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Filing # 126588738 E-Filed 05/11/2021 02:53:17 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
Case No.: CACE-21-007720
VANESSA DIAS, Claim No.: 001-00-252789
Plaintiff,
VS.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
$e
ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW Defendant, CITIZENS PROPERTY INSURANCE CORPORATION
(hereinafter “Citizens”), by and through undersigned counsel, and files this Answer and
Affirmative Defenses to Plaintiff's Complaint and as such would state as follows:
GENERAL ALLEGATIONS, JURISDICTION, AND VENUE
1. Without knowledge, therefore denied and strict proof thereof is demanded.
2. Admitted only that in this specific instance, Citizens waives its right to assert
venue being in Leon County, and accordingly, admits for purposes of this litigation that venue is
proper in Broward County, Florida, but reserves the right to have the depositions of Citizens’
agents, representatives and employees called to be deposed in this action in Duval County
(Jacksonville, Florida) as well as mediation and/or appraisal, if applicable, to be held in Duval
County (Jacksonville, Florida).
3. Without knowledge, therefore denied and strict proof thereof is demanded.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/11/2021 02:53:17 PM.****4. Admitted that Citizens is a non-profit, legislative entity whose responsibilities and
obligations are defined by Section 627.351(6), Fla. Stat. Citizens further admits that it is a
statutorily created entity of the government of the State of Florida conducting legislatively
mandated insurance functions in Broward County, Florida.
5. Admitted only that the insured, Vanessa Dias, was insured under a policy with
Defendant which provided coverage, subject to the provisions, conditions, exclusions, and
limitations of the subject policy and the applicable Florida Statutes. As to the remainder of the
allegations, without knowledge. Therefore, denied and strict proof thereof is demanded.
6. Admitted only that a copy of the subject policy of insurance will be provided
pursuant to a valid discovery request.
7. Admitted only that the policy speaks for itself.
8. Admitted only that on all dates material, the insured, Vanessa Dias, was insured
under a policy with Defendant which provided coverage, subject to the provisions, conditions,
exclusions, and limitations of the subject policy and the applicable Florida Statutes.
9. Denied and strict proof thereof is demanded.
10. Denied and strict proof thereof is demanded.
11. Denied and strict proof thereof is demanded.
12. Admitted only that the loss that is the subject of this litigation was reported to
Defendant.
13. Admitted that claim number IS90 was assigned to the loss that is the
subject of this litigation.
14. Denied and strict proof thereof is demanded.
Page 2 of 6
Case No.15. Admitted only that Defendant inspected the subject property relative to the loss
that is the subject of this litigation. As to the remainder of the allegations, denied and strict proof
thereof is demanded.
16. | Admitted only that Defendant inspected the subject property relative to the loss
that is the subject of this litigation.
17. Denied and strict proof thereof is demanded.
18. Denied and strict proof thereof is demanded.
19. Denied and strict proof thereof is demanded.
20. Denied and strict proof thereof is demanded.
COUNT I- BREACH OF CONTRACT
Defendant re-alleges and incorporates by reference Paragraphs ONE (1) through
TWENTY (20) as if fully set forth herein and further states:
21. Denied and strict proof thereof is demanded.
22. Denied and strict proof thereof is demanded.
23. Denied and strict proof thereof is demanded.
24. Without knowledge, therefore denied and strict proof thereof is demanded.
25. Without knowledge, therefore denied and strict proof thereof is demanded.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
Defendant would affirmatively allege that some of the damages are excepted from
coverage pursuant to the following provision:
SECTION I— PERILS INSURED AGAINST
A. Coverage A— Dwelling And Coverage B — Other Structures
2. We do not insure, however, for loss:
Page 3 of 6
Case No.b. Caused by:
(8) Rain, snow, sleet, sand or dust to the interior of a
building unless a covered peril first damages the building
causing an opening in a roof or wall and the rain, snow,
sleet, sand or dust enters through this opening;
Based on Defendant’s inspection of the subject property, no opening in a roof or wall from a
covered peril was observed. Therefore, the claimed damages are clearly excluded from coverage
based on the aforementioned provision.
SECOND AFFIRMATIVE DEFENSE
Defendant would affirmatively allege that some of the damages are excepted from
coverage pursuant to the following provision:
SECTION I— PERILS INSURED AGAINST
A. Coverage A — Dwelling And Coverage B — Other Structures
2. We do not insure, however, for loss:
b. Caused by:
(9) Any of the following:
(a) Wear and tear, marring, chipping, scratches,
dents, or deterioration;
@) Settling, shrinking, bulging or expansion,
including resultant cracking of pavements, patios,
foundations, walls, floors, roofs or ceilings;
Based on Defendant’s inspection of the subject property, the claimed damages damage are
clearly excluded from coverage based on the aforementioned provision.
THIRD AFFIRMATIVE DEFENSE
Defendant would affirmatively allege that some of the damages are excepted from
coverage pursuant to the following provision:
SECTION I— EXCLUSIONS
Page 4 of 6
Case No.B. We do not insure for loss to property described in Coverages A and B caused
by any of the following:
3. Faulty, Inadequate or Defective:
b. Design, specifications, workmanship, repair, construction,
renovation, remodeling, grading, compaction;
Based on Defendant’s inspection of the subject property, the claimed damages are clearly
excluded from coverage based on the aforementioned provision.
RESERVATION OF RIGHT TO AMEND
Citizens reserves the right to amend its Answer and Affirmative Defenses upon the
discovery of new information through the course of litigation.
WHEREFORE, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION,
demands Judgment against Plaintiff for costs and all other damages which this Court deems just
and equitable, respectfully requests this Honorable Court deny all demands of Plaintiff for costs
and all other damages, and trial by jury for all issues so triable.
Page 5 of 6
Case No.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
E-Mail this 11 day of May 2021 to the following:
Aaron S. Bass, Esq.
Silver, Bass & Brams, P.A.
500 South Australian Ave., Suite 800
West Palm Beach, FL 33401-6237 at:
edocuments@fllitigation.com
abass@fllitigation.com
ROIG LAWYERS
44 W. Flagler Street, Suite 2100
Miami, FL 33130
(305) 873-6055 / (305) 405-1022 Fax
Pleadings@RoigLawyers.com
BY:___/s/ Sydney E. Groll
SYDNEY E. GROLL, ESQ.
Florida Bar No. 1026801
Page 6 of 6
Case No.
Preview
Filing # 126588738 E-Filed 05/11/2021 02:53:17 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Case No.: CACE-21-007720 VANESSA DIAS, Claim No.: 001-00-252789 Plaintiff, VS. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. $e ANSWER AND AFFIRMATIVE DEFENSES COMES NOW Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (hereinafter “Citizens”), by and through undersigned counsel, and files this Answer and Affirmative Defenses to Plaintiff's Complaint and as such would state as follows: GENERAL ALLEGATIONS, JURISDICTION, AND VENUE 1. Without knowledge, therefore denied and strict proof thereof is demanded. 2. Admitted only that in this specific instance, Citizens waives its right to assert venue being in Leon County, and accordingly, admits for purposes of this litigation that venue is proper in Broward County, Florida, but reserves the right to have the depositions of Citizens’ agents, representatives and employees called to be deposed in this action in Duval County (Jacksonville, Florida) as well as mediation and/or appraisal, if applicable, to be held in Duval County (Jacksonville, Florida). 3. Without knowledge, therefore denied and strict proof thereof is demanded. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/11/2021 02:53:17 PM.****4. Admitted that Citizens is a non-profit, legislative entity whose responsibilities and obligations are defined by Section 627.351(6), Fla. Stat. Citizens further admits that it is a statutorily created entity of the government of the State of Florida conducting legislatively mandated insurance functions in Broward County, Florida. 5. Admitted only that the insured, Vanessa Dias, was insured under a policy with Defendant which provided coverage, subject to the provisions, conditions, exclusions, and limitations of the subject policy and the applicable Florida Statutes. As to the remainder of the allegations, without knowledge. Therefore, denied and strict proof thereof is demanded. 6. Admitted only that a copy of the subject policy of insurance will be provided pursuant to a valid discovery request. 7. Admitted only that the policy speaks for itself. 8. Admitted only that on all dates material, the insured, Vanessa Dias, was insured under a policy with Defendant which provided coverage, subject to the provisions, conditions, exclusions, and limitations of the subject policy and the applicable Florida Statutes. 9. Denied and strict proof thereof is demanded. 10. Denied and strict proof thereof is demanded. 11. Denied and strict proof thereof is demanded. 12. Admitted only that the loss that is the subject of this litigation was reported to Defendant. 13. Admitted that claim number IS90 was assigned to the loss that is the subject of this litigation. 14. Denied and strict proof thereof is demanded. Page 2 of 6 Case No.15. Admitted only that Defendant inspected the subject property relative to the loss that is the subject of this litigation. As to the remainder of the allegations, denied and strict proof thereof is demanded. 16. | Admitted only that Defendant inspected the subject property relative to the loss that is the subject of this litigation. 17. Denied and strict proof thereof is demanded. 18. Denied and strict proof thereof is demanded. 19. Denied and strict proof thereof is demanded. 20. Denied and strict proof thereof is demanded. COUNT I- BREACH OF CONTRACT Defendant re-alleges and incorporates by reference Paragraphs ONE (1) through TWENTY (20) as if fully set forth herein and further states: 21. Denied and strict proof thereof is demanded. 22. Denied and strict proof thereof is demanded. 23. Denied and strict proof thereof is demanded. 24. Without knowledge, therefore denied and strict proof thereof is demanded. 25. Without knowledge, therefore denied and strict proof thereof is demanded. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Defendant would affirmatively allege that some of the damages are excepted from coverage pursuant to the following provision: SECTION I— PERILS INSURED AGAINST A. Coverage A— Dwelling And Coverage B — Other Structures 2. We do not insure, however, for loss: Page 3 of 6 Case No.b. Caused by: (8) Rain, snow, sleet, sand or dust to the interior of a building unless a covered peril first damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening; Based on Defendant’s inspection of the subject property, no opening in a roof or wall from a covered peril was observed. Therefore, the claimed damages are clearly excluded from coverage based on the aforementioned provision. SECOND AFFIRMATIVE DEFENSE Defendant would affirmatively allege that some of the damages are excepted from coverage pursuant to the following provision: SECTION I— PERILS INSURED AGAINST A. Coverage A — Dwelling And Coverage B — Other Structures 2. We do not insure, however, for loss: b. Caused by: (9) Any of the following: (a) Wear and tear, marring, chipping, scratches, dents, or deterioration; @) Settling, shrinking, bulging or expansion, including resultant cracking of pavements, patios, foundations, walls, floors, roofs or ceilings; Based on Defendant’s inspection of the subject property, the claimed damages damage are clearly excluded from coverage based on the aforementioned provision. THIRD AFFIRMATIVE DEFENSE Defendant would affirmatively allege that some of the damages are excepted from coverage pursuant to the following provision: SECTION I— EXCLUSIONS Page 4 of 6 Case No.B. We do not insure for loss to property described in Coverages A and B caused by any of the following: 3. Faulty, Inadequate or Defective: b. Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; Based on Defendant’s inspection of the subject property, the claimed damages are clearly excluded from coverage based on the aforementioned provision. RESERVATION OF RIGHT TO AMEND Citizens reserves the right to amend its Answer and Affirmative Defenses upon the discovery of new information through the course of litigation. WHEREFORE, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, demands Judgment against Plaintiff for costs and all other damages which this Court deems just and equitable, respectfully requests this Honorable Court deny all demands of Plaintiff for costs and all other damages, and trial by jury for all issues so triable. Page 5 of 6 Case No.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E-Mail this 11 day of May 2021 to the following: Aaron S. Bass, Esq. Silver, Bass & Brams, P.A. 500 South Australian Ave., Suite 800 West Palm Beach, FL 33401-6237 at: edocuments@fllitigation.com abass@fllitigation.com ROIG LAWYERS 44 W. Flagler Street, Suite 2100 Miami, FL 33130 (305) 873-6055 / (305) 405-1022 Fax Pleadings@RoigLawyers.com BY:___/s/ Sydney E. Groll SYDNEY E. GROLL, ESQ. Florida Bar No. 1026801 Page 6 of 6 Case No.