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Filing# 137851938 E-Filed 1 1/03/2021 04:34:03 PM
IN THE COUNTY COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
VALLI LENTINI CASE NO.: CACE-21-003799
Plaintiffs,
VS.
HOMEOWNERS CHOICE PROPERTY
& CASUALTY INSURANCE COMPANY, INC.
Defendant.
i
DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT, AFFIRMATIVE
DEFENSES, AND DEMAND FOR JURY TRIAL
Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE
COMPANY, INC. ("HOMEOWNERS CHOICE"), by and through the undersigned counsel and
in accordance with the applicableFlorida Rules of Civil Procedure, files this Answer and
Affirmative Defenses and demand for jury trial to Plaintiffs' Complaint, and states:
1. Admitted for jurisdictional
purposes only.Denied Plaintiffs are entitled to relief.
2. Admitted.
3 Without knowledge, therefore denied.
4. Admitted that Defendant issued subjectinsurance policy for Plaintiff's property.
are without knowledge, therefore denied.
All other allegations
5. Admitted.
6. Admitted Plaintiffs suffered damage to the subjectproperty. All other allegations
are denied.
7. Denied as phrased.
COUNTI
Defendant reallegesits responses to Paragraphs 1 through 7 as fullyset forth above.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/03/2021 04:34:03 PM.****
Page 2 of 6
8 Denied.
9- Denied.
10. Denied.
11. Denied.
AFFIRMATIVE DEFENSES
1. As its First Affirmative Defense, HOMEOWNERS CHOICE asserts Plaintiffs'
secured a homeowner's insurance policybearingpolicynumber H06-253273-8 (hereinafter the
"Policy")which insured the property located at 1233 West Lakes Drive, Deerfield Beach, Florida
33442 (hereinafter
called "the property")with effective dates of September 2, 2018 through
September 2, 2019 which controls the rightsand obligations
ofthe parties.
2. As its Second Affirmative Defense, HOMEOWNERS CHOICE asserts Plaintiffs'
Claim is limited to any and all Policy terms, conditions,exclusions,limitations and amount of
coverage available.
3. As its Third Affirmative Defense, HOMEOWNERS CHOICE PROPERTY &
CASUALTY asserts Plaintiffs' claim is inflated,and Plaintiffs seek compensation o f damages not
by the extent of the
justified loss and services necessary to repairthe Property.
4. As its Fourth Affirmative Defense, HOMEOWNERS CHOICE PROPERTY &
CASUALTY asserts that Defendant is entitled to a setoff of the applicablepolicy deductible
againstany recovery by Plaintiffs.
5. As its Fifth Affirmative Defense, Recovery for damages to Plaintiff's property is
barred by Plaintiff's failure to comply with the followingpolicyprovision:
SECTION I - PERILS INSURED AGAINST
COVERAGE A - DWELLING and COVERAGE B - OTHER STRUCTURES
Page 3 of 6
1. We insure againstrisk of direct loss to property described in Coverages A and B
only if that Loss is a physicalloss to property.
2. We do not insure,however, for loss:
***
b. Caused by:
***
(f)Any ofthe following:
(1) Wear and tear, marring,deterioration;
(2) Inherent vice, latent defect or mechanical breakdown;
***
(6) Settling,
shrinking,bulging or expansion,includingresultant cracking,of
pavements, patio,foundations,walls,floors,roofs or ceilings;
Under the foregoingpolicylanguage,no coverage is afforded for Plaintiff's claim since
the damage is a direct result of long-termwear, tear, and deterioration,
inherent vice,latent
shrinking,or bulging which are specifically
defect,mechanical breakdown, settling, excluded
under the Policy.
6. As its Sixth Affirmative Defense, HOMEOWNERS CHOICE asserts that
Recovery for damages to Plaintiffs' property is barred by Plaintiffs' failure to comply with the
followingFlorida Statute:
718.111 The association
(11) INSURANCE.-In order to protect the safety, health,and welfare of the people of
the State of Florida and to ensure consistencyin the provisionof insurance coverage to
condominiums and their unit owners, this subsection appliesto every residential
condominium in the state, regardlessofthe date of its declaration of condominium. It is
the intent of the Legislatureto encourage lower or stable insurance premiums for
associations described in this subsection.
(f)Every property insurance policyissued or renewed on or after January 1, 2009, for
the purpose of protectingthe condominium must provideprimary coverage for:
1. All portionsof the condominium property as originally
installed or replacement of
like kind and quality,in accordance with the originalplans and specifications.
2. All alterations or additions made to the condominium property or association
property pursuant to 718.113(2).
s.
3. The coverage must exclude
all personalproperty within the unit or limited
common elements, and floor,wall, and ceilingcoverings,electrical fixtures,
built-in cabinets and countertops, and
appliances,water heaters,water filters,
window treatments, includingcurtains,drapes,blinds,hardware, and similar
window treatment components, or replacementsof any of the foregoingwhich
Page 4 of 6
are located within the boundaries of the unit and serve
only such unit. Such
property and any insurance thereuponis the responsibility
of the unit owner.
7. As its Seventh Affirmative Defense, HOMEOWNER CHOICE asserts that
Recovery for damages to Plaintiffs' property is barred by Plaintiffs' failure to comply with the
followingpolicyprovision:
SECTION I - CONDITIONS
***
2. Duties After Loss.
In case of a loss to covered property, we have no duty to providecoverage under this
to us. These
policyif the failure to comply with the followingduties is prejudicial
dutiesmust be performed either by you, an "insured" seeking coverage, or a
of either:
representative
a. Give prompt notice to your agent;
e. Protect the property from further damage. The followingmust be performed:
(1) Take reasonable emergency measures that are necessary to protect the covered
property from further damage, as provided under Additional Coverages 2.
A reasonable emergency measure under e. (1) above may include a permanent
repairwhen necessary to protect the covered property from further damage or to
prevent unwanted entry to the property. To the degree reasonablypossible,the
damaged property must be retained for us to inspect.
(2) Keep an accurate record o f repairexpenses.
f. of a claim;
Cooperate with us in the investigation
h. As often as we reasonablyrequire:
(2) Provide us with records and documents we request and permit us to make copies;
Whereas Plaintiffs failed to comply with all post-lossconditions and/or satisfyall
conditions precedentto the maintenance ofthis action,Plaintiffs' suit is barred pursuant to the Suit
Against Us provision.
Page 5 of 6
8. As its Eighth Affirmative Defense, HOMEOWNER CHOICE asserts that
Plaintiffs and/or damages from priorreportedand unreported
claim damages that are pre-existing
claims.
SECTION I - CONDITIONS
8. Suit Against Us.
No action can be brought againstus; unless:
a. There has been full compliance with all of the terms of this policy;
and
b. The action is started within 5 years after the date of the loss.
Whereas Plaintiffs failed to comply with all post-loss conditions and/or satisfyall
conditions precedentto the maintenance ofthis action,Plaintiffs' suit is barred pursuant to the Suit
Against Us provision.
HOMEOWNERS CHOICE reserves the rightto amend these Affirmative Defenses as
discovery is ongoing.
DEMAND FOR JURY TRIAL
Defendant demands trial by jury on all issues it is entitled to as a matter o f right.
WHEREFORE, Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, INC., prays that the Court enter judgment in its favor, and that
Plaintiff should take nothing by this action.
Page 6 of 6
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was served by electronic mail delivery
to KW@WEKLaw.com on this 3rd day ofNovember 2021.
HOMEOWNERS CHOICE PROPERTY AND
CASUALTY INSURANCE COMPANY
15700 NW 67 Avenue, STE 300
ith
Miami Lakes, FL 33014
Office: 786-517-1831
Email: croye@hcpci.com
/s/ Christina Roye, Esq.
By:
CHRISTINA ROYE, ESQ.
Florida BAR No.: 124831
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Filing# 137851938 E-Filed 1 1/03/2021 04:34:03 PM IN THE COUNTY COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA VALLI LENTINI CASE NO.: CACE-21-003799 Plaintiffs, VS. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. Defendant. i DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT, AFFIRMATIVE DEFENSES, AND DEMAND FOR JURY TRIAL Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. ("HOMEOWNERS CHOICE"), by and through the undersigned counsel and in accordance with the applicableFlorida Rules of Civil Procedure, files this Answer and Affirmative Defenses and demand for jury trial to Plaintiffs' Complaint, and states: 1. Admitted for jurisdictional purposes only.Denied Plaintiffs are entitled to relief. 2. Admitted. 3 Without knowledge, therefore denied. 4. Admitted that Defendant issued subjectinsurance policy for Plaintiff's property. are without knowledge, therefore denied. All other allegations 5. Admitted. 6. Admitted Plaintiffs suffered damage to the subjectproperty. All other allegations are denied. 7. Denied as phrased. COUNTI Defendant reallegesits responses to Paragraphs 1 through 7 as fullyset forth above. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/03/2021 04:34:03 PM.**** Page 2 of 6 8 Denied. 9- Denied. 10. Denied. 11. Denied. AFFIRMATIVE DEFENSES 1. As its First Affirmative Defense, HOMEOWNERS CHOICE asserts Plaintiffs' secured a homeowner's insurance policybearingpolicynumber H06-253273-8 (hereinafter the "Policy")which insured the property located at 1233 West Lakes Drive, Deerfield Beach, Florida 33442 (hereinafter called "the property")with effective dates of September 2, 2018 through September 2, 2019 which controls the rightsand obligations ofthe parties. 2. As its Second Affirmative Defense, HOMEOWNERS CHOICE asserts Plaintiffs' Claim is limited to any and all Policy terms, conditions,exclusions,limitations and amount of coverage available. 3. As its Third Affirmative Defense, HOMEOWNERS CHOICE PROPERTY & CASUALTY asserts Plaintiffs' claim is inflated,and Plaintiffs seek compensation o f damages not by the extent of the justified loss and services necessary to repairthe Property. 4. As its Fourth Affirmative Defense, HOMEOWNERS CHOICE PROPERTY & CASUALTY asserts that Defendant is entitled to a setoff of the applicablepolicy deductible againstany recovery by Plaintiffs. 5. As its Fifth Affirmative Defense, Recovery for damages to Plaintiff's property is barred by Plaintiff's failure to comply with the followingpolicyprovision: SECTION I - PERILS INSURED AGAINST COVERAGE A - DWELLING and COVERAGE B - OTHER STRUCTURES Page 3 of 6 1. We insure againstrisk of direct loss to property described in Coverages A and B only if that Loss is a physicalloss to property. 2. We do not insure,however, for loss: *** b. Caused by: *** (f)Any ofthe following: (1) Wear and tear, marring,deterioration; (2) Inherent vice, latent defect or mechanical breakdown; *** (6) Settling, shrinking,bulging or expansion,includingresultant cracking,of pavements, patio,foundations,walls,floors,roofs or ceilings; Under the foregoingpolicylanguage,no coverage is afforded for Plaintiff's claim since the damage is a direct result of long-termwear, tear, and deterioration, inherent vice,latent shrinking,or bulging which are specifically defect,mechanical breakdown, settling, excluded under the Policy. 6. As its Sixth Affirmative Defense, HOMEOWNERS CHOICE asserts that Recovery for damages to Plaintiffs' property is barred by Plaintiffs' failure to comply with the followingFlorida Statute: 718.111 The association (11) INSURANCE.-In order to protect the safety, health,and welfare of the people of the State of Florida and to ensure consistencyin the provisionof insurance coverage to condominiums and their unit owners, this subsection appliesto every residential condominium in the state, regardlessofthe date of its declaration of condominium. It is the intent of the Legislatureto encourage lower or stable insurance premiums for associations described in this subsection. (f)Every property insurance policyissued or renewed on or after January 1, 2009, for the purpose of protectingthe condominium must provideprimary coverage for: 1. All portionsof the condominium property as originally installed or replacement of like kind and quality,in accordance with the originalplans and specifications. 2. All alterations or additions made to the condominium property or association property pursuant to 718.113(2). s. 3. The coverage must exclude all personalproperty within the unit or limited common elements, and floor,wall, and ceilingcoverings,electrical fixtures, built-in cabinets and countertops, and appliances,water heaters,water filters, window treatments, includingcurtains,drapes,blinds,hardware, and similar window treatment components, or replacementsof any of the foregoingwhich Page 4 of 6 are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereuponis the responsibility of the unit owner. 7. As its Seventh Affirmative Defense, HOMEOWNER CHOICE asserts that Recovery for damages to Plaintiffs' property is barred by Plaintiffs' failure to comply with the followingpolicyprovision: SECTION I - CONDITIONS *** 2. Duties After Loss. In case of a loss to covered property, we have no duty to providecoverage under this to us. These policyif the failure to comply with the followingduties is prejudicial dutiesmust be performed either by you, an "insured" seeking coverage, or a of either: representative a. Give prompt notice to your agent; e. Protect the property from further damage. The followingmust be performed: (1) Take reasonable emergency measures that are necessary to protect the covered property from further damage, as provided under Additional Coverages 2. A reasonable emergency measure under e. (1) above may include a permanent repairwhen necessary to protect the covered property from further damage or to prevent unwanted entry to the property. To the degree reasonablypossible,the damaged property must be retained for us to inspect. (2) Keep an accurate record o f repairexpenses. f. of a claim; Cooperate with us in the investigation h. As often as we reasonablyrequire: (2) Provide us with records and documents we request and permit us to make copies; Whereas Plaintiffs failed to comply with all post-lossconditions and/or satisfyall conditions precedentto the maintenance ofthis action,Plaintiffs' suit is barred pursuant to the Suit Against Us provision. Page 5 of 6 8. As its Eighth Affirmative Defense, HOMEOWNER CHOICE asserts that Plaintiffs and/or damages from priorreportedand unreported claim damages that are pre-existing claims. SECTION I - CONDITIONS 8. Suit Against Us. No action can be brought againstus; unless: a. There has been full compliance with all of the terms of this policy; and b. The action is started within 5 years after the date of the loss. Whereas Plaintiffs failed to comply with all post-loss conditions and/or satisfyall conditions precedentto the maintenance ofthis action,Plaintiffs' suit is barred pursuant to the Suit Against Us provision. HOMEOWNERS CHOICE reserves the rightto amend these Affirmative Defenses as discovery is ongoing. DEMAND FOR JURY TRIAL Defendant demands trial by jury on all issues it is entitled to as a matter o f right. WHEREFORE, Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., prays that the Court enter judgment in its favor, and that Plaintiff should take nothing by this action. Page 6 of 6 CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing was served by electronic mail delivery to KW@WEKLaw.com on this 3rd day ofNovember 2021. HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY 15700 NW 67 Avenue, STE 300 ith Miami Lakes, FL 33014 Office: 786-517-1831 Email: croye@hcpci.com /s/ Christina Roye, Esq. By: CHRISTINA ROYE, ESQ. Florida BAR No.: 124831