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Filing# 143218347 E-Filed 02/03/2022 11:20:15 AM
IN
THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
VANESSA DIAS,
Plaintiff,
VS.
CASE NO:
CACE-21-007720
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
1
RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR FINAL SUMMARY
JUDGMENT
Plaintiff,VANESSA DIAS (hereinafter
referred to as "Plaintiff'),
pursuant to Florida Rule of
Civil Procedure 1.510, files this Response in Opposition to Defendant Citizens Property Insurance
Corporation's(hereinafter
referred to as "Defendant") Motion for Final Summary Judgment. This
Court should deny Defendant's Motion because there is a genuine factual disputeas to the existence
ofperilcreated openings.
INTRODUCTION
1.
Plaintiff and Defendant entered into a written contract (the"Policy"),
wherein Plaintiff agreed
ind
to pay a premium and Defendant agreed to insure Plaintiff's property located at 5491 NW 921
Avenue, Sunrise, FL 33351 (the"Property").
2.
On or about November 8,2020, while the Policy was in full force and effect,the Property
sustained a covered loss as a result of Tropical Storm Eta (the"Loss").
3.
Representativesof Defendant inspectedthe Property and observed damages. A true and correct
copy of the Denial Letter is attached hereto as Exhibit A.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/03/2022 11:20:13 AM.****
4.
On March 11, 2021, Defendant denied coverage for the Loss, citingthat its hired engineer
"determined the roof was leakinginto the interior of the home due to wear and tear to the roof
.
.
.
[and thatlthe cracked and loose roof tiles were the result of wear and tear, expansion, and
faulty workmanship due to inadequate installation of some of the roofing materials."
Defendant's retained engineer found no storm damage to the roof. Exhibitk.
5.
Plaintiff filed her Complaint allegingone count of breach of contract on or about April 16,
2021.
6.
On or about May 18, 2021, the Property was inspectedby an engineerretained by Plaintiff.
The engineerconcluded that the roof was damaged by winds from TropicalStorm Eta. See
Af#davitofJorge Pomerantzz, P.E., Exhibit B-,Engineer 's Report, Exhibit C.
7.
On or about December 22,2021, Defendant filed its Motion for Final Summary Judgment.
8.
The Motion is based on the allegationthat Plaintiffs have no evidence to establish the existence
of a perilcreated opening,and that there is undisputed evidence that the Property was damaged
by wear, tear, and deterioration.
9.
Defendant's Motion must be denied because there is evidence to establish the existence of a
perilcreated opening, and thus there is a genuine disputeof fact that precludesthe grantingof
Summary Judgment.
LAW AND ANALYSIS
Summary judgment is appropriatewhen the "the movant shows that there is no genuine
disputeas to any material fact and the movant is entitled to judgment as a matter of law." Fla. R. Civ.
P. 1.510. The movant must show the absence of any disputedmaterial fact to obtain summary
judgment. See Celotex Corp. v. Catrett,477 U.S. 317,324 (1986).The inferences to be drawn from
the record must be viewed in the lightmost favorable to the nonmovant. See US. v. Diebold, Inc.,
369 U.S. 654,655 (1962).
2
When a properlysupported motion for summary judgment is made, the nonmovant then must
set forth specificfacts to demonstrate a genuine issue for trial. Anderson v. LibertyLobby, Inc.,477
U.S. 242,250 (1986)."... [A]llthat is requiredis that sufficient evidence supportingthe claimed
factual disputebe shown to requirea jury or judge to resolve the parties'differingversions of the
truth at trial." .First Nat. Bank of.Arizona v. Cities Service Co., 391 U.S. 253, 289-90 (1968).At the
summary judgment stage, the judge's role is to determine the existence of a genuine issue for
determination by a jury;the judge must not weigh the evidence or make factual findings.Anderson,
477 U.S. at 249. A disputeofmaterial fact is genuine,and summary judgment is thus precluded,
when "the evidence is such that a reasonable jury could return a verdict for the nonmoving party."Id.
at 248.
The "genuine issue" standard for summary judgment is very similar to the "reasonable jury"
standard for directed verdict;the difference between the two motions is primarilyprocedural.Id. at
251. "In essence, though, the inquiryunder each is the same: whether the evidence presents a
sufficient disagreement to requiresubmission to a jury or whether it is so one-sided that one party
must prevailas a matter of law." Id. at 251-2. Summary judgment should be grantedwhere the
evidence is such that it "would requirea directed verdict for the moving party."Id. at 251 (quoting
Sartor v. Arkansas Gas Corp., 321 U.S. 620,624 (1944)).
Defendant's Motion for Summary Judgment must be denied, as the evidence is such that a
reasonable jury could return a verdict for Plaintiff.
I.
PLAINTIFF'S PROPERTY WAS DAMAGED BY A COVERED PERIL WHICH
CAUSED AN OPENING IN THE ROOF, RESULTING IN SUBSEQUENT
WATER INTRUSION AND DAMAGE TO THE INTERIOR OF THE
PROPERTY.
Defendant's motion for summary judgment should be denied because there is a genuine dispute
that the winds of TropicalStorm Eta caused openings to the roofthrough which rain entered and caused
3
interior damages. Certainly,there is ample evidence with which a reasonable jury could return a verdict
for Plaintiffs.
On May 18, 2021, the Property was inspectedby an engineer,Mr. Jorge Pomerantz, P.E. See
Exhibit B; Exhibit C. In evaluatingthe cause and originof the water intrusion at the Property, Mr.
Pomerantz thoroughly evaluated the facts and data surrounding the loss; Mr. Pomerantz, inter alia,
physicallyinspected the interior and exterior of the property, reviewed pertinentweather data, and
reviewed the findingsof Defendant's engineer.See Exhibit C. Mr. Pomerantz observed a great number
of rooftiles that had moved, loosened, cracked, broken, separated,uplifted,
detached, dislodged,and/or
slippedout of his position;a majorityof the ridgeand hip tiles had moved, which resulted in cracks
and openings in the concrete mortar at ridgesand hips;and visible separationsand broken tiles were
at the base flashingarea of the garage roof. See Exhibit B; Exhibit C.
These observed conditions were caused, in Mr. Pomerantz's professionalopinion,by high wind
action and are consistent with a strong windstorm. See Exhibit B; Exhibit C. Mr. Pomerantz also
concluded that high winds had moved plumbing and roof vents, which created openings around them
and allowed water infiltration into the garage and den areas. See ExhibitB; Exhibit C Mr. Pomerantz's
ultimate conclusion, based on his investigation,was that Tropical Storm Eta caused wind related
damage, wind created openings, and the failure to the roofing system. See Exhibit B; Exhibit C.
Additionally,Mr. Pomerantz categorically
disagreedwith each of Defendant's engineer'sfindingsof
"wear and tear." See Exhibit C.
There are countervailingexpert opinionsin favor of each party, and it is the provinceofthe juryto
decide which expert opinion carries the day. Mr. Pomerantz's testimony standingalone creates a
genuine issue of material fact. A reasonable jury could conclude from this testimony that the roof of
the property was damaged by TropicalStorm Eta, that water entered through the wind-created openings
in the roof of the property and that this water intrusion caused damage to the interior of the property.
Therefore, Defendant's Motion must be denied.
4
CONCLUSION
Plaintiffs respectfullyrequest that this Court deny Defendant's Motion for Summary Final
Judgment because there remains a genuine disputeof material fact. Plaintiffs have put forth evidence
that wind caused openings through which rain entered, and thus Plaintiffs have carried the burden to
establish a peril-created
opening in the roof or walls to be able to recover for damages to the interior
of the house caused by rain.
WHEREFORE, Plaintiffs pray this Court Deny Defendant's Motion for Final Summary Judgment
and any other relief this Court deems justand proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of this document will be served this
21st day of February, 2022, to: Sydney E. Groll, Esq., Attorney for Citizens Property Insurance
Corporation, 44 W. FlaglerSt.,Suite 2100, Miami, FL 33130; pleadings@roiglawyers.com
SILVER, BASS & BRAMS, P.A.
Counsel for Plaintiff
500 S Australian Avenue, Suite 800
West Palm Beach, FL 33401
Telephone: (561) 659-0551
Facsimile: (561)835-6866
Primary: edocuments@FLLitigation.com
Secondary: abass@FLLitigation.com
Secondary: cramsewack@FLLitigation.com
By:
/s/ Aaron S. Bass
AARON S. BASS
F.B.N. 0166261
5
CITIZENS PROPERTY INSURANCE CORPORATION
RO. BOX 19700
JACKSONVILLE, FL 32245-9700
CITIZENS
PROPERTY INSURANCE CORPORATION
TELEPHONE: (866)411-2742
FAX: (888)392-6739
March 11,2021
VANESSA DIAS
5491 NW 92ND AVE
SUNRISE, FL 33351
EXHIBIT
A
CITIZENS PROPERTY INSURANCE CORPORATION
P.O. Box 19700
Jacksonville, FL 32245-9700
CITIZENS
TELEPHONE: (866)411-2742 FAX: (888) 392-6739
PROPERTY INSURANCE CORPORATION
March 11,2021
Bulldog Adjusters,Inc.
6950 Cypress Rd., Suite 300
Plantation,FL 33317
RE:
Insured-
Vanessa Dias
Citizens Claim Number:
001-00-252789
Citizens PolicyNumber:
02375953
Date of Loss:
11/8/2020
Cause of Loss:
Water Damage-Weather Related
Insured Location:
5491 NW 92nd Ave.
Sunrise,FL 33351
Dear Bulldog Adjusters,Inc.
Citizens has concluded its investigation
of your client's claim. During this process, we
inspectedyour client' s property on 12/1 1/2020 and the engineerwith Pronet inspected
their property on 2/10/2021 and deteimined the roof was leakinginto the interior of the
home due to wear and tear to the roof. They also determined the cracked and loose roof
tiles were the result of wear and tear, expansion,and faultyworkmanship due to
inadequateinstallation of some ofthe roofingmaterials. They found no storm damage to
the roof. We conducted a thorough investigation
and reviewed your policyas our
commitment to findingcoverage for your loss.
Your client' s policydoes not provide coverage for damages caused by wear and tear or
expansion. Additionally,your client' s policydoes not provide coverage for rain,snow,
sleet,sand or dust to the interior of the buildingunless a covered perilfirst damages the
buildingcausingan opening in a roof or wall and the rain,snow, sleet,sand or dust enters
-
throughthis opening;specifically,
SECTION I PERILS INSURED AGAINST,
provisionsA, 2, b, (8),(9)(a)and (9)(f),
from your client's CIT HO-3 0220, CITIZENS
HOMEOWNERS 3- SPECIAL FORM, startingon page 13 of 39. Your client's policy
also does not provide coverage for faultyworkmanship. Specifically,
SECTION I-
GENERAL EXCLUSIONS, provisionB., 3.b.,from your CIT HO-3 02 20, CITIZENS
HOMEOWNERS 3- SPECIAL FORM, startingon page 18 of 39.
Page 1 of 2
While this claim is not a covered claim,we appreciatethe opportunityto serve you. If
you have any questions,contact me at the phone number below.
Citizens realizes that you may disagreewith our coverage deteimination decision as
detailed above. Consequently,under Florida law, you have a rightto participatein the
Personal Residential Insurance Mediation Program established by the Department of
Financial Services. Enclosed is a brochure with detailed instructions about how you may
request mediation.
Sincerely,
Ronald Jenkins
Adjuster
Citizens Property Insurance Corporation
866.411.2742, ext. 53163
Enclosures: Mediation Brochure
CC: Vanessa Dias,Air QualityAssessors LLC
Any person who knowingly and with intent to injure, defraud, or deceive any insurer filesa statement of
claim or an applicationcontaining any false,incomplete,or misleading information is guiltyofa felonyof
the third degree. F.S. 817.234
Page 2 of 2
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR
BROWARD COUNTY, FLORIDA
VANESSA DIAS,
Plaintiff,
VS.
CASE NO:
CACE-21-007720
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
AFFIDAVIT OF JORGE A. POMERANTZ, P.E.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE)
BEFORE ME, the undersignedauthority,this day personallyappearedJorge A. Pomerantz, P.E.,
who, being first duly sworn on oath,deposes and says:
1.
My name is Jorge A. Pomerantz, P.E., I am older than 18 years of age, am of sound
mind and body, and have personalknowledge of the facts contained herein.
2.
I am a Professional Engineer in the State of Florida, and my license number is
55326.
3
I inspectedthe residence/structure in this matter on May 18, 2021.
4.
Based on the field study,information provided,observations,damages sustained,
and acceptedengineeringprinciplesand guidelines,
the roof of the structure was
damaged by winds from TropicalStorm Eta which caused a great number of roof
tiles to move, loosen,crack,break, separate, uplift,
detach,dislodge,and/or slipout
EXHIBIT
B
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ofposition.Ridge and hip tiles were moved, which resulted in cracks and openings
in the concrete mortar at ridgesand hips.Additionally,the high winds of Tropical
Stoim Eta moved plumbing and roofvents, resultingin openings that allowed water
infiltration into the garage and den areas.
5.
It is my opinion,within a reasonable degree of engineering/ scientific certainty,
that the winds of TropicalStoim Eta caused these damages, creatingopenings in
the roof which allowed water to ingressthe roof covering and manifesting in
interior
damages.
It
is
my opinion, with a reasonable degree of
engineering/scientific
certainty,
that the damages described in this Affidavit exhibit
the classic pattern ofwindstorm damage.
6.
My observations are included in the photographs taken by me on the date I
inspectedthe
Exhibit
-
1
My photographsdated May 18, 2021.
7.
FURTHER AFFIANT SAYETH NAUGHT.
/MMMntz
Lon202202,'D211Oioo-800
Jorge A. Pomerantz, P.E.
The foregoinginstrument was acknowledged before me by means of 0 physicalpresence or
02/02/2022
Jorge Pomerantz
0 online notarization,on this
day of
,2022, by
who
,
.X
E ]personallyknow to me or [ ]who has produced
as identification and
who did / did not (circleone) take an oath.
-
F5?OBADEBEA
l *I
L--edon20??2,1.UUMUU
-.
NOTARY
Marco
PUBLIC, State ofFlorida
Tropepe
Commission # GG 203408
Notary Public - State of Florida
At Large
-
My Commission Expires Apr 03,2022
**FFJ Mycommissionexpires:
'==I=-==-
--nz
F5900BADEB5A
Notarial act performed by audio-visual communication
2
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Photographs of the Property
Taken by ING Consultants, Inc.
On 5/18/2021
Number of Pages: 22
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PAGE 17 OF 22
EVIDENCE OF SEPARATIONS AND BROKEN TILES AT BASE FLASHING AREA
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ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322
PAGE 18 OF 22
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ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322
PAGE 19 OF 22
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ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322
PAGE 20 OF 22
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ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322
PAGE 21 OF 22
GARAGE: WATER STAINS AND CEILING DAMAGE
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SECOND FLOOR DEN: BLISTERED DRYWALL BELOW WINDOW
PAGE 22 OF 22
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ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322
' - Consultants Inc.
Job File No 05182102
January 21st, 2022
Silver,Bass & Brams, P.A.
500 South Australian Avenue, #800
West Palm Beach, FL 33401-6237
Property:
5491 NW 92ind Avenue, Sunrise,FL 33351
Subject:
Evaluation of Roof and Interior Damage at Dias' Residence
Attention:
Christina Ramsewack, Paralegal
As per your request, on May 18th,2021, this office performed a visual inspection
of the roof and interior areas at the above referenced property. The purpose of the inspection
was to investigatethe cause, origin,nature, and duration of roof and interior damage that
reportedlyoccurred on or about November 8th and 9th,2020 as the result of strong winds and
heavy rains associated with TropicalStorm Eta during its passage through the Gulf ofMexico
and the state of Florida. This report summarizes our findings,opinions,conclusions, and
recommendations.
Our inspectionwas limited to visual observations of exposed and readilyaccessible
building areas.
The inspectionwas strictlystructural,visual and nondestructive. Any
reference to nonstructural and cosmetic items is purely incidental to structural issues and not
the main intent of this report. Any reference to termites,asbestos,mold, mildew, fungi,and
indoor qualityis also purelyincidental to structural issues and out ofthe scope of our work and
field of expertise.All limitations indicated at the end ofthis report apply.
PROPERTY INFORMATION
According with public records from the Broward County Property Appraiser
(BCPA), the property is a two-story single-familyhome built in 2002/2001 (Effective/Actual
Year Built)with a total square footageof 1,810 sf. For additional property infoimation,please
refer to the attached BCPA Property Detail or visit the BCPA website.
ATTACHMENTS
The followingdocuments have been attached to this report for further reference:
o
Property Information from the Broward County Property Appraiser.
8865 W. Sunrise Blvd., Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197
ingconsultants@yahoo.com
EXHIBIT
C
January 21st, 2022
Page 2 of 13
?ConsultantsInc.
5491 NW 921nd Avenue, Sunrise,FL 33351
Evaluation of Roof and Interior Damage at Dias' Residence
o
Photographs of the property taken by ING Consultants,Inc. on 5/18/2021.
o
Weather information about TropicalStorm Eta collected by ING Consultants, Inc.
o
2017 Florida Building Codes - ExistingBuilding,(2017) Sixth Edition, Chapter 7,
Section 706.1.1, and (2020) Seventh Edition,Chapter 9. Section R908.1.1.
o
Tile Roofing Institute Memorandum dated 9/22/2017, revised 10/5/2017 regarding
Obsolete Concrete Roof Tiles Formerly Produced in Florida.
o
Sworn Proof of Loss preparedby Vanessa Dias dated 4/17/2020
o
Estimate dated 11/17/2020 from BulldogAdjusters,Inc.
o
Letter prepared by Citizens Property Casualty Corporation dated 3/11/2021.
o
Report of Findingsdated 3/3/2021 preparedby ProNet Group, Inc.
o
CV of Jorge A. Pomerantz, P.E.
BACKGROUND INFORMATION
At the time of the inspection,this office met with the homeowner Mrs. Vanessa
Dias.
Below please find a summary of relevant infoimation provided by her regardingthe
losses sustained by his property:
The homeowner has lived in the property since June of 2017. A heavy rain and
strong wind storm hit the neighborhood on or about November 8th and 9th,2020. The storm
was associated with the inclement weather that occurred in South Florida due to TropicalStorm
Eta. The homeowner was home duringthe storm. A few days after the storm, the homeowner
noticed water stains on the den's wall below the window on the second floor and on the garage
ceiling.
She said that she has roof leaks in the garage every time it rains and has seen water
running down the garage walls.
She contacted a publicadjusterwho filed an insurance claim
on her behalf for the losses caused by the stoim. She also said that she never had any roof
leaks or roof leak-related damage inside her home priorto TropicalStorm Eta.
8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197
ingconsultants@yahoo.com
January 21st, 2022
Page 3 of 13
?ConsultantsInc.
5491 NW 921nd Avenue, Sunrise,FL 33351
Evaluation of Roof and Interior Damage at Dias' Residence
EXISTING CONDITIONS AND OBSERVATIONS
This office conducted a visual inspectionto assess the reportedroof and interior
damage. Photographs were taken at the time of the inspectionto document our findings.The
photographs correlate to information herein provided and have been incorporatedas an
appendix to this report for the reader's reference.
The residence is a two-story structure built on concrete slab-on-grade.The exterior
walls are finished with stucco, and are CMU walls around the first floor and wood frame walls
around the second floor. The second floor is supportedby a wood frame deck. The pitched
roof is covered with Spanish "S" concrete tiles branded "Vanguard Roll",fastened with foam
on the slopesand with screws at the ridgesand hips.The roof is supportedby prefabricated
wood trusses and plywood deck sheathing. The attic space has limited accessibility
and
visibility
due to low clearance and insulation. The interior walls and ceilingsare cladded with
drywall. The floors are finished with ceramic tile,laminated wood, and carpet.
Our findingsare described below referencingthe photo numbers. The arrows on
the photos pointto our findings.
Exterior:
o
Exterior views of the house (Photos 1 thru 4)
Roof
Evidence of severe windstorm damage was observed at the roof. The damage is
shown and identified in the photosattached to this report. Below is a summary of our findings:
o
Roof views (Photos 5 thru 10)
o
"Vanguard Roll" rooftile (Photos 11 and 12).
o
Most of the concrete mortar at the ridges and hips was cracked and open.
Numerous cap tiles were loose (Photos 13 thru 24), and several tiles were
completelydetached (Photo 25).
o
Numerous cracked, broken, and detached field tiles (Photos 26 thru 37).
8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197
ingconsultants@yahoo.com
January 21st, 2022
Page 4 of 13
?ConsultantsInc.
5491 NW 921nd Avenue, Sunrise,FL 33351
Evaluation of Roof and Interior Damage at Dias' Residence
o
Extensive tile slippage(Photos38 thru 47)
o
Numerous upliftedand separatedfield tiles (Photos48 thru 55).
o
Cracks, openings and separationsaround the plumbing vent (Photos56 thru 59).
o
Cracks, openings and separationsaround the roofvent (Photo 60).
o
Tile screws are backed out and bent (Photos61 thru 63).
o
Several replacedtiles (Photos 64 thru 66).
o
Evidence of separationsand broken tiles at base flashingofthe garage roof area
next to the den's exterior wall. (Photos67 and 68).
o
Numerous upliftedand separatedeaves tiles around the roof (Photos 69 thru
76).
Attic Space:
o
Attic space views (Photos77 thru 80)
Garage:
o
Evidence of roof leaks (water damage/water stains)at the ceiling(Photos 81
thru 86).
Second Floor Den:
o
Evidence of water intrusion (blistered
paint)on the wall below the window.
(Photos 87 thru 92).
The above-described roof damage is consistent with a strong windstorm. High
wind action has caused severe and extensive damage to the roofallowingroof leaks and water
intrusion into the livingareas thru wind-created openings in the roof system. A great number
of roof tiles have moved, loosened, cracked, broken, separated,uplifted,detached, dislodged
and/or slippedout ofposition.Most ofthe ridgeand hip tiles have moved which caused cracks
and openings in the concrete mortar at ridgesand hips. Visible separationsand broken tiles
were observed at the base flashingarea of the garage roof. High winds moved plumbing and
roof vents which created openings around them. These wind-created openings have allowed
8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197
ingconsultants@yahoo.com
January 21st, 2022
Page 5 of 13
?ConsultantsInc.
5491 NW 921nd Avenue, Sunrise,FL 33351
Evaluation of Roof and Interior Damage at Dias' Residence
water infiltration through the roof system and into the garage and den areas. Water damage
due to roof leaks is a clear evidence of a breach of the roof system duringa strong windstorm.
The roof damage is extensive,severe and consistent with direct physicallosses duringa strong
wind and heavy rain windstorm.
Please be advised that althoughthis office has made its best effort to assess the roof
condition,there may be additional damage not readilyvisible.
DISCUSSIONS, CONCLUSIONS AND RECOMMENDATIONS
Our visual inspectionwas deemed sufficient by this office to form an opinionabout
the cause, origin,nature, and duration of the damages found at the property. This office also
found our visual observations to be consistent with the descriptionof the events as indicated
by the homeowner. The followingparagraphs explainour findingsand opinions.
This office reviewed weather information regardingTropicalStorm Eta obtained
from the websites of the National Hurricane Center, the National Weather Service,Weather
Underground, and AccuWeather, as well as other publicationswhich describe the severe
windstoim damage that occurred in the South Florida area due to heavy rains,strong winds
and flooding.For reference,the weather infoimation has been attached to this report. Based
on our review, this office was able to verifythe occurrence of severe weather conditions in
South Florida on or about November ,th.
8I and 9th,2020 that were associated with TropicalStorm
Eta. On those days,tropicalstorm force wind gusts, long periodsof heavy rains and flooding
were reportedalong much of the southeastern part of Florida includingthe area where the
property is located. TropicalStorm Eta force winds extended outward up to 310 miles from
the center reaching the area where the property is located.
Based on latitude and longitude
coordinates,this office determined that the closest distance between TropicalStorm Eta and
the property address was 93 miles on November 9th,2020 at 04:00 GMT (llpm EDT of the
previousday).Thus, it has been verified that the property received strong winds and wind gusts
capableof causingsevere damage to a roof,as observed. Based on the above, there is sufficient,
visible and clear evidence to support wind-related damage from a singleevent such as the
windstorm that occurred on or about November 8th and 9th,2020 associated with Tropical
Storm Eta.
Natural disasters such as tropicalstorms can be extremelydetrimental to homes and
roofs. When wind passes over and around a building,it can hit roofs from different directions
generatingstatic and cyclicalwind pressures that act on the roof surfaces.
These wind
8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197
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January 21st, 2022
Page 6 of 13
?ConsultantsInc.
5491 NW 921nd Avenue, Sunrise,FL 33351
Evaluation of Roof and Interior Damage at Dias' Residence
pressures can either be positivewith a downward direction againstthe roof surface,or negative
with a suction upward effect known as wind uplift.The faster the wind, the more forceful the
wind upliftwill be. Wind pressures convert into wind forces that rise exponentiallyby the
square of the wind speed. Therefore, the higher the wind speed the higherthe wind forces.
During strong windstorms, high wind forces can exert tremendous pressures on the roof
surfaces breachingthe roof system by uplifting,
looseningand detachingroof tiles. Areas of
high wind forces and wind turbulence typicallyoccur along ridges,hips,valleys,eaves,
corners,
and in general along discontinuities or changes in the roof.
Examples of
discontinuities are base flashingareas and protrudingelements such as roof and plumbing vents
which substantially
move during a strong windstorm. Roof tile movement caused tile screws
to back out and screw holes to enlargewhich created openings that allow water penetration
under the roof membrane. This windstorm damage to the roof resulted in roof leaks which
caused water damage to ceilingsand walls. Therefore,with a reasonable degreeofengineering
certainty,
this office has found clear evidence of direct physical damage to the roof and
wind-created openings consistent with a strong windstorm.
In its current condition,the roof,as an integralpart of the buildingenvelope,has
been severelycompromised, and will leak in the event of future windstorms and heavy rains.
As the roof has sustained severe windstornl damage, it is now less effective to resist wind
forces from future storms than it was priorto the Eta windstoim. The roof is now less capable
of withstandingapplicablewind design loads specifiedby the current 2020 Florida Building
Code (FBC) and the previousversion the 2017 FBC, and to efficiently
resist high wind loads
from future hurricanes or strong tropicalstoims as Eta. Accordingly,this office has estimated
that more than 50 percent of the roof has been damaged by the Eta storm. According to the
FBC- ExistingBuilding,(2017) Sixth Edition, Chapter 7, Section 706.1.1, and the (2020)
Seventh Edition,Chapter 9. Section R908.1.1. (Copy attached)"Not more than 25 percent of
the total roof area or roof section of any existingbuilding or structure shall be repaired,
replacedor recovered in any 12-month period unless than the entire existingroofng system
or roofsection is replacedto conform to requirements ofthis code".
Based on the above, and giventhe fact that the damage to the roof is so severe and
extensive,it is evident that 2017 FBC Chapter 7, Section 706.1.1, and 2020 FBC Chapter 9.
Section R908.1.1 apply and the roof will need to be replacedin its entiretyin order to be in
compliance with the current FBC.
It is also relevant to mention that tile repairsrequirefindingroof tiles with the
appropriateproduct approval,either a Florida Statewide Product Approval (FSPA) or a Notice
of Acceptance (NOA), one of which was used duringthe originalpeimittedroof installation.
8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197
ingconsultants@yahoo.com
January 21st, 2022
Page 7 of 13
?ConsultantsInc.
5491 NW 921nd Avenue, Sunrise,FL 33351
Evaluation of Roof and Interior Damage at Dias' Residence
Any other tile not covered by a FSPA or a NOA, even if it looks similar,would not interlock
and protect the buildingenvelope as specifiedby the FBC and the State ofFlorida. This office
was able to identifythe roof tiles as "Vanguard Roll" based on the mark on the back of the
tiles. The attached Tile Roofing Institute Memorandum lists "Vanguard Roll" roof tiles as
obsolete and not covered by a Florida Product Approval which is required by the Florida
BuildingCode for roofinstallations. Having said this,even if replacementtiles were available,
replacingmore than 50 percent of the roof tiles would not meet FBC's specifications.
Thus,
by code, it is clear that the roof needs to be replacedin its entirety.
This office found extensive and severe damage to the roof which in our professional
opinionwas caused by the high winds from the Eta windstorm. Our photos clearlyillustrate
the magnitude of the roof damage and show visible evidence of storm-created openings
consistent with a highwind event. TropicalStorm Eta was a powerfulstorm with strong winds
that were able to reach the area where the property is located. High winds are the most frequent
natural hazard in the state of Florida that can damage roofs. There was a verified severe
weather event on November 8th and 9th, 2020.
The sudden appearance of water-related
damage inside the home was not a mere coincidence but the result of roof system failure due
to a windstoim. Therefore, in our opinionthere is sufficient,visible and clear evidence to
support wind related damage and wind created openings from a singleevent such as the
windstorm event occurred on the date of the loss generatedby TropicalStorm Eta.
In regard to the interior finishes,drywall is a material that absorbs water and
damages quickly.This absorptioncan cause severe water damage to walls and ceilings.Water
and moisture absorptionalso creates the conditions for growth and proliferation
of mold.
Therefore, it is recommended replacement of the drywall material at all areas that were
damaged by roof leaks and water intrusion.
This office also reviewed the letter from Citizens Property Insurance Corporation
(Citizens)
and the Report ofFindingsfrom ProNet Group, Inc. which are attached to this report.
(Pronet).Extracts from the letter and the report are reproduced below in italics followed by
our comments:
According to ProNet's report, Page 5, Section IV Conclusions, first bullet: "There
-was no damage to the exterior or roofcovering system of the Dias residence from high -wind
forcesorwind-borne debrisfrom TropicalStorm Eta on November 8,2020, or any other single
weather event.
8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197
ingconsultants@yahoo.com
January 21st, 2022
Page 8 of 13
?ConsultantsInc.
5491 NW 921nd Avenue, Sunrise,FL 33351
Evaluation of Roof and Interior Damage at Dias' Residence
As explainedabove in this report,this office found ample evidence ofwind-related
damage at the roof which is consistent with the high wind forces from TropicalStorm Eta.
Therefore, this office stronglydisagreeswith Pronet's conclusion.
According to ProNet's report, Page 5, Section IV Conclusions, second bullet: "The
approximately 17 cracked roof tiles,27 mismatched roof tiles,four
loose ridgetiles on the two
story roof,fivecracked roof tiles,and two loose ridgetiles on the one story roofresulted from
the qualityofmaterials and -workmanshipat the time oforiginalinstallation,normal -wear and
tear, foottraffic
duringpast repairs,expansion/contraction,
and exposure to the elements over
the years, and are inconsistent -with the reported,or any particularsingle-wind or -weather
event."
Regarding cracked and loose tiles,this office found a number of cracked and loose
tiles which was considerablyhigherthan ProNet's count. Additionally,
this office found not
only cracked and loose tiles but also a great number oftiles that were visiblybroken, uplifted,
separated,detached, dislodgedand/or slippedout of position.Tile slippagewas particularly
extensive. Therefore,this office stronglydisagreeswith ProNet's conclusion.
Regarding mismatched tiles,they are consistent with roof repairswhich any roof
can undergo as part of its maintenance. The presence of mismatched tiles does not invalidate
windstorm damage due to a severe weather event. Therefore, this office stronglydisagrees
with ProNet's conclusion.
Regarding wear and tear, it does not cause damage of the severityand magnitude
observed at the roof. It reallytakes powerful wind forces to move and damage tiles and not
justnormal wear and tear. Therefore, this office stronglydisagreeswith ProNet's conclusion.
Regarding foot traffic,cracked tiles were not limited to areas of past repairsbut
were found throughoutthe entire roof. This office's engineerwalked on the roof and was able
to verifyfirst-hand that the concrete tiles were extremelyresistant to foot traffic and would not
break or crack when walking with caution. The roof exhibited no evidence of cracked tiles
due to foot traffic. The roofis provided with Spanish "S" shape concrete tiles. This means that
the tiles are not only made of hard concrete but also have a low profile.
Both the hardness of
the concrete material and the low profileshape make these tiles very resistant to foot traffic.
It would be different if the tiles had been clay barrel tiles since clayis brittle and barrel tiles
have a high radius of curvature which makes them less resistant to foot traffic due to the
curvature. Therefore, this office stronglydisagreeswith ProNet's conclusion.
8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197
ingconsultants@yahoo.com
January 21st, 2022
Page 9 of 13
?ConsultantsInc.
5491 NW 921nd Avenue, Sunrise,FL 33351
Evaluation of Roof and Interior Damage at Dias' Residence
Regarding expansion and contraction,this office found sufficient gap between the
tiles to allow for adequate thermal expansion and contraction. High winds can move tiles
powerfullyand unevenly up and down crackingthe tiles. Thermal expansion and contraction
was not the cause for the crackingof the tiles. Therefore, this office stronglydisagreeswith
ProNet's conclusion.
Regarding exposure to the elements, tiles do not extensivelycrack,break, loosen,
uplift,
separate, detach,dislodgeand/or slipout ofpositionas a result oftheir sole exposure to
the elements.
Powerful winds are needed to cause these type of damages. Therefore, this
office stronglydisagreeswith ProNet's conclusion.
Regarding the qualityof materials and workmanship, it is well known that product
approvalsare requiredin Florida by buildingdepartmentsin order to pullpermits for roof
installations.
Products are evaluated for compliance with recognized standards and the
effective buildingcode. Products' manufacturers must have a qualityassurance (QA) program
in place monitored by a state approved QA entity.These programs requiretestingthe tile
material and the roof installation to assure quality."Vanguard Roll" concrete tiles product
approvalhas expired.However, even though these tiles are no longercovered by a product
approval,it is clear that a productapprovalwas used for the original
peimittedroofinstallation
which assured the qualityofthe tiles installed on the roof. Additionally,the roofinginstallation
was timely approved by the buildingdepartment.It is well known that buildingdepartments
would not approve a deficient roofinstallation. Likewise, insurance companies would not have
insured them. This office found the qualityof the tiles and the roof installation to be within
industrystandards.
Therefore,this office stronglydisagreeswith ProNet's conclusion.
According to Pronet's report, Page 5, Section IV Conclusions, third bullet: "The
blistered drywall along the east -wall of the second floorden and delaminated ceilingdrywall
in the garage resultedfrom long-termrainwater breachingthe roofcovering system at thefrst
floorslopedroof to second floorwall termination, caused by aging, and wear and tear from
exposure to the elements over the years ofservice and not from any weather event."
Regarding the above, this office agrees with ProNet that the damage to the den's
wall and to the garage ceilingwere caused by breachingof the garage roof system. However,
agingand wear and tear from exposure to the elements do not extensivelycrack,break, loosen,
upliftand detach roof tiles,and do not crack,break and dislodgeconcrete mortar, as seen on
the garage roof, and as shown in our photos. The damage to the garage roof was definitely
not long-tenn.This office finds itunreasonable to attribute the roofdamage to unsubstantiated
causes when there was a verified severe weather event which was the Eta storm that was
8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197
ingconsultants@yahoo.com
January 21st, 2022
Page 10 of 13
?ConsultantsInc.
5491 NW 921nd Avenue, Sunrise,FL 33351
Evaluation of Roof and Interior Damage at Dias' Residence
capable of causing the damage observed at the roof and ensuing roof leaks. Therefore, this
office stronglydisagreeswith this conclusion.
According to Citizen's letter-. "During this process, we inspectedyour client's
property on 12/11/2020 and the engineer with Pronet inspectedtheir property on 2/10/2021
and determined the roof-wasleakinginto the interior of the home due to -wear and tear to the
roof They also determined the cracked and loose roof tiles were the result of wear and tear,
expansion, and faulty-workmanship due to inadequate installation of some of the roofing
materials. They found no storm damage to the roof We conducted a thorough investigation
and reviewed yourpolicyas our commitment tofindingcoverage foryour loss.
Regarding the above, Citizens has denied the insurance claim based on ProNet's
determinations as well as their own investigation.
As above explained,this office does not
agree that there is no stoim damage to the roof and that the roof damage and ensuingroof leaks
were caused by wear and tear, expansion,faultyworkmanship, and inadequateinstallation of
some of the roofingmaterials. In our professionalopinion,neither ProNet nor Citizens have
been able to substantiate with evidence these conclusions. This office found sufficient,
visible,
clear,and ample evidence at the roof and inside the house which unequivocallysupport
windstorm damage. There was a verified weather event on or about November 8111and 9m,2020
which is consistent with the wind damage observed at the roof. Our photos clearlyillustrate
the severityand magnitude of the roof damage and show visible evidence of storm-created
openings consistent with a high wind event. Therefore,this office stronglydisagreeswith the
reasons givenby Citizens for denying coverage.
Based on our investigation,
this office has been able to foim an opinionabout the
cause, origin,nature, and duration of the losses observed at the residence.
Our visual
observations, forensic investigation,experience, and professionaljudgment allow us to
conclude with a reasonable degreeof engineeringcertaintythat there was a breach of the roof
system due to TropicalStorm Eta which in our opinionwas the cause for the observed and
reportedroof damage, roof leaks and ensuing interior damage. This office also considers that
the roof damage is of such severityand magnitude that it will requirethe roof to be replaced
in its entirety.Additionally,this office concludes that the condition of the roof at the subject
property and the interior areas has not been substantially
and materiallyaltered from the time
of the date of loss to the date of our inspection. Therefore, any investigationconducted
immediately followingthe date of loss would not have yieldedany other conclusion.
Water intrusion inside living areas needs to be prevented since it can cause
irreversible damage to structural components and interior areas. Water intrusion not only
8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197
ingconsultants@yahoo.com
January 21st, 2022
Page 11 of 13
?ConsultantsInc.
5491 NW 921nd Avenue, Sunrise,FL 33351
Evaluation of Roof and Interior Damage at Dias' Residence
damages interior finishes but it also creates the conditions for the development and propagation
ofmoisture, fungi,mold and/or mildew. This is not only in detriment ofthe buildingstructural
and non-structural components, but it can also cause severe health problems to occupants if
allowed to continue. For this reason, in addition to the roof replacement and interior repairs,
this office recommends engaging a c
Preview
Filing# 143218347 E-Filed 02/03/2022 11:20:15 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA VANESSA DIAS, Plaintiff, VS. CASE NO: CACE-21-007720 CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. 1 RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT Plaintiff,VANESSA DIAS (hereinafter referred to as "Plaintiff'), pursuant to Florida Rule of Civil Procedure 1.510, files this Response in Opposition to Defendant Citizens Property Insurance Corporation's(hereinafter referred to as "Defendant") Motion for Final Summary Judgment. This Court should deny Defendant's Motion because there is a genuine factual disputeas to the existence ofperilcreated openings. INTRODUCTION 1. Plaintiff and Defendant entered into a written contract (the"Policy"), wherein Plaintiff agreed ind to pay a premium and Defendant agreed to insure Plaintiff's property located at 5491 NW 921 Avenue, Sunrise, FL 33351 (the"Property"). 2. On or about November 8,2020, while the Policy was in full force and effect,the Property sustained a covered loss as a result of Tropical Storm Eta (the"Loss"). 3. Representativesof Defendant inspectedthe Property and observed damages. A true and correct copy of the Denial Letter is attached hereto as Exhibit A. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/03/2022 11:20:13 AM.**** 4. On March 11, 2021, Defendant denied coverage for the Loss, citingthat its hired engineer "determined the roof was leakinginto the interior of the home due to wear and tear to the roof . . . [and thatlthe cracked and loose roof tiles were the result of wear and tear, expansion, and faulty workmanship due to inadequate installation of some of the roofing materials." Defendant's retained engineer found no storm damage to the roof. Exhibitk. 5. Plaintiff filed her Complaint allegingone count of breach of contract on or about April 16, 2021. 6. On or about May 18, 2021, the Property was inspectedby an engineerretained by Plaintiff. The engineerconcluded that the roof was damaged by winds from TropicalStorm Eta. See Af#davitofJorge Pomerantzz, P.E., Exhibit B-,Engineer 's Report, Exhibit C. 7. On or about December 22,2021, Defendant filed its Motion for Final Summary Judgment. 8. The Motion is based on the allegationthat Plaintiffs have no evidence to establish the existence of a perilcreated opening,and that there is undisputed evidence that the Property was damaged by wear, tear, and deterioration. 9. Defendant's Motion must be denied because there is evidence to establish the existence of a perilcreated opening, and thus there is a genuine disputeof fact that precludesthe grantingof Summary Judgment. LAW AND ANALYSIS Summary judgment is appropriatewhen the "the movant shows that there is no genuine disputeas to any material fact and the movant is entitled to judgment as a matter of law." Fla. R. Civ. P. 1.510. The movant must show the absence of any disputedmaterial fact to obtain summary judgment. See Celotex Corp. v. Catrett,477 U.S. 317,324 (1986).The inferences to be drawn from the record must be viewed in the lightmost favorable to the nonmovant. See US. v. Diebold, Inc., 369 U.S. 654,655 (1962). 2 When a properlysupported motion for summary judgment is made, the nonmovant then must set forth specificfacts to demonstrate a genuine issue for trial. Anderson v. LibertyLobby, Inc.,477 U.S. 242,250 (1986)."... [A]llthat is requiredis that sufficient evidence supportingthe claimed factual disputebe shown to requirea jury or judge to resolve the parties'differingversions of the truth at trial." .First Nat. Bank of.Arizona v. Cities Service Co., 391 U.S. 253, 289-90 (1968).At the summary judgment stage, the judge's role is to determine the existence of a genuine issue for determination by a jury;the judge must not weigh the evidence or make factual findings.Anderson, 477 U.S. at 249. A disputeofmaterial fact is genuine,and summary judgment is thus precluded, when "the evidence is such that a reasonable jury could return a verdict for the nonmoving party."Id. at 248. The "genuine issue" standard for summary judgment is very similar to the "reasonable jury" standard for directed verdict;the difference between the two motions is primarilyprocedural.Id. at 251. "In essence, though, the inquiryunder each is the same: whether the evidence presents a sufficient disagreement to requiresubmission to a jury or whether it is so one-sided that one party must prevailas a matter of law." Id. at 251-2. Summary judgment should be grantedwhere the evidence is such that it "would requirea directed verdict for the moving party."Id. at 251 (quoting Sartor v. Arkansas Gas Corp., 321 U.S. 620,624 (1944)). Defendant's Motion for Summary Judgment must be denied, as the evidence is such that a reasonable jury could return a verdict for Plaintiff. I. PLAINTIFF'S PROPERTY WAS DAMAGED BY A COVERED PERIL WHICH CAUSED AN OPENING IN THE ROOF, RESULTING IN SUBSEQUENT WATER INTRUSION AND DAMAGE TO THE INTERIOR OF THE PROPERTY. Defendant's motion for summary judgment should be denied because there is a genuine dispute that the winds of TropicalStorm Eta caused openings to the roofthrough which rain entered and caused 3 interior damages. Certainly,there is ample evidence with which a reasonable jury could return a verdict for Plaintiffs. On May 18, 2021, the Property was inspectedby an engineer,Mr. Jorge Pomerantz, P.E. See Exhibit B; Exhibit C. In evaluatingthe cause and originof the water intrusion at the Property, Mr. Pomerantz thoroughly evaluated the facts and data surrounding the loss; Mr. Pomerantz, inter alia, physicallyinspected the interior and exterior of the property, reviewed pertinentweather data, and reviewed the findingsof Defendant's engineer.See Exhibit C. Mr. Pomerantz observed a great number of rooftiles that had moved, loosened, cracked, broken, separated,uplifted, detached, dislodged,and/or slippedout of his position;a majorityof the ridgeand hip tiles had moved, which resulted in cracks and openings in the concrete mortar at ridgesand hips;and visible separationsand broken tiles were at the base flashingarea of the garage roof. See Exhibit B; Exhibit C. These observed conditions were caused, in Mr. Pomerantz's professionalopinion,by high wind action and are consistent with a strong windstorm. See Exhibit B; Exhibit C. Mr. Pomerantz also concluded that high winds had moved plumbing and roof vents, which created openings around them and allowed water infiltration into the garage and den areas. See ExhibitB; Exhibit C Mr. Pomerantz's ultimate conclusion, based on his investigation,was that Tropical Storm Eta caused wind related damage, wind created openings, and the failure to the roofing system. See Exhibit B; Exhibit C. Additionally,Mr. Pomerantz categorically disagreedwith each of Defendant's engineer'sfindingsof "wear and tear." See Exhibit C. There are countervailingexpert opinionsin favor of each party, and it is the provinceofthe juryto decide which expert opinion carries the day. Mr. Pomerantz's testimony standingalone creates a genuine issue of material fact. A reasonable jury could conclude from this testimony that the roof of the property was damaged by TropicalStorm Eta, that water entered through the wind-created openings in the roof of the property and that this water intrusion caused damage to the interior of the property. Therefore, Defendant's Motion must be denied. 4 CONCLUSION Plaintiffs respectfullyrequest that this Court deny Defendant's Motion for Summary Final Judgment because there remains a genuine disputeof material fact. Plaintiffs have put forth evidence that wind caused openings through which rain entered, and thus Plaintiffs have carried the burden to establish a peril-created opening in the roof or walls to be able to recover for damages to the interior of the house caused by rain. WHEREFORE, Plaintiffs pray this Court Deny Defendant's Motion for Final Summary Judgment and any other relief this Court deems justand proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of this document will be served this 21st day of February, 2022, to: Sydney E. Groll, Esq., Attorney for Citizens Property Insurance Corporation, 44 W. FlaglerSt.,Suite 2100, Miami, FL 33130; pleadings@roiglawyers.com SILVER, BASS & BRAMS, P.A. Counsel for Plaintiff 500 S Australian Avenue, Suite 800 West Palm Beach, FL 33401 Telephone: (561) 659-0551 Facsimile: (561)835-6866 Primary: edocuments@FLLitigation.com Secondary: abass@FLLitigation.com Secondary: cramsewack@FLLitigation.com By: /s/ Aaron S. Bass AARON S. BASS F.B.N. 0166261 5 CITIZENS PROPERTY INSURANCE CORPORATION RO. BOX 19700 JACKSONVILLE, FL 32245-9700 CITIZENS PROPERTY INSURANCE CORPORATION TELEPHONE: (866)411-2742 FAX: (888)392-6739 March 11,2021 VANESSA DIAS 5491 NW 92ND AVE SUNRISE, FL 33351 EXHIBIT A CITIZENS PROPERTY INSURANCE CORPORATION P.O. Box 19700 Jacksonville, FL 32245-9700 CITIZENS TELEPHONE: (866)411-2742 FAX: (888) 392-6739 PROPERTY INSURANCE CORPORATION March 11,2021 Bulldog Adjusters,Inc. 6950 Cypress Rd., Suite 300 Plantation,FL 33317 RE: Insured- Vanessa Dias Citizens Claim Number: 001-00-252789 Citizens PolicyNumber: 02375953 Date of Loss: 11/8/2020 Cause of Loss: Water Damage-Weather Related Insured Location: 5491 NW 92nd Ave. Sunrise,FL 33351 Dear Bulldog Adjusters,Inc. Citizens has concluded its investigation of your client's claim. During this process, we inspectedyour client' s property on 12/1 1/2020 and the engineerwith Pronet inspected their property on 2/10/2021 and deteimined the roof was leakinginto the interior of the home due to wear and tear to the roof. They also determined the cracked and loose roof tiles were the result of wear and tear, expansion,and faultyworkmanship due to inadequateinstallation of some ofthe roofingmaterials. They found no storm damage to the roof. We conducted a thorough investigation and reviewed your policyas our commitment to findingcoverage for your loss. Your client' s policydoes not provide coverage for damages caused by wear and tear or expansion. Additionally,your client' s policydoes not provide coverage for rain,snow, sleet,sand or dust to the interior of the buildingunless a covered perilfirst damages the buildingcausingan opening in a roof or wall and the rain,snow, sleet,sand or dust enters - throughthis opening;specifically, SECTION I PERILS INSURED AGAINST, provisionsA, 2, b, (8),(9)(a)and (9)(f), from your client's CIT HO-3 0220, CITIZENS HOMEOWNERS 3- SPECIAL FORM, startingon page 13 of 39. Your client's policy also does not provide coverage for faultyworkmanship. Specifically, SECTION I- GENERAL EXCLUSIONS, provisionB., 3.b.,from your CIT HO-3 02 20, CITIZENS HOMEOWNERS 3- SPECIAL FORM, startingon page 18 of 39. Page 1 of 2 While this claim is not a covered claim,we appreciatethe opportunityto serve you. If you have any questions,contact me at the phone number below. Citizens realizes that you may disagreewith our coverage deteimination decision as detailed above. Consequently,under Florida law, you have a rightto participatein the Personal Residential Insurance Mediation Program established by the Department of Financial Services. Enclosed is a brochure with detailed instructions about how you may request mediation. Sincerely, Ronald Jenkins Adjuster Citizens Property Insurance Corporation 866.411.2742, ext. 53163 Enclosures: Mediation Brochure CC: Vanessa Dias,Air QualityAssessors LLC Any person who knowingly and with intent to injure, defraud, or deceive any insurer filesa statement of claim or an applicationcontaining any false,incomplete,or misleading information is guiltyofa felonyof the third degree. F.S. 817.234 Page 2 of 2 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA VANESSA DIAS, Plaintiff, VS. CASE NO: CACE-21-007720 CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i AFFIDAVIT OF JORGE A. POMERANTZ, P.E. STATE OF FLORIDA COUNTY OF MIAMI-DADE) BEFORE ME, the undersignedauthority,this day personallyappearedJorge A. Pomerantz, P.E., who, being first duly sworn on oath,deposes and says: 1. My name is Jorge A. Pomerantz, P.E., I am older than 18 years of age, am of sound mind and body, and have personalknowledge of the facts contained herein. 2. I am a Professional Engineer in the State of Florida, and my license number is 55326. 3 I inspectedthe residence/structure in this matter on May 18, 2021. 4. Based on the field study,information provided,observations,damages sustained, and acceptedengineeringprinciplesand guidelines, the roof of the structure was damaged by winds from TropicalStorm Eta which caused a great number of roof tiles to move, loosen,crack,break, separate, uplift, detach,dislodge,and/or slipout EXHIBIT B DocVerify ID: D7780414-44CF-41 Page 1 of 2 1626F397C82D4 www.docverify.com lili m.*mll Ill ofposition.Ridge and hip tiles were moved, which resulted in cracks and openings in the concrete mortar at ridgesand hips.Additionally,the high winds of Tropical Stoim Eta moved plumbing and roofvents, resultingin openings that allowed water infiltration into the garage and den areas. 5. It is my opinion,within a reasonable degree of engineering/ scientific certainty, that the winds of TropicalStoim Eta caused these damages, creatingopenings in the roof which allowed water to ingressthe roof covering and manifesting in interior damages. It is my opinion, with a reasonable degree of engineering/scientific certainty, that the damages described in this Affidavit exhibit the classic pattern ofwindstorm damage. 6. My observations are included in the photographs taken by me on the date I inspectedthe Exhibit - 1 My photographsdated May 18, 2021. 7. FURTHER AFFIANT SAYETH NAUGHT. /MMMntz Lon202202,'D211Oioo-800 Jorge A. Pomerantz, P.E. The foregoinginstrument was acknowledged before me by means of 0 physicalpresence or 02/02/2022 Jorge Pomerantz 0 online notarization,on this day of ,2022, by who , .X E ]personallyknow to me or [ ]who has produced as identification and who did / did not (circleone) take an oath. - F5?OBADEBEA l *I L--edon20??2,1.UUMUU -. NOTARY Marco PUBLIC, State ofFlorida Tropepe Commission # GG 203408 Notary Public - State of Florida At Large - My Commission Expires Apr 03,2022 **FFJ Mycommissionexpires: '==I=-==- --nz F5900BADEB5A Notarial act performed by audio-visual communication 2 DocVerify ID: D7780414-44CF-41 Page 2 of 2 2626F397C82D4 www.docverify.com lili mgl=11 Ill Photographs of the Property Taken by ING Consultants, Inc. On 5/18/2021 Number of Pages: 22 PAGE 1 OF 22 EXTERIOR VIEWS aI Ir J 1*M I Rk?- .,.- ?*..? -"" 2021 PHOTO 1 PHOTO 2 I.'?h.. ::39! .e ..9 6= .- I1 - - '7. i. 7..LD TZTT. TT Y 718 'i t PHOTO 3 PHOTO 4 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 2 OF 22 ROOF VIEWS '2.... 1 1 . t Eikett ------=--I $==-=--JESA tai: /IiEYIW.R Vfi , .+ '. i .Iiii.ILDY W Etil I' =+J,EM /.i f 4 K '.V.4.if,r '.* 18 , ,=f- -- A, /Ai,IiA PHOTO 5 PHOTO 6 eu 2021 PHOTO 7 PHOTO 8 '4 f* aT- f 4- t. IDEBL 114 '=iFHi -2-====7 AiiiPi H#.#iib? k.- Jf; 17n -S - t+?a1001 8 1 i'? PHOTO 9 PHOTO 10 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 3 OF 22 "VANGUARD ROLL" ROOF TILE Ia:=-,e,i?, , @?J.= k#/ ?so'l r ' k=X- .?;0 .' ,- t E?.=- i ,.165111. N7.82 Eil Lkf= Mj:'Z '., S Bzr:-- &2*25,-,-7':--,4 - :.M bf*..i. .'..-MR 9 &m#.. #5422#214#ww c Bt I:. 12%**,-.-* ... = '774 ..#EU i. *f.t-,143 8; '' Ai,-...AJ 3*N3IE>;' Ef ' -,i-'-.. -D Ep*e:.i. j i-9x f.E --2* PHOTO 11 r< n#M.. *,- ,#, Hi8M.'i 5,2- - t.il?/*j I, '!i', ., , *.,?4-* ,- C.: K HT '::.D.W.&...# }Ky:'. l'f,4*:y.,I Lia S:- r*1.,Im.1 S.G-i . ,y..e.' -. i,,?yF E-&.....'.-.--.- 4 t B,:4 E4 EM. '.: ?Ld PMF.. 11111618218.ZKEKCD.iJAiZit X-E, "1.- r ?.?KIZ.#t,1.i 0. t, .,+2"F 0/.t. * ?%4. Ei U Fi 01/0541 M?M.L#IBEZD..WL.- i.44 r.. PHOTO 12 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 4 OF 22 CRACKED, OPEN CONCRETE MORTAR AND LOOSE TILES AT RIDGES AND HIPS 5?M , ..'1.M.EASZA,UHOJGEJi..?? 1*i 4? *a- 2' LKKGIGBISISRNFEEAESGM. AABBBG.818111111 / ?8 -N' EIMNT-TEP-P-TIS,P-A-A-K-L I -.,L YM.LE'SYM r -- ADT f..: 6 PHOTO 13 PHOTO 14 =,,5 )'blil, .E- I ln: 9/DR .Af:1 44#% '4 =Q.% ., 53-.?= -21. 12'l,LU -/- --a ?21 PHOTO 15 PHOTO 16 ,+ZXili162:.+ .'T IR,Uti.L$,.U..5 xYR+.C-. YY,Y'.KiPixAi.-..+YSZ 1. A1G-i?i?. .''ji/Yft ?5 .'. ?a -n -,f-L;d =*4.1; -ae,W .... 'ff-- 727..,=? 'D-- !1/05/18 F,gl E ..93 Ig .UhS ?--- PHOTO 17 PHOTO 18 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 5 OF 22 CRACKED, OPEN CONCRETE MORTAR AND LOOSE TILES AT RIDGES AND HIPS ?*,eki?Rri.2*0 - r?25,i E?--.?-,?BB.-?S.JZ L ?.fd.fof?4,---.Er, [.41 :'.A m 1%*,-E. -4-40,-3,-,G. Bh E,1?. W El- #../ k?* AC: %,gjia:?#?..#.?tl?If?: -.? 274.'' .tv.uf*r,- i ,?--' t?J.? :;?.-.flf*A-.-:2. .l D?AO. Fll'-. k-* 9*Et.?j . /"i. -'.=?, *e?,Iifa'.??.fl.. r. .L:>31 E.'M ,,, i. --i k m:? N &ii.3 R.# jm 241 E.4? 8*4- .. K'A7 PHOTO 38 PHOTO 39 iv' M... ..... B?,P - t M.a=M** am- f l'Q '// 19 , -0 ;Wi tt.f MZ, %:kloi 2Br? 4, I/05/18 PHOTO 40 PHOTO 41 k h'2r.t.25 f ,>3?, 'IE# r i.'1.?t. 4.=@ - *.U i * .- z@a Pa -iN?:/?11'J/? @ i? '.E - amjg#E,i .r .4 #. .' / ..: *2, .i 82 / ' NI' EMi 202., 58.. F. !11 @tl EJ k. PHOTO 42 PHOTO 43 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 10 OF 22 EXTENSIVE TILE SLIPPAGE gl-.'1 MRm?R .. #' m rc R ==...- m =r.i=9 rmmw:n E =41 ,r,1 L.e <. PHOTO 44 PHOTO 45 .. ..I- ---i... ' ?L r:ij-i:i.5?i--P - ?/: - t .. .N. .X -,4 t .'.1. PHOTO 46 PHOTO 47 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 11 OF 22 NUMEROUS UPLIFTED AND SEPARATED TILES r- . ... =-- - 22 7 - r.It/?%-::.. , M.iF- Lt rmm#jMM=ME. B# -3??iVi?.'?.?':i- ?S.T?K.Z..??....- .% .i..8185..##?$KEI?EDLIFI-- , PHOTO 48 PHOTO 49 aa.it .. t. ... ms-.d F ..:r. 5- PHOTO 50 PHOTO 51 ? #4,=.- '- NJ 2 M ED, I,.33- ..AM.M ...rk/,<. E.. 22 ' .i??- #, H-B. 4 A. .wr. ?--h Xt. -- ..JEG-$.--i. MLiM-T ????- ? I#Y,.-- -f -it 4?. M ?V -jff jtl-F-,Gtr ? 3-:P? y-J,2 29-? .fdk M.g ...?.. . .--.&R'?..-?({.f> :-- j:? .R.'L.? -PJ?. ,-3-k :.='' , n PHOTO 52 PHOTO 53 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 12 OF 22 NUMEROUS UPLIFTED AND SEPARATED TILES -*0"../."I..J-- . 11 ,*/ .IL 796. W- .....#KH?fr ?.i 7.?#I.-, t,/,'AB/YZ? iL'iC #i..' #?ti ' ?WEA 'n:,?1 r?4- 1 TMJ,i,-' SE--- PHOTO 54 PHOTO 55 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 CRACKS, OPENINGS AND SEPARATIONS AROUND PLUMBING VENTS PAGE 13 OF 22 I =,//.-F /1\.\ 7t 4#- A i I. riE. .M EYi 9' Ei [1/05 2021/05/18- /T PHOTO 56 PHOTO 57 I i#E:. ?? ."...1 -M T.i=ZW RK- - -,##.-. 4. 93 ,=r??mrum.524?5?21-'3 9 %' / 05/18 E?gi<* MIEi:Z3#p r ---1662.6.ii?.111111111 PHOTO 58 PHOTO 59 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 CRACKS, OPENINGS AND SEPARATIONS AROUND ROOF VENT PAGE 14 OF 22 .'*.M: . ::'i:*3i U? ?-?ED*?NDZSW M.MPMIYJZIA-&,Y. M A-bo-tbfz .k,- -a 'LR'0'WQEAMPG',13 -- ..*37 =..- EMME##ZAK V NE Mmm 1- N. -1 31201 ?49 EMi? 2.24.L. E>D.Pt t.... =Ze@Zl -BjHi#4j 'Cqia D,aEU - TA'IN.*9*i .- T....' .:.&62- .*f- '.' -.u '2t.31?&? .1 §*%#E - .- ., , , ?.I.K..S?Aif-?'.' E....P ?EI?...-,..-..N,,-TI105/18 B..-.EE.. 241%4(* M#51-'-..NGA-108.-..E#i.ja?a?RE i.. PHOTO 60 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 15 OF 22 BACKED OUT AND BENT TILE SCREWS g'a *i.I 6. Ud ..- = i -.:i080 2021/05/18 . R J id PHOTO 61 fl t * t .=--T4,-:..&, m / M;&.:'.?.Pks &021 2021 *Q t=&. PHOTO 62 ,-323'.. ME i Mii:.. 1 #qw M 78? #.= i.- 1:. ... *6-, * - PHOTO 63 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 16 OF 22 REPLACED TILES 't.T. .L- /-- '.UI. 7--558 1 2021/05/18 .d PHOTO 64 t f.r...., 1.-N.3.1 - P,: t- E- y .t - PHOTO 65 f. c r: -f PHOTO 66 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 17 OF 22 EVIDENCE OF SEPARATIONS AND BROKEN TILES AT BASE FLASHING AREA M??.7FEEZBZri? LO.:881241331?A.E11111111 #.BIDTEIEAZEDDR - -"A: P,r? ZMME?5@ PHOTO 67 -. t - .--.?'. m I.3=528#BHLX.18.MNAQC-IEY?ZIASI.J..QJ ..?ITOX..J 321151:IRSEE-NE-MEESB#.15.- .f./?2l*tjtitt-..r::2f'i7--/Y#?4#iJfi,57.< :Xt?-746,TRIF.. kk?i,&,'*fih-'P*14, .E-514-N-A.G-NTILG-... 9.-SEGML.SJWAWR. Jn-:..Zlzfa,440#q;tr: - .rl --31-125216-=5: -4>94*t+i5---Yf...L @EZR. .%- &0,0 - --=-t-LC?IH?-=$-3--KICS..T??-&.I?BJ?JZKEA?T?LZPEE.= ---=--I-n,.2=1-,-C--D--=---=,.TF,,,LZ.-IT:=.CJHI.$SI-#.JD- = ==-? - *6%*f:2*f*2233-**yr,3?2*1* t,2 - STV==2./+.l.--.Fdltll. F.i.Q= M.i.78 ,.NZ. C,2 4. %, M .e,6 ?34 ? n N I" :.i 6'.:-' v PHOTO 68 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 18 OF 22 UPLIFTED AND SEPARATED EAVE TILES rr. 'a PHOTO 69 PHOTO 70 PHOTO 71 PHOTO 72 - ./ '.,a VM lEi iFi7 PHOTO 73 PHOTO 74 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 19 OF 22 UPLIFTED AND SEPARATED EAVE TILES r * PHOTO 75 PHOTO 76 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 20 OF 22 ATTIC VIEWS E --- FA, .. 1 --j .- et A ' 2021 M/18 3921 PHOTO 77 PHOTO 78 ./ T #atizhi3 5*, / 1/0/ .I .. PHOTO 79 PHOTO 80 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 PAGE 21 OF 22 GARAGE: WATER STAINS AND CEILING DAMAGE .. k. Utl 4 2021/05/18 3 l' za*T>7* 'k ..- PHOTO 81 PHOTO 82 .-=,B .I *9 QD T IMim-@9.1. 2021/05/1 PHOTO 83 PHOTO 84 = -; = XI . k--....7?' .J<,E, .=-j.--.E-I. .LO .. ir.E& PHOTO 85 PHOTO 86 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 SECOND FLOOR DEN: BLISTERED DRYWALL BELOW WINDOW PAGE 22 OF 22 ?WH. i?'. i. 1. . PHOTO 87 PHOTO 88 1 PHOTO 89 PHOTO 90 tA 18 PHOTO 91 PHOTO 92 ING Consultants. Inc. 8865 W Sunrise Blvd Plantation. FL 33322 ' - Consultants Inc. Job File No 05182102 January 21st, 2022 Silver,Bass & Brams, P.A. 500 South Australian Avenue, #800 West Palm Beach, FL 33401-6237 Property: 5491 NW 92ind Avenue, Sunrise,FL 33351 Subject: Evaluation of Roof and Interior Damage at Dias' Residence Attention: Christina Ramsewack, Paralegal As per your request, on May 18th,2021, this office performed a visual inspection of the roof and interior areas at the above referenced property. The purpose of the inspection was to investigatethe cause, origin,nature, and duration of roof and interior damage that reportedlyoccurred on or about November 8th and 9th,2020 as the result of strong winds and heavy rains associated with TropicalStorm Eta during its passage through the Gulf ofMexico and the state of Florida. This report summarizes our findings,opinions,conclusions, and recommendations. Our inspectionwas limited to visual observations of exposed and readilyaccessible building areas. The inspectionwas strictlystructural,visual and nondestructive. Any reference to nonstructural and cosmetic items is purely incidental to structural issues and not the main intent of this report. Any reference to termites,asbestos,mold, mildew, fungi,and indoor qualityis also purelyincidental to structural issues and out ofthe scope of our work and field of expertise.All limitations indicated at the end ofthis report apply. PROPERTY INFORMATION According with public records from the Broward County Property Appraiser (BCPA), the property is a two-story single-familyhome built in 2002/2001 (Effective/Actual Year Built)with a total square footageof 1,810 sf. For additional property infoimation,please refer to the attached BCPA Property Detail or visit the BCPA website. ATTACHMENTS The followingdocuments have been attached to this report for further reference: o Property Information from the Broward County Property Appraiser. 8865 W. Sunrise Blvd., Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197 ingconsultants@yahoo.com EXHIBIT C January 21st, 2022 Page 2 of 13 ?ConsultantsInc. 5491 NW 921nd Avenue, Sunrise,FL 33351 Evaluation of Roof and Interior Damage at Dias' Residence o Photographs of the property taken by ING Consultants,Inc. on 5/18/2021. o Weather information about TropicalStorm Eta collected by ING Consultants, Inc. o 2017 Florida Building Codes - ExistingBuilding,(2017) Sixth Edition, Chapter 7, Section 706.1.1, and (2020) Seventh Edition,Chapter 9. Section R908.1.1. o Tile Roofing Institute Memorandum dated 9/22/2017, revised 10/5/2017 regarding Obsolete Concrete Roof Tiles Formerly Produced in Florida. o Sworn Proof of Loss preparedby Vanessa Dias dated 4/17/2020 o Estimate dated 11/17/2020 from BulldogAdjusters,Inc. o Letter prepared by Citizens Property Casualty Corporation dated 3/11/2021. o Report of Findingsdated 3/3/2021 preparedby ProNet Group, Inc. o CV of Jorge A. Pomerantz, P.E. BACKGROUND INFORMATION At the time of the inspection,this office met with the homeowner Mrs. Vanessa Dias. Below please find a summary of relevant infoimation provided by her regardingthe losses sustained by his property: The homeowner has lived in the property since June of 2017. A heavy rain and strong wind storm hit the neighborhood on or about November 8th and 9th,2020. The storm was associated with the inclement weather that occurred in South Florida due to TropicalStorm Eta. The homeowner was home duringthe storm. A few days after the storm, the homeowner noticed water stains on the den's wall below the window on the second floor and on the garage ceiling. She said that she has roof leaks in the garage every time it rains and has seen water running down the garage walls. She contacted a publicadjusterwho filed an insurance claim on her behalf for the losses caused by the stoim. She also said that she never had any roof leaks or roof leak-related damage inside her home priorto TropicalStorm Eta. 8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197 ingconsultants@yahoo.com January 21st, 2022 Page 3 of 13 ?ConsultantsInc. 5491 NW 921nd Avenue, Sunrise,FL 33351 Evaluation of Roof and Interior Damage at Dias' Residence EXISTING CONDITIONS AND OBSERVATIONS This office conducted a visual inspectionto assess the reportedroof and interior damage. Photographs were taken at the time of the inspectionto document our findings.The photographs correlate to information herein provided and have been incorporatedas an appendix to this report for the reader's reference. The residence is a two-story structure built on concrete slab-on-grade.The exterior walls are finished with stucco, and are CMU walls around the first floor and wood frame walls around the second floor. The second floor is supportedby a wood frame deck. The pitched roof is covered with Spanish "S" concrete tiles branded "Vanguard Roll",fastened with foam on the slopesand with screws at the ridgesand hips.The roof is supportedby prefabricated wood trusses and plywood deck sheathing. The attic space has limited accessibility and visibility due to low clearance and insulation. The interior walls and ceilingsare cladded with drywall. The floors are finished with ceramic tile,laminated wood, and carpet. Our findingsare described below referencingthe photo numbers. The arrows on the photos pointto our findings. Exterior: o Exterior views of the house (Photos 1 thru 4) Roof Evidence of severe windstorm damage was observed at the roof. The damage is shown and identified in the photosattached to this report. Below is a summary of our findings: o Roof views (Photos 5 thru 10) o "Vanguard Roll" rooftile (Photos 11 and 12). o Most of the concrete mortar at the ridges and hips was cracked and open. Numerous cap tiles were loose (Photos 13 thru 24), and several tiles were completelydetached (Photo 25). o Numerous cracked, broken, and detached field tiles (Photos 26 thru 37). 8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197 ingconsultants@yahoo.com January 21st, 2022 Page 4 of 13 ?ConsultantsInc. 5491 NW 921nd Avenue, Sunrise,FL 33351 Evaluation of Roof and Interior Damage at Dias' Residence o Extensive tile slippage(Photos38 thru 47) o Numerous upliftedand separatedfield tiles (Photos48 thru 55). o Cracks, openings and separationsaround the plumbing vent (Photos56 thru 59). o Cracks, openings and separationsaround the roofvent (Photo 60). o Tile screws are backed out and bent (Photos61 thru 63). o Several replacedtiles (Photos 64 thru 66). o Evidence of separationsand broken tiles at base flashingofthe garage roof area next to the den's exterior wall. (Photos67 and 68). o Numerous upliftedand separatedeaves tiles around the roof (Photos 69 thru 76). Attic Space: o Attic space views (Photos77 thru 80) Garage: o Evidence of roof leaks (water damage/water stains)at the ceiling(Photos 81 thru 86). Second Floor Den: o Evidence of water intrusion (blistered paint)on the wall below the window. (Photos 87 thru 92). The above-described roof damage is consistent with a strong windstorm. High wind action has caused severe and extensive damage to the roofallowingroof leaks and water intrusion into the livingareas thru wind-created openings in the roof system. A great number of roof tiles have moved, loosened, cracked, broken, separated,uplifted,detached, dislodged and/or slippedout ofposition.Most ofthe ridgeand hip tiles have moved which caused cracks and openings in the concrete mortar at ridgesand hips. Visible separationsand broken tiles were observed at the base flashingarea of the garage roof. High winds moved plumbing and roof vents which created openings around them. These wind-created openings have allowed 8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197 ingconsultants@yahoo.com January 21st, 2022 Page 5 of 13 ?ConsultantsInc. 5491 NW 921nd Avenue, Sunrise,FL 33351 Evaluation of Roof and Interior Damage at Dias' Residence water infiltration through the roof system and into the garage and den areas. Water damage due to roof leaks is a clear evidence of a breach of the roof system duringa strong windstorm. The roof damage is extensive,severe and consistent with direct physicallosses duringa strong wind and heavy rain windstorm. Please be advised that althoughthis office has made its best effort to assess the roof condition,there may be additional damage not readilyvisible. DISCUSSIONS, CONCLUSIONS AND RECOMMENDATIONS Our visual inspectionwas deemed sufficient by this office to form an opinionabout the cause, origin,nature, and duration of the damages found at the property. This office also found our visual observations to be consistent with the descriptionof the events as indicated by the homeowner. The followingparagraphs explainour findingsand opinions. This office reviewed weather information regardingTropicalStorm Eta obtained from the websites of the National Hurricane Center, the National Weather Service,Weather Underground, and AccuWeather, as well as other publicationswhich describe the severe windstoim damage that occurred in the South Florida area due to heavy rains,strong winds and flooding.For reference,the weather infoimation has been attached to this report. Based on our review, this office was able to verifythe occurrence of severe weather conditions in South Florida on or about November ,th. 8I and 9th,2020 that were associated with TropicalStorm Eta. On those days,tropicalstorm force wind gusts, long periodsof heavy rains and flooding were reportedalong much of the southeastern part of Florida includingthe area where the property is located. TropicalStorm Eta force winds extended outward up to 310 miles from the center reaching the area where the property is located. Based on latitude and longitude coordinates,this office determined that the closest distance between TropicalStorm Eta and the property address was 93 miles on November 9th,2020 at 04:00 GMT (llpm EDT of the previousday).Thus, it has been verified that the property received strong winds and wind gusts capableof causingsevere damage to a roof,as observed. Based on the above, there is sufficient, visible and clear evidence to support wind-related damage from a singleevent such as the windstorm that occurred on or about November 8th and 9th,2020 associated with Tropical Storm Eta. Natural disasters such as tropicalstorms can be extremelydetrimental to homes and roofs. When wind passes over and around a building,it can hit roofs from different directions generatingstatic and cyclicalwind pressures that act on the roof surfaces. These wind 8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197 ingconsultants@yahoo.com January 21st, 2022 Page 6 of 13 ?ConsultantsInc. 5491 NW 921nd Avenue, Sunrise,FL 33351 Evaluation of Roof and Interior Damage at Dias' Residence pressures can either be positivewith a downward direction againstthe roof surface,or negative with a suction upward effect known as wind uplift.The faster the wind, the more forceful the wind upliftwill be. Wind pressures convert into wind forces that rise exponentiallyby the square of the wind speed. Therefore, the higher the wind speed the higherthe wind forces. During strong windstorms, high wind forces can exert tremendous pressures on the roof surfaces breachingthe roof system by uplifting, looseningand detachingroof tiles. Areas of high wind forces and wind turbulence typicallyoccur along ridges,hips,valleys,eaves, corners, and in general along discontinuities or changes in the roof. Examples of discontinuities are base flashingareas and protrudingelements such as roof and plumbing vents which substantially move during a strong windstorm. Roof tile movement caused tile screws to back out and screw holes to enlargewhich created openings that allow water penetration under the roof membrane. This windstorm damage to the roof resulted in roof leaks which caused water damage to ceilingsand walls. Therefore,with a reasonable degreeofengineering certainty, this office has found clear evidence of direct physical damage to the roof and wind-created openings consistent with a strong windstorm. In its current condition,the roof,as an integralpart of the buildingenvelope,has been severelycompromised, and will leak in the event of future windstorms and heavy rains. As the roof has sustained severe windstornl damage, it is now less effective to resist wind forces from future storms than it was priorto the Eta windstoim. The roof is now less capable of withstandingapplicablewind design loads specifiedby the current 2020 Florida Building Code (FBC) and the previousversion the 2017 FBC, and to efficiently resist high wind loads from future hurricanes or strong tropicalstoims as Eta. Accordingly,this office has estimated that more than 50 percent of the roof has been damaged by the Eta storm. According to the FBC- ExistingBuilding,(2017) Sixth Edition, Chapter 7, Section 706.1.1, and the (2020) Seventh Edition,Chapter 9. Section R908.1.1. (Copy attached)"Not more than 25 percent of the total roof area or roof section of any existingbuilding or structure shall be repaired, replacedor recovered in any 12-month period unless than the entire existingroofng system or roofsection is replacedto conform to requirements ofthis code". Based on the above, and giventhe fact that the damage to the roof is so severe and extensive,it is evident that 2017 FBC Chapter 7, Section 706.1.1, and 2020 FBC Chapter 9. Section R908.1.1 apply and the roof will need to be replacedin its entiretyin order to be in compliance with the current FBC. It is also relevant to mention that tile repairsrequirefindingroof tiles with the appropriateproduct approval,either a Florida Statewide Product Approval (FSPA) or a Notice of Acceptance (NOA), one of which was used duringthe originalpeimittedroof installation. 8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197 ingconsultants@yahoo.com January 21st, 2022 Page 7 of 13 ?ConsultantsInc. 5491 NW 921nd Avenue, Sunrise,FL 33351 Evaluation of Roof and Interior Damage at Dias' Residence Any other tile not covered by a FSPA or a NOA, even if it looks similar,would not interlock and protect the buildingenvelope as specifiedby the FBC and the State ofFlorida. This office was able to identifythe roof tiles as "Vanguard Roll" based on the mark on the back of the tiles. The attached Tile Roofing Institute Memorandum lists "Vanguard Roll" roof tiles as obsolete and not covered by a Florida Product Approval which is required by the Florida BuildingCode for roofinstallations. Having said this,even if replacementtiles were available, replacingmore than 50 percent of the roof tiles would not meet FBC's specifications. Thus, by code, it is clear that the roof needs to be replacedin its entirety. This office found extensive and severe damage to the roof which in our professional opinionwas caused by the high winds from the Eta windstorm. Our photos clearlyillustrate the magnitude of the roof damage and show visible evidence of storm-created openings consistent with a highwind event. TropicalStorm Eta was a powerfulstorm with strong winds that were able to reach the area where the property is located. High winds are the most frequent natural hazard in the state of Florida that can damage roofs. There was a verified severe weather event on November 8th and 9th, 2020. The sudden appearance of water-related damage inside the home was not a mere coincidence but the result of roof system failure due to a windstoim. Therefore, in our opinionthere is sufficient,visible and clear evidence to support wind related damage and wind created openings from a singleevent such as the windstorm event occurred on the date of the loss generatedby TropicalStorm Eta. In regard to the interior finishes,drywall is a material that absorbs water and damages quickly.This absorptioncan cause severe water damage to walls and ceilings.Water and moisture absorptionalso creates the conditions for growth and proliferation of mold. Therefore, it is recommended replacement of the drywall material at all areas that were damaged by roof leaks and water intrusion. This office also reviewed the letter from Citizens Property Insurance Corporation (Citizens) and the Report ofFindingsfrom ProNet Group, Inc. which are attached to this report. (Pronet).Extracts from the letter and the report are reproduced below in italics followed by our comments: According to ProNet's report, Page 5, Section IV Conclusions, first bullet: "There -was no damage to the exterior or roofcovering system of the Dias residence from high -wind forcesorwind-borne debrisfrom TropicalStorm Eta on November 8,2020, or any other single weather event. 8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197 ingconsultants@yahoo.com January 21st, 2022 Page 8 of 13 ?ConsultantsInc. 5491 NW 921nd Avenue, Sunrise,FL 33351 Evaluation of Roof and Interior Damage at Dias' Residence As explainedabove in this report,this office found ample evidence ofwind-related damage at the roof which is consistent with the high wind forces from TropicalStorm Eta. Therefore, this office stronglydisagreeswith Pronet's conclusion. According to ProNet's report, Page 5, Section IV Conclusions, second bullet: "The approximately 17 cracked roof tiles,27 mismatched roof tiles,four loose ridgetiles on the two story roof,fivecracked roof tiles,and two loose ridgetiles on the one story roofresulted from the qualityofmaterials and -workmanshipat the time oforiginalinstallation,normal -wear and tear, foottraffic duringpast repairs,expansion/contraction, and exposure to the elements over the years, and are inconsistent -with the reported,or any particularsingle-wind or -weather event." Regarding cracked and loose tiles,this office found a number of cracked and loose tiles which was considerablyhigherthan ProNet's count. Additionally, this office found not only cracked and loose tiles but also a great number oftiles that were visiblybroken, uplifted, separated,detached, dislodgedand/or slippedout of position.Tile slippagewas particularly extensive. Therefore,this office stronglydisagreeswith ProNet's conclusion. Regarding mismatched tiles,they are consistent with roof repairswhich any roof can undergo as part of its maintenance. The presence of mismatched tiles does not invalidate windstorm damage due to a severe weather event. Therefore, this office stronglydisagrees with ProNet's conclusion. Regarding wear and tear, it does not cause damage of the severityand magnitude observed at the roof. It reallytakes powerful wind forces to move and damage tiles and not justnormal wear and tear. Therefore, this office stronglydisagreeswith ProNet's conclusion. Regarding foot traffic,cracked tiles were not limited to areas of past repairsbut were found throughoutthe entire roof. This office's engineerwalked on the roof and was able to verifyfirst-hand that the concrete tiles were extremelyresistant to foot traffic and would not break or crack when walking with caution. The roof exhibited no evidence of cracked tiles due to foot traffic. The roofis provided with Spanish "S" shape concrete tiles. This means that the tiles are not only made of hard concrete but also have a low profile. Both the hardness of the concrete material and the low profileshape make these tiles very resistant to foot traffic. It would be different if the tiles had been clay barrel tiles since clayis brittle and barrel tiles have a high radius of curvature which makes them less resistant to foot traffic due to the curvature. Therefore, this office stronglydisagreeswith ProNet's conclusion. 8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197 ingconsultants@yahoo.com January 21st, 2022 Page 9 of 13 ?ConsultantsInc. 5491 NW 921nd Avenue, Sunrise,FL 33351 Evaluation of Roof and Interior Damage at Dias' Residence Regarding expansion and contraction,this office found sufficient gap between the tiles to allow for adequate thermal expansion and contraction. High winds can move tiles powerfullyand unevenly up and down crackingthe tiles. Thermal expansion and contraction was not the cause for the crackingof the tiles. Therefore, this office stronglydisagreeswith ProNet's conclusion. Regarding exposure to the elements, tiles do not extensivelycrack,break, loosen, uplift, separate, detach,dislodgeand/or slipout ofpositionas a result oftheir sole exposure to the elements. Powerful winds are needed to cause these type of damages. Therefore, this office stronglydisagreeswith ProNet's conclusion. Regarding the qualityof materials and workmanship, it is well known that product approvalsare requiredin Florida by buildingdepartmentsin order to pullpermits for roof installations. Products are evaluated for compliance with recognized standards and the effective buildingcode. Products' manufacturers must have a qualityassurance (QA) program in place monitored by a state approved QA entity.These programs requiretestingthe tile material and the roof installation to assure quality."Vanguard Roll" concrete tiles product approvalhas expired.However, even though these tiles are no longercovered by a product approval,it is clear that a productapprovalwas used for the original peimittedroofinstallation which assured the qualityofthe tiles installed on the roof. Additionally,the roofinginstallation was timely approved by the buildingdepartment.It is well known that buildingdepartments would not approve a deficient roofinstallation. Likewise, insurance companies would not have insured them. This office found the qualityof the tiles and the roof installation to be within industrystandards. Therefore,this office stronglydisagreeswith ProNet's conclusion. According to Pronet's report, Page 5, Section IV Conclusions, third bullet: "The blistered drywall along the east -wall of the second floorden and delaminated ceilingdrywall in the garage resultedfrom long-termrainwater breachingthe roofcovering system at thefrst floorslopedroof to second floorwall termination, caused by aging, and wear and tear from exposure to the elements over the years ofservice and not from any weather event." Regarding the above, this office agrees with ProNet that the damage to the den's wall and to the garage ceilingwere caused by breachingof the garage roof system. However, agingand wear and tear from exposure to the elements do not extensivelycrack,break, loosen, upliftand detach roof tiles,and do not crack,break and dislodgeconcrete mortar, as seen on the garage roof, and as shown in our photos. The damage to the garage roof was definitely not long-tenn.This office finds itunreasonable to attribute the roofdamage to unsubstantiated causes when there was a verified severe weather event which was the Eta storm that was 8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197 ingconsultants@yahoo.com January 21st, 2022 Page 10 of 13 ?ConsultantsInc. 5491 NW 921nd Avenue, Sunrise,FL 33351 Evaluation of Roof and Interior Damage at Dias' Residence capable of causing the damage observed at the roof and ensuing roof leaks. Therefore, this office stronglydisagreeswith this conclusion. According to Citizen's letter-. "During this process, we inspectedyour client's property on 12/11/2020 and the engineer with Pronet inspectedtheir property on 2/10/2021 and determined the roof-wasleakinginto the interior of the home due to -wear and tear to the roof They also determined the cracked and loose roof tiles were the result of wear and tear, expansion, and faulty-workmanship due to inadequate installation of some of the roofing materials. They found no storm damage to the roof We conducted a thorough investigation and reviewed yourpolicyas our commitment tofindingcoverage foryour loss. Regarding the above, Citizens has denied the insurance claim based on ProNet's determinations as well as their own investigation. As above explained,this office does not agree that there is no stoim damage to the roof and that the roof damage and ensuingroof leaks were caused by wear and tear, expansion,faultyworkmanship, and inadequateinstallation of some of the roofingmaterials. In our professionalopinion,neither ProNet nor Citizens have been able to substantiate with evidence these conclusions. This office found sufficient, visible, clear,and ample evidence at the roof and inside the house which unequivocallysupport windstorm damage. There was a verified weather event on or about November 8111and 9m,2020 which is consistent with the wind damage observed at the roof. Our photos clearlyillustrate the severityand magnitude of the roof damage and show visible evidence of storm-created openings consistent with a high wind event. Therefore,this office stronglydisagreeswith the reasons givenby Citizens for denying coverage. Based on our investigation, this office has been able to foim an opinionabout the cause, origin,nature, and duration of the losses observed at the residence. Our visual observations, forensic investigation,experience, and professionaljudgment allow us to conclude with a reasonable degreeof engineeringcertaintythat there was a breach of the roof system due to TropicalStorm Eta which in our opinionwas the cause for the observed and reportedroof damage, roof leaks and ensuing interior damage. This office also considers that the roof damage is of such severityand magnitude that it will requirethe roof to be replaced in its entirety.Additionally,this office concludes that the condition of the roof at the subject property and the interior areas has not been substantially and materiallyaltered from the time of the date of loss to the date of our inspection. Therefore, any investigationconducted immediately followingthe date of loss would not have yieldedany other conclusion. Water intrusion inside living areas needs to be prevented since it can cause irreversible damage to structural components and interior areas. Water intrusion not only 8865 W. Sunrise Blvd. Plantation, FL 33322 - Phone: (954) 394-8521 Fax: (954) 583-5197 ingconsultants@yahoo.com January 21st, 2022 Page 11 of 13 ?ConsultantsInc. 5491 NW 921nd Avenue, Sunrise,FL 33351 Evaluation of Roof and Interior Damage at Dias' Residence damages interior finishes but it also creates the conditions for the development and propagation ofmoisture, fungi,mold and/or mildew. This is not only in detriment ofthe buildingstructural and non-structural components, but it can also cause severe health problems to occupants if allowed to continue. For this reason, in addition to the roof replacement and interior repairs, this office recommends engaging a c