Motion for Summary Adjudication in Yamilca Gomez Plaintiff vs. Citizens Property Insurance Corporation Defendant| Trellis.Law

On April 09, 2021 a Motion,Ex Parte was filed involving a dispute between Gomez, Yamilca, and Citizens Property Insurance Corporation, for 3 in the District Court of Broward County.

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Filing# 156815044 E-Filed 09/06/2022 01:21:12 PM

21-10734
NMH/hgr
IN THE CIRCUIT COURT OF THE 17TH
JUDICIALCIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
YAMILCA GOMEZ, CASE NO. CACE 21-007257 (25)
(Judge Carol-Lisa Phill*s)
Plaintiff,

CITIZENS PROPERTY INSURANCE
CORPORATION,

Defendant.
i

DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION'S
MOTION FOR PARTIAL SUMMARY JUDGMENT
The Defendant Citizens Property Insurance Corporation ("Citizens"),
by and through its

undersignedcounsel, pursuant to Fla. R. Civ. P. 1.510, moves for partialsummary judgment in

this action. The undisputed facts which entitle Citizens to judgment as a matter o f law are
partial

reflected in the attached affidavit and exhibits.

INTRODUCTION

This Court should enter Partial Summary Judgment in favor of Citizens concluding as a

matter of law that any judgment of liability
entered againstit in this case is limited to $10,000.

No disputeof material facts exists that would allow a reasonable jury to issue a verdict for the

Plaintiff and against Citizens in an amount greater than that amount. It is undisputed that

Citizens' Policy limits the coverage for damages caused by water or steam to a maximum of

$10,000. It is also undisputed that Plaintiff's claim is for damages caused by water, subjectingit

to the $10,000 sub-limit.

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/06/2022 01:21:11 PM.****
Yamilca Gomez, v. Citizens
CASE NO. CACE 21-007257 (25)

UNDISPUTED MATERIAL FACTS SUPPORTING SUMMARY JUDGMENT

1. This matter arises out of a disputeover the amount of insurance benefits due for

services performed by the Plaintiff at the residence owned by Citizens' Named Insured, 1815 N.

44?1 Ave., Hollywood, FL 33021 (the "insured property").(See Afidavit of D+ndant's

Mitichuell Myles, attached hereto as Exhibit A,
Corporate Representative, ? 3)
2. Citizens provided insurance for the insured property under Policy Number

01205312 effective from July 16, 2019 to July 16, 2020 ("The Policy").(See 4#idavit of

Defendant's Records Assistant Teneka Turner attached hereto as Exhibit B, 7 4.).
3 The applicablePolicy provides Section I - Perils Insured Against - A.

Coverage A- Dwelling and Coverage B-Other Structures coverage for physical loss. CSee

Affidavitof Defendant's Corporate Representative,Mitichuell Myles, at 'T.5., also see Affidavit

of Defendant's Records Assistant Teneka Turner at Policy,
pages 13 -16 of 37)

4. Citizens' Policy for the Named Insured, of which Plaintiff is an assignee,provides

insurance with coverage limits for a covered loss. (See Affidavitof Defendant's Corporate

Mitichuell Myles, at ? 6)
Representative,

5. The Policy'scoverage limit for each covered direct physical loss from all water or

accidental discharge or overflow of water or steam from within plumbing on the "residence

premises" is %10,000. ((SeeAffidavit Mitichuell Myles,
of Defendant's Corporate Representative,

at ? 7; also see Affidavitof Defendant's Records Assistant Teneka Turner at Policy,pages 14

and 16 of 37)

6. The Policy's coverage limit for each above cause water damage not otherwise

excluded or limited elsewhere in the Policy, from wear and tear, deterioration,inherent vice,

latent defect, defect or mechanical breakdown, smog, rust, decay or other corrosion to a

2
Yamilca Gomez, v. Citizens
CASE NO. CACE 21-007257 (25)

of Defendant's Corporate Representative,Mitichuell
plurnbingsystem is %10,000. ((SeeAffidavit

Myles, at para. 8; also see Policy,pages 15 and 16 of 37)

7. On or about July 24, 2020, Citizens received a claim for water damage at the

insured property. Citizens acknowledged receiptof the claim and assignedClaim Number 001-

00-239821. (See Affidavitof Defendant 's Corporate Representative,Mitichuell Myles, at 7 9.)

8 On September 10, 2020 Citizens sent correspondenceto Plaintiff informing it had

concluded that the loss was caused by damage to the plumbing system. CSee Affidavitoj

Defendant's Corporate Representative,Mitichuell Myles, at ? 10.)

9- On September 19, 2020, Citizens sent correspondence to Plaintiff extending

coverage for the loss and informing that the claim was subjectto the Policy's$10,000 sublimit

unless Plaintiff participated
in the Managed Repair Contractor Network Program. CSee Mdavit

Mitichuell Myles,at 7 11.)
ofDefendant 's Corporate Representative,

10. Plaintiff declined to participatein the Managed Repair Contractor Network

Program, leavingthe policy's$10,000 sub-limit intact. (See 4#idavit of Defendant 's Corporate

Mitichuell Myles, at ? 1 2.)
Representative,

Based on the above uncontested facts and on the Memorandum of Law below, Defendant

requests the entry of a Partial Summary Judgment, pursuant to Fla. R. Civ. P. 1.510, concluding

the Plaintiff' s claim is subjectto the Policy's$10,000 water sub-limit.

STANDARD OF REVIEW
The evidence attached hereto shows no genuine dispute of material fact exists and

compels the entry of summary judgment. This court's review of a motion for summary judgment

is not limited to the four corners of the complaint,but all additional information submitted to the

court. Odham v. Foremost Diaries, Inc., 128 So. 2d 586 (Fla.1961). Summary judgment is

3
Yamilca Gomez, v. Citizens
CASE NO. CACE 21-007257 (25)

proper if there is no genuine dispute of material fact and if the movant party is entitled to a

judgment as a matter of law. Folusia CO'.V. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126,

130 (Fla. 2000). The movant has the initial burden to proffer admissible evidence of the

nonexistence of any genuine issue of material fact. Arce v. Wackenhut Corp.,40 So. 3d 813, 815

(Fla.3d DCA 2010).
A disputeis genuine "if the evidence is such that a reasonable jury could return a verdict

for the nonmoving party."Celotex Corp. v. Catrett,477 U.S. 317 (1986)."[T]he judge's function

is not himself to weigh the evidence and determine the truth of the matter but to determine

whether there is a genuine issue for trial." Id. at 249. His guide is the same standard necessary to

direct a verdict: "whether the evidence presents a sufficient disagreement to requiresubmission

to a jury or whether it is so one-sided that one party must prevailas a matter of law." Id. at 251-

52; see also Bill Johnson's Restaurants, Inc. v. XL.R.B., 461 U.S. 731, 745 n.11 (1983).

However, the nonmoving party "must do more than show that there is some metaphysical doubt

as to the material facts." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574,

586 (1986). If the evidence is merely colorable, or is not significantly
probative,summary

judgment may be granted.Anderson v. Liberty Lobby, Inc., 477 U.S. 141,149 (1986); accord

Spence v. Zimmerman, 873 F.2d 256 (11 Cir. 1989). Furthermore, the court must "view the

evidence presentedthrough the prism of the substantive evidentiaryburden," so there must be

sufficient evidence on which the jury could reasonably find for the plaintiff.
Anderson, 477 U.S.

at 254.)

The standard at summary judgment is governed by Florida Rule of Civil Procedure 1.510,

as amended on May 1, 2021. Sections (a)and (c)ofthe Rule state:

Rule 1.510. Summary Judgment.

4
Yamilca Gomez, v. Citizens
CASE NO. CACE 21-007257 (25)

(a)Motion for Summary Judgment or Partial Summary Judgment.
A party may move for summary judgment, identifyingeach claim
or defense-or the part of each claim or defense-on which

summary judgment is sought. The court shall grant summary
judgment if the movant shows that there is no genuine disputeas to
any material fact and the movant is entitled to judgment as a matter
of law. The court shall state on the record the reasons for granting
or denying the motion. The summary judgment standard provided
for in this rule shall be construed and applied in accordance with
the federal summary judgment standard.

M
(c)Procedures.
(1) Supporting Factual Positions. A party assertingthat a
fact cannot be or is genuinely disputed must support the
assertion by:

(A) citingto particular parts of materials in the
record, including depositions, documents,
electronicallystored information, affidavits or
(includingthose
declarations,stipulations made for

purposes of the motion only), admissions,
interrogatoryanswers, or other materials;or
(B) showing that the materials cited do not establish
the absence or presence of a genuine dispute,or that
an adverse party cannot produce admissible
evidence to support the fact.

Fla. R. Civ. P. 1.510

Florida Courts have set aside the previous "genuine issue of material fact" standard.

Now, to preclude summary judgment this Court must find that "the evidence is such that a

reasonable jury could return a verdict for the nonmoving party".In re: Amendments to Florida

Rule of Civil Procedure 1.510,46 Fla. L. Weekly S95a (Ba. 1011) citing Anderson v. Liberty

Lobby, Inc., 477 U.S. 242, 248 (1986). In so doing, the Court must not accept any position

raised by a party that is "blatantlycontradicted by the record, so that no reasonable jury could

believe it." U Citing Scott v. Harris, 550 lj.S. 371,380 (2007). In summary, the Florida

Supreme Court has mandated that it no longerbe "plausible
to maintain that 'the existence of any

5
Yamilca Gomez, v. Citizens
CASE NO. CACE 21-007257 (25)

competent evidence creatingan issue of fact,however credible or incredible,substantial or

stops the inquiry and precludes summary judgment, so long as the 'slightest
trivial, doubt' is

raised." M (emphasis with internal quotationsomitted).
in original

To that end however, the moving party's initial burden of production is far from

stringentand can be "regularlydischargedwith ease." U. CitingBedford v. Doe, 880F.3d 993,

996-97 (8thCir. 2018). Where the nonmoving party carries the ultimate burden ofpersuasion,as

the Plaintiff does here, the moving party'sinitial burden of productionis not onerous. Id., citing

Modrowski v. Pigatto,712 F.3d 1166, 1168 (7th Cir. 2013).

In this case, the record lacks sufficient evidence for a reasonable jury to find that

to Plaintiff exceeds the Policy's$10,000 sub-limit water
Citizens' liability damages sub-limit.

Therefore, the most jury can award Plaintiffs,
even if they find Citizens did breach the Policy,is

the policysub-limit of $10,000.

CITIZENS' POLICY LIMITS PAYMENT FOR LOSSES ARISING FROM WATER
DAMAGE TO TEN THOUSAND DOLLARES

The Policy'sPeril Insured Against section limits Citizens' for losses covered
liability

under the policy as a result of water damage to $10,000. The relevant portion of the Policy

providesas follows:

6
Yamilca Gomez, v. Citizens
CASE NO. CACE 21-007257 (25)

SECTION I - PERILS INSURED AGAINST
A. Coverage A - Dwelling And Coverage B - If any of these in 2.b.(9) above cause
Other Structures water damage not otherwise excluded
1. We insureagainst risk of direct loss to or limited elsewhere in the Policy, from

property described in Coverages A and B only if a plumbing, heating, air conditioning or
that loss is a physical loss to property. automatic fire protective sprinkler
This includes the peril of "catastrophic ground system or household appliance, we
cover collapse" as provided in Part A. below. cover loss, subject to the $10,000 limit
2. We do not insure, however, for loss: as set forth in 3. below, caused by the
a. water, including the cost to tear out and
b. Caused by: repair only that part or portion of a
(1) building or other structure covered
under Coverage A or B, on the
(6) Accidental discharge or overflow of "residence premises", necessary to
water or steam, unless loss to property access the system or appliance.
covered under Coverage A or B results
from an accidental discharge or
overflow of water or steam from within a 3.A $10,000 limit on coverage applies and is the
plumbing, heating, air conditioning or most we will pay for:
automatic fire protective sprinkler a. Each covered direct physical loss from all

system or household appliance on the water or steam in paragraphs 2.b.(6) and
"residence premises", subject to the 2.b.(9) above; and
$10,000 limit as set forth in 3. below. b. All cosmetic and aesthetic damage,
Loss to property covered under which occurs in the same loss as 3.a.
Coverage A or B that results from an above, including any repair or replacement
accidental discharge or overflow of of items tomatch quality, color, or size.
water or steam from within a plumbing, Payment Reasonable Emergency
for

heating, air conditioning or automatic Measures under Section I - Property
fireprotective sprinkler system or Coverages paragraph F.1., which occurs in
household appliance on the "residence the same loss as 3.a. above, will be
premises" includes, subject to the deducted from the $10,000 limit on
$10,000 limit as set forth in 3. below, the coverage.
cost to tear out and repair only that part
or portion of a building or other structure 4. The $10,000 limit on coverage in 3. above
covered under Coverage A or B, on the does
"residence premises", necessary to not apply if:

access the system or appliance. a. At our option we offer and you consent to
participate in the services described under
CIT 04 86; or
(9) Any of the following: b. Prior either to your incurring any costs for
(a) Wear and tear, marring, chipping, covered repairs or your starting any
scratches, dents, or deterioration; covered repairs, you request and we do not
(b) Inherent vice, Iatent defect, defect or offer the services described under CIT 04
mechanical breakdown; 86 to you.
(c) Smog, rust, decay or other
corrosion; In limit on coverage does
the event the $10,000
Coverage A Limit Of Liabilityor
not apply, the
(f)Settling,shrinking, bulging or Coverage B Limit Of Liability,applicable to the
expansion, including resultant damaged covered property, is the most we will
cracking of pavements, patios, pay.
foundations, walls, floors, roofs or
ceilings;or

7
(.Seepages 13-16 of 37 of Policy)

Paragraph 2 of the Policy's Perils Insured Against clause defines the risks that are

excluded from coverage under Coverage A and B. However, portions of the clause create

exceptions to those exclusions, and those exceptions apply to this case. The exception in

Subparagraph 2.b.(6)provides coverage for losses to property covered by Coverage A or B that

are damaged by accidental dischargeof water or steam. In turn, the exception in Subparagraph

2.b.(9)provides coverage for losses for property not excluded from coverage elsewhere in the

Policy and that are caused water damage resultingfrom several factors including wear and tear,

inherent vice,mechanical breakdown, defects,corrosion,or settling.
deterioration,

Paragraph 3 of the Perils Insured Against clause defines the limits of coverage for the

exceptionscreated in Subparagraphs 2.b.(6)and 2.b.(9).
Losses covered under either exception

are limited to a maximum $10,000 sub-limit. In turn, Paragraph 4 creates an exceptionto the

$10,000 sub-limit,which appliesif the Insured participates
in the Managed Repair Contractor

Network Program.

Insurance policy construction is a question of law for the court, where the court is

charged with construingan insurance policyprovisionsin accordance with the plain meaning of

the policy.Eagle American Ins. Co. v. Nichols, %14 So. ld 1083 (Fla.4th DCA 2002); Swire

Pacifc Holdings.M. v. Zmich Ms. Co.. 845 So.2d 161, 165 (Fla.2003). The applicable

Citizens insurance policy does not contain inconsistencies,and furthermore is not ambiguous.

Therefore, this Court should not construe the liability
limitation againstthe insurance carrier.

The Florida Supreme Court in Swire PacificHoldings, Inc. v. Zruich Ins. Co., held that-.

[E]xclusionaryprovisionswhich are ambiguous or otherwise susceptibleto more
than one meaning must be construed in favor of the insured, since it is the insurer
who usually drafts the policy.See Excelsior Inc. Co. v. Pomona Park Bar &
Yamilca Gomez, v. Citizens
CASE NO. CACE 21-007257 (25)

Package Store, 369 So. 2d 938, 942 (Fla. 1979). However, "[olnly when a
genuine inconsistency, or ambiguity in meaning remains after resort
uncertainty,
to the ordinaryrules of construction is It does not allow courts
the rule apposite.
to rewrite contract, add meaning that is not present, or otherwise reach results
contrary to the intention of the parties."(Emphasis added.) The Court reasoned
that,"simply because a provisionis complex and requiresanalysisfor application,
it is not automaticallyrendered ambiguous. See Eagle American Ins. CO. V.
Nichols, 814 So. 2d 1083, 1085 (Fla. 4th DCA 2002). Finally, we have
consistently courts should read each
held that "in construinginsurance policies,
policy as a whole, endeavoring to give every provision its full meaning and
operativeeffect." Auto-Owners, 756 So. 2d at 34; see also § 627.419(1),Fla. Stat.
(2002) ('Every insurance contract shall be construed according to the entiretyof
itsterms and conditions as set forth in the policy and as amplified,extended, or
modified by any applicationtherefore or any rider or endorsement thereto.')."

Reading the policy as a whole giving every provision its full meaning and operative

effect,the Perils Insured Against Clause limits the named insured's payment afforded for a

covered loss caused by accidental discharge of water, such as the loss Plaintiff suffered in the

claim at issue in this case, to $10,000. The exceptionto this limit would have appliedif Plaintiff

acceptedCitizens' invitation to in the Managed Repair Contractor Network Program,
Participate

extended September 19, 2020 OUYidavit of Defendant's Corporate Mitichuell Myles, at ?11)

However, Plaintiff rejected
this offer. at 912)
(Id.,

The foregoing discussion demonstrates that no evidence exists for a reasonable jury to

find that Plaintiff's claim is not subjectto the Policy'swater damage sub-limit,or that Plaintiff

in the offer that would
participated set aside the sub-limit. Accordingly,were Plaintiff to prevail

at trial in its claim that the damages caused by the loss exceeded the amount Citizens offered to

pay in settlement of the claim, pursuant to the Policy Plaintiff's damages would be limited to

$10,000.

CONCLUSION

Citizens is entitled to Partial Summary Judgment. The undisputed evidence shows the

for coverage for water damage of the
Policy'slimit of liability sort Plaintiff suffered to $10,000.

9
Yamilca Gomez, v. Citizens
CASE NO. CACE 21-007257 (25)

That is the extent of damages Plaintiff is entitled to recover with respect to the indemnity arising

from her claim.

WHEREFORE, Defendant Citizens Property Insurance Corporation respectfully

requests this Court enter Partial Summary Judgment in its favor findingas a matter of law that

Plaintiff's damages may not exceed $10,000, and grant any and all other relief as deemed just

and reasonable.

I HEREBY CERTIFY that a true and correct copy of the above and foregoinghas been

sent by e-mail on
-th
this the 6? day of September, 2022, to Maximo A. Santiago, Esq., Your

Insurance Attorney, PLLC, Attorneys for Plaintiff, yia3@yourinsuranceattorney.com,

eservice@yourinsuranceattomey.com.

BRONSTEIN & CARMONA, P.A.
Attorneys for Defendant
8000 Peters Road, Suite A-200
FL 33324
Fort Lauderdale,
-
(954) 358-0444 Phone
-
(954) 358-0445 Fax
service@bronstein-carmona.com

By: /s/Hector E. Valdes Ortiz
Hector E. Valdes-Ortiz
Florida Bar No: 098152

10
21-10734 Exhibit A
HEV/rh

IN THE CIRCUIT COURT OF THE 17TH
JUDICIALCIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
YAMILCA GOMEZ, CASE NO. CACE 21-007257 (25)
(Judge Carol-Lisa Phillips)
Plaintiff,

CITIZENS PROPERTY INSURANCE
CORPORATION,

Defendant.
i

AFFIDAVIT OF DEFENDANT'S CORPORATE REPRESENTATIVE IN SUPPORT OF
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

The undersigned Affiant,being duly sworn, deposes and states as follows:

1. I, Mitichuell Myles, am over the age of 18 years and have personalknowledge of

the facts stated herein.

2. I work for Citizens Property Insurance Corporation and have been designatedas

the CorporateRepresentativeand Records Custodian in this matter.

3 This matter arises out of a disputeover the amount of insurance benefits due for

services performed by the Plaintiff at the residence owned by Citizens' Named Insured, 1815 N.

44?1 Ave., Hollywood, FL 33021 (the"insured property").

4. Citizens provided insurance for the insured property XXXX5312 effective from

of Defendant's Records Assistant Teneka Turner.
july 16,1019 to july 16,1010. See Affidavit

5. The applicable Policy provides Section I - Perils Insured Against - A.

Coverage A- Dwelling and Coverage B-Other Structures coverage for physical loss. CSee

Policy,pages 13 -16 of 37)
Yamilca Gomez, v. Citizens
CASE NO. CACE 21-007257 (25)

6. Citizens' Policy for the Named Insured,of which Plaintiff is an assignee,provides

insurance with coverage limits for a covered loss.

7. The Policy'scoverage limit for each covered direct physicalloss from all water or

accidental dischargeor overflow of water or steam from within plumbing on the "residence

premises" is $10,000. ((See Policy,pages 14 and 16 of 37)

8 The Policy's coverage limit for each above cause water damage not otherwise

excluded or limited elsewhere in the Policy,from wear and tear, deterioration,inherent vice,

latent defect, defect or mechanical breakdown, smog, rust, decay or other corrosion to a

plumbing system is $10,000.((SeePolicy,pages 15 and 16 of37)

9- On or about July 24,2020, Citizens received a claim for water damage at the

insured property. Citizens acknowledged receiptof the claim and assigned Claim Number 001-

00-105349. (See Citizens' correspondence to Insured dated July 24, 2020 attached as Exhibit

't41. '7

10. On September 10, 2020 Citizens sent correspondenceto Plaintiff informing it had

concluded that the loss was caused by damage to the plumbing system. Gee Citizens'

correspondence to the Insured's Representative dated September 10, 2020 attached hereto as

Exhibit "A2.

11. On September 19, 2020, Citizens sent correspondence to Plaintiff extending

coverage for the loss,informing that the claim was subjectto the Policy's$10,000 sub-limit and

in the Managed Repair Contractor Network Program which would
offeringPlaintiff participation

waive the %10,000 sub-Umit. (See Citizens' correspondence to the Insured attached hereto as

Exhibit "A3.

2
Yamilca Gomez, v. Citizens
CASE NO. CACE 21-007257 (25)

12. Plaintiff did not accept Citizens' offer to participatein the Managed Repair

Contractor Network Program.

13. The following business records attached to this Affidavit were made or received

at or near the time of the occurrence or the matter set forth,were kept in the course of regularly

conducted business activity;and were made or received as a regular practicein the course of

regularlyconducted business activity.

Exhibit Al- Citizens' correspondenceto Insured dated July 24,2020.

Exhibit A2- Citizens' correspondence to Insured's Representativedated September 10,2020.

Exhibit A3- Citizens' correspondenceto Insured's Representativedated September 19,2020.

IContinues on next pagel

3
Yamilca Gomez, v. Citizens
CASE NO CACE 21-007257 (25)

FURTHER AFFIANT SAYETH NAUGHT,

GTIDC.HYFFWyL.?u
Mitichuell Myles, foiporate Representative

STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, who is

-
personallyappeared Mitichuell Myles,

personally known to me, or
provided proper identification
[Type: 1

and who, upon being first duly sworn accordingto law, deposes and says that he executed the
foregoing Affidavit and it is true and correct to the best of his knowledge and belief. Sworn to
(or affirmed) and subscribed before me by means of 0
physical presence or [0-online
notarization,this*kdday ofAugust , 2022.
MleSH'name
bMikchuell of person
making statement).

IN WITNESS WHEREOF, I have herguntoset my hand and affix the seal of my office in
the County and State last aforementioned thi41-day of?A-lguit2022. ,

'EAZN
NOTARY PUBLIC

-TiQM SDnderS
(PrintName as Commissioned)

MY COMMISSION EXPIRESOSI
I11 3-OXD
222'*.,. TI4RA SANDERS
#F-AviNotary Public-State Gf Fiorida
1681621
17:S COMTIDIi?Ai.;;L?S?UI'S'
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M,M
tx:Ey March 13.2026

4
CITIZENS PROPERTY INSURANCE CORPORATION
RO. BOX 19700 Exhibit A-1
JACKSONVILLE, FL 32245-9700
CITIZENS
PROPERTY INSURANCE CORPORATION

TELEPHONE: (866)411-2742 FAX: (888)392-6739

July 24,2020

YAMILCA GOMEZ
1815 N 44TH AVE i:i?-%18
HOLLYWOOD, FL 33021 Scan to View Claim

RE: Policyholder: YAMILCA GOMEZ
Citizens claim number. 001-00-239821
Citizens policy number: 5312
Date of June 24,2020
Ioss:

Loss location: 1815 N 44TH AVE, HOLLYWOOD, FL 33021-4203

HOMEOWNER CLAIMS BILL OF RIGHTS
This of Rights is specificto the claims process and does not represent all of your
Bill

rightsunder Florida law regarding your policy.There are also exceptions to the stated
timelines when
conditions are beyond your insurance company's control. This document
does not create a civil cause of action by an individual policyholder, or a class of
policyholders,against an insurer or insurers and does not prohibitan insurer from
exercising its rightto repair damaged property in compliance with the terms of an
applicable policy.

YOU HAVE THE RIGHT TO:

1 Receive from your insurance company an acknowledgment of your reported claim
within 14 days after the time you communicated the claim.

2 Upon written request, receive from your insurance company 30 days after
within
you have submitted a complete proof-of-lossstatement to your insurance company,
confirmation that your claim is covered in full,partiallycovered, or denied, or receive
a written statement that your claim is being investigated.

3 Within 90 days, subject to any dual interest noted in the policy,receive full settlement
payment for your claim or payment of the undisputed portion of your claim, or your
insurance company's denial of your claim.

Page 1 of 2
4 Free mediation of your disputed claim by the Florida Department of Financial
Consumer Services, under most circumstances and subject to
Services Division of
certain restrictions.

5 Neutral evaluation of your disputed claim, if your claim is for damage caused by a
sinkhole and is covered by your policy.

6 Contact the Florida Department of Financial Services Division of Consumer
Services' toll-free help ine for assistance with any insurance claim or questions
pertaining to the hand ing of your claim. You can reach the Helpline by phone
at 1 -877-MY-FL-CFO (1-877-693-5236) or (850)-413-3089, or you can seek
assistance online at the Florida Department of Financial Services Division of
Consumer Services' website at http://www.myfloridacfo.com/Division/Consumers/
contactus.htm.

YOU ARE ADVISED TO:

1 Contact your insurance company before entering into any contract for repairs to
confirm any managed repairpolicyprovisions or optional preferred vendors.

2 Make and document emergency repairs that are necessary to prevent further
damage. Keep the damaged property, if feasible, keep all receipts, and take
photographs of damage before and after any repairs.

3 Carefullyread any contract that requires you to pay out-of-pocket expenses or a fee
thatis based on a percentage of the insurance proceeds that you will receive for

repairing or replacing your property.

4 Confirm that the contractor you choose is licensed to do business in Florida. You can
verifya contractor's license and check to see if there are any complaints against him
or her by calling the Florida Department of Business and Professional Regulation.
You should also ask the contractor for references from previous work.

5 Require all contractors to provide proof of insurance before beginning repairs.

6 Take precautions if the damage requires you to leave your home, including securing
your property and turning off your gas, water, and electricity,
and contacting your
insurance company and provide a phone number where you can be reached.

Sincerely,

Citizens Property Insurance Corporation

§627.7142 F.S.

Page 2 of 2
CITIZENS PROPERTY INSURANCE CORPORATION
RO. BOX 19700
JACKSONVILLE, FL 32245-9700
CITIZENS
PROPERTY INSURANCE CORPORATION

TELEPHONE: (866)411-2742 FAX: (888)392-6739

July 24,2020

YAMILCA GOMEZ
1815 N 44TH AVE
HOLLYWOOD, FL 33021

RE: Citizens claim number. 001-00-239821
Citizens policynumber: 5312
Date of June 24,2020
Ioss:

Cause of Ioss: Water Damage - Non Weather Related
Insured Iocation: 1815 N 44TH AVE HOLLYWOOD, FL 33021-4203

Dear YAMILCA GOMEZ:

This confirms receiptof your recent property loss notice. The claim number
letter

above has been assigned to your file. Visit www.citizensfla.com/mypolicy to registerfor
myPolicy, where you can access claim and policy details, billinginformation and make
payments online.

We have assigned an adjuster to handle your claim who will contact you shortlyto
schedule an inspection.Once your property has been inspected, the adjuster will submit
a report for review and consideration. In the meantime, please be aware that you are
required to protect your property from further damage, keep a record of your expenses
and retain damaged property (when feasible)for our examination.

Please refer to the "Duties After Loss" section of your policyfor a list of things that are
required of you after this loss.

If makes a claim payment, your policyrequires that we include your mortgage
Citizens
company, on the check(s) related to the buildingcoverage portion of your claim.
if any,

Please verifythat the mortgagee(s) shown below is/are correct:

, HOME FINANCING CENTER ISAOA ATIMA

If the mortgagee information is not correct, notifyyour adjuster and agent immediately to
make the appropriate changes and avoid any unnecessary delays.

Page 1 of 2
If you have additional information/documentation you wish us to consider regarding this
claim, you may send it to us by one of the following ways:

, Preferred: Send as an email attachment to

Claims.Communications@citizensfla.com.
Include the claim number and policyholder name in the Subject line.

. U.S. Mail to:

Citizens Property Insurance Company
P.O. Box 19700
Jacksonville, FL 32245-9700
, By fax to 888.392.6739

Be sure to include the policyholder'sname, policy number and claim number on all

communications.

If you have questions, do not hesitate to contact me at the phone number below.

Citizens committed to handling your claim as quickly and fairlyas possible,and
is we
look forward to working with you throughout the claims process.

Sincerely,

Citizens Property Insurance Corporation

The preferred method to submit claims-related documents for our review, please attach them to an email and
send to ClaimsCommunications@citizensfla.com. In the Subject line, please identify the claim number and
policyholder name.

If this document contains an excerpt from a Citizens Property Insurance Policy ("the Policy") it is provided here for

informational purposes only. This excerpt is not the official version of the Policy. The official version of the Policy is
the policy issued to the insured on the policy effective date. In the event there is inconsistency between this document
and the Policy, the Policy shall serve as the official version.

§817.234(1)(b), RS. Any person who knowingly and with intent to injure,defraud, or deceive any insurer files a
statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of
the third degree.

Page 2 of 2
CITIZENS
PROPERTY INSURANCE CORPORATION

After Reporting A Claim - What's Next?
Your home sustained a loss. You called Citizens first to report your claim.
You have questions - we have answers.

First Things First - Protect Your Home
If it is safe, take reasonable and necessary emergency measures to secure your home from further

damage. Take photos or video of damage to your property and inventory damaged personal
property. Keep receipts for labor and material costs involved with emergency measures. Also,
document livingexpenses if you must move out of your home due to an evacuation order or your
home is not safe. Do not perform any permanent repairs until your adjuster has a chance to evaluate
the damages.

You've Reported Your Claim - What Happens Now?
Your claim has been given a specific number and assigned to an adjuster. Depending on its
complexity, itwill be serviced in-office via phone and internet or by a representative who will
visit your home for an inspection.Your representative is your main contact for any questions,

including policy coverage, your damage estimate, and any payment to you. Visit
www.citizensfla.com/brochures for brochures with more information.
, Citizens will work with any contractor you hire to try to resolve any cost differences. If needed,
your policy provides alternative dispute resolutions through mediation or appraisal.

Your Initial Estimate and Payment
. Citizens' policies provide replacement cost value (RCV) or actual cash value (ACV) coverage,
which reflects a decrease in value due to age, wear and tear and obsolescence of material. In
doubt? Ask your adjuster or agent.
. Citizens' initial estimate is:
0 A summary of known damages at the time of inspection.You can report a supplemental

Case Info

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Olefson, Shari Africk Track Judge’s New Case

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Document Filed Date

September 06, 2022

Case Filing Date

April 09, 2021

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Motion,Ex Parte: Yamilca Gomez Plaintiff vs. Citizens Property Insurance Corporation Defendant

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