Answer: Jimmy Amaya, et al Plaintiff vs. Citizens Property Insurance Corporation Defendant

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                                Filing # 112750471 E-Filed 09/02/2020 08:33:22 AM

20-9562

MRPIfib
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04)
(Judge Sandra Perlman)

Plaintiff,

v.

CITIZENS PROPERTY INSURANCE
CORPORATION,

Defendant.
qe ee Eee

DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S
ANSWER, AFFIRMATIVE DEFENSE, AND DEMAND FOR JURY TRIAL

 

The Defendant, Citizens Property Insurance Corporation, by and through its undersigned
counsel, files this, its Answer, Affirmative Defense, and Demand for Jury Trial, and states as
follows:

GENERAL ALLEGATIONS

1. Admitted for the purposes of jurisdiction only.

2. Denied as phrased. Citizens is a State of Florida government entity created by the
Florida legislature to provide property insurance within the State of Florida, and not an
authorized insurance company requiring licensure or other qualification to transact business in
Florida pursuant to Fla. Stat. § 627.351(6)(a)(1). As such, venue is proper only in Leon County
where Citizens maintains its principal headquarters. Lake County Boys Ranch v. Kearney, 790
So. 2d 602 (Fla. 5” DCA 2001) (citing Carlie v. Game & Fresh Water Comm’n, 354 So. 2d 362
(Fla. 1977)). Unless there is a waiver or exception, the home venue privilege is an absolute right

in Florida law. Stovall v. Cooper, 860 So. 2d 5 (Fla. 2d DCA 2002)(citing Jacksonville Elect.

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/02/2020 08:33:21 AM.****Jimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)

Auth. v. Clay County Until. Auth., 802 So, 2d 1190, 1192 (Fla. Ist DCA 2002). For the limited
purpose of the instant case, Citizens agrees to waive the home venue privilege afforded to it as a
state agency, and voluntarily submits to venue in Broward County. The remaining allegations are
denied.

3. Denied.

4. Denied as phrased. Admitted that Citizens issued a policy of insurance, Policy
No. 02411300-1, which insured the residence located at 6635 Hood Street (renamed Hope
Street), Hollywood, Florida 33024-2910, and that the policy lists insured’s as Jimmy Amaya and
Amelis Ramos. The policy had effective dates from May 1, 2017 through May 1, 2018. The
policy speaks for itself as to the specific coverages afforded located within the policy’s term,

conditions, limitations, and exclusions of the subject policy. Denied as to the remainder.

5. Denied.
6. Denied.
7. Denied as phrased. Citizens admits it issued a policy of insurance, policy No.

02411300-1 to Jimmy Amaya and Amelis Ramos, subject to the terms, conditions, limitations,
exclusions of the subject policy, as well as Florida law, for the period of May 1, 2017 through
May 1, 2018, for the property located at 6635 Hood Street (renamed Hope Street), Hollywood,
Florida 33024-2910. Admitted that said policy was in full force and effect on the alleged date of
loss. Denied for any other purpose. See a copy of the applicable policy of insurance attached
hereto as Exhibit “A”.

8. Denied as phrased. Citizens admits it issued a policy of insurance, policy No.
02411300-1 to Jimmy Amaya and Amelis Ramos, subject to the terms, conditions, limitations,

exclusions of the subject policy, as well as Florida law, for the period of May 1, 2017 throughJimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)

May 1, 2018, for the property located at 6635 Hood Street (renamed Hope Street), Hollywood,
Florida 33024-2910. Admitted that said policy was in full force and effect on the alleged date of
loss. Denied for any other purpose. See a copy of the applicable policy of insurance attached
hereto as Exhibit “A”.

9. Denied, and Defendant demands strict proof thereof. Specifically, and waiver of
policy conditions must be in writing, and no such waiver was ever given by Citizens.

10. Denied.

11. Denied, and Defendant demands strict proof thereof. Specifically, and waiver of
policy conditions must be in writing, and no such waiver was ever given by Citizens.

COUNT I—- BREACH OF CONTRACT
Defendant readopts and realleges Paragraphs 1 through 11 above as if fully stated herein,

and further alleges as follows:

12. Denied.
13. Denied.
14. Denied.
15. Denied.

COUNT II — PETITION FOR DECLARATORY RELIEF

 

16 — 23. Defendant is intentionally not responding to these allegations as it has
separately filed its Motion to Dimiss.
AFFIRMATIVE DEFENSE
Citizens pleads limited affirmative defenses to Plaintiffs’ Complaint. Under Florida law,
a defendant is entitled to defend its case in two ways: (1) by challenging a plaintiff’s ability to

prove the essential elements of his or her claims, and (2) by asserting affirmative defenses thatJimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)

seek to justify allegedly improper conduct, rather than to disprove it. In State v. Cohen, 568 So.
2d 49 (Fla. 1990), the Florida Supreme Court explained the difference between affirmative
defenses and defenses to liability as follows:

An “affirmative defense” is any defense that assumes the

complaint or charges to be correct but raises other facts that, if

true, would establish a valid excuse or justification or a right to

engage in the conduct in question. An affirmative defense does not

concern itself with elements of the offense at all; it concedes them.
Id. at 51-52. The Court explained that defenses that argue “Yes, I did it, but I had a good reason”
are affirmative defenses, while those that simply argue “I did not do it” are not affirmative
defenses. Jd. See also Martin County v. Edenfield, 609 So.2d 27, 29 (Fla. 1992) (explaining that,

under Florida law, “a ‘defense’ is any allegation raised by the defendant that, if true, would
defeat or avoid the plaintiffs cause of action”). That said, Citizens pleads the following
affirmative defenses:
FIRST AFFIRMATIVE DEFENSE

As its first affirmative defense, Citizens has already paid the full value of the claim (less
deductible and depreciation) of the covered damages, pursuant to the express terms of the policy,
and therefore Plaintiff has been fully indemnified, and no further payment is owed under the
subject policy.

RESERVATION OF RIGHTS

The Defendant, Citizens Property Insurance Corporation, reserves the right to amend or

supplement its Affirmative Defenses, including but not limited to asserting any and all coverage

defenses and/or exclusions provided by the insurance policy and/or at law as more facts and

information become known through the course of discovery.Jimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
DEMAND FOR JURY TRIAL

Defendant demands a trial by jury of all issues so triable by a jury as a matter of law and
right.

WHEREFORE, for all the foregoing, the Defendant prays that this Honorable Court
grant judgment in its favor, award tax costs and interest, allow trial by jury, and grant any and all
other relief as is deemed just and reasonable.

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been

sent by e-mail on this the 2nd day of September, 2020, to Alan M. Blose, Esq., The Diener

Firm, P.A., Attorneys for Plaintiff, alan@dienerfirm.com, service@dienerfirm.com,
denise@dienerfirm.com.

BRONSTEIN & CARMONA, P.A.
Attorneys for Defendant

8000 Peters Road, Suite A-200

Fort Lauderdale, FL 33324

(954) 358-0444 — Phone

(954) 358-0445 — Fax

service@bronstein-carmona.com

By: /s/
Michael R. Podolsky
Florida Bar No: 105484EXHIBIT "A"

CITIZENS PROPERTY INSURANCE CORPORATION

2101 MARYLAND CIRCLE ©
TALLAHASSEE, FL 32303 Qq C ITI ZE N S

TELEPHONE: (888) 685-1555

PROPERTY INSURANCE CORPORATION

 

AFFIDAVIT OF CUSTODIAN OF RECORDS

(Florida Evidence Code §§ 90.803(6) and 90.902(11), Fla. Stat.)

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.

Attached hereto is a copy of Citizens’ Policy No. 02411300 of policyholder
Jimmy Amaya.

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.

This record was made at or near the time of the act.

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.

October 25, 2019
Date Teneka Turner

Records Assistant
Citizens Property Insurance Corporation

 

Gary Aubuchon, Interim Chairman, Lee County ¢ Bette Brown, Monroe County
Blake Capps, Martin County e 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
,. 301 W BAY ST
citi ZENS JACKSONVILLE FL 32202

PROPERTY INSURANCE CORPORATION

Homeowners HO-3 Special Form Policy - Declarations

 

 

 

POLICY NUMBER: 02411300 - 1 POLICY PERIOD: FROM 05/01/2017 TO 05/01/2018

at 12:01 a.m. Eastern Time at the Location of the Residence Premises
Transaction: AMENDED DECLARATIONS Effective: 05/31/2017
Named Insured and Mailing Address: Location Of Residence Premises: Agent: Fl. Agent Lic. #: A230993
First Named Insured: 6635 HOOD ST RUBEN SANCHEZ INSURANCE AGENCY
Jimmy Amaya HOLLYWOOD FL 33024-2910 INC.
6635 HOOD ST County:BROWARD. Ruben Sanchez
HOLLYWOOD, FL 33024-2910 16300 NW 59TH AVE
Phone Number: 305-987-5737 MIAMI LAKES, FL 33014

Phone Number: 305-826-2300
Citizens Agency ID#: 1083

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 Hurricane Deductible: $2,920 (2%)
LIMIT OF LIABILITY ANNUAL PREMIUM
SECTION | - PROPERTY COVERAGES. $3,898
A. Dwelling : $146,000
B. Other Structures: $2,920
C. Personal Property: $36,500
D. Loss of Use: $14,600
SECTION II - LIABILITY COVERAGES,
E. Personal Liability: $100,000 $19
F. Medical Payments: $2,000 INCLUDED
OTHER COVERAGES
Ordinance or Law Limit (25% of Cov A) (See Policy) Included
SUBTOTAL: $3,917
Florida Hurricane Catastrophe Fund Build-Up Premium: $57
Premium Adjustment Due To Allowable Rate Change: ($1,060)

MANDATORY ADDITIONAL CHARGES:

2012 Florida Insurance Guaranty Association (FIGA) Regular Assessment $4
Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2
Tax-Exempt Surcharge $51
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $2,971
The portion of your premium for:
Hurricane Coverage is $807 Non-Hurricane Coverage is $2,107
Authorized By: Ruben Sanchez Processed Date: 06/15/2017

 

DEC HO3 07 16 First Named Insured Page 1 of 4CITIZENS PROPERTY INSURANCE CORPORATION
C/.. 301 W BAY ST
cm ZENS JACKSONVILLE FL 32202
ROPERT INSURANCE CORPORATION
Homeowners HO-3 Special Form Policy - Declarations

Policy Number: 02411300 - 1 POLICY PERIOD: FROM 05/01/2017 TO 05/01/2018
First Named Insured: Jimmy Amaya at 12:01 a.m, Eastern Time at the Location of the Residence Premises

Forms and Endorsements applicable to this policy:
CIT 23 70 07 08, HO 04 16 04 91, CIT 24 07 08, CIT 04 96 02 16, CIT HO-3 10 16

 

Rating/Underwriting Information

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Year Built: 1955]| Protective Device - Burglar Alarm: Yes
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: 035 / 00} Terrain: Cc
‘Wind / Hail Exclusion: No] Roof Cover: Non-FBC Equivalent

459]| Roof Cover - FBC Wind Speed: N/A}
Municipal Code - Fire: 459] Roof Cover - FBC Wind Design: N/A
Occupancy: Owner Occupied || Roof Deck Attachment: Level C
Use: Primary ] Roof-Wall Connection: Toe Nail
Number of Families: 1|| Secondary Water Resistance: No|
Protection Class: 1|| Roof Shape: Gable’
Distance to Hydrant (ft.): 500] Opening Protection: None
Distance to Fire Station (mi.): 1

 

 

 

A premium adjustment of ($106) 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 13% credit.

The Total Charge For This Endorsement is ($22)

 

ADDITIONAL NAMED INSURED(S)

 

Name Address
|Amelis Ramos 6635 HOOD ST HOLLYWOOD, FL 33024-2910

 

 

ADDITIONAL INTEREST(S)
# Interest Type Name and Address Loan Number

CMG MORTGAGE INC ISAOA
3160 CROW CANYON RD STE 400 SAN RAMON, CA 94583-1382 REA000001647

 

1 1st Mortgagee

 

 

 

 

DEC HO3 07 16 First Named Insured Page 2 of 4CITIZENS PROPERTY INSURANCE CORPORATION
C/.. 301 W BAY ST
cm ZENS JACKSONVILLE FL 32202
ROPERT INSURANCE CORPORATION
Homeowners HO-3 Special Form Policy - Declarations

Policy Number: 02411300 - 1 POLICY PERIOD: FROM 05/01/2017 TO 05/01/2018
First Named Insured: Jimmy Amaya at 12:01 a.m, Eastern Time at the Location of the Residence Premises

FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY.

THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE
FOR HURRICANE LOSSES, WHICH MAY RESULT
IN HIGH OUT-OF-POCKET EXPENSES TO YOU.

YOUR POLICY PROVIDES COVERAGE FORA
CATASTROPHIC GROUND COVER COLLAPSE THAT
RESULTS IN THE PROPERTY BEING CONDEMNED AND
UNINHABITABLE. OTHERWISE, YOUR POLICY DOES
NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES.
YOU MAY PURCHASE ADDITIONAL COVERAGE FOR
SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.

LAW AND ORDINANCE COVERAGE IS AN IMPORTANT
COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU
MAY ALSO NEED TO CONSIDER THE PURCHASE OF
FLOOD INSURANCE FROM THE NATIONAL FLOOD
INSURANCE PROGRAM. WITHOUT THIS COVERAGE,
YOU MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS
THESE COVERAGES WITH YOUR INSURANCE AGENT.

 

 

 

 

 

DEC HO3 07 16 First Named Insured Page 3 of 4CITIZENS PROPERTY INSURANCE CORPORATION
,. 301 W BAY ST
citi ZENS JACKSONVILLE FL 32202

PROPERTY INSURANCE CORPORATION

Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 02411300 - 1 POLICY PERIOD: FROM 05/01/2017 TO 05/01/2018

First Named Insured: Jimmy Amaya at 12:01 a.m, Eastern Time at the Location of the Residence Premises

IN CASE OF A LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES SOLELY
TO PROTECT THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS

(MAY NOT EXCEED THE GREATER OF $3,000 OR 1% OF YOUR COVERAGE A LIMIT OF LIABILITY UNLESS YOU
CALL US FIRST AND RECEIVE OUR APPROVAL). 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. TO REPORT A LOSS OR
CLAIM CALL 866.411.2742

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 888.685.1555,

 

DEC HO3 07 16 First Named Insured Page 4 of 4HOMEOWNERS
HO 04 16 0491

PREMISES ALARM OR
FIRE PROTECTION SYSTEM

 

For a premium credit, we acknowledge the installation of an alarm system or automatic sprinkler system ap-
proved by us on the "residence premises." You agree to maintain this system in working order and to let us know
promptly of any change made to the system or if it is removed.

HO 04 16 0491 Copyright, Insurance Services Office, Inc., 1990 Page 1 of 1CIT HO-3 10 16
CITIZENS HOMEOWNERS 3 - SPECIAL FORM
TABLE OF CONTENTS
GENERAL
Agreement 1 A6. War 18
Definitions 1 A.7. Nuclear Hazard 18
A.8. Intentional Loss 18
SECTION | - PROPERTY COVERAGES A.9. Loss Caused By “Sinkhole” 18
A.10. “Fungi”, Wet Or Dry Rot, Yeast
A. Coverage A - Dwelling 4 Or Bacteria 18
B. Coverage B - Other Structures 4 A.11. Existing Damage 18
C. Special Limit Of Liability A.12. Constant Or Repeated Seepage
Coverages A, B & D 5 Or Leakage Of Water Or Steam 18
D. Coverage C - Personal Property 5 A.13. Accidental Discharge Or Overflow
1. Covered Property 5 Of Water Or Steam 18
2. Limit For Property At Other Locations 5 B.1. Weather Conditions 18
3. Special Limits Of Liability 5 B.2. Acts or Decisions 19
4. Property Not Covered 6 B.3. Faulty, Inadequate Or Defective 19
E. Coverage D - Loss Of Use 7
F. Additional Coverages SECTION | - CONDITIONS
1. Debris Removal 7
2. Reasonable Emergency Measures 8 A. Insurable Interest And Limit of Liability 19
3. Trees, Shrubs and Other Plants 8 B. Duties After Loss 19
4. Fire Department Service Charge 8 C. Loss Settlement 20
5. Property Removed 8 D. Loss To A Pair Or Set 21
6. Credit Card, Fund Transfer Card, E. Glass Replacement 21
Forgery and Counterfeit Money 8 F. Mediation Or Appraisal 21
7. Loss Assessment 9 G. Other Insurance And Service
8. Collapse 9 Agreement 22
9. Glass Or Safety Glazing Material 10 H. Suit Against Us 22
10. Landlord's Furnishings 10 |. Our Option 23
11. “Fungi”, Wet Or Dry Rot, J. Loss Payment 23
Yeast Or Bacteria 11 K. Abandonment Of Property 23
12. Ordinance or Law 11 L. Mortgage Clause 23
M. No Benefit To Bailee 24
SECTION | - PERILS INSURED AGAINST N. Nuclear Hazard Clause 24
O. Recovered Property 24
A. Coverages A & B 12 P. Volcanic Eruption Period 24
B. Coverage C 15 Q. Adjustment To Property Coverage Limits 24
R. Deductible 24
SECTION | - EXCLUSIONS S. Policy Period 24
T. Concealment Or Fraud 24
A.1. Ordinance Or Law 16
A2. Earth Movement And Settlement 17 SECTION Il - LIABILITY COVERAGES
A.3. Water Damage 17
AA. Power Failure 17 A. Coverage E — Personal Liability 24
A5. Neglect 18 B. Coverage F — Medical Payments
To Others 25
CIT HO-3 10 16 Includes copyrighted material of Insurance Services Office, Inc., Page i

HOMEOWNERS.

with its permissionSECTION Il - EXCLUSIONS

rTommovom>y

. Motor Vehicle Liability 25
. Watercraft Liability 25

Personal Watercraft Liability 26
. Aircraft Liability 26
. Hovercraft Liability 26

Coverage E & F 26
. Coverage E 27
. Coverage F 28

SECTION II - ADDITIONAL COVERAGES

A.
B.
Cc.
D.

Claim Expenses 28
First Aid Expenses 28
Damage To Property Of Others 28
Loss Assessment 28

SECTION Il - CONDITIONS

m 9Om>

ACUraN

Limit Of Liability 29
Severability Of Insurance 29
Duties After Occurrence 30
Duties Of An Injured Person —- Coverage
F — Medical Payments To Others 30
Payment Of Claim - Coverage
F — Medical Payments To Others 30
Suit Against Us 30
. Bankruptcy Of An Insured 30
Other Insurance 30
Joint Obligations 30
Policy Period 30
Concealment Or Fraud 30

SECTIONS | AND II - CONDITIONS

ACU TOMMOOD>

Liberalization Clause 31
Waiver Or Change Of Policy Provisions 31
Cancellation 31
Nonrenewal 32
Assignment 34
Salvage 34
Subrogation 34
Inspections And Surveys 34
Notification Regarding Access 34
Death 34
Renewal Notification 34

CIT HO-3 010 Includes copyrighted material of Insurance Services Office, Inc.,
16 with its permission

HOMEOWNERS
CIT HO-3 10 16

Page iiCITIZENS HOMEOWNERS 3 - SPECIAL FORM

AGREEMENT

This Policy is issued on behalf of the Citizens Property
Insurance Corporation and by acceptance of this
Policy you agree:

1. That the statements in the Application(s) are your
representations;

2. That this Policy is issued in reliance upon the truth
of those representations;

3. That this Policy embodies all agreements existing
between you and the Citizens Property Insurance
Corporation relating to this Policy.

We will provide the insurance described in this Policy
in return for the premium and compliance with all
applicable provisions of this Policy.

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.

B. In addition, certain words and phrases are defined
as follows:

41. "Aircraft Liabi Hovercraft Liability", "Motor
Vehicle Liability", “Personal Watercraft
Liability’, and "Watercraft Liability", subject to
the provisions in 1.b. below, mean the
following:

a. Liability for "bodily injury" or “property
damage" arising out of the:
(1) Ownership of such vehicle or craft by an
"insured";

(2) Maintenance, occupancy, operation,
use, loading or unloading of such
vehicle or craft by any person;

(3) Entrustment of such vehicle or craft by
an “insured” to any person;

(4) Failure to supervise or negligent
supervision of any person involving
such vehicle or craft by an "insured"; or

(5) Vicarious liability, whether or not
imposed by law, for the actions of a child
or minor involving such vehicle or craft.

 

 

 

CIT HO-3 10 16 Includes copyrighted material of Insurance Services Office, Inc.,
with its permission

b, For the purpose of this definition:

(1) Aircraft means any contrivance used or
designed for flight except model or
hobby aircraft not used or designed to
carry people or cargo;

Hovercraft means a_ self-propelled
motorized ground effect vehicle and
includes, but is not limited to, flarecraft
and air cushion vehicles;

Watercraft means a_ craft principally
designed to be propelled on or in water
by wind, engine power or electric motor
and is not a “personal watercraft”;

Motor vehicle means a "motor vehicle"
as defined in 9. below; and

(5) Personal watercraft means a "personal
watercraft" as defined in 11. below.

. "Bodily injury" means bodily harm, sickness or
disease, including required care, loss of
services and death that results.

. "Business" means:

a. A trade, profession or occupation engaged
in on a full-time, part-time or occasional
basis; or

b. Any other activity engaged in for money or
other compensation, except the following:

(1) One or more activities, not described in
(2) through (4) below, for which no
"insured" receives more than $2,000 in
total compensation for the 12 months
before the beginning of the policy
period;

Volunteer activities for which no money
is received other than payment for
expenses incurred to perform the
activity;

Providing home day care services for
which no compensation is received,
other than the mutual exchange of such
services; or

(4) The rendering of home day care
services to a relative of an "insured".

(2

3)

(4)

2

3)

4. “Catastrophic ground cover collapse” means

geological activity that results in all of the
following:

a. The abrupt collapse of ground cover;

Page 1 of 34b. A depression in the ground cover clearly
visible to the naked eye;

c, “Structural damage” to the “principal
building”, including the foundation; and

d. The “principal building” being condemned
and ordered to be vacated by the
governmental agency authorized by law to
issue such an order for that “principal
building”.

5. "Employee" means a person employed by an
“insured”, or an employee leased to an
“insured” by a labor leasing firm under an
agreement between an "insured" and the labor
leasing firm, whose duties are other than those
performed by a "residence employee".

. "Fungi" means any type or form of fungus,
including:
a. Mold or mildew; and

b. Any mycotoxins, toxins, spores, scents or
byproducts produced or released by fungi.

Under Section Il, this does not include any
fungi, yeast or bacteria that are, are on or are
contained in a good or product intended for
consumption.

. "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;

b. A student enrolled in school full-time, as
defined by the school, who was a resident
of your household before moving out to
attend school, provided the student is under
the age of:

(1) 24 and your relative; or

(2) 21 and in your care or the care of a
resident of your household who is your
relative; or

c. Under Section Il, "insured" also means:

(1) With respect to watercraft to which this
Policy applies, any person. or
organization legally responsible for
watercraft which are owned by you or
any person described in 7.a. or 7.b.
above.

“Insured” does not mean a person or
organization using or having custody of
the watercraft in the course of any
"business" or without consent of the
owner; or

CIT HO-3 10 16

10.

Includes copyrighted material of Insurance Services Office, Inc.,

with its permission

HOMEOWNERS
CIT HO-3 10 16

(2) With respect to a “motor vehicle” to
which this Policy applies:

(a) Persons while engaged in your
employ or that of any person
described in 7.a. or 7.b.; or

(b) Other persons using the vehicle on
an “insured location" with your
consent.

Under both Sections | and Il, when the word an
immediately precedes the word “insured”, the
words an "insured" together mean one or more
"insureds".

. "Insured location" means:

a. The "residence premises";

b. The part of other premises, other structures
and grounds used by you as a residence;
and:

(1) Which is shown in the Declarations as
“Location of Residence Premises”; or

(2) Which is acquired by you during the
policy period for your use as a
residence;

c. Any premises used by you in connection
with a premises described in 8.a. and 8.b.
above;

d. Any part of a premises:
(1) Not owned by an "insured"; and

(2) Where an "insured" is temporarily
residing;
e. Vacant land, other than farm land, owned
by or rented to an "insured";

f. Land owned by or rented to an "insured" on
which a one or two family dwelling is being
built as a residence for an "insured";

g. Individual or family cemetery plots or burial
vaults of an "insured"; or

h. Any part of a premises occasionally rented
to an “insured” for other than "business"
use.

. "Motor vehicle" means:

a. A self-propelled land or amphibious vehicle;
or

b. Any trailer or semitrailer which is being
carried on, towed by or hitched for towing
by a vehicle described in 9.a. above.

“Occurrence" means an accident, including
continuous or repeated exposure to
substantially the same general harmful
conditions, which results, during the policy
period, in:

a. “Bodily injury"; or

Page 2 of 3411.

12.

13.

14,

15.

16.

CIT HO-3 10 16

b. "Property damage".
“Personal watercraft” means:

a. A watercraft that the rider sits, kneels or
stands on rather than inside of, designed to
carry one to four people, propelled by a
water jet pump; or

b. A watercraft designed to be partially or fully
submersible.

“Primary structural member’ means a
structural element designed to provide support
and stability for the vertical or lateral loads of
the overall structure.

“Primary structural system” means an
assemblage of “primary structural members”.

“Principal building” means that part of your
dwelling on the "residence premises" shown in
the Declarations, including structures attached
to the dwelling as described under Section | -
Coverage A.

However, “principal building” does not include:

a. Appurtenant structures, driveways,
sidewalks, walkways, decks, patios, pools,
spas, or fences;

b. Buildings or other structures covered under
Coverage B;

c. Buildings, structures and other property
excluded or not covered in your Policy;

d. That part of other premises, other buildings,
other structures and grounds not located at
the “residence premises”; or

e. Materials and supplies located on or next to
the "residence premises" used to construct,
alter or repair any property other than the
“principal building” on the “residence
premises".

“Property damage" means physical injury to,

destruction of, or loss of use of tangible

property.

“Residence employee" means:

a. An employee of an “insured” or an
employee leased to an "insured" by a labor
leasing firm, under an agreement between
an "insured" and the labor leasing firm,
whose duties are related to the
maintenance or use of the “residence
premises", including household or domestic
services; or

b. One who performs similar duties elsewhere
not related to the "business" of an "insured".

A "residence employee" does not include a
temporary employee who is furnished to an
“insured" to substitute for a permanent
“residence employee" on leave or to meet
seasonal or short-term workload conditions.

17.

18.

Includes copyrighted material of Insurance Services Office, Inc.,

with its permission

HOMEOWNERS
CIT HO-3 10 16

"Residence premises" means:
a. The one family dwelling; or
b. That part of any other building;

where you reside and which is shown as the
“Location of Residence Premises" in the
Declarations.

“Residence premises" also means a two family
dwelling where you reside in at least one of the
family units and which is shown as the
"Location of Residence Premises" in the
Declarations.

"Residence premises" also includes other
structures and grounds at that location.

“Structural damage" means a_ “principal
building”, regardless of the date of its
construction, has experienced the following:

a. Interior floor displacement or deflection in
excess of acceptable variances as defined
in ACI 117-90 or the Florida Building Code,
which results in settlement related damage
to the interior such that the interior building
structure or members become unfit for
service or represents a safety hazard as
defined within the Florida Building Code;

b. Foundation displacement or deflection in
excess of acceptable variances as defined
in ACI 318-95 or the Florida Building Code,
which results in settlement related damage
to the “primary structural members” or
“primary structural systems” that prevents
those members or systems from supporting
the loads and forces they were designed to
support to the extent that stresses in those
“primary structural members” or “primary
structural systems” exceeds one and one-
third the nominal strength allowed under the
Florida Building Code for new buildings of
similar structure, purpose, or location;

c. Damage that results in listing, leaning or
buckling of the exterior load bearing walls
or other vertical “primary — structural
members” to an extent that a plumb line
passing through the center of gravity does
not fall inside the middle one-third of the
base as defined within the Florida Building
Code;

d. Damage that results in the building, or any
portion of the building containing “primary
structural members” or “primary structural
systems”, being significantly likely to
imminently collapse because of the
movement or instability of the ground within
the influence zone of the supporting ground
within the sheer plane necessary for the
purpose of supporting such building as
defined within the Florida Building Code; or

Page 3 of 3419.

20.

e. Damage occurring on or after October 15,
2005, that qualifies as “substantial
structural damage” as defined in the Florida
Building Code.

“Unoccupied” means the dwelling is not being
inhabited as a residence.

“Vacant” means the dwelling lacks the
necessary amenities, adequate furnishings, or
utilities and services to permit occupancy as a
residence.

SECTION |- PROPERTY COVERAGES

A. Coverage A — Dwelling

1.

CIT HO-3 10 16

We cover:

a. The dwelling on the "residence premises"
shown in the Declarations, including
structures attached to the dwelling; and

b. Materials and supplies located on or next to
the "residence premises" used to construct,
alter or repair the dwelling or other
structures on the "residence premises".

This coverage is limited to the “principal
building” for the peril of “catastrophic ground
cover collapse”.

. We do not cover:

a. Land, including land on which the dwelling
is located;

b. Carports, porches constructed to be open
to the weather, patios constructed to be
open to the weather, or pool enclosures,
any of which have a roof or covering of:

(1) Aluminum;
(2) One or more fiberglass panels;
(3) Plastic;
(4) Vinyl;
(5) Fabric; or
(6) Screening;
c. Awnings;

d. Any structure whether attached or separate
from the covered dwelling, that has a roof,
exterior wall, or covering, of thatch, grass,
palm, lattice, slats, or similar material;

e. Any attachment on the covered dwelling
comprised of thatch, grass, palm, lattice,
slats, or similar material; or

Slat houses, chickees, tiki huts, gazebos,
cabanas, canopies, pergolas, or similar
structures, all constructed to be open to the
weather.

Includes copyrighted material of Insurance Services Office, Inc.,
with its permission

HOMEOWNERS
CIT HO-3 10 16

B. Coverage B — Other Structures
1. We cover other structures on the "residence

premises" set apart from the dwelling by clear
space. This includes structures connected to
the dwelling by only a fence, utility line, or
similar connection.

. We do not cover:

a. Land, including land on which the other
structures are located;

b. Other structures rented or held for rental to
any person not a tenant of the dwelling,
unless used solely as a private garage;

c. Other structures from which any "business"
is conducted;

d. Other structures used to store "business"
property. However, we do cover a structure
that contains "business" property solely
owned by an "insured" or a tenant of the
dwelling, provided that "business" property
does not include gaseous or liquid fuel,
other than fuel in a permanently installed
fuel tank of a vehicle or craft parked or
stored in the structure;

e. Carports, porches constructed to be open
to the weather, patios constructed to be
open to the weather, or pool enclosures,
any of which have a roof or covering of:

(1) Aluminum;

(2) One or more fiberglass panels;
(3) Plastic;

(4) Vinyl;

(5) Fabric; or

(6) Screening;

. Awnings;

g. Any structure that has a roof, exterior wall,
or covering, of thatch, grass, palm, lattice,
slats, or similar material; or

h. Slat houses, chickees, tiki huts, gazebos,
cabanas, canopies, pergolas, or similar
structures, all constructed to be open to the
weather.

a

. This coverage does not apply to loss or

damage resulting from the peril of “catastrophic
ground cover collapse”.

|. The limit of liability for this coverage is shown

in your Declarations. Use of this coverage does
not reduce the Coverage A limit of liability.

Page 4 of 34CIT HO-3 10 16

C. Coverage A — Dwelling, Coverage B - Other
Structures and Coverage D - Loss of Use

1. Special Limit Of Liability

a. The total limit of liability for Coverages A, B
and D combined is $10,000 per policy
period for cosmetic or aesthetic damages to
floors.

b. Cosmetic or aesthetic damage includes
damage that covers less than 5% of the
total floor surface area of the building and
does not prevent typical use of the floor.

c. This limit includes the cost of tearing out
and replacing any part of the building
necessary to repair the damaged flooring.

d. Unless otherwise excluded, $10,000 is the
most we will pay for the total of all loss or
costs payable, including Loss of Use under
this Special Limit of Liability regardless of
the:

(1) Number of locations insured;

(2) Number of occurrences or claims made;
or

(3) Number of “insureds”.

e, This coverage does not increase the limit of
liability applying to Coverages A, B and D.

. This limit does not apply and does not
create coverage for damage to floors
caused by wear and tear, marring, chipping,
scratches, dents, deterioration, dropped
objects or loss excluded elsewhere in this
Policy.

g. This limit does not apply to cosmetic or
aesthetic damage to floors caused by a
Peril Insured Against as named and
described under Coverage C — Personal
Property.

*

D. Coverage C — Personal Property
1. Covered Property

We cover personal property owned or used by
an "insured" while it is anywhere in the world.
After a loss and at your request, we will cover
personal property owned by:

a. Others while the property is on the part of
the "residence premises" occupied by an
“insured"; or

b. A guest or a "residence employee", while

the property is in any residence occupied by
an “insured”,

HOMEOWNERS
CIT HO-3 10 16

2. Limit For Property At Other Locations

a. Our limit of liability for personal property
usually located at an "insured's" residence,
other than the "residence premises", is 10%
of the limit of liability for Coverage C, or
$1,000, whichever is greater.

b. Personal property in a newly acquired
principal residence is not subject to this
limitation for the 30 days from the time you
begin to move the property there.

3. Special Limits of Liability

These limits do not increase the Coverage C
limit of liability. The special limit for each
numbered category below is the total limit for
each loss for all property in that category.

a. $200 on money, bank notes, bullion, gold
other than goldware, silver other than
silverware, platinum, coins and medals.

b. $1,000 on securities, accounts, deeds,
evidences of debt, letters of credit, notes
other than bank notes, manuscripts,
personal records, passports, tickets,
stamps, trading cards, and comic books.

This dollar limit applies to these categories
regardless of the medium (such as paper or
computer software) on which the material
exists.

c. $1,000 on watercraft other than “personal
watercraft’, including their __ trailers,
furnishings, equipment and outboard
engines or motors.

d. $1,000 on trailers not used with watercraft.

e. $1,000 on jewelry, watches, furs, precious
and semi-precious stones.

f. $2,000 on firearms.

g. $2,500 on silverware, silver-plated ware,
goldware, gold-plated ware, platinum,
platinumware, platinum-plated ware and
pewterware.

This includes flatware, hollowware, tea
sets, trays and trophies made of or
including silver, gold, platinum or pewter.

h. $2,500 on property, on the "residence
premises," used at any time or in any
manner for any “business” purpose.

i. $250 on property, away from the "residence
premises", used at any time or in any
manner for any "business" purpose.

However, this limit does not apply to loss to
adaptable electronic apparatus as
described in Special Limits j. and k. below.

Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 34
with its permissionj. $1,000 for loss to electronic apparatus (for
the covered perils except theft, which is
hereby excluded from coverage), while in or
upon a motor vehicle or other motorized
land conveyance; if the electronic
apparatus is equipped to be operated by
power from the electrical system of the
vehicle or conveyance while retaining its
capability of being operated by other
sources of power.

Electronic apparatus includes:
(1) Accessories and antennas; or

(2) Tapes, wires, records, discs or other
media;

for use with any electronic apparatus

described in this item j.

k. $1,000 for loss to electronic apparatus (for
all covered perils except theft, which is
hereby excluded from coverage), while not
in or upon motor vehicle or other motorized
land conveyance; if the electronic
apparatus:

(1) Is equipped to be operated by power
from the electrical system of the vehicle
or conveyance while retaining _ its
capability of being operated by other
sources of power;

(2) Is away from the “residence premises”;
and

(3) Is used at any time or in any manner for
any “business” purposes.

Electronic apparatus includes:
(1) Accessories and antennas; or

(2) Tapes, wires, records, discs or other
media;

for use with any electronic apparatus

described in this item k.

|. $500 is the maximum loss payable for
covered property stored in freezers or
refrigerators on the “residence premises”.

HOMEOWNERS
CIT HO-3 10 16

c, “Motor vehicles’ or all other motorized land
conveyances. This includes:

(1) Their equipment and accessories; or

(2) Electronic apparatus that is designed to
be operated solely by use of the power
from the electrical system of:

(a) Motor vehicles; or

(b) All other motorized land
conveyances.

Electronic apparatus includes:

(a) Accessories and antennas; or

(b) Tapes, wires, records, discs or other
media;

for use with any electronic apparatus

described in this item c.(2).

The exclusion of property described in c.(1)
and ¢.(2) above applies only while the
property is in or upon the vehicle or
conveyance.

(3) We do cover vehicles or conveyances
not subject to motor vehicle registration
which are:

(a) Located on the “residence premises”
and used solely to service an
“insured’s” residence;

A motorized golf cart located on the
“residence premises” or while being
operated to or from, or on the
premises of a golf course; or

(c) Designed for assisting _ the
handicapped.

The coverage described in c.(3) above
does not apply to land conveyances
including, but not limited to, all terrain
vehicles, utility terrain vehicles, mopeds,
scooters not designed to assist the
handicapped, motorcycles, and
motorized bicycles, whether subject to
motor vehicle registration or not.

d. Aircraft and parts.

(b

Paragraphs 1., 2. and 3. do not apply to personal
property when the limit of liability for Coverage C
shown in your Declarations is $0.

4. Property Not Covered

Aircraft means any contrivance used or
designed for flight, except model or hobby
aircraft not used or designed to carry

We do not cover:

a. Articles separately described and
specifically insured in this or other
insurance;

people or cargo;

e. Property of roomers, boarders and other
tenants, except property of roomers and
boarders related to an "insured";

f. Property in an apartment regularly rented or

b. Animals, birds or fish; held for rental to others by an "insured",
except as provided in Additional Coverages

F.10.;

CIT HO-3 10 16 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 34
with its permissiong. Property rented or held for rental to others
off the "residence premises",

h. "Business" data, including such data stored
in:
(1) Books of account, drawings or other
paper records; or

(2) Electronic data processing tapes, wires,
records, discs or other software media;

However, we do cover the cost of blank
recording or storage media, and of pre-
recorded computer programs available on
the retail market;

. Credit cards or fund transfer cards except
as provided in Additional Coverages F.6.;

. Personal property stored in freezers or
refrigerators located off the “residence
premises";

k. “Personal watercraft’; or
|. Water or steam.

However, we cover the removal and
replacement of water in a swimming pool
located on the “residence premises”, when
there is covered loss or damage to the
swimming pool caused by a Peril Insured
Against and a covered repair to the
swimming pool requires the removal of all
or a portion of the water.

HOMEOWNERS
CIT HO-3 10 16

a. The fair rental value of that part of the
“residence premises” rented to others or
held for rental by you less any expenses
that do not continue while the premises is
not fit to live in.

Payment will be for the shortest time required
to repair or replace that part of the premises
rented or held for rental.

In either event, the payment(s) will be limited
to 24 consecutive months from the date of the
covered loss.

3. Civil Authority Prohibits Use

If a civil authority prohibits you from use of the
"residence premises" as a result of direct
damage to neighboring premises by a Peril
Insured Against in this Policy, we cover the
Additional Living Expense and Fair Rental
Value loss as provided under 1. and 2. above
for no more than 2 weeks.

The periods of time under 1., 2. and 3. above are
not limited by expiration of this Policy.

We do not cover loss or expense due to
cancellation of a lease or agreement.

F. Additional Coverages
1. Debris Removal

a. We will pay your reasonable expense for
the removal of:

E. Coverage D - Loss Of Use (1) Debris of covered property if a Peril

The limit of liability for Coverage D is the total limit Insured Against that applies to the
for all the coverages that follow. damaged property causes the loss; or
1. Additional Living Expense (2) Ash, dust or particles from a volcanic

CIT HO-3 10 16

If a loss covered under SECTION | makes that

part of the “residence premises” where you

reside not fit to live in, we cover the Additional

Living Expense, meaning:

a. Any necessary increase in living expenses
incurred by you so that your household can
maintain its normal standard of living.

Payment will be for the shortest time required
to:

a. Repair or replace the damage; or

b. If you permanently relocate, the shortest
time required for your household to settle
elsewhere.

In either event, the payment(s) will be limited
to 24 consecutive months from the date of the
covered loss.

. Fair Rental Value

If a loss covered under SECTION | makes that
part of the “residence premises” rented to
others or held for rental by you not fit to live in,
we cover the Fair Rental Value, meaning:

eruption that has caused direct loss to a

building or property contained in a

building.
This expense is included in the limit of
liability that applies to the damaged
property. If the amount to be paid for the
actual damage to the property plus the
debris removal expense is more than the
limit of liability for the damaged property, an
additional 5% of that limit of liability is
available for debris removal expense.

b. We will also pay the reasonable expense
you incur, up to $500, for the removal from
the "residence premises" of:

(1) Your tree(s) felled by the peril of
Windstorm or Hail;

(2) Your tree(s) felled by the peril of Weight
of Ice, Snow or Sleet; or

(3) A neighbor's tree(s) felled by a Peril
Insured Against under Coverage C;

provided the tree(s) damages a covered
structure.

Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 34

with its permissionThe $500 limit is the most we will pay in any
one loss regardless of the number of fallen
trees.

2. Reasonable Emergency Measures

a. We will pay up to the greater of $3,000 or
1% of your Coverage A limit of liability for
the reasonable costs incurred by you for
necessary measures taken solely to protect
covered property from further damage,
when the damage or loss is caused by a
Peril Insured Against.

b. We will not pay more than the amount in a.
above, unless we provide you approval
within 48 hours of your request to us to
exceed the limit in a. above. In such
circumstance, we will pay only up to the
additional amount for the measures we
authorize.

If we fail to respond to you within 48 hours
of your request to us and the damage or
loss is caused by a Peril Insured Against,
you may exceed the amount in a. above
only up to the cost incurred by you for the
reasonable emergency measures
necessary to protect the covered property
from further damage.

c. If however, form CIT 24 is part of your
Policy and a covered loss occurs during a
hurricane as described in form CIT 24, the
amount we pay under this additional
coverage is not limited to the amount in a.
above.

d. Areasonable measure under this Additional
Coverage F.2. may include a permanent
repair when necessary to protect the
covered property from further damage or to
prevent unwanted entry to the property. To
the degree reasonably possible, the
damaged property must be retained for us
to inspect.

e. This coverage does not:

(4) Increase the limit of liability that applies
to the covered property;

(2) Relieve you of your duties, in case of a
loss to covered property, as set forth in
SECTION I - CONDITION B.;

(3) Pay for property not covered, or for

HOMEOWNERS
CIT HO-3 10 16

. Fire or Lightning;

. Explosion;

;. Riot or Civil Commotion;

. Aircraft;

. Vehicles not owned or operated by a
resident of the "residence premises";

f. Vandalism or Malicious mischief; or

g. Theft.

We will pay up to 5% of the limit of liability that
applies to the dwelling for all trees, shrubs,
plants or lawns. No more than $500 of this limit
will be available for any one tree, shrub or
plant.

We do not cover property grown for "business"
purposes.
This coverage is additional insurance.

9aaan8

. Fire Department Service Charge

We will pay up to $500 for your liability
assumed by contract or agreement for fire
department charges incurred when the fire
department is called to save or protect covered
property from a Peril Insured Against.

We do not cover fire department service
charges if the property is located within the
limits of the city, municipality or protection
district furnishing the fire department response.

This coverage is additional insurance.
No deductible applies to this coverage.

. Property Removed

We insure covered property against direct loss
from any cause while being removed from a
premises endangered by a Peril Insured
Against and for no more than 30 days while
removed. This coverage does not change the
limit of liability that applies to the property being
removed.

. Credit Card, Fund Transfer Card, Forgery

And Counterfeit Money
a. We will pay up to $500 for:

(1) The legal obligation of an "insured" to
pay because of the theft or unauthorized
use of credit cards issued to or
registered in an "insured's" name;

repairs resulting from a peril not (2) Loss resulting from theft or unauthorized
covered, or for loss excluded in this use of a fund transfer card used for
i deposit, withdrawal or transfer of funds,
Policy. : : A me tet
issued to or registered in an "insured's'
3. Trees, Shrubs And Other Plants name;

We cover trees, shrubs, plants or lawns, on the (3) Loss to an "insured" caused by forgery
“residence premises", for loss caused by the or alteration of any check or negotiable

following Perils Insured Against: instrument; and
CIT HO-3 10 16 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 34

with its permission(4) Loss to an "insured" through
acceptance in good faith of counterfeit
United States or Canadian paper
currency.

b. We do not cover use of a cre