Preview
Filing# 164970372 E-Filed 01/18/2023 03:16:01 PM
INTHE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
CAROL PICKERING and
JEFFREY PICKERING, CASE NO.: CACE-21-007806
Plaintiffs,
V.
UNITED PROPERTY & CASUALY INSURANCE
COMPANY,
Defendant.
PLAINTIFFS' NOTICE OF FILING AFFIDAVIT OF CAROL PICKERING
IN OPPOSITION TO DEFENDANT'S MOTION FOR FINAL SUMMARY-
JUDGMENT
CAROL PICKERING and JEFFREY
PLEASE TAKE NOTICE that Plaintiffs,
PICKERING by and throughundersignedcounsel,hereby file the following:
1. Affidavit of CAROL PICKERING in Oppositionto Defendant's Motion for Final Summary
Judgment.
CERTECATE Oy SERVICE
of
I HEREBY CERTIFY that a true and correct copy of the foregoingwas served on counsel
18th day ofJanuary2023.
record for Defendant via the Florida E-FilingPortal on this
submitted,
Respectfully
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 5th Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email:YIA3@Yourinsuranceattorney.com
Email: Eservice@Yourinsuranceattorney.com
Secondary
By:lsl mciximJG.Santlago
Maximo A. Santiago,
Esq.
Florida Bar No. 669733
Ariana Rubio Di Natale,Esq.
Florida Bar No. 1025882
*** FILED: BROWARD COUNTY-? FL BRENDA D. FORMAN, CLERK 01/18/2023 03:16:00 PM.****
INTHE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT INT AND FOR
BROWARD COUNTY, FLORIDA
CAROL PICKERING AND JEFFREY CASE NO.: CACE-21-007806
PICKERING,
Plaintiffs,
V.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
AFFIDAVIT OF CAROL PICKERING IN OPPOSITION TO DEFENDANT'S
MOTION FOR FINAL SUMMARY JUDGMENT
STATE OF FLORIDA
: SS.
BROWARD COUNTY
BEFORE ME, the undersigned notary public, this date appeared Carol Pickering being
known
personally to me and having taken an oath, deposes and says:
1. My name is Carol Pickering, and I am over the age of 21 and competent to make
this affidavit.
2. The contents of this affidavit are based on my personalknowledge.
3. I own the Propertylocated at 690 NW 158th Avenue, Pembroke Pines, Florida
33028 (the"Property").
4. I am familiar with the subjectinsurance claim with number 20FL00057157.
5. At all times material hereto, in consideration of a premium the Plaintiffs paid,there
was in full force and effect a certain homeowners insurance policy by United Property and
with
CasualtyInsurance Company (hereinafter"-United") a policy number of UHV28154810701
(the"Policy").
6. On September 10,2017, the Property suffered damage as a result ofHurricane Irma
(the"Loss").
7. Near the time of the Loss, I was not aware there was damage to the Propertyor that
the roof had been compromised by Hurricane Irma.
8. On or about August 27,2020, upon the realization and belief that I had a claim for
damages for the Propertyrelatingto Hurricane Irma, I retained my who promptly
representatives
reportedthe Loss to United.
9. At all material times hereto,I took reasonable measures to prevent further damage
to the Property and kept records of the documents I was in possession.
10. On or about September 10, 2020, I gave prompt access to United to inspectthe
and able to allow United
Property.I remained ready, willing, to inspectthe damaged Property to
determine the cause of loss.
11. At the time of United's no permanent repairshad been done
inspection, to the
master bathroom ceilingat the Property.
12. On or about October 6,2020, I provided United with a recorded statement.
13. On or about October 8,2020, United sent con-espondenceadvising that my claim
was denied because United's ability
to evaluate the claim had been prejudiceddue to failure to
The letter also stated that the
report the Loss in a timelymanner ("United'sDenial Letter"). damage
to my roof appeared to be a result wear, tear, and deterioration.
of age-related
14. On or about October 22,2020, provided United
my representatives with a signed
Sworn Proof of Loss, an estimate preparedby Donald Wilcox, and mold assessment conducted by
Truview Mold, LLC.
15. Moreover, I did not conduct repairsto the roof priorto June 9,2022, when Mr. Jose
Uz came to inspectmy property.
16. To this day, water continues to leak through the roof and accumulates onto the
plasticcoveringinside the master bathroom ceiling.
17. At all times material hereto,I complied with my duties under the Policy.
18. At all times material hereto, I cooperatedto the best of my with United's
ability
of my Loss.
investigation
19. At all times material hereto,I took reasonable and necessary measure to protect the
Property from further damage.
20. At all times material hereto, I gave prompt access to United to inspectthe damages
Property.
21. At all times material hereto, I kept records o f the documents in my possession
reasonablyavailable to me and provided United with the same.
IRemainder of page leftintentionally blank.1
FURTHER AFFIANT SAYETH NOT. .-, C '1 '?'
COUNTY OF MIAMI-DADE.
CanDLPWRMJNB
Carol Pickering
Sworn to and subscribe before me this 175day of January 2023, by
Cmol Rckeri
7. who present identification and/or is personallyknow to me and who did
take an oath.
8@i /
f f MY COMMSSEN- ??
/LF
(Name of Notary, or stamped)
t iEA-R?s6*2028 L j
Commission No.
typed\?nted
M..&8/
Fw'IKUIABEFI# My commission expires:
Preview
Filing# 164970372 E-Filed 01/18/2023 03:16:01 PM INTHE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CAROL PICKERING and JEFFREY PICKERING, CASE NO.: CACE-21-007806 Plaintiffs, V. UNITED PROPERTY & CASUALY INSURANCE COMPANY, Defendant. PLAINTIFFS' NOTICE OF FILING AFFIDAVIT OF CAROL PICKERING IN OPPOSITION TO DEFENDANT'S MOTION FOR FINAL SUMMARY- JUDGMENT CAROL PICKERING and JEFFREY PLEASE TAKE NOTICE that Plaintiffs, PICKERING by and throughundersignedcounsel,hereby file the following: 1. Affidavit of CAROL PICKERING in Oppositionto Defendant's Motion for Final Summary Judgment. CERTECATE Oy SERVICE of I HEREBY CERTIFY that a true and correct copy of the foregoingwas served on counsel 18th day ofJanuary2023. record for Defendant via the Florida E-FilingPortal on this submitted, Respectfully Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 5th Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email:YIA3@Yourinsuranceattorney.com Email: Eservice@Yourinsuranceattorney.com Secondary By:lsl mciximJG.Santlago Maximo A. Santiago, Esq. Florida Bar No. 669733 Ariana Rubio Di Natale,Esq. Florida Bar No. 1025882 *** FILED: BROWARD COUNTY-? FL BRENDA D. FORMAN, CLERK 01/18/2023 03:16:00 PM.**** INTHE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT INT AND FOR BROWARD COUNTY, FLORIDA CAROL PICKERING AND JEFFREY CASE NO.: CACE-21-007806 PICKERING, Plaintiffs, V. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i AFFIDAVIT OF CAROL PICKERING IN OPPOSITION TO DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT STATE OF FLORIDA : SS. BROWARD COUNTY BEFORE ME, the undersigned notary public, this date appeared Carol Pickering being known personally to me and having taken an oath, deposes and says: 1. My name is Carol Pickering, and I am over the age of 21 and competent to make this affidavit. 2. The contents of this affidavit are based on my personalknowledge. 3. I own the Propertylocated at 690 NW 158th Avenue, Pembroke Pines, Florida 33028 (the"Property"). 4. I am familiar with the subjectinsurance claim with number 20FL00057157. 5. At all times material hereto, in consideration of a premium the Plaintiffs paid,there was in full force and effect a certain homeowners insurance policy by United Property and with CasualtyInsurance Company (hereinafter"-United") a policy number of UHV28154810701 (the"Policy"). 6. On September 10,2017, the Property suffered damage as a result ofHurricane Irma (the"Loss"). 7. Near the time of the Loss, I was not aware there was damage to the Propertyor that the roof had been compromised by Hurricane Irma. 8. On or about August 27,2020, upon the realization and belief that I had a claim for damages for the Propertyrelatingto Hurricane Irma, I retained my who promptly representatives reportedthe Loss to United. 9. At all material times hereto,I took reasonable measures to prevent further damage to the Property and kept records of the documents I was in possession. 10. On or about September 10, 2020, I gave prompt access to United to inspectthe and able to allow United Property.I remained ready, willing, to inspectthe damaged Property to determine the cause of loss. 11. At the time of United's no permanent repairshad been done inspection, to the master bathroom ceilingat the Property. 12. On or about October 6,2020, I provided United with a recorded statement. 13. On or about October 8,2020, United sent con-espondenceadvising that my claim was denied because United's ability to evaluate the claim had been prejudiceddue to failure to The letter also stated that the report the Loss in a timelymanner ("United'sDenial Letter"). damage to my roof appeared to be a result wear, tear, and deterioration. of age-related 14. On or about October 22,2020, provided United my representatives with a signed Sworn Proof of Loss, an estimate preparedby Donald Wilcox, and mold assessment conducted by Truview Mold, LLC. 15. Moreover, I did not conduct repairsto the roof priorto June 9,2022, when Mr. Jose Uz came to inspectmy property. 16. To this day, water continues to leak through the roof and accumulates onto the plasticcoveringinside the master bathroom ceiling. 17. At all times material hereto,I complied with my duties under the Policy. 18. At all times material hereto, I cooperatedto the best of my with United's ability of my Loss. investigation 19. At all times material hereto,I took reasonable and necessary measure to protect the Property from further damage. 20. At all times material hereto, I gave prompt access to United to inspectthe damages Property. 21. At all times material hereto, I kept records o f the documents in my possession reasonablyavailable to me and provided United with the same. IRemainder of page leftintentionally blank.1 FURTHER AFFIANT SAYETH NOT. .-, C '1 '?' COUNTY OF MIAMI-DADE. CanDLPWRMJNB Carol Pickering Sworn to and subscribe before me this 175day of January 2023, by Cmol Rckeri 7. who present identification and/or is personallyknow to me and who did take an oath. 8@i / f f MY COMMSSEN- ?? /LF (Name of Notary, or stamped) t iEA-R?s6*2028 L j Commission No. typed\?nted M..&8/ Fw'IKUIABEFI# My commission expires: