Answer: LUIS MADRAZO VS CITIZENS PROPERTY INSURANCE CORPORATION

On October 25, 2021 a Answer was filed involving a dispute between Madrazo, Luis, and Citizens Property Insurance Corporation, for Contract & Indebtedness in the District Court of Miami-Dade County.

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Filing # 139244936 E-Filed 11/29/2021 12:22:08 PM

IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI DADE COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION

CASE NO: 2021-023723-CA-01
LUIS MADRAZO,

Plaintiff(s),
v.

CITIZENS PROPERTY INSURANCE CORPORATION,

Defendant.
_________________________________/

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES

COMES NOW, the Defendant, Citizens Property Insurance Corporation, by and through

its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.100 and 1.140, answers the Complaint

as follows:

1. The allegations in paragraph 1 are unknown and therefore denied.

2. Citizens admits, pursuant to paragraph 2 of the Complaint, that it is a State of

Florida governmental entity created by the Florida Legislature to provide property insurance

within the state of Florida. Citizens is a governmental entity, an integral part of the state, and not

an insurance company requiring licensure or other qualification to transact business in Florida.

§627.351(6)(a)1, Fla. Stat. (2012). Citizens further denies that it does business in Miami-Dade

County, Florida. Citizens avers and asserts that it as a governmental entity, has home venue

privilege and an absolute right to be sued in Leon County, Florida, where it maintains its principal

headquarters. Fla. Public Serv. Comm’n v. Triple “A” Enter., 387 So. 2d 940 (Fla. 1980); Carlisle

v. Game and Freshwater Fish Comm’n, 354 So. 2d 362 (Fla. 1977); Poe & Assocs, LLC v. Citizens

Prop. Ins. Corp. Case No. 08-6352, Hillsborough County Circuit Court (Dec. 2008) (ordering
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LAW OFFICE OF HOFFMAN & HOFFMAN, P.A.
66 W Flagler Street, Miami, Florida 33130 ~ Telephone: 305.372.2877 Fax: 305.372.2875
transfer to Leon County). Notwithstanding Citizens’ home venue privilege, it waives that privilege

in this case and agrees to the maintenance of this suit in Miami-Dade County. Florida.

3. The allegations in paragraph 1 are admitted for jurisdictional purposes only.

4. The allegations in paragraph 4 are admitted.

5. Citizens is without sufficient knowledge or information to admit or deny the

allegations contained within paragraph 5 of the Complaint, and therefore denies same. Citizens is

without knowledge as to what conditions precedent are referred to by the Plaintiff, however,

Citizens expressly denies that it has waived any rights or waived the performance of any conditions

precedent or post loss .

6. Citizens hereby re-avers its responses to the preceding paragraphs.

7. The allegations in paragraph 7 are denied as phrased. The Plaintiff’s pleading

speaks for itself.

8. With regard to the allegations contained in paragraph 8 of the Complaint, Citizens

states that it issued to Plaintiff, an insurance policy bearing number 01149800-6, for the policy

period of September 20, 2020 to September 20, 2021, for the property located at 3400 NW 102nd

Street, Miami, FL 33147, and that the policy was in full force and effect during the policy period,

subject to the terms and conditions and exclusions set forth therein. Citizens avers and asserts that

the Policy speaks for itself, and that regardless of the premiums paid, coverage under the policy is

subject to the terms, conditions, and exclusions set forth therein. Citizens further states that it has

fully indemnified the Plaintiff’s for the reported loss associated with claim number 001-00-256768

, in accordance with the terms, conditions, and exclusions of the Policy Citizens denies all other

allegations, inferences, and legal conclusions set forth in paragraph 8 of the Complaint.

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LAW OFFICE OF HOFFMAN & HOFFMAN, P.A.
66 W Flagler Street, Miami, Florida 33130 ~ Telephone: 305.372.2877 Fax: 305.372.2875
9. With regard to the allegations in paragraph 9, Citizens denies as phrased. The Policy

bearing number 01149800-6 speaks for itself, and further states that coverage under the policy is

subject to the terms, conditions, limitations, endorsements, and exclusions set forth therein.

10. With regard to the allegations in paragraph 10, Citizens denies as phrased. The

Policy bearing number 01149800-6 speaks for itself, and further states that coverage under the

policy is subject to the terms, conditions, limitations, endorsements, and exclusions set forth

therein.

11. With regard to the allegations in paragraph 11, Citizens denies as phrased. The

Policy bearing number 01149800-6 speaks for itself, and further states that coverage under the

policy is subject to the terms, conditions, limitations, endorsements, and exclusions set forth

therein.

12. Citizens denies that an alleged loss occurred at the property. Citizens denies that

the damage was the result of a covered loss. Citizens admits that the policy remains subject to the

terms, conditions, limitations, endorsements, and exclusions set forth therein.

13. Citizens admits to receipt of an estimate dated April 15, 2021, attached as Exhibit

A to the Plaintiff’s Complaint, allegedly prepared in connection with the alleged damage and or

loss referenced within the Plaintiff’s Complaint. Citizens denies the rest of the allegation in

paragraph 13 as phrased.

14. Citizens admits that it assigned claim number 001-00-256768 to this claim for the

Policy bearing number 01149800-6. Citizens denies that the alleged damage was the result of a

covered loss. Citizens maintains that assignment of a claim number does not guarantee coverage

and the policy remains subject to the terms, conditions, limitations, endorsements, and exclusions

set forth therein.

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LAW OFFICE OF HOFFMAN & HOFFMAN, P.A.
66 W Flagler Street, Miami, Florida 33130 ~ Telephone: 305.372.2877 Fax: 305.372.2875
15. With regard to the allegations contained in paragraph 15, Citizens admits only that

Plaintiff submitted an estimate dated April 15, 2021, attached as Exhibit A to the Plaintiff’s

Complaint, allegedly prepared in connection with the alleged damage and or loss referenced within

the Plaintiff’s Complaint. Citizens denies the rest of the allegation in paragraph 13 as phrased.

16. With regard to the allegations contained within paragraph 16 of the Complaint, Citizens

is without knowledge as to what duties Plaintiff refers to and therefore, denies same and demands

strict proof thereof. Citizens expressly denies excusing or waiving any and all duties or

performances by the acts, representations, and/or conduct on the part of the Insured under the

subject policy or Florida law.

17. The allegations contained in paragraph 17 are denied.

18. The allegations in paragraph 18 of the Complaint are denied.

19. With regard to the allegations contained in paragraph 19 of the Complaint, Citizens

denies all allegations, inferences and legal conclusions and further avers and asserts that Fla. Stat.

§ 627.428 or §626.9373. speaks for itself.

AFFIRMATIVE DEFENSES

Citizens pleads limited affirmative defenses to Plaintiff's 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

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LAW OFFICE OF HOFFMAN & HOFFMAN, P.A.
66 W Flagler Street, Miami, Florida 33130 ~ Telephone: 305.372.2877 Fax: 305.372.2875
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, I did it,

but I 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 or avoid the plaintiff’s cause of action”).

1. As its first affirmative defense, Defendant asserts that the Policy excludes coverage

for water damage to the inside of the building or the contents unless the direct force of wind first

damages the building, causing an opening and the rain enters through that opening. See Policy at

PERIL INSURED AGAINST, provisions A.2.b.8, and A.2.b.9(a) starting on page 13 of 39.

Defendant states that March 13, 2021, Field Adjuster, Gary W. Morgan, inspected the subject

property on behalf of Defendant in connection with the subject claim, and found no peril-created

openings to the building that would have allowed the rain to enter and damage the inside of the

Property. Therefore, there is no coverage for any of the alleged interior or content damage claimed

to be caused by rainwater.

2. As its second affirmative defense, Defendant asserts that the Policy excludes

coverage for damage caused by wear and tear, along with faulty maintenance. See Policy at PERIL

INSURED AGAINST, provisions A, 2, b, 9, starting on page 13 of 39, and EXCLUSIONS,

provisions A.5 Neglect and A.11, Existing damage (a) and (b), starting on page 19 of 39. Defendant

states that on February 13, 2021 and March 17, 2021, Field Adjuster, Gary W. Morgan inspected

the subject property on behalf of Defendant in connection with the subject claim, and found wear

and tear damage to the roofing system of the property.

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LAW OFFICE OF HOFFMAN & HOFFMAN, P.A.
66 W Flagler Street, Miami, Florida 33130 ~ Telephone: 305.372.2877 Fax: 305.372.2875
3. Plaintiff’s claim is governed by the terms, conditions, limitations, exclusions and

endorsements regarding coverage. Policy Number 01149800-6 controls the rights and obligations

of the parties, the applicable deductibles, and limits of coverage for the reported date of loss.

Defendant has not waived its right to rely upon other policy defenses based on its pre-suit conduct

or correspondence. See Mario Gamero v. Foremost Ins. Comp., 42 Fla. L. Weekly D158b (Fla.

Jan. 11, 2017).

4. Citizens reserves the right to amend its affirmative defenses as discovery progresses.

TRIAL BY JURY

Citizens demands a trial by jury.

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via the
Florida Courts E-Filing Portal, pursuant to Fla. R. Jud. Admin. 2.516(b)(1), on November 29, 2021
to:

Ramon J. Diego, Esq. eservice@rjdiegolaw.com
Law Office of Ramon J. Diego, P.A.
The Presto Building
5001 SW 74th Court, Suite 103
Miami, Florida 33155

LAW OFFICES OF HOFFMAN & HOFFMAN, P.A.
66 W. Flagler Street, Suite 200, Miami, Florida 33130
Telephone: 305.372.2877 / Facsimile: 305.372.2875
EService E-mail: eservice@hoffmanpa.com
By: /s/ Christina L. Pasquali, Esq.
John D. Hoffman, Esq.
Board Certified Civil Trial Lawyer
Florida Bar No. 825859 / E-mail: john@hoffmanpa.com
Claudia Feldman, Esq.
Florida Bar No. 99646 / E-mail: claudia@hoffmanpa.com
Christina L. Pasquali, Esq.
Florida Bar No. 1011937 / E-mail: cpasquali@hoffmanpa.com

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LAW OFFICE OF HOFFMAN & HOFFMAN, P.A.
66 W Flagler Street, Miami, Florida 33130 ~ Telephone: 305.372.2877 Fax: 305.372.2875

Case Info

Case No.

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Document Filed Date

November 29, 2021

Case Filing Date

October 25, 2021

County

Parties

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