value, Stated Value, et)
Other Structures Coverage (Detached from Dwelling)
Limit of Insurance: __ $4,560 Loss Settlement Basis: Replacement Cost
(ie.: Replacement Cost, Actual Cash Value, Stated Value, et)
Personal Property Coverage
Limit of Insurance: _ $0 Loss Settlement Basis:
(ie.: Replacement Cost, Actual Cash Value, Stated Value, et)
Deductibles
‘Annual Hurricane: $4,560 (2%) All Perils (Other Than Hurricane): $2,500
Sinkhole: $22,800 (10%)
OIR-B1-1670 (1-1-06) 1 of 3Checklist of Coverage (continued)
The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against:
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Fire or Lightning
Hurricane
Flood (Including storm surge)
Windstorm or Hail (other than hurricane)
Explosion
Riot or Civil Commotion
Aircraft
Vehicles
[Smoke
Vandalism or Malicious Mischief
Theft
Falling Objects
‘Weight of Ice, Snow or Sleet
Accidental Discharge or Overflow of Water or Steam
[Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging
Freezing
‘Sudden and Accidental Damage from Artificially Generated Electrical Current
Volcanic Eruption
Sinkhole
~<|<|<|<| <|<|[«| <<] 2 <| <|<[<|<|<]<[z2]<|<]
Any Other Peril Not Specifically Excluded (dwelling and other structures only)
o
pecial limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Loss of Use Coverage
Coverage [_Limitofinsurance | Time Limit
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Y Additional Living Expense 24 Consecutive Months
Y |Fair Rental Value See Policy 24 Consecutive Months.
y {Civil Authority Prohibits Use 2 weeks
Property - Additional/Other Coverages
{items below marked Y (Yes) indicate coverage IS Limit of Insurance | Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit.
included) Included Additional
‘Y [Debris Removal See Policy Y
y |Reasonable Repairs See Policy Y
Y |Property Removed See Policy Y
N Credit Card, Electronic Fund Transfer Card, or
Access Device, Forgery and Counterfeit Money
N |Loss Assessment
Y [Collapse See Policy Y
Y |Glass or Safety Glazing Material See Policy Y
N [Landlord's Furnishings
N [Law and Ordinance
N |Grave Markers.
Y |Mold/ Fungi $10,000 Y
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
OIR-B1-1670 (1-1-06) 20f3Checklist of Coverage (continued)
Discounts
(Items below marked Y (Yes) indicate discount IS applied, those marked N Dollar ($) Amount of Discount
(No) indicate discount is NOT applied)
N [Multiple Policy
N [Fire Alarm / Smoke Alarm / Burglar Alarm
N [Sprinkler
Y [Windstorm Loss Reduction ($812)
N [Building Code Effectiveness Grading Schedule
N [Other
Insurer May Insert Any Other Property Coverage Below
Limit of Insurance Loss Settlement Basis:
(Items below marked Y (Yes) indicate coverage IS (i.e.: Replacement Cost, Actual Cash Value, Stated
included, those marked N (No) indicate coverage is NOT Value, etc.)
included)
Personal Liability Coverage
Limit of Insurance: $100,000
Medical Payments to Others Coverage
Limit of Insurance: _ $2,000
Liability - Additional/Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance | Amount of insurance 5 jan addtional amount oF
included, those marked N (No) indicate coverage is NOT coverage 01s mcuoee wuunue Pole
included) Included Additional
Y [Claim Expenses See Policy Y
y |First Aid Expenses See Policy Y
Y [Damage to Property of Others $500 Y
N |Loss Assessment
Insurer Insert Any Other Liability C Below
items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance
INOT included
Y | Mold Section II
$50,000
OIR-B1-1670 (1-1-06) 30f3Notice of Premium Discounts for Hurricane Loss Mitigation
*** Important Information ***
About Your Personal Residential Insurance Policy
Dear Homeowner,
Hurricanes have caused tens of billions of dollars in insured damages and predictions of
more catastrophic hurricanes making landfall in Florida have triggered increases in
insurance premiums to cover potential future losses. Enclosed is information regarding
wind loss mitigation that will make your home more resistant to wind and help protect
your family during a catastrophic event. In addition to reducing your hurricane wind
premium by installing mitigation features, you may also reduce the likelihood of out of
pocket expenses, such as your hurricane deductible, you may otherwise incur after a
catastrophic event.
What factors are considered in establishing my premium?
Your location: The closer a home is to the coast, the more vulnerable it is to damage
caused by hurricane winds. This makes the hurricane-wind premium higher than for
similar homes in other areas of the state.
Your policy: Your insurance policy is divided into two premiums: one for damage caused
by hurricane force winds (hurricane-wind) and one for all other damage (all perils), such
as fire.
Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10%
deductible, depending on the actual value of your home. The larger your deductible, the
lower your hurricane-wind premium. However, if you select a higher deductible your out-
of-pocket expenses in the event of a hurricane claim will be higher.
Improvements to your home: The state requires insurance companies to offer discounts
for protecting your home against damage caused by hurricane winds. Securing your
roof so it doesn’t blow off and protecting your windows from flying debris are the two
most cost effective measures you can take to safeguard your home and reduce your
hurricane —-wind premium. These discounts apply only to the hurricane-wind portion of
your policy.
The costs of the improvement projects vary. Homeowners should contact a licensed
contractor for an estimate. You can find a Certified Contractor in your area by visiting
the Florida Department of Business and Professional Regulation online at
www.myfloridalicense.com.
Your maximum discount: Discounts are not calculated cumulatively. The total discount
is not the sum of the individual discounts. Instead, when one discount is applied, other
discounts are reduced until you reach your maximum discount of 92%.
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155 1How can | take advantage of the discounts?
Homeowners will need a qualified inspector such as a general, building, or residential
contractor licensed under Section 489.111, Florida Statutes, or a professional engineer
licensed under Section 471.015, Florida Statutes, who has passed the appropriate
equivalency test of the Building Code training program as required by Section 553.841,
Florida Statutes, or a professional architect licensed under Section 481.213, Florida
Statutes, or a building code inspector certified under Section 468.607, to inspect the
home to identify potential mitigation measures and verify improvements. For a listing of
individuals and/or inspection companies meeting these qualifications contact your
insurance agent or insurance company.
The following is an example of how much you can reduce your insurance
premium if you have mitigating features on your home. The example is based on
your hurricane-wind premium* of $736.00 which is part of your total annual
premium of $2,430.00. Remember, the discounts shown only apply to the
hurricane-wind portion of the premium and the discounts for the construction
techniques and features listed below are not cumulative.
* Wind mitigation credits apply to that portion of your premium that covers
the peril of wind, whether or not a hurricane exists.
Homes built prior to the 2001 building code
. ‘ Estimated* Annual
Description of Feature Toineane oe Premium ($) is
Reduced by:
Roof Covering (i... shingles or tiles)
@ Meets the Florida Building Code. Feature is being
Applied
e Reinforced Concrete Roof Deck.
(If this feature is installed on your home you 15%
most likely will not qualify for any other $354
discount.)
How Your Roof is Attached
e Using a 2" nail spaced at 6" from the edge of |, better discount is
the plywood and 12" in the field of the already applied in this
Plywood. Category
Using a 2 1/2" nail spaced at 6" from the edge
of the plywood and 12" in the field of the 0% $0
plywood.
e Using a 2 1/2" nail spaced at 6" from the edge | 7
of the plywood and 6" in the field of the Feature is being
plywood. Applied
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155Roof-to-Wall Connection
« Using “Toe Nails” — defined as three nails A better discount is
driven at an angle through the rafter and into | already applied in this
the top roof. Category
e Using Clips — defined as pieces of metal that
are nailed into the side of the rafter/truss and
into the side of the top plate or wall stud.
e Using Single Wraps — a single strap that is
attached to the side and/or bottom of the top |6% $145
plate and are nailed to the rafter/truss.
Using Double Wraps — straps are attached
to the side and/or bottom of the top plate and |9% $228
are nailed to the rafter/truss.
Feature is being
Applied
Roof Shape
e Hip Roof — defined as your roof sloping down 9% $208
to meet all your outside walls (like a pyramid).
e@ Other. Feature is being
Applied
Secondary Water Resistance (SWR)
@ SWR - defined as a layer of protection
between the shingles and the plywood 1% $21
underneath that protects the building if the
shingles blow off.
e No SWR. Feature is being
Applied
Feature is being
Applied
e Intermediate Type - shutters that are strong
enough to meet half the old Miami-Dade 12% $281
building code standards.
Hurricane Protection Type - shutters that are
strong enough to meet the current Miami- 15% $354
Dade building code standards.
* Estimate is based on information currently on file and the actual amount may vary.
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155Homes built under the 2001 building code or later
Description of Feature
Estimated*
Premium
Discount
Percent
Estimated* Annual
Premium ($) is
Reduced by:
Homes built under the 2001 Florida Building Code or later
edition (also including the 1994 South Florida Building
Code for homes in Miami-Dade and Broward Counties)
are eligible for a minimum 68% discount on the hurricane-
wind portion of your premium. You may be eligible for
greater discount if other mitigation features are installed
‘on your home.
.
.
Shutters
None.
Intermediate Type — shutters that are strong
enough to meet half the old Miami-Dade building
code standards.
Hurricane Protection Type — shutters that are
strong enough to meet the current Miami-Dade
building code standards.
N/A
N/A
NIA
This section only
applies to homes built
after 2001
N/A
N/A
.
Roof Shape
Hip Roof — defined as your roof sloping down to
meet all your outside walls (like a pyramid).
Other.
N/A
N/A
N/A
N/A
* Estimate is based on information currently on file and the actual amount may