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Filing #157105204 E-Filed 09/09/2022 02:55:50 PM
IN THE COUNTY COURT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
MERCEDES ESPINO, CASE NO.: 20-023502-CC-25 (CG02)
Plaintiff,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT AND
INCORPORATED MEMORANDUM OF LAW
COMES NOW the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION
(hereinafter “CITIZENS”), a government entity, pursuant to Fla. Stat. §627.351(6), by and through
its undersigned counsel, and pursuant to Fla.R.Civ.P. 1.510 files this its Motion for Final Summary
Judgment and incorporated memorandum of law as follows:
1. On or about December 17, 2020, the Plaintiff, MERCEDES ESPINO, filed a Complaint
for breach of contract against CITIZENS seeking property damages under her homeowner’s
insurance Policy No.: 01459966 for damage to the insured property located at 11245 SW 47" St.,
Miami, FL 33165 and that purportedly occurred on May 26, 2020. (See Plaintiffs’ Complaint,
filed with the Court).
2. On or about February 5, 2021, CITIZENS served its Answer and Affirmative Defenses in
which it asserted that the Plaintiffs failed to comply with all of the policy’s post loss conditions,
as the loss. (See Defendant’s Answer and Affirmative Defenses, filed with the Court).
3. The subject policy’s Section I — Conditions expressly and unambiguously provides the
following:B. Duties After Loss. In case of a loss to covered property,
we have no duty to provide coverage under this Policy if the
failure to comply with the following duties is prejudicial to us.
These duties must be performed either by you, an
"insured" seeking coverage, or a representative of either:
2. a. To the degree reasonably possible retain
the damaged property;
9. As often as we reasonably require:
a. Show the damaged property;
b. Provide us with records and documents we
request and permit us to make copies;
(Emphasis added).
(Please see page 19 of 34 of the subject policy, attached hereto as Exhibit “A”).
4. Specifically, CITIZENS plead that the Plaintiffs failed to provide requested documentation
evidencing the condition of the damaged property prior to the repairs made by the Plaintiffs, which
were made on the property prior to Citizens’ inspection of the risk, and thereby effectively failed
to show Citizens the damaged property. (See Defendant’s Answer, Affirmative Defense 41).
5. Plaintiffs replaced the damaged part in 2020, did not keep the appliance for Citizens’
inspection once the claim was reported, and never provided Citizens with photographs of the
damaged property before the replacement of the dishwasher in 2021. (See the Affidavit of Field
Adjuster Brad Barbaccia to be filed under separate cover and the Affidavit of Corporate
Representative Carla Burke to be filed under separate cover).
6. As a result of Plaintiffs’ above-stated actions and her material breach of the clear and
unambiguous policy terms and conditions, Citizens was prejudiced in its investigation and
adjustment of this loss.
7. In fact, Citizens never had an opportunity to inspect, assess and evaluate the damaged
appliance. Nor did it have an opportunity to inspect the ensuing damages alleged to have resulted
from this leak until the damaged appliance was already replaced.UNDISPUTED MATERIAL FACTS
8. Plaintiffs allege that a plumbing leak damaged the subject property insured by Citizens.
9. That prior to reporting this claim to Citizens, Plaintiffs replaced the damaged part. See
Affidavit of Field Adjuster and Affidavit of Carla Burke.
10. In an effort to fully and adequately investigate and adjust this claim, Citizens assigned
licensed field adjuster Jonah Suissa to inspect the property, document the damages thereto, and
obtain a recorded statement from the insured. See Affidavit of Field Adjuster and Affidavit of
Carla Burke.
11. Mr. Barbaccia inspected the subject property related to this alleged loss on June 25, 2020.
At the time of his inspection, the failed part had already been replaced, and Mr. Barbaccia was not
provided any photographs or other documentation showing the nature and extent of the alleged
damages to the property and the failed part around the time of the loss in May of 2020. See
Affidavit of Field Adjuster and Affidavit of Carla Burke.
12. Additionally, on or about June 25, 2020 and July 28, 2020 Citizens issued Request for
Information letters to the insureds and her representative requesting documentation pertaining to
the loss, damaged part, and subsequent repairs. The letter cited to the policy’s Duties After Loss
provision regarding prompt notice of the loss. The letter further requested additional information
and documentation to assist Citizens in its adjustment of the claim, and to support the loss as
alleged by the insured, including a recorded statement by the insured. See the Request for
Information letters attached hereto as Exhibit “B.”
13. Plaintiff has failed to allow Defendant to take her recorded statement or produce any
photographs or other documentation (as requested by Citizens and in accordance with the policy’s
clear and unambiguous terms and conditions) that would evidence the condition of the damagedproperty at the time of the loss, and the failed plumbing system from which this loss allegedly
occurred. See Affidavit of Field Adjuster and Affidavit of Carla Burke.
14. Without any documentation or a recorded statement from the Plaintiff to show the damaged
appliance and ensuing property damages that purportedly occurred in 2020, Citizens was wholly
unable to adequately adjust this claim for damage, or even assess the cause and origin of the loss
as alleged by the Plaintiff. This is textbook prejudice in Citizens’ ability to adjust the claim.
5. Citizens advised the Plaintiff of this determination in its coverage correspondence dated
August 12, 2020, attached hereto as Exhibit “C.”
6. By the statements and actions from Plaintiff, she is unable to dispute that the damaged
appliance was replaced prior to Citizens’ inspection of the property, and that the damaged part was
not kept for inspection by Citizens’ adjuster.
7. As such, Plaintiff materially breached her duty to comply with the policy’s conditions.
Therefore, Citizens is entitled to summary judgment as a matter of law, as there are no questions
of fact for a trier of fact to decide.
MEMORANDUM OF LAW
18. A party is entitled to summary judgment as a matter of law if “the pleadings, depositions,
answers to interrogatories, and admissions on file together with affidavits, if any, show that there
is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a
matter of law.” Fla. R. Civ. P. 1.510; see Volusia County v. Aberdeen at Ormond Beach, L.P., 760
So. 2d 126, 130 (Fla. 2000). On May 1, 2021, Florida adopted the Federal standard for summary
judgments. The inquiry as to whether to grant summary judgment is whether the evidence presents
a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party
must prevail as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251 to 252 (1986).The moving party’s burden is satisfied by showing that there is an absence of evidence to support
the nonmoving party’s case. Celotex Corp. v. Catrett, 477 U.S. 317 (1986).
19. An insurance policy is a contractual agreement between the parties that obligates each party
to perform certain duties. It was the obligation of the Plaintiff to comply with the post loss duties
in the policy and to show the damaged property, thereby giving Citizens the opportunity to fully
inspect the property on a timely basis. In the instant case, Citizens has been prejudiced by the
Plaintiffs failure to provide any documents or provided a recorded statement that would show the
nature and extent of the damaged property and failed plumbing system at the time of the loss in
May of 2020.
20. Pursuant to the terms of the subject policy, Citizens agreed to provide insurance “in return
for the premium and compliance with, all applicable provisions of this policy...” Furthermore, by
contractual agreement, the Plaintiff agreed that no action could be brought against Citizens until
she had complied with (all) the applicable policy provisions.
21. Here, the Plaintiff actually breached the policy’s post-loss conditions by failing to provide
a recorded statement or any photographic records that would evidence the condition of the
damaged property and plumbing system prior to the permanent replacement of the part in 2020.
22. Consequently, the Plaintiffs breach of her obligations under the subject policy
contractually relieved Citizens of any duty to provide insurance benefits for the alleged loss. See
Edwards v. State Farm Insurance Company, 64 So. 3d 730 (Fla. 3 DCA 2011) and Gonzalez v.
State Farm Insurance Company, 65 So. 3d 608 (Fla. 3“ DCA 2011).
20. Under Florida law, a Plaintiff must comply with all post-loss conditions under the
insurance contract prior to seeking court intervention based upon the contract. Chimerakis v.
Sentry Ins. Mut. Co. 804 So. 2d 476, 480 (Fla. 3d DCA 2001) (stating that an action tocompel appraisal does not accrue until the policy conditions have been complied with or
waived). Plaintiff failed to comply with here post loss conditions requiring that she show
the damaged property after aclaimed loss. The failure to comply with the policy provisions
has relieved Citizens of any obligation to provide any further coverage under the insurance
policy.
23. The undisputed material facts demonstrate that the Plaintiff have not produced any
photographic documentation to allow Citizens to evaluate and adjust the condition of the allegedly
damaged property around the time of the loss and prior to the replacement of the damaged part by
the Plaintiff (that occurred prior to Citizens’ inspection of the property).
24. The acts of Plaintiff, in derogation of the subject insurance policy, mandate this Court enter
Summary Judgment on behalf of Citizens as the Plaintiff breached the policy of insurance.
WHEREFORE, the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION,
respectfully requests this Honorable Court grant its Motion for Final Summary Judgment and enter
a Final Summary Judgment in its favor for the reasons set forth above.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via email
to: Alejandro Sasieta, Esq., and Thomas J. Morgan, Jr., Esq., Morgan Law Group, P.A., 55
Merrick Way, Suite 404, Coral Gables, FL 33134, Email: mlg.eservice@morganlawgroup.net,
Ksotocampos@morganlawgroup.net, jcampos@morganlawgroup.net
onthe _9th day of __September , 2022.
BUCKNER, SHIFRIN, ETTER, DUGAN
& BRADFUTE, P.A.
Counsel for Defendant
Alfred I. Dupont Building, Suite 1200
169 E. Flagler Street
Miami, Florida 33131
Telephone: 305-679-9744
Facsimile: 305-679-9745
Primary: Amitai@buckner-shifrin.com
Secondary: Muriel@buckner-shifrin.comBy: /s/
LEIF C. PALKER
Florida Bar No. 1030945CITIZENS PROPERTY INSURANCE CORPORATION
C7. 301 W BAY STREET, SUITE 1300
CITI ZENS JACKSONVILLE FL 32202-5142
PROPERTY INSURANCE CORPORATION
Homeowners HO-3 Special Form Policy - Declarations
POLICY NUMBER: 01459966 - 5 POLICY PERIOD: FROM 12/01/2019 TO 12/01/2020
at 12:01 a.m. Eastern Time at the Location of the Residence Premises
Transaction: RENEWAL
Named Insured and Mailing Address: Location Of Residence Premises: Agent: Fl. Agent Lic. #: W333277
First Named Insured: 11245 SW 47TH ST SOL DEL CARIBE CORP
MERCEDEZ ESPINO MIAMI FL 33165 Marilina Rossi
11245 SW 47 TERRA County:MIAMI-DADE 14707 SW 42ND STREET STE 402
MIAMI, FL 33165 MIAMI, FL 33185
Phone Number: 786-234-6723 Phone Number: 305-221-7100
Citizens Agency ID#: 20550
Primary Email Address:
darianafalcon34@icloud.com
Additional Named Insured: Please refer to “ADDITIONAL NAMED INSURED(S)" section for details
Coverage is only provided where a premium and a limit of liability is shown
All Other Perils Deductible: $2,500 Hurricane Deductible: $3,410 (2%)
Sinkhole Loss Deductible: $17,050 (10%)
LIMIT OF LIABILITY ANNUAL PREMIUM
SECTION I - PROPERTY COVERAGES $2,882
A. Dwelling : $170,500
B. Other Structures: $0
C. Personal Property: $0
D. Loss of Use: $17,050
SECTION II - LIABILITY COVERAGES
E. Personal Liability: $100,000 $18
F. Medical Payments: $2,000 INCLUDED
OTHER COVERAGES
Ordinance or Law Limit (25% of Cov A) (See Policy) Included
Sinkhole Loss Coverage (See Policy) $16
SUBTOTAL: $2,916
Florida Hurricane Catastrophe Fund Build-Up Premium: $58
Premium Adjustment Due To Allowable Rate Change: $97
MANDATORY ADDITIONAL CHARGES:
Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2
Tax-Exempt Surcharge $54
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $3,127
The portion of your premium for:
Hurricane Coverage is $839 Non-Hurricane Coverage is $2,232
Authorized By: Marilina Rossi Processed Date: 10/11/2019
DEC HO3 12 19 First Named Insured Page 1 of 4
Exhibit ACITIZENS PROPERTY INSURANCE CORPORATION
C7. 301 W BAY STREET, SUITE 1300
CITI ZENS JACKSONVILLE FL 32202-5142
PROPERTY INSURANCE CORPORATION
Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 01459966 - 5 POLICY PERIOD: FROM 12/01/2019 TO 12/01/2020
First Named Insured: MERCEDEZ ESPINO at 12:01 a.m. Eastern Time at the Location of the Residence Premises
Forms and Endorsements applicable to this policy:
CIT 04 96 02 16, CIT HO-3 02 19, CIT 04 12 02 16, CIT 04 86 08 18, CIT 04 85 08 18, CIT 23 70 07 08, CIT 27 06 13, CIT 24 07 08, CIT
23 94 02 16
Rating/Underwriting Information
Year Built: 1955 || Protective Device - Burglar Alarm: No
Town / Row House: No} Protective Device - Fire Alarm: No
Construction Type: Masonry | Protective Device - Sprinkler: None
BCEGS: Ungraded } No Prior Insurance Surcharge: No.
Territory / Coastal Territory: 034 / 00] Terrain: Cc
Wind / Hail Exclusion: No | Roof Cover: Non-FBC Equivalent
Municipal Code - Police: 999 |] Roof Cover - FBC Wind Speed: NIA
Municipal Code - Fire: 999 |] Roof Cover - FBC Wind Design: NIA
Occupancy: Owner Occupied || Roof Deck Attachment: Level C
Use: Primary || Roof-Wall Connection: Toe Nail
Number of Families: 1|| Secondary Water Resistance: No.
Protection Class: 4|| Roof Shape: Gable
Distance to Hydrant (ft.): 200] Opening Protection: Class A
Distance to Fire Station (mi.): 2
A premium adjustment of ($998) is included to reflect the building's wind loss mitigation features or construction techniques that exists.
A premium adjustment of $0 is included to reflect the building code effectiveness grade for your area. Adjustments range from a 2%
surcharge to a 13% credit.
Your property coverage limits have been adjusted for inflation.
Your policy premium has decreased by ($255). Of this amount:
The premium difference due to an approved rate change is ($333)
The premium difference due to changes in your coverage is $64
The premium difference due to mandatory additional charges plus FHCF Build-up is $14
ADDITIONAL NAMED INSURED(S)
Name Address
No Additional Named Insureds
ADDITIONAL INTEREST(S)
# Interest Type Name and Address Loan Number
PHH MORTGAGE SERVICES ISAOA ATIMA
PO BOX 5954 SPRINGFIELD, OH 45501-5954 0707180196
1 1st Mortgagee
DEC HO3 12 19 First Named Insured Page 2 of 4CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY STREET, SUITE 1300
ITIZENS JACKSONVILLE FL 32202-5142
PROPERTY INSURANCE CORPORATION
A
Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 01459966 - 5
First Named Insured: MERCEDEZ ESPINO
POLICY PERIOD: FROM 12/01/2019 TO 12/01/2020
at 12:01 a.m. Eastern Time at the Location of the Residence Premises
FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE
FOR HURRICANE LOSSES, WHICH MAY RESULT
IN HIGH OUT-OF-POCKET EXPENSES TO YOU.
LAW AND ORDINANCE: LAW AND ORDINANCE
COVERAGE IS AN IMPORTANT COVERAGE
THAT YOU MAY WISH TO PURCHASE. PLEASE
DISCUSS WITH YOUR INSURANCE AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO
CONSIDER THE PURCHASE OF FLOOD INSURANCE.
YOUR HOMEOWNER'S INSURANCE POLICY DOES
NOT INCLUDE COVERAGE FOR DAMAGE RESULTING
FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN
CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE
FLOOD INSURANCE COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE
DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD
INSURANCE COVERAGE WITH YOUR INSURANCE AGENT.
TO REPORT ALOSS OR CLAIM CALL 866.411.2742
IN CASE OF LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES SOLELY TO PROTECT
THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS.
DEC HO3 12 19 First Named Insured
Page 3 of 4CITIZENS PROPERTY INSURANCE CORPORATION
C7. 301 W BAY STREET, SUITE 1300
CITIZENS JACKSONVILLE FL 32202-5142
PROPERTY INSURANCE CORPORATION
Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 01459966 - 5 POLICY PERIOD: FROM 12/01/2019 TO 12/01/2020
First Named Insured: MERCEDEZ ESPINO at 12:01 a.m. Eastern Time at the Location of the Residence Premises
PROMPT NOTICE OF THE LOSS MUST BE GIVEN TO US OR YOUR INSURANCE AGENT. EXCEPT FOR REASONABLE
EMERGENCY MEASURES, THERE IS NO COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF: (A) 72 HOURS
AFTER WE ARE NOTIFIED OF THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVAL.
BY US.
THIS POLICY CONTAINS LIMITS ON CERTAIN COVERED LOSSES, ALL SUBJECT TO THE TERMS AND CONDITIONS OF YOUR
POLICY. THESE LIMITS MAY INCLUDE A $10,000 LIMIT ON COVERAGE FOR COVERED LOSSES CAUSED BY ACCIDENTAL
DISCHARGE OR OVERFLOW OF WATER OR STEAM FROM SPECIFIED HOUSEHOLD SYSTEMS, SEEPAGE OR LEAKAGE OF
WATER OR STEAM, CONDENSATION, MOISTURE OR VAPOR, AS DESCRIBED AND INSURED IN YOUR POLICY (HEREAFTER
COLLECTIVELY REFERRED TO AS ACCIDENTAL DISCHARGE OF WATER IN THIS PARAGRAPH). AS ANOTHER EXAMPLE, THERE
IS ALSO LIMIT OF $3,000 APPLICABLE TO REASONABLE EMERGENCY MEASURES TAKEN TO PROTECT COVERED PROPERTY
FROM FURTHER DAMAGE BY ACCIDENTAL DISCHARGE OF WATER. THE AMOUNT WE PAY FOR THE NECESSARY REASONABLE
EMERGENCY MEASURES YOU TAKE SOLELY TO PROTECT COVERED PROPERTY FROM FURTHER DAMAGE BY ACCIDENTAL
DISCHARGE OF WATER WILL BE DEDUCTED FROM THE $10,000 LIMIT ON COVERAGE FOR ACCIDENTAL DISCHARGE OF
WATER.
INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND/OR AGENTS TO ASSIST
THEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS.
PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. IF YOU ARE UNABLE TO
CONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT 866.411.2742.
DEC HO3 12 19 First Named Insured Page 4 of 4OG
CITIZENS NOTICE OF PRIVACY POLICY
WHAT DOES CITIZENS PROPERTY INSURANCE CORPORATION DO
WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell you
how we collect, share, and protect your personal information. Please read this notice carefully
to understand what we do.
The types of personal information we collect and share depend on the product or service you
have with us. This information can include:
Social Security number
Information you provide on your application for insurance coverage, such as your
name, address, telephone number, date of birth, and occupation
Information gathered from you as our insured, your payment history, type of coverage
you have, underwriting information and claims information
Credit card or bank account information
Mortgage information
Information from your visits to www.citizensfla.com
All financial companies need to share customers’ personal information to run their everyday
business. Citizens uses your personal information only as authorized or required by law and
as necessary to provide our products and services to you. In the section below, we list the
reasons financial companies can share their customers’ personal information; the reasons
Citizens chooses to share; and whether you can limit this sharing.
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For our everyday business purposes — We share with
nonaffiliates to assist us to process your transactions,
underwrite and/or rate your policy, service your policy,
administer claims, respond to court orders and legal
investigations, and, as permitted by federal and state law.
For our marketing purposes — to offer our products and We don't share
services to you
For joint marketing with other financial companies We don't share
For our affiliates’ everyday business purposes — We don’t share
information about your transactions and experiences
For our affiliates’ everyday business purposes — We don’t share
information about your creditworthiness
For nonaffiliates to market to you We don’t share
felis fe)s-wa | Call 866.411.2742; Deaf/Hard of Hearing: 800.955.8771 (TTY) or 800.955.8770 (Voice); or go
to www. citizensfla.com
PNMPR-7 08 18t-\°| 7
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How does Citizens protect my
personal information?
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal lav. These measures
include computer safeguards and secured files and buildings. Our
employees and vendors are authorized to access information only for valid
business reasons. They must agree in writing to maintain the confidentiality
of nonpublic personal information. We do not share medical information
unless authorized by you or as required by law.
How does Citizens collect my
personal information?
We collect your personal information, for example, when:
you apply for insurance
- we process your application
- you pay insurance premiums
- you give us your contact information
- — you give information to your agent or property inspector
- you file an insurance claim (or if a claim is made against you)
- you show us your government-issued ID or driver's license
you visit Citizens’ website if you voluntarily provide the information
We also collect information from other companies, such as your loss history.
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Affiliates
Nonaffiliates
Joint marketing
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statutory exemption.
State law — The Florida public records law requires that all information received by a state entity be made
available to anyone upon request, including e-mail addresses, unless the information is subject to a specific
Federal law gives you the right to limit only:
- sharing for affiliates’ everyday business purposes—information
about your creditworthiness
- affiliates from using your information to market to you
- sharing for nonaffiliates to market to you
State law and individual companies may give you additional rights to limit
sharing. See below for more on your rights under state law.
Companies related by common ownership or control. They can be financial
and nonfinancial companies.
- Citizens has no affiliates
Companies not related by common ownership or control. They can be
financial or nonfinancial company. Nonaffiliates we share with can include:
- Independent insurance agents and agencies
- Independent adjusters or claims representatives
- Inspection companies
- Auditors
- Insurance support organizations
Attorneys, courts, and government agencies
A formal agreement between nonaffiliated financial companies that together
market financial products or services to you.
- Citizens does not jointly market
PNMPR-7 08 18<< CITIZENS
PROPERTY INSURANCE CORPORATION
POLICYHOLDER NOTICE
IMPORTANT INFORMATION
Dear Policyholder,
Ordinance or Law coverage is an important coverage provided to help meet the
increased costs incurred to repair or replace damaged buildings in accordance
with ordinances or laws that regulate construction, repair or demolition. This
coverage is available at either 25% or 50% of the Coverage A limit of liability
shown in your policy Declarations.
Ordinance or Law coverage in the amount of 25% of the Coverage A limit of
liability may be included in your policy at no additional premium. If you choose
(or have chosen) the 50% option, the additional coverage and premium will be
reflected in your policy Declarations.
However, for those insureds with a Citizens Homeowners 8 policy (Policy form
CIT HO-8), if you have chosen (or choose) actual cash value loss settlement
and Form CIT 04 81, Actual Cash Value And Exclusion of Ordinance or Law, is
shown in your policy Declarations, Ordinance or Law Coverage is not provided in
your policy.
If you wish to add or change Ordinance or Law coverage, you must request this
from your agent. Please note this addition or change in coverage may only occur
at renewal.
This notice does not provide coverage nor does this notice replace any provisions of your policy. You should read your
policy and review your declarations page for complete information on the coverages you are provided with. If there is any
conflict between the policy and this notice, the provisions of the policy shalll prevail. PNMPR-4 01 15Conzens
PROPERTY INSURANCE CORPORATION
Acknowledgement of Potential Surcharge and Assessment Liability
We are required by law to send you this notice to inform you about the potential for surcharges and
assessments to be applied to your policy.
1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE CORPORATION, | UNDERSTAND
THAT IF THE CORPORATION SUSTAINS A DEFICIT AS A RESULT OF HURRICANE LOSSES OR
FOR ANY OTHER REASON, MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL
BE DUE AND PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE POLICY,
AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, OR A
DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE.
2. |UNDERSTAND THAT | CAN AVOID THE CITIZENS POLICYHOLDER SURCHARGE, WHICH
COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, BY OBTAINING COVERAGE FROM A
PRIVATE MARKET INSURER AND THAT TO BE ELIGIBLE FOR COVERAGE BY CITIZENS, | MUST
FIRST TRY TO OBTAIN PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING
COVERAGE WITH CITIZENS. | UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES ARE
REGULATED AND APPROVED BY THE STATE.
3. LUNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY ASSESSMENTS TO THE SAME
EXTENT AS POLICYHOLDERS OF OTHER INSURANCE COMPANIES, OR A DIFFERENT AMOUNT
AS IMPOSED BY THE FLORIDA LEGISLATURE.
4. 1ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE CORPORATION IS NOT
SUPPORTED BY THE FULL FAITH AND CREDIT OF THE STATE OF FLORIDA.
More information regarding assessments and surcharges is available under the Policyholder section
of our website, www.citizensfla.com.
Citizens Property Insurance Corporation
POLICYHOLDER ASSESSMENT EXAMPLE
To illustrate the potential assessment obligation of a Citizens policyholder compared to a
policyholder insured by a private insurer, we have prepared an example based on an annual
premium of $2,000. Your actual assessment amount will vary based on your annual premium.
The assessment will be in addition to the premium you pay for insurance coverage.
ABC Insurance
Citizens Policy Policy
If your annual premium is: $2,000 $2,000
Tier 1: Potential Citizens Policyholder Surcharge (one- time assessment $900 NA
up to 45% of premium)
Tier 2: Potential Regular Assessment (one -time assessment up to 2% of NA $40
premium) '
Tier 3: Potential Emergency Assessment (up to 30% of premium $600 $600
annually, may apply for multiple years)
Potential Annual Assessment: $1,500 $640
Tiers are used to demonstrate the multiple levels of assessment defined by Florida Law.
Assessment tiers are triggered based on the severity of the deficit.
Assessments are based on the greater of the projected deficit or the aggregate statewide
written premium for the subject lines of business. The above example is based
on the use of premium.
Notes:
1—Tier 2 additional assessments may be incurred for other property/casualty policies that are subject to assessment.
2-Tier 3 assessment may be collected each year over multiple years, depending on the extent of the deficit. In the event that subsequent
years also generate a deficit, additional assessments could occur.
ACK-1 11 13<< CITIZENS
PROPERTY INSURANCE CORPORATION
POLICYHOLDER NOTICE
IMPORTANT INFORMATION
Dear Policyholder,
This offer of renewal contains a separate deductible for hurricane losses and a
separate deductible for all other peril (AOP) losses. The hurricane deductible and
AOP deductible you previously selected are shown in the enclosed Declaration
page(s) of this renewal offer.
Citizens offers you the choice of several hurricane deductible options. If your
policy dwelling limit is $100,000 or more (or personal property limit, if applicable),
you may choose a hurricane deductible of 2, 5 or 10 percent of your limit. In
addition to these deductibles, you may also choose a hurricane deductible of
$500 if your policy dwelling limit is less than $100,000 (or personal property limit,
if applicable).
The all other perils (AOP) deductible options you may choose are $500, $1,000
or $2,500, but may not exceed the hurricane deductible you select.
All of these deductible options may not be available due to the policy dwelling
limit (or personal property limit, if applicable).
You may select different deductibles now or at any future renewal. If you have
suffered hurricane losses in the current calendar year, a request to reduce your
hurricane deductible will not be effective until January 1 of the following year.
A mandatory sinkhole deductible may apply in some policies and will be shown in
your Declarations, if applicable.
If you have questions about these deductibles or want to change your
deductibles, contact your Citizens agent for assistance. The request to change
your deductibles must be received by Citizens prior to the renewal date of
your policy.
This notice does not provide coverage nor does this notice replace any
provisions of your policy. You should read your policy and review your
declarations page for complete information on the coverages you are provided
with. If there is any conflict between the policy and this notice, the provisions of
the policy shall prevail.
PNMPR-8 06 12Checklist of Coverage
Policy Type: Homeowner's
(Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's)
The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of
the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions,
limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent
separately.
Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and
limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a
claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool
enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may
arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor,
wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures.
A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement.
Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the
provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your
agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’
Helpline at (800) 342-2762 or www.fidfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Limit of Insurance: _ $170,500 Loss Settlement Basis: Replacement Cost
(ie.: Replacement Cost, Actual Cash Value, Stated Value, etq)
Other Structures Coverage (Detached from Dwelling)
Limit of Insurance: Loss Settlement Basis:
(ie.: Replacement Cost, Actual Cash Value, Stated Value, etd)
Personal Property Coverage
Limit of Insurance: Loss Settlement Basis:
(e.: Replacement Cost, Actual Cash Value, Stated Value, etq)
Deductibles
Annual Hurricane: $3,410 (2%) All Perils (Other Than Hurricane): $2,500
Sinkhole: $17,050 (10%)
OIR-B1-1670 (1-1-06) 1of3Checklist of Coverage (continued)
The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against:
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Fire or Lightning
PY [Hurricane
iN | Flood (Including storm surge)
Windstorm or Hail (other than hurricane)
Y |Explosion
Y {Riot or Civil Commotion
Vandalism or Malicious Mischief
Y |Falling Objects
Y |Weight of Ice, Snow or Sleet
Accidental Discharge or Overflow of Water or Steam
‘Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging
Sudden and Accidental Damage from Artificially Generated Electrical Current
Volcanic Eruption
Y |Sinkhole
Y |Any Other Peril Not Specifically Excluded (dwelling and other structures only)
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Loss of Use Coverage
Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
[Additional Living Expense 24 Consecutive Months
$17,050 [24 Consecutive Months
Property - Additional/Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit.
included) [—tnctuded | _Addfional__—_—_—|
ee
>
J
|
Access Device, Forgery and Counterfeit Money
J
-
Y Glass or Safety Glazing Material See Policy Y
Landlord's Furnishings pO
Law and Ordinance S
| N [Grave Markers
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
OIR-B1-1670 (1-1-06) 2 of 3Checklist of Coverage (continued)
items below marked Y (Yes) indicate discount IS applied, those marked N Dollar ($) Amount of Discount
'No) indicate discount is NOT applied
[N[Muttiple Policy
he ee Pe
($998)
| N [Building Code Effectiveness Grading Schedule PO
Insurer May Insert Any Other Property Coverage Below
oo Limit of Insurance Loss Settlement Basis:
(Items below marked Y (Yes) indicate coverage IS (.e.: Replacement Cost, Actual Cash Value, Stated
included, those marked N (No) indicate coverage is NOT Value, etc.)
Personal Liability Coverage
Limit of Insurance: _ $100,000
Medical Payments to Others Coverage
Limit of Insurance: _ $2,000
ional/Other Coverages
items below marked Y (Yes) indicate coverage IS Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit.
included)
Insurer May Insert Any Other Liability Coverage Below
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance
INOT included)
Mold Section II $50,000
OIR-B1-1670 (1-1-06) 3 of 3Notice of Premium Discounts for Hurricane Loss Mitigation
*** Important Information ***
About Your Personal Residential Insurance Policy
Dear Homeowner,
Hurricanes have caused tens of billions of dollars in insured damages and predictions of
more catastrophic hurricanes making landfall in Florida have triggered increases in
insurance premiums to cover potential future losses. Enclosed is information regarding
wind loss mitigation that will make your home more resistant to wind and help protect
your family during a catastrophic event. In addition to reducing your hurricane wind
premium by installing mitigation features, you may also reduce the likelihood of out of
pocket expenses, such as your hurricane deductible, you may otherwise incur after a
catastrophic event.
What factors are considered in establishing my premium?
Your location: The closer a home is to the coast, the more vulnerable it is to damage
caused by hurricane winds. This makes the hurricane-wind premium higher than for
similar homes in other areas of the state.
Your policy: Your insurance policy is divided into two premiums: one for damage caused
by hurricane force winds (hurricane-wind) and one for all other damage (all perils), such
as fire.
Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10%
deductible, depending on the actual value of your home. The larger your deductible, the
lower your hurricane-wind premium. However, if you select a higher deductible your out-
of-pocket expenses in the event of a hurricane claim will be higher.
Improvements to your home: The state requires insurance companies to offer discounts
or protecting your home against damage caused by hurricane winds. Securing your
roof so it doesn’t blow off and protecting your windows from flying debris are the two
most cost effective measures you can take to safeguard your home and reduce your
hurricane —wind premium. These discounts apply only to the hurricane-wind portion of
your policy.
The costs of the improvement projects vary. Homeowners should contact a licensed
contractor for an estimate. You can find a Certified Contractor in your area by visiting
he Florida Department of Business and Professional Regulation online at
www.myfloridalicense.com.
Your maximum discount: Discounts are not calculated cumulatively. The total discount
is not the sum of the individual discounts. Instead, when one discount is applied, other
discounts are reduced until you reach your maximum discount of 92%.
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155 1How can | take advantage of the discounts?
Homeowners will need a qualified inspector such as a general, building, or residential
contractor licensed under Section 489.111, Florida Statutes, or a professional engineer
licensed under Section 471.015, Florida Statutes, who has passed the appropriate
equivalency test of the Building Code training program as required by Section 553.841,
Florida Statutes, or a professional architect licensed under Section 481.213, Florida
Statutes, or a building code inspector certified under Section 468.607, to inspect the
home to identify potential mitigation measures and verify improvements. For a listing of
individuals and/or inspection companies meeting these qualifications contact your
insurance agent or insurance company.
The following is an example of how much you can reduce your insurance
premium if you have mitigating features on your home. The example is based on
your hurricane-wind premium* of $810.00 which is part of your total annual
premium of $3,127.00. Remember, the discounts shown only apply to the
hurricane-wind portion of the premium and the discounts for the construction
techniques and features listed below are not cumulative.
* Wind mitigation credits apply to that portion of your premium that covers
the peril of wind, whether or not a hurricane exists.
Homes built prior to the 2001 building code
Estimated* Annual
Premium ($) is
Reduced by:
Estimated* Premium
Description of Feature Discount Percent
Roof Covering (i.e., shingles or tiles)
e Meets the Florida Building Code. 3% $87
e Reinforced Concrete Roof Deck.
(If this feature is installed on your home you
most likely will not qualify for any other
discount.)
13% $399
How Your Roof is Attached
e Using a 2" nail spaced at 6" from the edge of |, better discount is
the plywood and 12" in the field of the already applied in this
plywood. Category
e Using a 2 1/2" nail spaced at 6" from the edge | A better discount is
of the plywood and 12" in the field of the already applied in this
plywood. Category
e Using a2 1/2" nail spaced at 6" from the edge . .
of the plywood and 6" in the field of the Feature is being
plywood. Applied
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155Roof-to-Wall Connection
e Using “Toe Nails” — defined as three nails
driven at an angle through the rafter and into
the top roof.
e Using Clips — defined as pieces of metal that
are nailed into the side of the rafter/truss and |6% $186
into the side of the top plate or wall stud.
e Using Single Wraps — a single strap that is
attached to the side and/or bottom of the top |7% $212
plate and are nailed to the rafter/truss.
e Using Double Wraps — straps are attached
to the side and/or bottom of the top plate and |7% $224
are nailed to the rafter/truss.
Feature is being
Applied
Roof Shape
e Hip Roof — defined as your roof sloping down
9
to meet all your outside walls (like a pyramid). 5% $162
e Other. Feature is being
Applied
Secondary Water Resistance (SWR)
e SWR - defined as a layer of protection
between the shingles and the plywood 2% $62
underneath that protects the building if the °
shingles blow off.
e NoSWR. Feature is being
Applied
Shutters
e None. A better discount is
already applied in this
Category
e Intermediate Type - shutters that are strong A better discount is
enough to meet half the old Miami-Dade already applied in this
building code standards. Category
e Hurricane Protection Type - shutters that are
strong enough to meet the current Miami-
Dade building code standards.
Feature is being
Applied
* Estimate is based on information currently on file and the actual amount may vary.
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155Homes built under the 2001 building code or later
Description of Feature
Estimated*
Premium
Discount
Percent
Estimated* Annual
Premium ($) is
Reduced by:
Homes built under the 2001 Florida Building Code or later
edition (also including the 1994 South Florida Building
Code for homes in Miami-Dade and Broward Counties)
are eligible for a minimum 68% discount on the hurricane-
wind portion of your premium. You may be eligible for
greater discount if other mitigation features are installed
on your home.
Shutters
None.
Intermediate Type — shutters that are strong
enough to meet half the old Miami-Dade building
code standards.
Hurricane Protection Type — shutters that are
strong enough to meet the current Miami-Dade
building code standards.
N/A
N/A
N/A
This section only
applies to homes built
after 2001
N/A
N/A
Roof Shape
Hip Roof — defined as your roof sloping down to
meet all your outside walls (like a pyramid).
Other.
N/A
N/A
N/A
N/A
* Estimate is based on information currently on file and the actual amount may vary.
Alternately and regardless of the year of construction, if you meet the minimum fixture
and construction requirements of the 2001 Florida Building Code you have the option to
reduce your hurricane-wind deductible from N/A to N/A.
If you have further questions about the construction techniques and features or other
construction techniques and features that could result in a discount, please contact your
insurance agent or the insurance company at 305-221-7100.
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155CITIZENS
PROPERTY INSURANCE CORPORATION.
OUTLINE OF YOUR HOMEOWNERS 3 POLICY
The following outline is for informational purposes only. Florida
law prohibits this outline from changing any of the provisions of
the insurance contract which is the subject of this outline. Any
endorsement regarding changes in types of coverage,
exclusions, limitations, reductions, deductibles, coinsurance,
renewal provisions, cancellation provisions, surcharges, or
credits will be sent separately.
Please read your Homeowners policy carefully for complete
descriptions and details. Your Agent will assist you with any
questions about your policy.
SECTION | - PROPERTY COVERAGES
At your option, you may choose to remove Windstorm Coverage.
You may also choose to increase, reduce or remove Coverage B
and Coverage C.
Coverage A — Dwelling
Protects against covered loss to your dwelling and structures
attached to your dwelling.
Coverage B - Other Structures
Protects against covered loss to structures on your residence
premises not physically attached to the dwelling.
Coverage C - Personal Property
Protects against covered loss to your personal property such as
clothing and furniture. Special limits apply to some types of
personal property.
Coverage D - Loss Of Use
Provides for the additional living expenses you incur while you
are temporarily unable to live at your home because of a covered
loss.
Reasonable Emergency Measures
Provides up to $3,000 in coverage for the reasonable costs
incurred by you for necessary measures taken solely to protect
covered property from further damage, when covered loss is
caused by accidental discharge or overflow of water or steam
from within specified household systems, seepage or leakage of
water or steam, condensation, moisture or vapor (Hereafter
collectively referred to as accidental discharge of water in this
Outline Of Coverage), as described and insured in your policy.
For covered loss from other perils insured against, other limits
may apply.
Additional Coverages
These additional coverages include limitations and may not
completely protect you against loss.
* — Debris Removal
* Trees, Shrubs And Other Plants
* Fire Department Service Charge
* Property Removed
* Credit Card, Fund Transfer Card, Forgery and Counterfeit
Money
* Loss Assessment
* Collapse
* Glass Or Safety Glazing Material
* — Landlord’s Furnishings
* Fungi, Wet or Dry Rot, Yeast or Bacteria
* — Ordinance or Law
Please review your policy for a complete list of items that have
special limits and for property that is not covered by this policy.
Pre-event evacuation expenses are not covered under this policy.
PERILS INSURED AGAINST
Coverage A - Dwelling and Coverage B - Other Structures
This policy insures against risk of direct loss to covered property
under Coverages A and B, unless not covered or excluded from
coverage as described elsewhere in the policy.
Coverage C - Personal Property
This policy insures under Coverage C against sudden and
accidental direct physical losses except as limited or excluded by
your policy, caused by:
* Fire or lightning
* Windstorm or hail
* Theft (on premises only)
* Riot or civil commotion
* Explosion * Weight of ice, snow or sleet
* Falling objects * Accidental discharge or overflow
* Smoke of water
* Aircraft * Sudden & accidental tearing apart
* Vehicles or bulging
* Volcanic eruption * Vandalism or malicious mischief
* Catastrophic ground cover collapse
* Freezing of plumbing or household appliances
* Sudden and accidental damage from artificially
generated electricity
There are some perils not covered under Coverage A or B and
there are limitations to the perils insured against.
PROPERTY EXCLUSIONS
This policy does not provide protection for losses resulting in any
manner from:
* Sinkhole Loss * Inherent Vice, Decay, Defect
* Neglect and Mechanical Breakdown
* Earth Movement And * Theft away from the
Settlement, residence premises
* War or Nuclear Hazard * Off Premises Power Failure
* Flood and other Water Damage * Repeated Seepage or
* Intentional Loss Leakage of Water or Steam
There are other exclusions. Please refer to your policy for
complete details regarding exclusions.
OTHER LIMITATIONS
Notice of Claim to Us |n case of a loss to covered property,
reasonable emergency measures solely to protect the property
from further damage may be taken in accordance with the Policy
provisions).
Prompt notice of the loss must be given to us or your insurance
agent. There is no coverage for repairs that begin before the
earlier of: (a) 72 hours after we are notified of the loss, (b) the
time of loss inspection by us, or (c) the time of other approval by
us. Please carefully read your entire Policy. To report a loss or
claim, call Citizens Property Insurance Corporation at
866.411.2742
Your Policy contains limits on certain covered losses, which may
include a $10,000 limit on coverage for covered losses caused by
accidental discharge of water. Payment for reasonable
emergency measures will be deducted from the $10,000 limit on
coverage. Please read your policy carefully for specific
information.
CITIZENS PROPERTY INSURANCE CORPORATION (CITIZENS)
OC HO3 08 18
www.citizensfla.com
Page 1 of 2Windstorm or hurricane - A claim, supplemental claim, or
reopened claim for loss or damage caused by the peril of
windstorm or hurricane is barred unless notice of the claim,
supplemental claim, or reopened claim is given to us in
accordance with the terms of the policy within 3 years after the
hurricane first makes landfall or the windstorm caused the
covered damage.
Sinkhole Loss — This policy does not protect you against loss
due to sinkhole activity, unless Sinkhole Loss Coverage is
shown in your Declarations. A separate sinkhole deductible will
apply. Be sure to contact your agent to obtain this important
coverage.
Deductibles — Your policy includes a calendar year hurricane
deductible and an all other perils deductible, selected by you.
The deductible is the amount of loss you must incur before this
policy pays.
Flood - This policy does not protect you against loss due to
flood or wave wash. Flood insurance is available through the
Federal Government and other insurers.
Windstorm - |n some areas of the state, generally coastal areas;
windstorm and hail coverage, including hurricane coverage, may
not be provided in your policy. The exclusion of windstorm
coverage is indicat
Preview
Filing #157105204 E-Filed 09/09/2022 02:55:50 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION MERCEDES ESPINO, CASE NO.: 20-023502-CC-25 (CG02) Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT AND INCORPORATED MEMORANDUM OF LAW COMES NOW the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (hereinafter “CITIZENS”), a government entity, pursuant to Fla. Stat. §627.351(6), by and through its undersigned counsel, and pursuant to Fla.R.Civ.P. 1.510 files this its Motion for Final Summary Judgment and incorporated memorandum of law as follows: 1. On or about December 17, 2020, the Plaintiff, MERCEDES ESPINO, filed a Complaint for breach of contract against CITIZENS seeking property damages under her homeowner’s insurance Policy No.: 01459966 for damage to the insured property located at 11245 SW 47" St., Miami, FL 33165 and that purportedly occurred on May 26, 2020. (See Plaintiffs’ Complaint, filed with the Court). 2. On or about February 5, 2021, CITIZENS served its Answer and Affirmative Defenses in which it asserted that the Plaintiffs failed to comply with all of the policy’s post loss conditions, as the loss. (See Defendant’s Answer and Affirmative Defenses, filed with the Court). 3. The subject policy’s Section I — Conditions expressly and unambiguously provides the following:B. Duties After Loss. In case of a loss to covered property, we have no duty to provide coverage under this Policy if the failure to comply with the following duties is prejudicial to us. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 2. a. To the degree reasonably possible retain the damaged property; 9. As often as we reasonably require: a. Show the damaged property; b. Provide us with records and documents we request and permit us to make copies; (Emphasis added). (Please see page 19 of 34 of the subject policy, attached hereto as Exhibit “A”). 4. Specifically, CITIZENS plead that the Plaintiffs failed to provide requested documentation evidencing the condition of the damaged property prior to the repairs made by the Plaintiffs, which were made on the property prior to Citizens’ inspection of the risk, and thereby effectively failed to show Citizens the damaged property. (See Defendant’s Answer, Affirmative Defense 41). 5. Plaintiffs replaced the damaged part in 2020, did not keep the appliance for Citizens’ inspection once the claim was reported, and never provided Citizens with photographs of the damaged property before the replacement of the dishwasher in 2021. (See the Affidavit of Field Adjuster Brad Barbaccia to be filed under separate cover and the Affidavit of Corporate Representative Carla Burke to be filed under separate cover). 6. As a result of Plaintiffs’ above-stated actions and her material breach of the clear and unambiguous policy terms and conditions, Citizens was prejudiced in its investigation and adjustment of this loss. 7. In fact, Citizens never had an opportunity to inspect, assess and evaluate the damaged appliance. Nor did it have an opportunity to inspect the ensuing damages alleged to have resulted from this leak until the damaged appliance was already replaced.UNDISPUTED MATERIAL FACTS 8. Plaintiffs allege that a plumbing leak damaged the subject property insured by Citizens. 9. That prior to reporting this claim to Citizens, Plaintiffs replaced the damaged part. See Affidavit of Field Adjuster and Affidavit of Carla Burke. 10. In an effort to fully and adequately investigate and adjust this claim, Citizens assigned licensed field adjuster Jonah Suissa to inspect the property, document the damages thereto, and obtain a recorded statement from the insured. See Affidavit of Field Adjuster and Affidavit of Carla Burke. 11. Mr. Barbaccia inspected the subject property related to this alleged loss on June 25, 2020. At the time of his inspection, the failed part had already been replaced, and Mr. Barbaccia was not provided any photographs or other documentation showing the nature and extent of the alleged damages to the property and the failed part around the time of the loss in May of 2020. See Affidavit of Field Adjuster and Affidavit of Carla Burke. 12. Additionally, on or about June 25, 2020 and July 28, 2020 Citizens issued Request for Information letters to the insureds and her representative requesting documentation pertaining to the loss, damaged part, and subsequent repairs. The letter cited to the policy’s Duties After Loss provision regarding prompt notice of the loss. The letter further requested additional information and documentation to assist Citizens in its adjustment of the claim, and to support the loss as alleged by the insured, including a recorded statement by the insured. See the Request for Information letters attached hereto as Exhibit “B.” 13. Plaintiff has failed to allow Defendant to take her recorded statement or produce any photographs or other documentation (as requested by Citizens and in accordance with the policy’s clear and unambiguous terms and conditions) that would evidence the condition of the damagedproperty at the time of the loss, and the failed plumbing system from which this loss allegedly occurred. See Affidavit of Field Adjuster and Affidavit of Carla Burke. 14. Without any documentation or a recorded statement from the Plaintiff to show the damaged appliance and ensuing property damages that purportedly occurred in 2020, Citizens was wholly unable to adequately adjust this claim for damage, or even assess the cause and origin of the loss as alleged by the Plaintiff. This is textbook prejudice in Citizens’ ability to adjust the claim. 5. Citizens advised the Plaintiff of this determination in its coverage correspondence dated August 12, 2020, attached hereto as Exhibit “C.” 6. By the statements and actions from Plaintiff, she is unable to dispute that the damaged appliance was replaced prior to Citizens’ inspection of the property, and that the damaged part was not kept for inspection by Citizens’ adjuster. 7. As such, Plaintiff materially breached her duty to comply with the policy’s conditions. Therefore, Citizens is entitled to summary judgment as a matter of law, as there are no questions of fact for a trier of fact to decide. MEMORANDUM OF LAW 18. A party is entitled to summary judgment as a matter of law if “the pleadings, depositions, answers to interrogatories, and admissions on file together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fla. R. Civ. P. 1.510; see Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000). On May 1, 2021, Florida adopted the Federal standard for summary judgments. The inquiry as to whether to grant summary judgment is whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251 to 252 (1986).The moving party’s burden is satisfied by showing that there is an absence of evidence to support the nonmoving party’s case. Celotex Corp. v. Catrett, 477 U.S. 317 (1986). 19. An insurance policy is a contractual agreement between the parties that obligates each party to perform certain duties. It was the obligation of the Plaintiff to comply with the post loss duties in the policy and to show the damaged property, thereby giving Citizens the opportunity to fully inspect the property on a timely basis. In the instant case, Citizens has been prejudiced by the Plaintiffs failure to provide any documents or provided a recorded statement that would show the nature and extent of the damaged property and failed plumbing system at the time of the loss in May of 2020. 20. Pursuant to the terms of the subject policy, Citizens agreed to provide insurance “in return for the premium and compliance with, all applicable provisions of this policy...” Furthermore, by contractual agreement, the Plaintiff agreed that no action could be brought against Citizens until she had complied with (all) the applicable policy provisions. 21. Here, the Plaintiff actually breached the policy’s post-loss conditions by failing to provide a recorded statement or any photographic records that would evidence the condition of the damaged property and plumbing system prior to the permanent replacement of the part in 2020. 22. Consequently, the Plaintiffs breach of her obligations under the subject policy contractually relieved Citizens of any duty to provide insurance benefits for the alleged loss. See Edwards v. State Farm Insurance Company, 64 So. 3d 730 (Fla. 3 DCA 2011) and Gonzalez v. State Farm Insurance Company, 65 So. 3d 608 (Fla. 3“ DCA 2011). 20. Under Florida law, a Plaintiff must comply with all post-loss conditions under the insurance contract prior to seeking court intervention based upon the contract. Chimerakis v. Sentry Ins. Mut. Co. 804 So. 2d 476, 480 (Fla. 3d DCA 2001) (stating that an action tocompel appraisal does not accrue until the policy conditions have been complied with or waived). Plaintiff failed to comply with here post loss conditions requiring that she show the damaged property after aclaimed loss. The failure to comply with the policy provisions has relieved Citizens of any obligation to provide any further coverage under the insurance policy. 23. The undisputed material facts demonstrate that the Plaintiff have not produced any photographic documentation to allow Citizens to evaluate and adjust the condition of the allegedly damaged property around the time of the loss and prior to the replacement of the damaged part by the Plaintiff (that occurred prior to Citizens’ inspection of the property). 24. The acts of Plaintiff, in derogation of the subject insurance policy, mandate this Court enter Summary Judgment on behalf of Citizens as the Plaintiff breached the policy of insurance. WHEREFORE, the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, respectfully requests this Honorable Court grant its Motion for Final Summary Judgment and enter a Final Summary Judgment in its favor for the reasons set forth above. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via email to: Alejandro Sasieta, Esq., and Thomas J. Morgan, Jr., Esq., Morgan Law Group, P.A., 55 Merrick Way, Suite 404, Coral Gables, FL 33134, Email: mlg.eservice@morganlawgroup.net, Ksotocampos@morganlawgroup.net, jcampos@morganlawgroup.net onthe _9th day of __September , 2022. BUCKNER, SHIFRIN, ETTER, DUGAN & BRADFUTE, P.A. Counsel for Defendant Alfred I. Dupont Building, Suite 1200 169 E. Flagler Street Miami, Florida 33131 Telephone: 305-679-9744 Facsimile: 305-679-9745 Primary: Amitai@buckner-shifrin.com Secondary: Muriel@buckner-shifrin.comBy: /s/ LEIF C. PALKER Florida Bar No. 1030945CITIZENS PROPERTY INSURANCE CORPORATION C7. 301 W BAY STREET, SUITE 1300 CITI ZENS JACKSONVILLE FL 32202-5142 PROPERTY INSURANCE CORPORATION Homeowners HO-3 Special Form Policy - Declarations POLICY NUMBER: 01459966 - 5 POLICY PERIOD: FROM 12/01/2019 TO 12/01/2020 at 12:01 a.m. Eastern Time at the Location of the Residence Premises Transaction: RENEWAL Named Insured and Mailing Address: Location Of Residence Premises: Agent: Fl. Agent Lic. #: W333277 First Named Insured: 11245 SW 47TH ST SOL DEL CARIBE CORP MERCEDEZ ESPINO MIAMI FL 33165 Marilina Rossi 11245 SW 47 TERRA County:MIAMI-DADE 14707 SW 42ND STREET STE 402 MIAMI, FL 33165 MIAMI, FL 33185 Phone Number: 786-234-6723 Phone Number: 305-221-7100 Citizens Agency ID#: 20550 Primary Email Address: darianafalcon34@icloud.com Additional Named Insured: Please refer to “ADDITIONAL NAMED INSURED(S)" section for details Coverage is only provided where a premium and a limit of liability is shown All Other Perils Deductible: $2,500 Hurricane Deductible: $3,410 (2%) Sinkhole Loss Deductible: $17,050 (10%) LIMIT OF LIABILITY ANNUAL PREMIUM SECTION I - PROPERTY COVERAGES $2,882 A. Dwelling : $170,500 B. Other Structures: $0 C. Personal Property: $0 D. Loss of Use: $17,050 SECTION II - LIABILITY COVERAGES E. Personal Liability: $100,000 $18 F. Medical Payments: $2,000 INCLUDED OTHER COVERAGES Ordinance or Law Limit (25% of Cov A) (See Policy) Included Sinkhole Loss Coverage (See Policy) $16 SUBTOTAL: $2,916 Florida Hurricane Catastrophe Fund Build-Up Premium: $58 Premium Adjustment Due To Allowable Rate Change: $97 MANDATORY ADDITIONAL CHARGES: Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2 Tax-Exempt Surcharge $54 TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $3,127 The portion of your premium for: Hurricane Coverage is $839 Non-Hurricane Coverage is $2,232 Authorized By: Marilina Rossi Processed Date: 10/11/2019 DEC HO3 12 19 First Named Insured Page 1 of 4 Exhibit ACITIZENS PROPERTY INSURANCE CORPORATION C7. 301 W BAY STREET, SUITE 1300 CITI ZENS JACKSONVILLE FL 32202-5142 PROPERTY INSURANCE CORPORATION Homeowners HO-3 Special Form Policy - Declarations Policy Number: 01459966 - 5 POLICY PERIOD: FROM 12/01/2019 TO 12/01/2020 First Named Insured: MERCEDEZ ESPINO at 12:01 a.m. Eastern Time at the Location of the Residence Premises Forms and Endorsements applicable to this policy: CIT 04 96 02 16, CIT HO-3 02 19, CIT 04 12 02 16, CIT 04 86 08 18, CIT 04 85 08 18, CIT 23 70 07 08, CIT 27 06 13, CIT 24 07 08, CIT 23 94 02 16 Rating/Underwriting Information Year Built: 1955 || Protective Device - Burglar Alarm: No Town / Row House: No} Protective Device - Fire Alarm: No Construction Type: Masonry | Protective Device - Sprinkler: None BCEGS: Ungraded } No Prior Insurance Surcharge: No. Territory / Coastal Territory: 034 / 00] Terrain: Cc Wind / Hail Exclusion: No | Roof Cover: Non-FBC Equivalent Municipal Code - Police: 999 |] Roof Cover - FBC Wind Speed: NIA Municipal Code - Fire: 999 |] Roof Cover - FBC Wind Design: NIA Occupancy: Owner Occupied || Roof Deck Attachment: Level C Use: Primary || Roof-Wall Connection: Toe Nail Number of Families: 1|| Secondary Water Resistance: No. Protection Class: 4|| Roof Shape: Gable Distance to Hydrant (ft.): 200] Opening Protection: Class A Distance to Fire Station (mi.): 2 A premium adjustment of ($998) is included to reflect the building's wind loss mitigation features or construction techniques that exists. A premium adjustment of $0 is included to reflect the building code effectiveness grade for your area. Adjustments range from a 2% surcharge to a 13% credit. Your property coverage limits have been adjusted for inflation. Your policy premium has decreased by ($255). Of this amount: The premium difference due to an approved rate change is ($333) The premium difference due to changes in your coverage is $64 The premium difference due to mandatory additional charges plus FHCF Build-up is $14 ADDITIONAL NAMED INSURED(S) Name Address No Additional Named Insureds ADDITIONAL INTEREST(S) # Interest Type Name and Address Loan Number PHH MORTGAGE SERVICES ISAOA ATIMA PO BOX 5954 SPRINGFIELD, OH 45501-5954 0707180196 1 1st Mortgagee DEC HO3 12 19 First Named Insured Page 2 of 4CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 ITIZENS JACKSONVILLE FL 32202-5142 PROPERTY INSURANCE CORPORATION A Homeowners HO-3 Special Form Policy - Declarations Policy Number: 01459966 - 5 First Named Insured: MERCEDEZ ESPINO POLICY PERIOD: FROM 12/01/2019 TO 12/01/2020 at 12:01 a.m. Eastern Time at the Location of the Residence Premises FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. TO REPORT ALOSS OR CLAIM CALL 866.411.2742 IN CASE OF LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES SOLELY TO PROTECT THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS. DEC HO3 12 19 First Named Insured Page 3 of 4CITIZENS PROPERTY INSURANCE CORPORATION C7. 301 W BAY STREET, SUITE 1300 CITIZENS JACKSONVILLE FL 32202-5142 PROPERTY INSURANCE CORPORATION Homeowners HO-3 Special Form Policy - Declarations Policy Number: 01459966 - 5 POLICY PERIOD: FROM 12/01/2019 TO 12/01/2020 First Named Insured: MERCEDEZ ESPINO at 12:01 a.m. Eastern Time at the Location of the Residence Premises PROMPT NOTICE OF THE LOSS MUST BE GIVEN TO US OR YOUR INSURANCE AGENT. EXCEPT FOR REASONABLE EMERGENCY MEASURES, THERE IS NO COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF: (A) 72 HOURS AFTER WE ARE NOTIFIED OF THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVAL. BY US. THIS POLICY CONTAINS LIMITS ON CERTAIN COVERED LOSSES, ALL SUBJECT TO THE TERMS AND CONDITIONS OF YOUR POLICY. THESE LIMITS MAY INCLUDE A $10,000 LIMIT ON COVERAGE FOR COVERED LOSSES CAUSED BY ACCIDENTAL DISCHARGE OR OVERFLOW OF WATER OR STEAM FROM SPECIFIED HOUSEHOLD SYSTEMS, SEEPAGE OR LEAKAGE OF WATER OR STEAM, CONDENSATION, MOISTURE OR VAPOR, AS DESCRIBED AND INSURED IN YOUR POLICY (HEREAFTER COLLECTIVELY REFERRED TO AS ACCIDENTAL DISCHARGE OF WATER IN THIS PARAGRAPH). AS ANOTHER EXAMPLE, THERE IS ALSO LIMIT OF $3,000 APPLICABLE TO REASONABLE EMERGENCY MEASURES TAKEN TO PROTECT COVERED PROPERTY FROM FURTHER DAMAGE BY ACCIDENTAL DISCHARGE OF WATER. THE AMOUNT WE PAY FOR THE NECESSARY REASONABLE EMERGENCY MEASURES YOU TAKE SOLELY TO PROTECT COVERED PROPERTY FROM FURTHER DAMAGE BY ACCIDENTAL DISCHARGE OF WATER WILL BE DEDUCTED FROM THE $10,000 LIMIT ON COVERAGE FOR ACCIDENTAL DISCHARGE OF WATER. INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND/OR AGENTS TO ASSIST THEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS. PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. IF YOU ARE UNABLE TO CONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT 866.411.2742. DEC HO3 12 19 First Named Insured Page 4 of 4OG CITIZENS NOTICE OF PRIVACY POLICY WHAT DOES CITIZENS PROPERTY INSURANCE CORPORATION DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number Information you provide on your application for insurance coverage, such as your name, address, telephone number, date of birth, and occupation Information gathered from you as our insured, your payment history, type of coverage you have, underwriting information and claims information Credit card or bank account information Mortgage information Information from your visits to www.citizensfla.com All financial companies need to share customers’ personal information to run their everyday business. Citizens uses your personal information only as authorized or required by law and as necessary to provide our products and services to you. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Citizens chooses to share; and whether you can limit this sharing. Blot 0) raked Tro) g A Rer-laaT-1Rol Leela Tel) cera B om tia a) Sar lalale ra For our everyday business purposes — We share with nonaffiliates to assist us to process your transactions, underwrite and/or rate your policy, service your policy, administer claims, respond to court orders and legal investigations, and, as permitted by federal and state law. For our marketing purposes — to offer our products and We don't share services to you For joint marketing with other financial companies We don't share For our affiliates’ everyday business purposes — We don’t share information about your transactions and experiences For our affiliates’ everyday business purposes — We don’t share information about your creditworthiness For nonaffiliates to market to you We don’t share felis fe)s-wa | Call 866.411.2742; Deaf/Hard of Hearing: 800.955.8771 (TTY) or 800.955.8770 (Voice); or go to www. citizensfla.com PNMPR-7 08 18t-\°| 7 Mal an Selo) How does Citizens protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal lav. These measures include computer safeguards and secured files and buildings. Our employees and vendors are authorized to access information only for valid business reasons. They must agree in writing to maintain the confidentiality of nonpublic personal information. We do not share medical information unless authorized by you or as required by law. How does Citizens collect my personal information? We collect your personal information, for example, when: you apply for insurance - we process your application - you pay insurance premiums - you give us your contact information - — you give information to your agent or property inspector - you file an insurance claim (or if a claim is made against you) - you show us your government-issued ID or driver's license you visit Citizens’ website if you voluntarily provide the information We also collect information from other companies, such as your loss history. Why can't! limit all sharing? ey Tah feel) Affiliates Nonaffiliates Joint marketing Cela mn fencer lela) statutory exemption. State law — The Florida public records law requires that all information received by a state entity be made available to anyone upon request, including e-mail addresses, unless the information is subject to a specific Federal law gives you the right to limit only: - sharing for affiliates’ everyday business purposes—information about your creditworthiness - affiliates from using your information to market to you - sharing for nonaffiliates to market to you State law and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. Companies related by common ownership or control. They can be financial and nonfinancial companies. - Citizens has no affiliates Companies not related by common ownership or control. They can be financial or nonfinancial company. Nonaffiliates we share with can include: - Independent insurance agents and agencies - Independent adjusters or claims representatives - Inspection companies - Auditors - Insurance support organizations Attorneys, courts, and government agencies A formal agreement between nonaffiliated financial companies that together market financial products or services to you. - Citizens does not jointly market PNMPR-7 08 18<< CITIZENS PROPERTY INSURANCE CORPORATION POLICYHOLDER NOTICE IMPORTANT INFORMATION Dear Policyholder, Ordinance or Law coverage is an important coverage provided to help meet the increased costs incurred to repair or replace damaged buildings in accordance with ordinances or laws that regulate construction, repair or demolition. This coverage is available at either 25% or 50% of the Coverage A limit of liability shown in your policy Declarations. Ordinance or Law coverage in the amount of 25% of the Coverage A limit of liability may be included in your policy at no additional premium. If you choose (or have chosen) the 50% option, the additional coverage and premium will be reflected in your policy Declarations. However, for those insureds with a Citizens Homeowners 8 policy (Policy form CIT HO-8), if you have chosen (or choose) actual cash value loss settlement and Form CIT 04 81, Actual Cash Value And Exclusion of Ordinance or Law, is shown in your policy Declarations, Ordinance or Law Coverage is not provided in your policy. If you wish to add or change Ordinance or Law coverage, you must request this from your agent. Please note this addition or change in coverage may only occur at renewal. This notice does not provide coverage nor does this notice replace any provisions of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided with. If there is any conflict between the policy and this notice, the provisions of the policy shalll prevail. PNMPR-4 01 15Conzens PROPERTY INSURANCE CORPORATION Acknowledgement of Potential Surcharge and Assessment Liability We are required by law to send you this notice to inform you about the potential for surcharges and assessments to be applied to your policy. 1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE CORPORATION, | UNDERSTAND THAT IF THE CORPORATION SUSTAINS A DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON, MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE. 2. |UNDERSTAND THAT | CAN AVOID THE CITIZENS POLICYHOLDER SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO BE ELIGIBLE FOR COVERAGE BY CITIZENS, | MUST FIRST TRY TO OBTAIN PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE WITH CITIZENS. | UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES ARE REGULATED AND APPROVED BY THE STATE. 3. LUNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE. 4. 1ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE STATE OF FLORIDA. More information regarding assessments and surcharges is available under the Policyholder section of our website, www.citizensfla.com. Citizens Property Insurance Corporation POLICYHOLDER ASSESSMENT EXAMPLE To illustrate the potential assessment obligation of a Citizens policyholder compared to a policyholder insured by a private insurer, we have prepared an example based on an annual premium of $2,000. Your actual assessment amount will vary based on your annual premium. The assessment will be in addition to the premium you pay for insurance coverage. ABC Insurance Citizens Policy Policy If your annual premium is: $2,000 $2,000 Tier 1: Potential Citizens Policyholder Surcharge (one- time assessment $900 NA up to 45% of premium) Tier 2: Potential Regular Assessment (one -time assessment up to 2% of NA $40 premium) ' Tier 3: Potential Emergency Assessment (up to 30% of premium $600 $600 annually, may apply for multiple years) Potential Annual Assessment: $1,500 $640 Tiers are used to demonstrate the multiple levels of assessment defined by Florida Law. Assessment tiers are triggered based on the severity of the deficit. Assessments are based on the greater of the projected deficit or the aggregate statewide written premium for the subject lines of business. The above example is based on the use of premium. Notes: 1—Tier 2 additional assessments may be incurred for other property/casualty policies that are subject to assessment. 2-Tier 3 assessment may be collected each year over multiple years, depending on the extent of the deficit. In the event that subsequent years also generate a deficit, additional assessments could occur. ACK-1 11 13<< CITIZENS PROPERTY INSURANCE CORPORATION POLICYHOLDER NOTICE IMPORTANT INFORMATION Dear Policyholder, This offer of renewal contains a separate deductible for hurricane losses and a separate deductible for all other peril (AOP) losses. The hurricane deductible and AOP deductible you previously selected are shown in the enclosed Declaration page(s) of this renewal offer. Citizens offers you the choice of several hurricane deductible options. If your policy dwelling limit is $100,000 or more (or personal property limit, if applicable), you may choose a hurricane deductible of 2, 5 or 10 percent of your limit. In addition to these deductibles, you may also choose a hurricane deductible of $500 if your policy dwelling limit is less than $100,000 (or personal property limit, if applicable). The all other perils (AOP) deductible options you may choose are $500, $1,000 or $2,500, but may not exceed the hurricane deductible you select. All of these deductible options may not be available due to the policy dwelling limit (or personal property limit, if applicable). You may select different deductibles now or at any future renewal. If you have suffered hurricane losses in the current calendar year, a request to reduce your hurricane deductible will not be effective until January 1 of the following year. A mandatory sinkhole deductible may apply in some policies and will be shown in your Declarations, if applicable. If you have questions about these deductibles or want to change your deductibles, contact your Citizens agent for assistance. The request to change your deductibles must be received by Citizens prior to the renewal date of your policy. This notice does not provide coverage nor does this notice replace any provisions of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided with. If there is any conflict between the policy and this notice, the provisions of the policy shall prevail. PNMPR-8 06 12Checklist of Coverage Policy Type: Homeowner's (Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's) The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’ Helpline at (800) 342-2762 or www.fidfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limit of Insurance: _ $170,500 Loss Settlement Basis: Replacement Cost (ie.: Replacement Cost, Actual Cash Value, Stated Value, etq) Other Structures Coverage (Detached from Dwelling) Limit of Insurance: Loss Settlement Basis: (ie.: Replacement Cost, Actual Cash Value, Stated Value, etd) Personal Property Coverage Limit of Insurance: Loss Settlement Basis: (e.: Replacement Cost, Actual Cash Value, Stated Value, etq) Deductibles Annual Hurricane: $3,410 (2%) All Perils (Other Than Hurricane): $2,500 Sinkhole: $17,050 (10%) OIR-B1-1670 (1-1-06) 1of3Checklist of Coverage (continued) The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against: (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Fire or Lightning PY [Hurricane iN | Flood (Including storm surge) Windstorm or Hail (other than hurricane) Y |Explosion Y {Riot or Civil Commotion Vandalism or Malicious Mischief Y |Falling Objects Y |Weight of Ice, Snow or Sleet Accidental Discharge or Overflow of Water or Steam ‘Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging Sudden and Accidental Damage from Artificially Generated Electrical Current Volcanic Eruption Y |Sinkhole Y |Any Other Peril Not Specifically Excluded (dwelling and other structures only) Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. Loss of Use Coverage Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) [Additional Living Expense 24 Consecutive Months $17,050 [24 Consecutive Months Property - Additional/Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit. included) [—tnctuded | _Addfional__—_—_—| ee > J | Access Device, Forgery and Counterfeit Money J - Y Glass or Safety Glazing Material See Policy Y Landlord's Furnishings pO Law and Ordinance S | N [Grave Markers Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. OIR-B1-1670 (1-1-06) 2 of 3Checklist of Coverage (continued) items below marked Y (Yes) indicate discount IS applied, those marked N Dollar ($) Amount of Discount 'No) indicate discount is NOT applied [N[Muttiple Policy he ee Pe ($998) | N [Building Code Effectiveness Grading Schedule PO Insurer May Insert Any Other Property Coverage Below oo Limit of Insurance Loss Settlement Basis: (Items below marked Y (Yes) indicate coverage IS (.e.: Replacement Cost, Actual Cash Value, Stated included, those marked N (No) indicate coverage is NOT Value, etc.) Personal Liability Coverage Limit of Insurance: _ $100,000 Medical Payments to Others Coverage Limit of Insurance: _ $2,000 ional/Other Coverages items below marked Y (Yes) indicate coverage IS Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit. included) Insurer May Insert Any Other Liability Coverage Below (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance INOT included) Mold Section II $50,000 OIR-B1-1670 (1-1-06) 3 of 3Notice of Premium Discounts for Hurricane Loss Mitigation *** Important Information *** About Your Personal Residential Insurance Policy Dear Homeowner, Hurricanes have caused tens of billions of dollars in insured damages and predictions of more catastrophic hurricanes making landfall in Florida have triggered increases in insurance premiums to cover potential future losses. Enclosed is information regarding wind loss mitigation that will make your home more resistant to wind and help protect your family during a catastrophic event. In addition to reducing your hurricane wind premium by installing mitigation features, you may also reduce the likelihood of out of pocket expenses, such as your hurricane deductible, you may otherwise incur after a catastrophic event. What factors are considered in establishing my premium? Your location: The closer a home is to the coast, the more vulnerable it is to damage caused by hurricane winds. This makes the hurricane-wind premium higher than for similar homes in other areas of the state. Your policy: Your insurance policy is divided into two premiums: one for damage caused by hurricane force winds (hurricane-wind) and one for all other damage (all perils), such as fire. Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10% deductible, depending on the actual value of your home. The larger your deductible, the lower your hurricane-wind premium. However, if you select a higher deductible your out- of-pocket expenses in the event of a hurricane claim will be higher. Improvements to your home: The state requires insurance companies to offer discounts or protecting your home against damage caused by hurricane winds. Securing your roof so it doesn’t blow off and protecting your windows from flying debris are the two most cost effective measures you can take to safeguard your home and reduce your hurricane —wind premium. These discounts apply only to the hurricane-wind portion of your policy. The costs of the improvement projects vary. Homeowners should contact a licensed contractor for an estimate. You can find a Certified Contractor in your area by visiting he Florida Department of Business and Professional Regulation online at www.myfloridalicense.com. Your maximum discount: Discounts are not calculated cumulatively. The total discount is not the sum of the individual discounts. Instead, when one discount is applied, other discounts are reduced until you reach your maximum discount of 92%. OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155 1How can | take advantage of the discounts? Homeowners will need a qualified inspector such as a general, building, or residential contractor licensed under Section 489.111, Florida Statutes, or a professional engineer licensed under Section 471.015, Florida Statutes, who has passed the appropriate equivalency test of the Building Code training program as required by Section 553.841, Florida Statutes, or a professional architect licensed under Section 481.213, Florida Statutes, or a building code inspector certified under Section 468.607, to inspect the home to identify potential mitigation measures and verify improvements. For a listing of individuals and/or inspection companies meeting these qualifications contact your insurance agent or insurance company. The following is an example of how much you can reduce your insurance premium if you have mitigating features on your home. The example is based on your hurricane-wind premium* of $810.00 which is part of your total annual premium of $3,127.00. Remember, the discounts shown only apply to the hurricane-wind portion of the premium and the discounts for the construction techniques and features listed below are not cumulative. * Wind mitigation credits apply to that portion of your premium that covers the peril of wind, whether or not a hurricane exists. Homes built prior to the 2001 building code Estimated* Annual Premium ($) is Reduced by: Estimated* Premium Description of Feature Discount Percent Roof Covering (i.e., shingles or tiles) e Meets the Florida Building Code. 3% $87 e Reinforced Concrete Roof Deck. (If this feature is installed on your home you most likely will not qualify for any other discount.) 13% $399 How Your Roof is Attached e Using a 2" nail spaced at 6" from the edge of |, better discount is the plywood and 12" in the field of the already applied in this plywood. Category e Using a 2 1/2" nail spaced at 6" from the edge | A better discount is of the plywood and 12" in the field of the already applied in this plywood. Category e Using a2 1/2" nail spaced at 6" from the edge . . of the plywood and 6" in the field of the Feature is being plywood. Applied OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155Roof-to-Wall Connection e Using “Toe Nails” — defined as three nails driven at an angle through the rafter and into the top roof. e Using Clips — defined as pieces of metal that are nailed into the side of the rafter/truss and |6% $186 into the side of the top plate or wall stud. e Using Single Wraps — a single strap that is attached to the side and/or bottom of the top |7% $212 plate and are nailed to the rafter/truss. e Using Double Wraps — straps are attached to the side and/or bottom of the top plate and |7% $224 are nailed to the rafter/truss. Feature is being Applied Roof Shape e Hip Roof — defined as your roof sloping down 9 to meet all your outside walls (like a pyramid). 5% $162 e Other. Feature is being Applied Secondary Water Resistance (SWR) e SWR - defined as a layer of protection between the shingles and the plywood 2% $62 underneath that protects the building if the ° shingles blow off. e NoSWR. Feature is being Applied Shutters e None. A better discount is already applied in this Category e Intermediate Type - shutters that are strong A better discount is enough to meet half the old Miami-Dade already applied in this building code standards. Category e Hurricane Protection Type - shutters that are strong enough to meet the current Miami- Dade building code standards. Feature is being Applied * Estimate is based on information currently on file and the actual amount may vary. OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155Homes built under the 2001 building code or later Description of Feature Estimated* Premium Discount Percent Estimated* Annual Premium ($) is Reduced by: Homes built under the 2001 Florida Building Code or later edition (also including the 1994 South Florida Building Code for homes in Miami-Dade and Broward Counties) are eligible for a minimum 68% discount on the hurricane- wind portion of your premium. You may be eligible for greater discount if other mitigation features are installed on your home. Shutters None. Intermediate Type — shutters that are strong enough to meet half the old Miami-Dade building code standards. Hurricane Protection Type — shutters that are strong enough to meet the current Miami-Dade building code standards. N/A N/A N/A This section only applies to homes built after 2001 N/A N/A Roof Shape Hip Roof — defined as your roof sloping down to meet all your outside walls (like a pyramid). Other. N/A N/A N/A N/A * Estimate is based on information currently on file and the actual amount may vary. Alternately and regardless of the year of construction, if you meet the minimum fixture and construction requirements of the 2001 Florida Building Code you have the option to reduce your hurricane-wind deductible from N/A to N/A. If you have further questions about the construction techniques and features or other construction techniques and features that could result in a discount, please contact your insurance agent or the insurance company at 305-221-7100. OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155CITIZENS PROPERTY INSURANCE CORPORATION. OUTLINE OF YOUR HOMEOWNERS 3 POLICY The following outline is for informational purposes only. Florida law prohibits this outline from changing any of the provisions of the insurance contract which is the subject of this outline. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Please read your Homeowners policy carefully for complete descriptions and details. Your Agent will assist you with any questions about your policy. SECTION | - PROPERTY COVERAGES At your option, you may choose to remove Windstorm Coverage. You may also choose to increase, reduce or remove Coverage B and Coverage C. Coverage A — Dwelling Protects against covered loss to your dwelling and structures attached to your dwelling. Coverage B - Other Structures Protects against covered loss to structures on your residence premises not physically attached to the dwelling. Coverage C - Personal Property Protects against covered loss to your personal property such as clothing and furniture. Special limits apply to some types of personal property. Coverage D - Loss Of Use Provides for the additional living expenses you incur while you are temporarily unable to live at your home because of a covered loss. Reasonable Emergency Measures Provides up to $3,000 in coverage for the reasonable costs incurred by you for necessary measures taken solely to protect covered property from further damage, when covered loss is caused by accidental discharge or overflow of water or steam from within specified household systems, seepage or leakage of water or steam, condensation, moisture or vapor (Hereafter collectively referred to as accidental discharge of water in this Outline Of Coverage), as described and insured in your policy. For covered loss from other perils insured against, other limits may apply. Additional Coverages These additional coverages include limitations and may not completely protect you against loss. * — Debris Removal * Trees, Shrubs And Other Plants * Fire Department Service Charge * Property Removed * Credit Card, Fund Transfer Card, Forgery and Counterfeit Money * Loss Assessment * Collapse * Glass Or Safety Glazing Material * — Landlord’s Furnishings * Fungi, Wet or Dry Rot, Yeast or Bacteria * — Ordinance or Law Please review your policy for a complete list of items that have special limits and for property that is not covered by this policy. Pre-event evacuation expenses are not covered under this policy. PERILS INSURED AGAINST Coverage A - Dwelling and Coverage B - Other Structures This policy insures against risk of direct loss to covered property under Coverages A and B, unless not covered or excluded from coverage as described elsewhere in the policy. Coverage C - Personal Property This policy insures under Coverage C against sudden and accidental direct physical losses except as limited or excluded by your policy, caused by: * Fire or lightning * Windstorm or hail * Theft (on premises only) * Riot or civil commotion * Explosion * Weight of ice, snow or sleet * Falling objects * Accidental discharge or overflow * Smoke of water * Aircraft * Sudden & accidental tearing apart * Vehicles or bulging * Volcanic eruption * Vandalism or malicious mischief * Catastrophic ground cover collapse * Freezing of plumbing or household appliances * Sudden and accidental damage from artificially generated electricity There are some perils not covered under Coverage A or B and there are limitations to the perils insured against. PROPERTY EXCLUSIONS This policy does not provide protection for losses resulting in any manner from: * Sinkhole Loss * Inherent Vice, Decay, Defect * Neglect and Mechanical Breakdown * Earth Movement And * Theft away from the Settlement, residence premises * War or Nuclear Hazard * Off Premises Power Failure * Flood and other Water Damage * Repeated Seepage or * Intentional Loss Leakage of Water or Steam There are other exclusions. Please refer to your policy for complete details regarding exclusions. OTHER LIMITATIONS Notice of Claim to Us |n case of a loss to covered property, reasonable emergency measures solely to protect the property from further damage may be taken in accordance with the Policy provisions). Prompt notice of the loss must be given to us or your insurance agent. There is no coverage for repairs that begin before the earlier of: (a) 72 hours after we are notified of the loss, (b) the time of loss inspection by us, or (c) the time of other approval by us. Please carefully read your entire Policy. To report a loss or claim, call Citizens Property Insurance Corporation at 866.411.2742 Your Policy contains limits on certain covered losses, which may include a $10,000 limit on coverage for covered losses caused by accidental discharge of water. Payment for reasonable emergency measures will be deducted from the $10,000 limit on coverage. Please read your policy carefully for specific information. CITIZENS PROPERTY INSURANCE CORPORATION (CITIZENS) OC HO3 08 18 www.citizensfla.com Page 1 of 2Windstorm or hurricane - A claim, supplemental claim, or reopened claim for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim is given to us in accordance with the terms of the policy within 3 years after the hurricane first makes landfall or the windstorm caused the covered damage. Sinkhole Loss — This policy does not protect you against loss due to sinkhole activity, unless Sinkhole Loss Coverage is shown in your Declarations. A separate sinkhole deductible will apply. Be sure to contact your agent to obtain this important coverage. Deductibles — Your policy includes a calendar year hurricane deductible and an all other perils deductible, selected by you. The deductible is the amount of loss you must incur before this policy pays. Flood - This policy does not protect you against loss due to flood or wave wash. Flood insurance is available through the Federal Government and other insurers. Windstorm - |n some areas of the state, generally coastal areas; windstorm and hail coverage, including hurricane coverage, may not be provided in your policy. The exclusion of windstorm coverage is indicat