Preview
Filing # 126519892 E-Filed 05/10/2021 05:29:23 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NO.: CACE-21-007460
AMER JERDANA,
Plaintiff,
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW Defendant, CITIZENS PROPERTY INSURANCE CORPORATION,
by and through its undersigned counsel, files its Answer and Affirmative Defenses to the
Complaint. For purposes of this Answer, all allegations not specifically admitted are
deemed denied.
The Parties
1. Defendant is without knowledge, therefore denied.
2. Denied. Citizens is a governmental entity created by the Florida Legislature to
provide property insurance within the State of Florida. As a governmental entity, it
is an integral part of the State, and not a Florida Corporation requiring licensure or
other qualification to transact business in Florida.
Page 1
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/10/2021 05:29:23 PM.****CASE NO.: CACE-21-007460
Jurisdiction and Venue
. Denied. As a governmental entity, Citizens has home venue privilege and an
absolute right to be sued in Leon County, Florida, where it maintains its principal
headquarters. Notwithstanding the home venue privilege, Citizens waives the
privilege in this case and agrees to maintenance of this suit in Broward County.
. Denied. As a governmental entity, Citizens has home venue privilege and an
absolute right to be sued in Leon County, Florida, where it maintains its principal
headquarters. Notwithstanding the home venue privilege, Citizens waives the
privilege in this case and agrees to maintenance of this suit in Broward County.
General Allegations
. Admitted that Defendant issued policy 03754708 (the “Policy”), to the insured,
Amer Jerdana, subject to the terms, conditions, and exclusions contained therein,
for the property located at 6651 SW 9 St., Pembroke Pines, Florida 33023 (the
“Property”), with a policy period of February 20, 2020 to February 20, 2021;
otherwise, denied.
. Denied as phrased
. Admitted to the extent it comports with Florida law and the subject policy;
otherwise, denied.
. Admitted to the extent it comports with Florida law and the subject policy;
otherwise, denied.
. Admitted to the extent it comports with Florida law and the subject policy;
otherwise, denied.
Page 2
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007460
10.Admitted that Defendant issued policy 03754708 (the “Policy”), to the insured,
Amer Jerdana, subject to the terms, conditions, and exclusions contained therein,
for the property located at 6651 SW 9'" St, Pembroke Pines, Florida 33023 (the
“Property”), with a policy period of February 20, 2020 to February 20, 2021;
otherwise, denied.
11. Denied.
12. Denied.
13.Admitted that Defendant was permitted access to the Property to inspect; denied
as to any and all other allegations contained in paragraph 13.
14. Denied.
15. Denied.
16. Denied.
Count!
(Breach of Contract)
17. Defendant re-alleges paragraphs 1-16 above and incorporates same by reference
herein.
18. Denied.
19. Admitted to the extent the Policy speaks for itself.
20.Admitted to the extent the Policy speaks for itself.
21.Denied.
22. Denied.
23. Denied.
24. Denied.
Page 3
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007460
25. Denied.
26. Denied.
27. Denied.
28. Denied.
Wherefore, Defendant denies each and every allegation contained in Plaintiff's
wherefore clause and demands judgment entered in favor of Defendant.
AFFIRMATIVE DEFENSES
Citizens pleads limited affirmative defenses to Plaintiffs Complaint. Under Florida
law, a defendant is entitled to defend its case in two ways: (1) by challenging a plaintiff's
ability to prove the essential elements of his or her claims, and (2) by asserting affirmative
defenses that seek to justify allegedly improper conduct, rather than to disprove it. In State
v. Cohen, 568 So. 2d 49 (Fla. 1990), the Florida Supreme Court explained the difference
between affirmative defenses and defenses to liability as follows:
An “affirmative defense” is any defense that assumes the complaint or charges to
be correct but raises other facts that, if true, would establish a valid excuse or justification
or a right to engage in the conduct in question. An affirmative defense does not concern
itself with elements of the offense at all; it concedes them. Id. at 51-52. The Court
explained that defenses that argue “Yes, | did it, but | had a good reason” are affirmative
defenses, while those that simply argue “I did not do it” are not affirmative defenses. Id.
See also Martin County v. Edenfield, 609 So. 2d 27, 29 (Fla. 1992) (explaining that, under
Florida law, “a ‘defense’ is any allegation raised by the defendant that, if true, would defeat
Page 4
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 -600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (054) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007460
or avoid the plaintiffs cause of action”). That said, Citizens pleads the following affirmative
defenses:
First Affirmative Defense
As its First Affirmative Defense, Defendant asserts that the Plaintiffs recovery, if
any, is barred and/or limited as some or all of the Plaintiff's alleged damage is not covered
by the Policy insofar as the alleged damage resulted from rain to the interior of a building
without a covered peril first damaging the building causing an opening in a roof or outside
wall with the rain entering through this opening. In support, Defendant points to the
following Policy language:
SECTION | - PERILS INSURED AGAINST
A. Coverage A — Dwelling And Coverage B — Other Structures
2. We do not insure, however, for loss:
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.
Second Affirmative Defense
As its Second Affirmative Defense, Defendant asserts that the Plaintiffs recovery,
if any, is barred and/or limited as some or all of the Plaintiff's alleged damage is not
covered by the Policy insofar as the alleged damage resulted from wear and tear, marring,
Page 5
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007460
and/or deterioration, which is not covered under the Policy. In support, Defendant points
to the following Policy language:
SECTION | - PERILS INSURED AGAINST
B. 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.
DEMAND FOR TRIAL BY JURY
The Defendant demands a trial by jury of all issues so triable.
RESERVATION OF RIGHT TO AMEND
Defendant hereby reserves the right to amend and supplement its Answer to
Plaintiffs’ Complaint with additional defenses pending the outcome of discovery, if any, in
this matter.
[CERTIFICATE OF SERVICE IS ON THE FOLLOWING PAGE]
Page 6
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007460
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 10th day of May, 2021, a true and correct copy
of the foregoing was filed with the Clerk of Broward County by using the Florida Courts
e-Filing Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Teresa Urda, Esq., Law Offices of Marcote &
Marcote De Moya, PLLC, urda@insurancelawadvocate.com;
matthew.corrons@insurancelawadvocate.com, 12595 SW 137" Ave., Miami, Florida
33186, (305) 256-2616/(305) 256-2446 (F), Attorney for Plaintiff, Amer Jerdana.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant
Lakeside Office Center, Suite 500
600 North Pine Island Road
Plantation, Florida 33324
Telephone (954) 703-3706
Facsimile (954) 474-7979
Primary e-mail: jose.campos@csklegal.com
Secondary e-mail: jake.roth@csklegal.com
Alternate e-mail: kalifa.gooden@csklegal.com
By: _s/ Jake A. Roth
JOSE F. CAMPOS
Florida Bar No.: 110733
JAKE A. ROTH
Florida Bar No.: 1025881
3228.6626-00
Page 7
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX
Preview
Filing # 126519892 E-Filed 05/10/2021 05:29:23 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-007460 AMER JERDANA, Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through its undersigned counsel, files its Answer and Affirmative Defenses to the Complaint. For purposes of this Answer, all allegations not specifically admitted are deemed denied. The Parties 1. Defendant is without knowledge, therefore denied. 2. Denied. Citizens is a governmental entity created by the Florida Legislature to provide property insurance within the State of Florida. As a governmental entity, it is an integral part of the State, and not a Florida Corporation requiring licensure or other qualification to transact business in Florida. Page 1 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/10/2021 05:29:23 PM.****CASE NO.: CACE-21-007460 Jurisdiction and Venue . Denied. As a governmental entity, Citizens has home venue privilege and an absolute right to be sued in Leon County, Florida, where it maintains its principal headquarters. Notwithstanding the home venue privilege, Citizens waives the privilege in this case and agrees to maintenance of this suit in Broward County. . Denied. As a governmental entity, Citizens has home venue privilege and an absolute right to be sued in Leon County, Florida, where it maintains its principal headquarters. Notwithstanding the home venue privilege, Citizens waives the privilege in this case and agrees to maintenance of this suit in Broward County. General Allegations . Admitted that Defendant issued policy 03754708 (the “Policy”), to the insured, Amer Jerdana, subject to the terms, conditions, and exclusions contained therein, for the property located at 6651 SW 9 St., Pembroke Pines, Florida 33023 (the “Property”), with a policy period of February 20, 2020 to February 20, 2021; otherwise, denied. . Denied as phrased . Admitted to the extent it comports with Florida law and the subject policy; otherwise, denied. . Admitted to the extent it comports with Florida law and the subject policy; otherwise, denied. . Admitted to the extent it comports with Florida law and the subject policy; otherwise, denied. Page 2 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007460 10.Admitted that Defendant issued policy 03754708 (the “Policy”), to the insured, Amer Jerdana, subject to the terms, conditions, and exclusions contained therein, for the property located at 6651 SW 9'" St, Pembroke Pines, Florida 33023 (the “Property”), with a policy period of February 20, 2020 to February 20, 2021; otherwise, denied. 11. Denied. 12. Denied. 13.Admitted that Defendant was permitted access to the Property to inspect; denied as to any and all other allegations contained in paragraph 13. 14. Denied. 15. Denied. 16. Denied. Count! (Breach of Contract) 17. Defendant re-alleges paragraphs 1-16 above and incorporates same by reference herein. 18. Denied. 19. Admitted to the extent the Policy speaks for itself. 20.Admitted to the extent the Policy speaks for itself. 21.Denied. 22. Denied. 23. Denied. 24. Denied. Page 3 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007460 25. Denied. 26. Denied. 27. Denied. 28. Denied. Wherefore, Defendant denies each and every allegation contained in Plaintiff's wherefore clause and demands judgment entered in favor of Defendant. AFFIRMATIVE DEFENSES Citizens pleads limited affirmative defenses to Plaintiffs Complaint. Under Florida law, a defendant is entitled to defend its case in two ways: (1) by challenging a plaintiff's ability to prove the essential elements of his or her claims, and (2) by asserting affirmative defenses that seek to justify allegedly improper conduct, rather than to disprove it. In State v. Cohen, 568 So. 2d 49 (Fla. 1990), the Florida Supreme Court explained the difference between affirmative defenses and defenses to liability as follows: An “affirmative defense” is any defense that assumes the complaint or charges to be correct but raises other facts that, if true, would establish a valid excuse or justification or a right to engage in the conduct in question. An affirmative defense does not concern itself with elements of the offense at all; it concedes them. Id. at 51-52. The Court explained that defenses that argue “Yes, | did it, but | had a good reason” are affirmative defenses, while those that simply argue “I did not do it” are not affirmative defenses. Id. See also Martin County v. Edenfield, 609 So. 2d 27, 29 (Fla. 1992) (explaining that, under Florida law, “a ‘defense’ is any allegation raised by the defendant that, if true, would defeat Page 4 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 -600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (054) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007460 or avoid the plaintiffs cause of action”). That said, Citizens pleads the following affirmative defenses: First Affirmative Defense As its First Affirmative Defense, Defendant asserts that the Plaintiffs recovery, if any, is barred and/or limited as some or all of the Plaintiff's alleged damage is not covered by the Policy insofar as the alleged damage resulted from rain to the interior of a building without a covered peril first damaging the building causing an opening in a roof or outside wall with the rain entering through this opening. In support, Defendant points to the following Policy language: SECTION | - PERILS INSURED AGAINST A. Coverage A — Dwelling And Coverage B — Other Structures 2. We do not insure, however, for loss: 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. Second Affirmative Defense As its Second Affirmative Defense, Defendant asserts that the Plaintiffs recovery, if any, is barred and/or limited as some or all of the Plaintiff's alleged damage is not covered by the Policy insofar as the alleged damage resulted from wear and tear, marring, Page 5 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007460 and/or deterioration, which is not covered under the Policy. In support, Defendant points to the following Policy language: SECTION | - PERILS INSURED AGAINST B. 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. DEMAND FOR TRIAL BY JURY The Defendant demands a trial by jury of all issues so triable. RESERVATION OF RIGHT TO AMEND Defendant hereby reserves the right to amend and supplement its Answer to Plaintiffs’ Complaint with additional defenses pending the outcome of discovery, if any, in this matter. [CERTIFICATE OF SERVICE IS ON THE FOLLOWING PAGE] Page 6 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007460 CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 10th day of May, 2021, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Teresa Urda, Esq., Law Offices of Marcote & Marcote De Moya, PLLC, urda@insurancelawadvocate.com; matthew.corrons@insurancelawadvocate.com, 12595 SW 137" Ave., Miami, Florida 33186, (305) 256-2616/(305) 256-2446 (F), Attorney for Plaintiff, Amer Jerdana. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant Lakeside Office Center, Suite 500 600 North Pine Island Road Plantation, Florida 33324 Telephone (954) 703-3706 Facsimile (954) 474-7979 Primary e-mail: jose.campos@csklegal.com Secondary e-mail: jake.roth@csklegal.com Alternate e-mail: kalifa.gooden@csklegal.com By: _s/ Jake A. Roth JOSE F. CAMPOS Florida Bar No.: 110733 JAKE A. ROTH Florida Bar No.: 1025881 3228.6626-00 Page 7 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX