Preview
Filing # 132896669 E-Filed 08/18/2021 09:32:46 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
JOHN OONNOONNY and
JYOTHY JOHN, CASE NO.: CACE-21-010755
Plaintiffs,
V
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION'S
ANSWER AND AFFIRMATIVE DEFENSES
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, (hereinafter
"Citizens")by and through the undersigned counsel, hereby files this, its Answer and Affirmative
Defenses to Plaintiffs', JOHN OONNOONNY and JYOTHY JOHN, Amended Complaint, and
states as follows:
JURISDICTIONAND VENUE
1. The allegations contained in Paragraph 1 of Plaintiffs' Amended Complaint are
admitted for jurisdictional purposes and only to admit that the jurisdictional amount has been
alleged.
2. Defendant is without knowledge or information to form a belief as to the truth of
Paragraph 2 of Plaintiffs' Amended Complaint and on that basis denies the allegations contained
therein.
3 In response to the allegations contained in paragraph 3 ofthe Plaintiffs' Amended
Complaint, Defendant admits that it is a State of Florida governmental entity created by the
Florida Legislature that is authorized by Florida Statutes to provide property insurance within the
QU[NTAIROS, PRIETO, WOOD & BOYER, P.A.,ATTORNEYS AT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161
' '
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/18/2021 09:32:46 AM.****
CASE NO.: CACE-21-010755
Page 2 of 9
State of Florida, including Broward County. Denied as to all remaining allegations and inferences
contained within Paragraph 3.
4. Defendant denies the allegations contained in paragraph 4 of the Plaintiffs'
Amended Complaint. Defendant asserts that it is a
statutorily created government entity and a
state agency for purposes of home venue privilege. As such, venue is proper only in Leon County
where Defendant maintains its principal headquarters. Lake Cow* Boys Ranch v.
Kearney, 790
So.2d 602 (Fla. 5th DCA 2001) (citing Carlie v. Game and Fresh Water Fish Comm'n, 354 So. 2d
362 (Fla. 1977). Unless there is a waiver or exception, the home venue privilege is an absolute
right in Florida law. Stovall v. Cooper, 860 So. 2d 5 (Fla. 2d DCA 2002) (citing Jacksonville Elect.
Aut h. v. Clay Couno' UNA Aut h., 802 So. 2d 1190, 1192 *Fla. 1'1 DCA 2002). Defendant,
however, waives venue specifically for the purposes of this lawsuit and submits to venue in
Broward County. Denied as to all remainingallegations and inferences containedwithin Paragraph
4.
GENERAL ALLEGATIONS
5. In response to the allegations contained in paragraph 5 o f the Plaintiffs' Amended
Complaint, Defendant only admits that it issued to the Insureds,John Oonnoonny and Jyothy John,
a Homeowners HO-3 Special Form Policy bearing policy number 03174697 with effective dates
of coverage from January 29,2019 through January 29,2020, insuring the property located at 1911
-th
NW 86 Terrace, Pembroke Pines, Florida 33024 (the "SubjectPolicy") subject to the conditions,
exclusions and limitations contained in the Policy. As to the coverages provided by the policy,
said allegations are based on a document, which iftrue and correct, speaks for itself. All remaining
allegations and inferences inconsistent therewith are denied.
QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161
' '
CASE NO.: CACE-21-010755
Page 3 of 9
6. In response to the allegations contained in paragraph 6 o f the Plaintiffs' Amended
Complaint, Defendant only admits that it issued to the Insureds, John Oonnoonny and Jyothy John,
a Homeowners HO-3 Special Form Policy bearing policy number 03174697 with effective dates
of coverage from January 29,2019 through January 29,2020, insuring the property located at 1911
th
NW 86. Terrace, Pembroke Pines, Florida 33024 in exchange for a premium. All remaining
allegations and inferences inconsistent therewith are denied.
7. In response to the allegations contained in paragraph 7 o f the Plaintiffs' Amended
Complaint, Defendant only admits that Plaintiffs reported the Property sustained damages on or
about August 5, 2019. Denied as to all remaining allegations and inferences contained within
Paragraph 7.
8 In response to the allegations in paragraph 8 of Plaintiffs' Amended Complaint,
Defendant admits that some ofthe damages were covered under the subjectpolicy and the Insureds
were fully indemnified for all losses covered under the policy consistent with the coverages,
exclusions, and limits listed therein. Denied as to all remaining allegations and inferences
contained within Paragraph 8.
9- Defendant denies the allegations contained in paragraph 9 of Plaintiffs' Amended
Complaint as phrased and demands strict proof thereof.
10. Defendant denies the allegations contained in paragraph 10 ofPlaintiffs'Amended
Complaint and demands strict proofthereof.
11. Defendant denies the allegations contained in paragraph 11 ofPlaintiffs'Amended
Complaint with specificity. Specifically, the Plaintiffs failed to comply with the duties after loss
including failing to provide prompt notice to the Defendant, failing to protect the property from
further damage, and failing to provide records and documents requested by the Defendant. Based
QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161
' '
CASE NO.: CACE-21-010755
Page 4 of 9
on the foregoing, the Plaintiffs have failed to comply with the conditions precedent to filing the
subject lawsuit. Defendant further denies that it waived any of the conditions under the subject
policy.
12. Defendant denies the allegations contained in paragraph 12 of Plaintiffs' Amended
Complaint and demands strict proofthereof.
COUNTI
BREACH OF CONTRACT
13. Defendant re-alleges and re-avers its responses to Paragraphs 1 through 12 above
as if fully set forth herein.
14. In response to the allegations contained in paragraph 14 ofthe Plaintiffs' Amended
Complaint, Defendant only admits that it issued to the Insureds,John Oonnoonny and Jyothy John,
a Homeowners HO-3 Special Form Policy bearing policy number 03174697 with effective dates
of coverage from January 29,2019 through January 29,2020, insuring the property located at 1911
th
NW 86 Terrace, Pembroke Pines, Florida subject to the conditions, exclusions and limitations
contained in the Policy. All remaining allegations and inferences inconsistent therewith are
denied.
15. In response to the allegations contained in paragraph 15 ofthe Plaintiffs' Amended
Complaint, Defendant only admits that it issued to the Insureds,John Oonnoonny and Jyothy John,
a Homeowners HO-3 Special Form Policy bearing policy number 03174697 with effective dates
of coverage from January 29,2019 through January 29,2020, insuring the property located at 1911
th
NW 86 Terrace, Pembroke Pines, Florida subject to the conditions, exclusions and limitations
contained in the Policy. All remaining allegations and inferences inconsistent therewith are
denied. As to the coverages provided by the policy, said allegations are based on a document,
QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161
' '
CASE NO.: CACE-21-010755
Page 5 of 9
which if true and correct, speaks for itself. All remaining allegations and inferences inconsistent
therewith are denied.
16. In response to the allegations in paragraph 16 of Plaintiffs' Amended Complaint,
Defendant admits that some ofthe damages were covered under the subjectpolicy and the Insureds
were fully indemnified for all losses covered under the policy consistent with the coverages,
exclusions, and limits listed therein. Denied as to all remaining allegations and inferences
contained within Paragraph 16.
17. Defendant denies the allegations contained in paragraph 17 ofPlaintiffs'Amended
Complaint and demands strict proofthereof.
18. Defendant denies the allegations contained in paragraph 18 ofPlaintiffs'Amended
Complaint and demands strict proofthereof.
19. Defendant denies the allegations contained in paragraph 19 ofPlaintiffs'Amended
Complaint and demands strict proofthereof.
20. Defendant denies the allegations contained in paragraph 20 of Plaintiffs' Amended
Complaint, including all subparts, and demands strict proof thereof.
21. Defendant neither admits nor denies the allegations contained in Paragraph 21 of
Plaintiffs' Complaint, as they do not contain factual allegations to which a response is required.
To the extent an answer is deemed necessary, the allegations contained in Paragraph 21 of
Plaintiffs' Amended Complaint are denied.
22. To the extent that the "WHEREFORE" Clause of the Plaintiffs' Amended
Complaint contains any allegations against the Defendant, Defendant denies each and every such
allegation contained therein, including all subparts.
QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161
' '
CASE NO.: CACE-21-010755
Page 6 of 9
DEMAND FOR TRIAL BY JURY
23. Defendant demands Trial by Jury of all issues so triable as a matter of right.
GENERAL DENIAL
24. Regarding any other allegations contained within the Plaintiffs' Amended
Complaint that have not been expressly responded to, Defendant denies each and every such
allegation containedtherein.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
25. The Plaintiffs' damages should be offset by the Subject Policy's deductible and
prior payments made by CITIZENS in this matter prior to the Plaintiffs filing suit. Specifically,
CITIZENS issued payment to the Plaintiffs in the amount of $15,163.79 and the Insureds were
fully indemnified for all losses covered under the policy consistent with the coverages, exclusions,
and limits listed therein.
SECOND AFFIRMATIVE DEFENSE
26. The Plaintiffs' action is barred because the policy does not provide coverage for
wear and tear, marring, ch*ping, scratches, dents, or deterioration and/or or rust, decay or other
corrosion. During Citizens' inspections, wear and tear to the patio flat roof and enclosed patio was
observed. Further, there was discoloration and staining present on the paneling on the ceiling in
the enclosed patio. Also, sections ofthe paneling on the ceiling ofthe enclosed patio were warped
and separating. Lastly, there was
pre-existing interior drywall staining in the master bathroom.
The policy excludes coverage for same as set forth below:
SECTION I -
PERILS INSURED AGAINST
COVERAGE A -
DWELLING and COVERAGE B -
OTHER
STRUCTURES
QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161
' '
CASE NO.: CACE-21-010755
Page 7 of 9
We insure against risk of direct loss to property described in
Coverages A and B only if that loss is a physical loss to property.
***
We do not insure, however, for loss;
b. Caused by:
9. (a) Wear and tear, marring, chipping,
scratches, dents, or deterioration;
***
(c) Smog, rust, decay or other corrosion;
THIRD AFFIRMATIVE DEFENSE
27. Defendant is only liable for the least of the actual cost to repair or replace the
damaged property with material or property of like kind and quality. The Plaintiffs are barred from
recoveringfor damage to materialsthat are not of like, kind and quality and not necessaryto match
adjoining areas pursuant to the terms and conditions ofthe policy and Florida law. Plaintiffs have
submitted an estimate for damages that include numerous repairs that are excessive, inaccurate,
unwarranted, upgrades, and/or relate to areas ofthe Property that were not damaged. For example,
Plaintiffs' estimate includes damages for the roof that are not of like, kind and quality and for
matching adjoining areas that is not necessary.
FOURTH AFFIRMATIVE DEFENSE
28. Plaintiffs' action is barred because Defendant is only liable to pay "at least the
actual cash value of the damage, less any applicable deductible, until actual repair is performed."
The Policy covers loss that is a direct physical loss to covered property (property that was actually
damaged). The Defendant fully indemnified the Plaintiffs after the applicable deductible for the
property that was actually damaged (more than actual cash value) and Plaintiffs accepted the
tender. For example, at this time, Plaintiffs are not entitled to recover for costs relating to the
matching of undamaged items. Pursuant to the policy and section 627.7011(3)(a), Florida Statute
QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161
' '
CASE NO.: CACE-21-010755
Page 8 of 9
(2019), Plaintiffs are not entitled to additional recovery until "work is performed and expenses are
incurred." The Plaintiffs have not conducted any repairs at this time. Therefore, pursuant to the
policy and 627.7011(3)(a), Florida Statute (2019), Defendant is under no duty to pay the Plaintiffs
additional monies and/or was under an
obligation to pay an amount for repairs that exceeded
Defendant's payment. The policy provides in part:
SECTION I -
PERILS INSURED AGAINST
COVERAGE A -
DWELLING and COVERAGE B -
OTHER
STRUCTURES
We insure against risk of direct loss to property described in
Coverages A and B only if that loss is a physical loss to property.
SECTION I -
CONDITIONS
C. Loss Settlement. Covered property losses are settled as
follows:
2. (d) We will initially pay at least the actual cash
value of the insured loss, less any applicable
deductible.
We will any remaining amounts
pay
necessaryto perform such repairs as the work
isperformed and the expenses are incurred
and according to the provisions of 2.(a) and
2.(b) above.
29. The Plaintiffs' action is barred by and subject to any and all coverage defenses
and/or exclusions provided by the policy and/or at law and Defendant specificallyreserves its right
to raise such coverage defenses or exclusions.
WHEREFORE, the Defendant, CITIZENS PROPERTY INSURANCE
CORPORATION, respectfully requests that this Honorable Court enter Judgment in its favor and
award such other and further relief as is just and proper under the law. At the time of this Answer
to the Amended Complaint, Defendant did not know which additional affirmative defenses, if any,
QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161
' '
CASE NO.: CACE-21-010755
Page 9 of 9
may apply. Rather than waive same, Defendant reserves the right to amend this Answer to the
Complaint to assert additional matters constituting an avoidance or affirmative defense which may
be revealed through discovery.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy o f the foregoing was served via E-Mail
to: com and this 181L? day
ofAugust, 2021 to: A. Lee Smith, Esq., at Smith Thompson Law.
QUINTAIROS,PRIETO, WOOD
& BOYER, P.A
th
9300 South Dadeland Boulevard, 4 Floor
Miami, Florida 33156
Telephone: (305) 670-1101
Facsimile: (305) 670-1161
By: /s/ Veronica Rubio
ASIKA PATEL, ESQ.
Florida Bar No. 0581011
VERONICA RUBIO, ESQ.
Florida Bar No. 93002
QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161
' '
Preview
Filing # 132896669 E-Filed 08/18/2021 09:32:46 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION JOHN OONNOONNY and JYOTHY JOHN, CASE NO.: CACE-21-010755 Plaintiffs, V CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION'S ANSWER AND AFFIRMATIVE DEFENSES Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, (hereinafter "Citizens")by and through the undersigned counsel, hereby files this, its Answer and Affirmative Defenses to Plaintiffs', JOHN OONNOONNY and JYOTHY JOHN, Amended Complaint, and states as follows: JURISDICTIONAND VENUE 1. The allegations contained in Paragraph 1 of Plaintiffs' Amended Complaint are admitted for jurisdictional purposes and only to admit that the jurisdictional amount has been alleged. 2. Defendant is without knowledge or information to form a belief as to the truth of Paragraph 2 of Plaintiffs' Amended Complaint and on that basis denies the allegations contained therein. 3 In response to the allegations contained in paragraph 3 ofthe Plaintiffs' Amended Complaint, Defendant admits that it is a State of Florida governmental entity created by the Florida Legislature that is authorized by Florida Statutes to provide property insurance within the QU[NTAIROS, PRIETO, WOOD & BOYER, P.A.,ATTORNEYS AT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161 ' ' *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/18/2021 09:32:46 AM.**** CASE NO.: CACE-21-010755 Page 2 of 9 State of Florida, including Broward County. Denied as to all remaining allegations and inferences contained within Paragraph 3. 4. Defendant denies the allegations contained in paragraph 4 of the Plaintiffs' Amended Complaint. Defendant asserts that it is a statutorily created government entity and a state agency for purposes of home venue privilege. As such, venue is proper only in Leon County where Defendant maintains its principal headquarters. Lake Cow* Boys Ranch v. Kearney, 790 So.2d 602 (Fla. 5th DCA 2001) (citing Carlie v. Game and Fresh Water Fish Comm'n, 354 So. 2d 362 (Fla. 1977). Unless there is a waiver or exception, the home venue privilege is an absolute right in Florida law. Stovall v. Cooper, 860 So. 2d 5 (Fla. 2d DCA 2002) (citing Jacksonville Elect. Aut h. v. Clay Couno' UNA Aut h., 802 So. 2d 1190, 1192 *Fla. 1'1 DCA 2002). Defendant, however, waives venue specifically for the purposes of this lawsuit and submits to venue in Broward County. Denied as to all remainingallegations and inferences containedwithin Paragraph 4. GENERAL ALLEGATIONS 5. In response to the allegations contained in paragraph 5 o f the Plaintiffs' Amended Complaint, Defendant only admits that it issued to the Insureds,John Oonnoonny and Jyothy John, a Homeowners HO-3 Special Form Policy bearing policy number 03174697 with effective dates of coverage from January 29,2019 through January 29,2020, insuring the property located at 1911 -th NW 86 Terrace, Pembroke Pines, Florida 33024 (the "SubjectPolicy") subject to the conditions, exclusions and limitations contained in the Policy. As to the coverages provided by the policy, said allegations are based on a document, which iftrue and correct, speaks for itself. All remaining allegations and inferences inconsistent therewith are denied. QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161 ' ' CASE NO.: CACE-21-010755 Page 3 of 9 6. In response to the allegations contained in paragraph 6 o f the Plaintiffs' Amended Complaint, Defendant only admits that it issued to the Insureds, John Oonnoonny and Jyothy John, a Homeowners HO-3 Special Form Policy bearing policy number 03174697 with effective dates of coverage from January 29,2019 through January 29,2020, insuring the property located at 1911 th NW 86. Terrace, Pembroke Pines, Florida 33024 in exchange for a premium. All remaining allegations and inferences inconsistent therewith are denied. 7. In response to the allegations contained in paragraph 7 o f the Plaintiffs' Amended Complaint, Defendant only admits that Plaintiffs reported the Property sustained damages on or about August 5, 2019. Denied as to all remaining allegations and inferences contained within Paragraph 7. 8 In response to the allegations in paragraph 8 of Plaintiffs' Amended Complaint, Defendant admits that some ofthe damages were covered under the subjectpolicy and the Insureds were fully indemnified for all losses covered under the policy consistent with the coverages, exclusions, and limits listed therein. Denied as to all remaining allegations and inferences contained within Paragraph 8. 9- Defendant denies the allegations contained in paragraph 9 of Plaintiffs' Amended Complaint as phrased and demands strict proof thereof. 10. Defendant denies the allegations contained in paragraph 10 ofPlaintiffs'Amended Complaint and demands strict proofthereof. 11. Defendant denies the allegations contained in paragraph 11 ofPlaintiffs'Amended Complaint with specificity. Specifically, the Plaintiffs failed to comply with the duties after loss including failing to provide prompt notice to the Defendant, failing to protect the property from further damage, and failing to provide records and documents requested by the Defendant. Based QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161 ' ' CASE NO.: CACE-21-010755 Page 4 of 9 on the foregoing, the Plaintiffs have failed to comply with the conditions precedent to filing the subject lawsuit. Defendant further denies that it waived any of the conditions under the subject policy. 12. Defendant denies the allegations contained in paragraph 12 of Plaintiffs' Amended Complaint and demands strict proofthereof. COUNTI BREACH OF CONTRACT 13. Defendant re-alleges and re-avers its responses to Paragraphs 1 through 12 above as if fully set forth herein. 14. In response to the allegations contained in paragraph 14 ofthe Plaintiffs' Amended Complaint, Defendant only admits that it issued to the Insureds,John Oonnoonny and Jyothy John, a Homeowners HO-3 Special Form Policy bearing policy number 03174697 with effective dates of coverage from January 29,2019 through January 29,2020, insuring the property located at 1911 th NW 86 Terrace, Pembroke Pines, Florida subject to the conditions, exclusions and limitations contained in the Policy. All remaining allegations and inferences inconsistent therewith are denied. 15. In response to the allegations contained in paragraph 15 ofthe Plaintiffs' Amended Complaint, Defendant only admits that it issued to the Insureds,John Oonnoonny and Jyothy John, a Homeowners HO-3 Special Form Policy bearing policy number 03174697 with effective dates of coverage from January 29,2019 through January 29,2020, insuring the property located at 1911 th NW 86 Terrace, Pembroke Pines, Florida subject to the conditions, exclusions and limitations contained in the Policy. All remaining allegations and inferences inconsistent therewith are denied. As to the coverages provided by the policy, said allegations are based on a document, QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161 ' ' CASE NO.: CACE-21-010755 Page 5 of 9 which if true and correct, speaks for itself. All remaining allegations and inferences inconsistent therewith are denied. 16. In response to the allegations in paragraph 16 of Plaintiffs' Amended Complaint, Defendant admits that some ofthe damages were covered under the subjectpolicy and the Insureds were fully indemnified for all losses covered under the policy consistent with the coverages, exclusions, and limits listed therein. Denied as to all remaining allegations and inferences contained within Paragraph 16. 17. Defendant denies the allegations contained in paragraph 17 ofPlaintiffs'Amended Complaint and demands strict proofthereof. 18. Defendant denies the allegations contained in paragraph 18 ofPlaintiffs'Amended Complaint and demands strict proofthereof. 19. Defendant denies the allegations contained in paragraph 19 ofPlaintiffs'Amended Complaint and demands strict proofthereof. 20. Defendant denies the allegations contained in paragraph 20 of Plaintiffs' Amended Complaint, including all subparts, and demands strict proof thereof. 21. Defendant neither admits nor denies the allegations contained in Paragraph 21 of Plaintiffs' Complaint, as they do not contain factual allegations to which a response is required. To the extent an answer is deemed necessary, the allegations contained in Paragraph 21 of Plaintiffs' Amended Complaint are denied. 22. To the extent that the "WHEREFORE" Clause of the Plaintiffs' Amended Complaint contains any allegations against the Defendant, Defendant denies each and every such allegation contained therein, including all subparts. QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161 ' ' CASE NO.: CACE-21-010755 Page 6 of 9 DEMAND FOR TRIAL BY JURY 23. Defendant demands Trial by Jury of all issues so triable as a matter of right. GENERAL DENIAL 24. Regarding any other allegations contained within the Plaintiffs' Amended Complaint that have not been expressly responded to, Defendant denies each and every such allegation containedtherein. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE 25. The Plaintiffs' damages should be offset by the Subject Policy's deductible and prior payments made by CITIZENS in this matter prior to the Plaintiffs filing suit. Specifically, CITIZENS issued payment to the Plaintiffs in the amount of $15,163.79 and the Insureds were fully indemnified for all losses covered under the policy consistent with the coverages, exclusions, and limits listed therein. SECOND AFFIRMATIVE DEFENSE 26. The Plaintiffs' action is barred because the policy does not provide coverage for wear and tear, marring, ch*ping, scratches, dents, or deterioration and/or or rust, decay or other corrosion. During Citizens' inspections, wear and tear to the patio flat roof and enclosed patio was observed. Further, there was discoloration and staining present on the paneling on the ceiling in the enclosed patio. Also, sections ofthe paneling on the ceiling ofthe enclosed patio were warped and separating. Lastly, there was pre-existing interior drywall staining in the master bathroom. The policy excludes coverage for same as set forth below: SECTION I - PERILS INSURED AGAINST COVERAGE A - DWELLING and COVERAGE B - OTHER STRUCTURES QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161 ' ' CASE NO.: CACE-21-010755 Page 7 of 9 We insure against risk of direct loss to property described in Coverages A and B only if that loss is a physical loss to property. *** We do not insure, however, for loss; b. Caused by: 9. (a) Wear and tear, marring, chipping, scratches, dents, or deterioration; *** (c) Smog, rust, decay or other corrosion; THIRD AFFIRMATIVE DEFENSE 27. Defendant is only liable for the least of the actual cost to repair or replace the damaged property with material or property of like kind and quality. The Plaintiffs are barred from recoveringfor damage to materialsthat are not of like, kind and quality and not necessaryto match adjoining areas pursuant to the terms and conditions ofthe policy and Florida law. Plaintiffs have submitted an estimate for damages that include numerous repairs that are excessive, inaccurate, unwarranted, upgrades, and/or relate to areas ofthe Property that were not damaged. For example, Plaintiffs' estimate includes damages for the roof that are not of like, kind and quality and for matching adjoining areas that is not necessary. FOURTH AFFIRMATIVE DEFENSE 28. Plaintiffs' action is barred because Defendant is only liable to pay "at least the actual cash value of the damage, less any applicable deductible, until actual repair is performed." The Policy covers loss that is a direct physical loss to covered property (property that was actually damaged). The Defendant fully indemnified the Plaintiffs after the applicable deductible for the property that was actually damaged (more than actual cash value) and Plaintiffs accepted the tender. For example, at this time, Plaintiffs are not entitled to recover for costs relating to the matching of undamaged items. Pursuant to the policy and section 627.7011(3)(a), Florida Statute QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161 ' ' CASE NO.: CACE-21-010755 Page 8 of 9 (2019), Plaintiffs are not entitled to additional recovery until "work is performed and expenses are incurred." The Plaintiffs have not conducted any repairs at this time. Therefore, pursuant to the policy and 627.7011(3)(a), Florida Statute (2019), Defendant is under no duty to pay the Plaintiffs additional monies and/or was under an obligation to pay an amount for repairs that exceeded Defendant's payment. The policy provides in part: SECTION I - PERILS INSURED AGAINST COVERAGE A - DWELLING and COVERAGE B - OTHER STRUCTURES We insure against risk of direct loss to property described in Coverages A and B only if that loss is a physical loss to property. SECTION I - CONDITIONS C. Loss Settlement. Covered property losses are settled as follows: 2. (d) We will initially pay at least the actual cash value of the insured loss, less any applicable deductible. We will any remaining amounts pay necessaryto perform such repairs as the work isperformed and the expenses are incurred and according to the provisions of 2.(a) and 2.(b) above. 29. The Plaintiffs' action is barred by and subject to any and all coverage defenses and/or exclusions provided by the policy and/or at law and Defendant specificallyreserves its right to raise such coverage defenses or exclusions. WHEREFORE, the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, respectfully requests that this Honorable Court enter Judgment in its favor and award such other and further relief as is just and proper under the law. At the time of this Answer to the Amended Complaint, Defendant did not know which additional affirmative defenses, if any, QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161 ' ' CASE NO.: CACE-21-010755 Page 9 of 9 may apply. Rather than waive same, Defendant reserves the right to amend this Answer to the Complaint to assert additional matters constituting an avoidance or affirmative defense which may be revealed through discovery. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy o f the foregoing was served via E-Mail to: com and this 181L? day ofAugust, 2021 to: A. Lee Smith, Esq., at Smith Thompson Law. QUINTAIROS,PRIETO, WOOD & BOYER, P.A th 9300 South Dadeland Boulevard, 4 Floor Miami, Florida 33156 Telephone: (305) 670-1101 Facsimile: (305) 670-1161 By: /s/ Veronica Rubio ASIKA PATEL, ESQ. Florida Bar No. 0581011 VERONICA RUBIO, ESQ. Florida Bar No. 93002 QUINTAIROS, PRIETO, WOOD & BOYER, P.A., ATTORNEYSAT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 Tel: (305) 670-1101 Fax: (305) 670-1161 ' '