Preview
Filing # 153271921 E-Filed 07/13/2022 03:35:49 PM
22-467/cds/lcl
IN THE COUNTY COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
CASE NO.: 22-CC-001535
JEREMIAH GIVINGS,
Plaintiff,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
______________________________/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION
(“Citizens”), by and through its undersigned counsel, pursuant to Fla. R. Civ. P. 1.100 and 1.140,
answers the Complaint as follows:
1. The allegations contained within paragraph 1 of the Complaint are jurisdictional in
nature and not directed towards Citizens. To the extent that a response is required from Citizens,
Citizens admits that Plaintiff alleges damages in excess of eight thousand ($8,000) but less than thirty
thousand ($30,000.00). Citizens denies, however, that Plaintiff is entitled to the claimed
damages or attorney’s fees. Citizens admits the allegations contained within paragraph 1 of the
Complaint for jurisdictional purposes only.
2. Citizens denies the allegations contained within paragraph 2 of the Complaint.
3. Citizens has no knowledge as to paragraph 3 of the Complaint (incorrectly
numbered in the Complaint as paragraph 2); therefore, Citizens denies the same.
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4. Citizens admits, pursuant to paragraph 4 of the Complaint (incorrectly numbered
in the Complaint as paragraph 3), that it is a State of Florida governmental entity created by
the Florida Legislature to provide property insurance within the state of Florida. Citizens is a
governmental entity, an integral part of the State, and not an insurance company requiring
licensure or other qualification to transact business in Florida. Citizens further denies that it does
business in St. Lucie County, Florida.
5. Citizens admits, pursuant to paragraph 5 of the Complaint (incorrectly numbered
in the Complaint as paragraph 4) that the Plaintiff purchased a policy of insurance bearing policy
No. 04656513 (the “Policy”), which afforded certain coverage to the property located at 409
Coconut Avenue East, Port Saint Lucie, Florida 34952 (“Subject Property”), subject to the Policy’s
terms, conditions, limitations, endorsements, and exclusions. Denied as to all remaining allegations
and inferences contained in Paragraph 5.
6. Citizens admits, pursuant to paragraph 6 of the Complaint (incorrectly numbered
in the Complaint as paragraph 5) that the Plaintiff purchased a policy of insurance bearing policy
No. 04656513 (the “Policy”), which afforded certain coverage to the property located at 409
Coconut Avenue East, Port Saint Lucie, Florida 34952 (“Subject Property”), subject to the Policy’s
terms, conditions, limitations, endorsements, and exclusions. Denied as to all remaining allegations
and inferences contained in Paragraph 6.
7. Citizens denies the allegations contained within paragraph 7 of the Complaint
(incorrectly numbered in the Complaint as paragraph 6).
8. Citizens is without sufficient knowledge with regard to the statements contained
within paragraph 8 of the Complaint (incorrectly numbered in the Complaint as paragraph 7) and
therefore denies the same. Citizens is without knowledge as to what “conditions precedent” Plaintiff
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is referencing; however, Citizens expressly denies that it has waived any rights or waived any
conditions precedent or post loss. Citizens further denies that Plaintiff timely notified it of the alleged loss.
9. With regard to the allegations contained within paragraph 9 of the Complaint
(incorrectly numbered in the Complaint as paragraph 8), Citizens admits that it assigned claim
number 001-00-285236 to the reported Bathroom loss.
10. Citizens denies the allegations contained within paragraph 10 of the Complaint
(incorrectly numbered in the Complaint as paragraph 9).
11. Citizens is without sufficient knowledge with regard to the statements contained
within paragraph 11 of the Complaint (incorrectly numbered in the Complaint as paragraph 10) and
therefore denies the same. Citizens is without knowledge as to what “conditions precedent” Plaintiff
is referencing; however, Citizens expressly denies that it has waived any rights or waived any
conditions precedent or post loss. Citizens further denies that Plaintiff timely notified it of the alleged loss.
12. With regard to the allegations contained within paragraph 12 of the Complaint
(incorrectly numbered in the Complaint as paragraph 11), Citizens admits that it assigned claim
number 001-00-285238 to the reported Kitchen loss.
13. Citizens denies the allegations contained within paragraph 13 of the Complaint (incorrectly
numbered in the Complaint as paragraph 12).
14. Citizens is without sufficient knowledge with regard to the statements contained
within paragraph 14 of the Complaint (incorrectly numbered in the Complaint as paragraph 13) and
therefore denies the same. Citizens is without knowledge as to what “conditions precedent” Plaintiff
is referencing; however, Citizens expressly denies that it has waived any rights or waived any
conditions precedent or post loss. Citizens further denies that Plaintiff timely notified it of the alleged loss.
15. With regard to the allegations contained within paragraph 15 of the Complaint
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(incorrectly numbered in the Complaint as paragraph 14), Citizens denies that is assigned claim
number 001-00-285236 to the reported roof loss, and further states that it assigned claim
number 001-00-287943 to the reported roof loss.
COUNT I- DECLARATORY JUDGMENT (Property- Bath- 001-00-285236)
Contemporaneous with the filing of this Answer, Citizens will file separately a Motion to
Dismiss Count I of Plaintiff’s Complaint for Declaratory Relief.
COUNT II- BREACH OF CONTRACT (Property- Bath- 001-00-285236)
30. With regard to the allegations contained within paragraph 30 of the
Complaint (incorrectly numbered in the Complaint as paragraph 29), Citizens reincorporates its
response to paragraphs 1 through 15 (incorrectly numbered in the Complaint as Paragraphs 1
through 14) as if fully set forth herein.
31. The allegations contained within paragraph 31 of the Complaint (incorrectly
numbered in the Complaint as paragraph 30) are jurisdictional in nature and not directed towards
Citizens. To the extent that a response is required from Citizens, Citizens admits that Plaintiff
alleges damages in excess of eight thousand ($8,000) but less than thirty thousand ($30,000.00).
Citizens denies, however, that Plaintiff is entitled to the claimed damages or attorney’s fees.
Citizens admits the allegations contained within paragraph 31 of the Complaint (incorrectly
numbered in the Complaint as paragraph 30) for jurisdictional purposes only.
32. Citizens denies the allegations contained within paragraph 32 of the Complaint
(incorrectly numbered in the Complaint as paragraph 31).
33. Citizens is without sufficient knowledge with regard to the statements contained
within paragraph 33 of the Complaint (incorrectly numbered in the Complaint as paragraph 32) and
therefore denies the same. Citizens is without knowledge as to what “conditions precedent”
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Plaintiff is referencing; however, Citizens expressly denies that it has waived any rights or waived
any conditions precedent or post loss.
34. Citizens denies the allegations contained within paragraph 34 of the Complaint
(incorrectly numbered in the Complaint as paragraph 33).
35. Citizens denies the allegations contained within paragraph 35 of the Complaint
(incorrectly numbered in the Complaint as paragraph 34).
36. Citizens denies the allegations contained within paragraph 36 of the Complaint
(incorrectly numbered in the Complaint as paragraph 35).
37. Citizens denies the allegations contained within paragraph 37 of the Complaint
(incorrectly numbered in the Complaint as paragraph 36).
COUNT III- DECLARATORY JUDGMENT (Property- Kitchen- 001-00-285238)
Contemporaneous with the filing of this Answer, Citizens will file separately a Motion to
Dismiss Count III of Plaintiff’s Complaint for Declaratory Relief.
COUNT IV- BREACH OF CONTRACT (Property- Kitchen- 001-00-285238)
52. With regard to the allegations contained within paragraph 52 of the Complaint
(incorrectly numbered in the Complaint as paragraph 51), Citizens reincorporates its response to
paragraphs 1 through 15 (incorrectly numbered in the Complaint as Paragraphs 1 through 14) as if
fully set forth herein.
53. The allegations contained within paragraph 53 of the Complaint (incorrectly
numbered in the Complaint as paragraph 52) are jurisdictional in nature and not directed towards
Citizens. To the extent that a response is required from Citizens, Citizens admits that Plaintiff alleges
damages in excess of eight thousand ($8,000) but less than thirty thousand ($30,000.00). Citizens
denies, however, that Plaintiff is entitled to the claimed damages or attorney’s fees. Citizens
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admits the allegations contained within paragraph 53 of the Complaint (incorrectly numbered in
the Complaint as paragraph 52) for jurisdictional purposes only.
54. Citizens denies the allegations contained within paragraph 54 of the Complaint
(incorrectly numbered in the Complaint as paragraph 53).
55. Citizens is without sufficient knowledge with regard to the statements contained
within paragraph 55 of the Complaint (incorrectly numbered in the Complaint as paragraph 54) and
therefore denies the same. Citizens is without knowledge as to what “conditions precedent” Plaintiff
is referencing; however, Citizens expressly denies that it has waived any rights or waived any
conditions precedent or post loss.
56. Citizens denies the allegations contained within paragraph 56 of the Complaint
(incorrectly numbered in the Complaint as paragraph 55).
57. Citizens denies the allegations contained within paragraph 57 of the Complaint
(incorrectly numbered in the Complaint as paragraph 56).
58. Citizens denies the allegations contained within paragraph 58 of the Complaint
(incorrectly numbered in the Complaint as paragraph 57).
59. Citizens denies the allegations contained within paragraph 59 of the Complaint
(incorrectly numbered in the Complaint as paragraph 58).
COUNT V- DECLARATORY JUDGMENT (Property- Roof- 001-00-287943)
Contemporaneous with the filing of this Answer, Citizens will file separately a Motion to
Dismiss Count V of Plaintiff’s Complaint for Declaratory Relief.
COUNT VI- BREACH OF CONTRACT (Property- Roof- 001-00-287943)
75. With regard to the allegations contained within paragraph 75 of the Complaint
(incorrectly numbered in the Complaint as paragraph 74), Citizens reincorporates its response to
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paragraphs 1 through 15 (incorrectly numbered in the Complaint as Paragraphs 1 through 14) as if
fully set forth herein.
76. The allegations contained within paragraph 76 of the Complaint (incorrectly
numbered in the Complaint as paragraph 75) are jurisdictional in nature and not directed towards
Citizens. To the extent that a response is required from Citizens, Citizens admits that Plaintiff
alleges damages in excess of eight thousand ($8,000) but less than thirty thousand ($30,000.00).
Citizens denies, however, that Plaintiff is entitled to the claimed damages or attorney’s fees.
Citizens admits the allegations contained within paragraph 76 of the Complaint (incorrectly
numbered in the Complaint as paragraph 75) for jurisdictional purposes only.
77. Citizens denies the allegations contained within paragraph 77 of the Complaint
(incorrectly numbered in the Complaint as paragraph 76).
78. Citizens is without sufficient knowledge with regard to the statements contained
within paragraph 78 of the Complaint (incorrectly numbered in the Complaint as paragraph 77) and
therefore denies the same. Citizens is without knowledge as to what “conditions precedent” Plaintiff
is referencing; however, Citizens expressly denies that it has waived any rights or waived any
conditions precedent or post loss.
79. Citizens denies the allegations contained within paragraph 79 of the Complaint
(incorrectly numbered in the Complaint as paragraph 78).
80. Citizens denies the allegations contained within paragraph 80 of the Complaint
(incorrectly numbered in the Complaint as paragraph 79).
81. Citizens denies the allegations contained within paragraph 81 of the Complaint
(incorrectly numbered in the Complaint as paragraph 80).
82. Citizens denies the allegations contained within paragraph 82 of the Complaint
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(incorrectly numbered in the Complaint as paragraph 81).
Citizens denies each and every allegation contained in each and every paragraph of Plaintiff’s
Complaint not specifically admitted and demands strict proof thereof.
AFFIRMATIVE DEFENSES TO COUNT II OF THE COMPLAINT
(BATH- 001-00-285236)
1. As its first Affirmative Defense, Citizens asserts that Citizens has fully indemnified
the Plaintiff pursuant to the Policy and the terms, conditions, and exclusions contained therein. On
or about October 29, 2021 Citizens received notice of an alleged loss at the Property occurring on
or about O c t o b e r 1 6 , 2021 from damage due to an alleged shower pan failure. Citizens
assigned claim number 001-00-285236 to the reported loss. Citizens investigated the loss,
inspected the Property, and thereafter, on or about January 5, 2022, fully indemnified the Plaintiff
in the amount of $4,049.09 pursuant to the Subject Policy and the terms, conditions, and
exclusions contained therein.
2. As its second affirmative defense, Citizens states that it exercised its right under the
Subject Policy to have the repairs done through the Managed Repair Contractor Network Program
contained within the Citizens’ Subject Policy. This was rejected by Plaintiff. Citizens maintains
that based upon such rejection, any claim for damages is limited to $10,000 as set forth in the
Managed Repair Contractor Network Program provision of the Subject Policy.
3. As its third affirmative defense, Citizens states that the Subject Policy does not
provide coverage for repairs to the system or appliance from which the water escaped;
specifically, CIT HO-3 02 20, CITIZENS HOMEOWNERS 3 – SPECIAL FORM, SECTION I
– PERILS INSURED AGAINST, provisions A.2.b.(6)(b), We do not cover loss: (a), (9)(a), and
3., starting on page 13 of 38, which outlines the applicable policy language noted above.
Accordingly, there is no coverage for this portion of Plaintiff’s claim and the Plaintiff cannot
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ultimately recover any benefits. Consequently, the Plaintiff is barred from obtaining the relief
sought in this action.
4. Citizens reserves the right to amend its affirmative defenses.
AFFIRMATIVE DEFENSES TO COUNT IV OF THE COMPLAINT
(KITCHEN- 001-00-285238)
1. As its first Affirmative Defense, Citizens asserts that Citizens has fully indemnified
the Plaintiff pursuant to the Policy and the terms, conditions, and exclusions contained therein. On or
about October 29, 2021 Citizens received notice of an alleged loss at the Property occurring on or
about O c t o b e r 2 5 , 2021 from damage due to an alleged k i t c h e n s u p p l y l i n e failure.
Citizens assigned claim number 001-00-285238 to the reported loss. Citizens investigated the loss,
inspected the Property, and thereafter, on or about June 21, 2022, fully indemnified the Plaintiff in
the amount of $10,000.00 pursuant to the Subject Policy and the terms, conditions, and
exclusions contained therein.
2. As its second affirmative defense, Citizens states that it exercised its right under the
Subject Policy to have the repairs done through the Managed Repair Contractor Network Program
contained within the Citizens’ Subject Policy. This was rejected by Plaintiff, as a result of Plaintiff
having permanent repairs conducted. Citizens maintains that based upon such rejection, any claim
for damages is limited to $10,000.00 as set forth in the Managed Repair Contractor Network
Program provision of the Subject Policy.
3. As its third affirmative defense, Citizens states that the Subject Policy does not
provide coverage for repairs to the system or appliance from which the water escaped; specifically,
CIT HO-3 02 20, CITIZENS HOMEOWNERS 3 – SPECIAL FORM, SECTION I – PERILS
INSURED AGAINST, provisions A.2.b.(6)(b), We do not cover loss: (a), (9)(a), and 3., starting
9
on page 13 of 38, which outlines the applicable policy language noted above. Accordingly, there is
no coverage for this portion of Plaintiff’s claim and the Plaintiff cannot ultimately recover any
benefits. Consequently, the Plaintiff is barred from obtaining the relief sought in this action.
4. Citizens reserves the right to amend its affirmative defenses.
AFFIRMATIVE DEFENSES TO COUNT VI OF THE COMPLAINT
(ROOF- 001-00-287943)
1. As its first Affirmative Defense, Citizens asserts that the claimed damages are not
covered under the clear and unambiguous terms of the Policy. Specifically, but not limited to, the Policy does
not provide coverage for loss caused by existing damage. Please refer to the CIT HO-3 02 20, CITIZENS
HOMEOWNERS 3 – SPECIAL FORM, SECTION I –EXCLUSIONS, provisions A.11.(a), beginning on
page 18 of 39, which outlines the applicable policy language noted above. Accordingly, there is no coverage
for this claim and the Plaintiff cannot ultimately recover any benefits. Consequently, the Plaintiff is barred from
obtaining the relief sought in this action. Citizens reserves the right to assert any other policy defense as this
matter proceeds into the discovery phase.
2. Alternatively, Citizens asserts that Plaintiffs’ recovery, if any, is subject to the terms,
limitations, conditions, exclusions, and endorsements of the Policy, as well as the monetary limits set forth
within the Declarations Page of the Policy.
3. Citizens reserves the right to amend its affirmative defenses.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy hereof has been furnished by e-service
to all parties on the attached Counsel List this 13th day of July, 2022.
ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC
470 Columbia Dr., Bldg. C101
West Palm Beach, FL 33409
Phone: 561-688-6560/Fax: 561-688-2343
E-Service: service_LHR@rrbpa.com
Email: lreynolds@rrbpa.com
Counsel for Defendant Citizens
/s/ Lyman H. Reynolds, Jr.
LYMAN H. REYNOLDS, JR.
Florida Bar No: 380687
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STYLE: GIVINGS v. CITIZENS PROPERTY INS. CORP.
CASE NO.: 22-CC-001535
OUR FILE NO.: 22-467
COUNSEL LIST
MATTHEW I. BERNSTEIN, ESQ.
Bernstein Law Firm, LLC
500 S. Australian Ave., Suite 500
West Palm Beach, Florida 33401
Counsel for Plaintiff
PHONE: 561-689-5100
E-SERVICE: matt@bernsteinfl.com
eservice@bernsteinfl.com
EMAIL: matt@bernsteinfl.com
eservice@bernsteinfl.com
FBN: 55418
LYMAN H. REYNOLDS, JR., ESQ.
Roberts, Reynolds, Bedard & Tuzzio, PLLC
470 Columbia Dr., Bldg. C101
West Palm Beach, FL 33409
Counsel for Defendant Citizens
PHONE: 561-688-6560
FAX: 561-688-6560
E-SERVICE: service_LHR@rrbpa.com
EMAIL: lreynolds@rrbpa.com
bsmith@rrbpa.com
cstephenson@rrbpa.com
llewis@rrbpa.com
FBN: 380687
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Preview
Filing # 153271921 E-Filed 07/13/2022 03:35:49 PM 22-467/cds/lcl IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO.: 22-CC-001535 JEREMIAH GIVINGS, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. ______________________________/ DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“Citizens”), by and through its undersigned counsel, pursuant to Fla. R. Civ. P. 1.100 and 1.140, answers the Complaint as follows: 1. The allegations contained within paragraph 1 of the Complaint are jurisdictional in nature and not directed towards Citizens. To the extent that a response is required from Citizens, Citizens admits that Plaintiff alleges damages in excess of eight thousand ($8,000) but less than thirty thousand ($30,000.00). Citizens denies, however, that Plaintiff is entitled to the claimed damages or attorney’s fees. Citizens admits the allegations contained within paragraph 1 of the Complaint for jurisdictional purposes only. 2. Citizens denies the allegations contained within paragraph 2 of the Complaint. 3. Citizens has no knowledge as to paragraph 3 of the Complaint (incorrectly numbered in the Complaint as paragraph 2); therefore, Citizens denies the same. 1 4. Citizens admits, pursuant to paragraph 4 of the Complaint (incorrectly numbered in the Complaint as paragraph 3), that it is a State of Florida governmental entity created by the Florida Legislature to provide property insurance within the state of Florida. Citizens is a governmental entity, an integral part of the State, and not an insurance company requiring licensure or other qualification to transact business in Florida. Citizens further denies that it does business in St. Lucie County, Florida. 5. Citizens admits, pursuant to paragraph 5 of the Complaint (incorrectly numbered in the Complaint as paragraph 4) that the Plaintiff purchased a policy of insurance bearing policy No. 04656513 (the “Policy”), which afforded certain coverage to the property located at 409 Coconut Avenue East, Port Saint Lucie, Florida 34952 (“Subject Property”), subject to the Policy’s terms, conditions, limitations, endorsements, and exclusions. Denied as to all remaining allegations and inferences contained in Paragraph 5. 6. Citizens admits, pursuant to paragraph 6 of the Complaint (incorrectly numbered in the Complaint as paragraph 5) that the Plaintiff purchased a policy of insurance bearing policy No. 04656513 (the “Policy”), which afforded certain coverage to the property located at 409 Coconut Avenue East, Port Saint Lucie, Florida 34952 (“Subject Property”), subject to the Policy’s terms, conditions, limitations, endorsements, and exclusions. Denied as to all remaining allegations and inferences contained in Paragraph 6. 7. Citizens denies the allegations contained within paragraph 7 of the Complaint (incorrectly numbered in the Complaint as paragraph 6). 8. Citizens is without sufficient knowledge with regard to the statements contained within paragraph 8 of the Complaint (incorrectly numbered in the Complaint as paragraph 7) and therefore denies the same. Citizens is without knowledge as to what “conditions precedent” Plaintiff 2 is referencing; however, Citizens expressly denies that it has waived any rights or waived any conditions precedent or post loss. Citizens further denies that Plaintiff timely notified it of the alleged loss. 9. With regard to the allegations contained within paragraph 9 of the Complaint (incorrectly numbered in the Complaint as paragraph 8), Citizens admits that it assigned claim number 001-00-285236 to the reported Bathroom loss. 10. Citizens denies the allegations contained within paragraph 10 of the Complaint (incorrectly numbered in the Complaint as paragraph 9). 11. Citizens is without sufficient knowledge with regard to the statements contained within paragraph 11 of the Complaint (incorrectly numbered in the Complaint as paragraph 10) and therefore denies the same. Citizens is without knowledge as to what “conditions precedent” Plaintiff is referencing; however, Citizens expressly denies that it has waived any rights or waived any conditions precedent or post loss. Citizens further denies that Plaintiff timely notified it of the alleged loss. 12. With regard to the allegations contained within paragraph 12 of the Complaint (incorrectly numbered in the Complaint as paragraph 11), Citizens admits that it assigned claim number 001-00-285238 to the reported Kitchen loss. 13. Citizens denies the allegations contained within paragraph 13 of the Complaint (incorrectly numbered in the Complaint as paragraph 12). 14. Citizens is without sufficient knowledge with regard to the statements contained within paragraph 14 of the Complaint (incorrectly numbered in the Complaint as paragraph 13) and therefore denies the same. Citizens is without knowledge as to what “conditions precedent” Plaintiff is referencing; however, Citizens expressly denies that it has waived any rights or waived any conditions precedent or post loss. Citizens further denies that Plaintiff timely notified it of the alleged loss. 15. With regard to the allegations contained within paragraph 15 of the Complaint 3 (incorrectly numbered in the Complaint as paragraph 14), Citizens denies that is assigned claim number 001-00-285236 to the reported roof loss, and further states that it assigned claim number 001-00-287943 to the reported roof loss. COUNT I- DECLARATORY JUDGMENT (Property- Bath- 001-00-285236) Contemporaneous with the filing of this Answer, Citizens will file separately a Motion to Dismiss Count I of Plaintiff’s Complaint for Declaratory Relief. COUNT II- BREACH OF CONTRACT (Property- Bath- 001-00-285236) 30. With regard to the allegations contained within paragraph 30 of the Complaint (incorrectly numbered in the Complaint as paragraph 29), Citizens reincorporates its response to paragraphs 1 through 15 (incorrectly numbered in the Complaint as Paragraphs 1 through 14) as if fully set forth herein. 31. The allegations contained within paragraph 31 of the Complaint (incorrectly numbered in the Complaint as paragraph 30) are jurisdictional in nature and not directed towards Citizens. To the extent that a response is required from Citizens, Citizens admits that Plaintiff alleges damages in excess of eight thousand ($8,000) but less than thirty thousand ($30,000.00). Citizens denies, however, that Plaintiff is entitled to the claimed damages or attorney’s fees. Citizens admits the allegations contained within paragraph 31 of the Complaint (incorrectly numbered in the Complaint as paragraph 30) for jurisdictional purposes only. 32. Citizens denies the allegations contained within paragraph 32 of the Complaint (incorrectly numbered in the Complaint as paragraph 31). 33. Citizens is without sufficient knowledge with regard to the statements contained within paragraph 33 of the Complaint (incorrectly numbered in the Complaint as paragraph 32) and therefore denies the same. Citizens is without knowledge as to what “conditions precedent” 4 Plaintiff is referencing; however, Citizens expressly denies that it has waived any rights or waived any conditions precedent or post loss. 34. Citizens denies the allegations contained within paragraph 34 of the Complaint (incorrectly numbered in the Complaint as paragraph 33). 35. Citizens denies the allegations contained within paragraph 35 of the Complaint (incorrectly numbered in the Complaint as paragraph 34). 36. Citizens denies the allegations contained within paragraph 36 of the Complaint (incorrectly numbered in the Complaint as paragraph 35). 37. Citizens denies the allegations contained within paragraph 37 of the Complaint (incorrectly numbered in the Complaint as paragraph 36). COUNT III- DECLARATORY JUDGMENT (Property- Kitchen- 001-00-285238) Contemporaneous with the filing of this Answer, Citizens will file separately a Motion to Dismiss Count III of Plaintiff’s Complaint for Declaratory Relief. COUNT IV- BREACH OF CONTRACT (Property- Kitchen- 001-00-285238) 52. With regard to the allegations contained within paragraph 52 of the Complaint (incorrectly numbered in the Complaint as paragraph 51), Citizens reincorporates its response to paragraphs 1 through 15 (incorrectly numbered in the Complaint as Paragraphs 1 through 14) as if fully set forth herein. 53. The allegations contained within paragraph 53 of the Complaint (incorrectly numbered in the Complaint as paragraph 52) are jurisdictional in nature and not directed towards Citizens. To the extent that a response is required from Citizens, Citizens admits that Plaintiff alleges damages in excess of eight thousand ($8,000) but less than thirty thousand ($30,000.00). Citizens denies, however, that Plaintiff is entitled to the claimed damages or attorney’s fees. Citizens 5 admits the allegations contained within paragraph 53 of the Complaint (incorrectly numbered in the Complaint as paragraph 52) for jurisdictional purposes only. 54. Citizens denies the allegations contained within paragraph 54 of the Complaint (incorrectly numbered in the Complaint as paragraph 53). 55. Citizens is without sufficient knowledge with regard to the statements contained within paragraph 55 of the Complaint (incorrectly numbered in the Complaint as paragraph 54) and therefore denies the same. Citizens is without knowledge as to what “conditions precedent” Plaintiff is referencing; however, Citizens expressly denies that it has waived any rights or waived any conditions precedent or post loss. 56. Citizens denies the allegations contained within paragraph 56 of the Complaint (incorrectly numbered in the Complaint as paragraph 55). 57. Citizens denies the allegations contained within paragraph 57 of the Complaint (incorrectly numbered in the Complaint as paragraph 56). 58. Citizens denies the allegations contained within paragraph 58 of the Complaint (incorrectly numbered in the Complaint as paragraph 57). 59. Citizens denies the allegations contained within paragraph 59 of the Complaint (incorrectly numbered in the Complaint as paragraph 58). COUNT V- DECLARATORY JUDGMENT (Property- Roof- 001-00-287943) Contemporaneous with the filing of this Answer, Citizens will file separately a Motion to Dismiss Count V of Plaintiff’s Complaint for Declaratory Relief. COUNT VI- BREACH OF CONTRACT (Property- Roof- 001-00-287943) 75. With regard to the allegations contained within paragraph 75 of the Complaint (incorrectly numbered in the Complaint as paragraph 74), Citizens reincorporates its response to 6 paragraphs 1 through 15 (incorrectly numbered in the Complaint as Paragraphs 1 through 14) as if fully set forth herein. 76. The allegations contained within paragraph 76 of the Complaint (incorrectly numbered in the Complaint as paragraph 75) are jurisdictional in nature and not directed towards Citizens. To the extent that a response is required from Citizens, Citizens admits that Plaintiff alleges damages in excess of eight thousand ($8,000) but less than thirty thousand ($30,000.00). Citizens denies, however, that Plaintiff is entitled to the claimed damages or attorney’s fees. Citizens admits the allegations contained within paragraph 76 of the Complaint (incorrectly numbered in the Complaint as paragraph 75) for jurisdictional purposes only. 77. Citizens denies the allegations contained within paragraph 77 of the Complaint (incorrectly numbered in the Complaint as paragraph 76). 78. Citizens is without sufficient knowledge with regard to the statements contained within paragraph 78 of the Complaint (incorrectly numbered in the Complaint as paragraph 77) and therefore denies the same. Citizens is without knowledge as to what “conditions precedent” Plaintiff is referencing; however, Citizens expressly denies that it has waived any rights or waived any conditions precedent or post loss. 79. Citizens denies the allegations contained within paragraph 79 of the Complaint (incorrectly numbered in the Complaint as paragraph 78). 80. Citizens denies the allegations contained within paragraph 80 of the Complaint (incorrectly numbered in the Complaint as paragraph 79). 81. Citizens denies the allegations contained within paragraph 81 of the Complaint (incorrectly numbered in the Complaint as paragraph 80). 82. Citizens denies the allegations contained within paragraph 82 of the Complaint 7 (incorrectly numbered in the Complaint as paragraph 81). Citizens denies each and every allegation contained in each and every paragraph of Plaintiff’s Complaint not specifically admitted and demands strict proof thereof. AFFIRMATIVE DEFENSES TO COUNT II OF THE COMPLAINT (BATH- 001-00-285236) 1. As its first Affirmative Defense, Citizens asserts that Citizens has fully indemnified the Plaintiff pursuant to the Policy and the terms, conditions, and exclusions contained therein. On or about October 29, 2021 Citizens received notice of an alleged loss at the Property occurring on or about O c t o b e r 1 6 , 2021 from damage due to an alleged shower pan failure. Citizens assigned claim number 001-00-285236 to the reported loss. Citizens investigated the loss, inspected the Property, and thereafter, on or about January 5, 2022, fully indemnified the Plaintiff in the amount of $4,049.09 pursuant to the Subject Policy and the terms, conditions, and exclusions contained therein. 2. As its second affirmative defense, Citizens states that it exercised its right under the Subject Policy to have the repairs done through the Managed Repair Contractor Network Program contained within the Citizens’ Subject Policy. This was rejected by Plaintiff. Citizens maintains that based upon such rejection, any claim for damages is limited to $10,000 as set forth in the Managed Repair Contractor Network Program provision of the Subject Policy. 3. As its third affirmative defense, Citizens states that the Subject Policy does not provide coverage for repairs to the system or appliance from which the water escaped; specifically, CIT HO-3 02 20, CITIZENS HOMEOWNERS 3 – SPECIAL FORM, SECTION I – PERILS INSURED AGAINST, provisions A.2.b.(6)(b), We do not cover loss: (a), (9)(a), and 3., starting on page 13 of 38, which outlines the applicable policy language noted above. Accordingly, there is no coverage for this portion of Plaintiff’s claim and the Plaintiff cannot 8 ultimately recover any benefits. Consequently, the Plaintiff is barred from obtaining the relief sought in this action. 4. Citizens reserves the right to amend its affirmative defenses. AFFIRMATIVE DEFENSES TO COUNT IV OF THE COMPLAINT (KITCHEN- 001-00-285238) 1. As its first Affirmative Defense, Citizens asserts that Citizens has fully indemnified the Plaintiff pursuant to the Policy and the terms, conditions, and exclusions contained therein. On or about October 29, 2021 Citizens received notice of an alleged loss at the Property occurring on or about O c t o b e r 2 5 , 2021 from damage due to an alleged k i t c h e n s u p p l y l i n e failure. Citizens assigned claim number 001-00-285238 to the reported loss. Citizens investigated the loss, inspected the Property, and thereafter, on or about June 21, 2022, fully indemnified the Plaintiff in the amount of $10,000.00 pursuant to the Subject Policy and the terms, conditions, and exclusions contained therein. 2. As its second affirmative defense, Citizens states that it exercised its right under the Subject Policy to have the repairs done through the Managed Repair Contractor Network Program contained within the Citizens’ Subject Policy. This was rejected by Plaintiff, as a result of Plaintiff having permanent repairs conducted. Citizens maintains that based upon such rejection, any claim for damages is limited to $10,000.00 as set forth in the Managed Repair Contractor Network Program provision of the Subject Policy. 3. As its third affirmative defense, Citizens states that the Subject Policy does not provide coverage for repairs to the system or appliance from which the water escaped; specifically, CIT HO-3 02 20, CITIZENS HOMEOWNERS 3 – SPECIAL FORM, SECTION I – PERILS INSURED AGAINST, provisions A.2.b.(6)(b), We do not cover loss: (a), (9)(a), and 3., starting 9 on page 13 of 38, which outlines the applicable policy language noted above. Accordingly, there is no coverage for this portion of Plaintiff’s claim and the Plaintiff cannot ultimately recover any benefits. Consequently, the Plaintiff is barred from obtaining the relief sought in this action. 4. Citizens reserves the right to amend its affirmative defenses. AFFIRMATIVE DEFENSES TO COUNT VI OF THE COMPLAINT (ROOF- 001-00-287943) 1. As its first Affirmative Defense, Citizens asserts that the claimed damages are not covered under the clear and unambiguous terms of the Policy. Specifically, but not limited to, the Policy does not provide coverage for loss caused by existing damage. Please refer to the CIT HO-3 02 20, CITIZENS HOMEOWNERS 3 – SPECIAL FORM, SECTION I –EXCLUSIONS, provisions A.11.(a), beginning on page 18 of 39, which outlines the applicable policy language noted above. Accordingly, there is no coverage for this claim and the Plaintiff cannot ultimately recover any benefits. Consequently, the Plaintiff is barred from obtaining the relief sought in this action. Citizens reserves the right to assert any other policy defense as this matter proceeds into the discovery phase. 2. Alternatively, Citizens asserts that Plaintiffs’ recovery, if any, is subject to the terms, limitations, conditions, exclusions, and endorsements of the Policy, as well as the monetary limits set forth within the Declarations Page of the Policy. 3. Citizens reserves the right to amend its affirmative defenses. 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy hereof has been furnished by e-service to all parties on the attached Counsel List this 13th day of July, 2022. ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Dr., Bldg. C101 West Palm Beach, FL 33409 Phone: 561-688-6560/Fax: 561-688-2343 E-Service: service_LHR@rrbpa.com Email: lreynolds@rrbpa.com Counsel for Defendant Citizens /s/ Lyman H. Reynolds, Jr. LYMAN H. REYNOLDS, JR. Florida Bar No: 380687 11 STYLE: GIVINGS v. CITIZENS PROPERTY INS. CORP. CASE NO.: 22-CC-001535 OUR FILE NO.: 22-467 COUNSEL LIST MATTHEW I. BERNSTEIN, ESQ. Bernstein Law Firm, LLC 500 S. Australian Ave., Suite 500 West Palm Beach, Florida 33401 Counsel for Plaintiff PHONE: 561-689-5100 E-SERVICE: matt@bernsteinfl.com eservice@bernsteinfl.com EMAIL: matt@bernsteinfl.com eservice@bernsteinfl.com FBN: 55418 LYMAN H. REYNOLDS, JR., ESQ. Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Dr., Bldg. C101 West Palm Beach, FL 33409 Counsel for Defendant Citizens PHONE: 561-688-6560 FAX: 561-688-6560 E-SERVICE: service_LHR@rrbpa.com EMAIL: lreynolds@rrbpa.com bsmith@rrbpa.com cstephenson@rrbpa.com llewis@rrbpa.com FBN: 380687 12