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Filing # 129693774 E-Filed 06/29/2021 10:20:28 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
ANDRELIE and PHANES JOISSAINT, CASE NO: CACE-21-009224 (02)
Plaintiffs,
VS.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
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DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES
Defendant CITIZENS PROPERTY INSURANCE CORPORATION, by and through
undersigned counsel, hereby files its Answer and Affirmative Defenses to Plaintiff's Complaint
and states the following:
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and
through undersigned counsel, hereby files its Answer and Affirmative Defenses to Plaintiff's
Complaint and states the following:
1. The allegations of paragraph 1 are admitted for jurisdictional purposes only,
otherwise denied.
2. Citizens admits, pursuant to paragraph 2 of the Complaint, that it is a State of
Florida governmental entity created by the Florida Legislature to provide property insurance
within the state of Florida. Citizens is a
governmental entity, an
integral part of the state, and not
an insurance company requiring licensure or other qualification to transact business in Florida.
§627.351(6)(a)1, Fla. Stat. (2012).
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/29/2021 10:20:27 AM.****
Citizens further denies that it does business in Broward County, Florida. Citizens avers
and asserts that it, as a governmentalentity, has home venue privilege and an absolute right to be
sued in Leon County, Florida, where it maintains its principal headquarters. Fla. Public Serv.
Comm'n v. Triple "A" Enter., 387 So. 2d 940 (Fla. 1980); Carlisle v. Game and Freshwater Fish
Comm'n, 354 So. 2d 362 (Fla. 1977); Poe & Assocs., LLC v. Citizens Prop. Ins. Corp., Case No.
08-6352, Hillsborough County Circuit Court (Dec. 2008) (ordering transfer to Leon County).
Notwithstanding Citizens' home venue privilege, it waives that privilege in this case and agrees
to the maintenance o f this suit in Broward County, Florida.
3 Defendant is without knowledge, therefore, the allegations of paragraph 3 are
denied.
4. It is admitted Defendant issued a policy of insurance bearing Policy No.
00948903, effective August 8, 2019 to August 8,2020, for the subject property located at 5360
NE 9th Terrace, Pompano Beach, Florida, subject to the conditions, exclusions, provisions, and
limitations contained therein. Otherwise, Citizens denies any and all allegations set forth in
Paragraph 4 and demands strict proof thereof.
5. The allegations o f Paragraph 5 are denied and strict proof is demanded thereof.
6. The allegations o f Paragraph 6 are denied and strict proof is demanded thereof.
7. It is admitted Plaintiffs furnished the Defendant with timely notice of the loss.
Otherwise, Citizens denies any and all allegations set forth in Paragraph 7 and demands strict
proofthereof.
8 The allegations o f Paragraph 8 are denied and strict proof is demanded thereof.
9- The allegations o f Paragraph 9 are denied and strict proof is demanded thereof.
10. The allegations of Paragraph 10 are denied and strict proof is demanded thereof.
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11. The allegations of Paragraph 11 are denied and strict proof is demanded thereof.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
As its first affirmative defense, Defendant states any and all covered damages sustained
as a result of the loss described in the Complaint have been paid in full and Plaintiff has been
fully compensated in accordance with the policy of insurance bearing Policy No. 00948903.
SECOND AFFIRMATIVE DEFENSE
As its second affirmative defense, Defendant states that Coverage is excluded under the
policy for loss caused by wear and tear, and deterioration as set forth under in Section I -
Perils
Insured Against, provision A. 2. b. (8) and (9)(a) and Section I -
Exclusions, provisions A. 3. a.,
c. and B. 3. b. (Ex. A). Based on Citizens' inspections of the property on May 24, 2020,
Plaintiffs' claimed damages were caused by wear and tear.
THIRD AFFIRMATIVE DEFENSE
As its third affirmative defense, Defendant states that Coverage is excluded under the
policy for loss caused directly or indirectly by windstorm or hail as set forth in homeowners
endorsement HO 04 94 03 95.
RIGHT TO AMEND AFFIRMATIVE DEFENSES
Defendant reserves the right to raise additional affirmative defenses, if and when they
become known, during the pendency of this case.
DEMAND FOR JURY TRIAL
Defendant hereby demands a trial byjury as to all issues so triable.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 29, 2021, the foregoing was electronically filed
through the Florida Courts E-Filing Portal which will send a notice of electronic filing to L. Dick
Ducheine, Esq, The Diener Firm, P.A., 8751 W. Broward Blvd, Suite 404, Plantation, FL 33324,
/sl Hanton H. Walters
HANTON H. WALTERS, ESQ.
Florida Bar No. 430005
Dean, Ringers, Morgan & Lawton, P.A.
Post Office Box 2928
Orlando, Florida 32802-2928
Tel: 407-422-4310 Fax: 407-648-0233
Soraya@drml-law.com
Attorneys for Defendant
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Preview
Filing # 129693774 E-Filed 06/29/2021 10:20:28 AM IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ANDRELIE and PHANES JOISSAINT, CASE NO: CACE-21-009224 (02) Plaintiffs, VS. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES Defendant CITIZENS PROPERTY INSURANCE CORPORATION, by and through undersigned counsel, hereby files its Answer and Affirmative Defenses to Plaintiff's Complaint and states the following: Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through undersigned counsel, hereby files its Answer and Affirmative Defenses to Plaintiff's Complaint and states the following: 1. The allegations of paragraph 1 are admitted for jurisdictional purposes only, otherwise denied. 2. Citizens admits, pursuant to paragraph 2 of the Complaint, that it is a State of Florida governmental entity created by the Florida Legislature to provide property insurance within the state of Florida. Citizens is a governmental entity, an integral part of the state, and not an insurance company requiring licensure or other qualification to transact business in Florida. §627.351(6)(a)1, Fla. Stat. (2012). *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/29/2021 10:20:27 AM.**** Citizens further denies that it does business in Broward County, Florida. Citizens avers and asserts that it, as a governmentalentity, has home venue privilege and an absolute right to be sued in Leon County, Florida, where it maintains its principal headquarters. Fla. Public Serv. Comm'n v. Triple "A" Enter., 387 So. 2d 940 (Fla. 1980); Carlisle v. Game and Freshwater Fish Comm'n, 354 So. 2d 362 (Fla. 1977); Poe & Assocs., LLC v. Citizens Prop. Ins. Corp., Case No. 08-6352, Hillsborough County Circuit Court (Dec. 2008) (ordering transfer to Leon County). Notwithstanding Citizens' home venue privilege, it waives that privilege in this case and agrees to the maintenance o f this suit in Broward County, Florida. 3 Defendant is without knowledge, therefore, the allegations of paragraph 3 are denied. 4. It is admitted Defendant issued a policy of insurance bearing Policy No. 00948903, effective August 8, 2019 to August 8,2020, for the subject property located at 5360 NE 9th Terrace, Pompano Beach, Florida, subject to the conditions, exclusions, provisions, and limitations contained therein. Otherwise, Citizens denies any and all allegations set forth in Paragraph 4 and demands strict proof thereof. 5. The allegations o f Paragraph 5 are denied and strict proof is demanded thereof. 6. The allegations o f Paragraph 6 are denied and strict proof is demanded thereof. 7. It is admitted Plaintiffs furnished the Defendant with timely notice of the loss. Otherwise, Citizens denies any and all allegations set forth in Paragraph 7 and demands strict proofthereof. 8 The allegations o f Paragraph 8 are denied and strict proof is demanded thereof. 9- The allegations o f Paragraph 9 are denied and strict proof is demanded thereof. 10. The allegations of Paragraph 10 are denied and strict proof is demanded thereof. 2 11. The allegations of Paragraph 11 are denied and strict proof is demanded thereof. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE As its first affirmative defense, Defendant states any and all covered damages sustained as a result of the loss described in the Complaint have been paid in full and Plaintiff has been fully compensated in accordance with the policy of insurance bearing Policy No. 00948903. SECOND AFFIRMATIVE DEFENSE As its second affirmative defense, Defendant states that Coverage is excluded under the policy for loss caused by wear and tear, and deterioration as set forth under in Section I - Perils Insured Against, provision A. 2. b. (8) and (9)(a) and Section I - Exclusions, provisions A. 3. a., c. and B. 3. b. (Ex. A). Based on Citizens' inspections of the property on May 24, 2020, Plaintiffs' claimed damages were caused by wear and tear. THIRD AFFIRMATIVE DEFENSE As its third affirmative defense, Defendant states that Coverage is excluded under the policy for loss caused directly or indirectly by windstorm or hail as set forth in homeowners endorsement HO 04 94 03 95. RIGHT TO AMEND AFFIRMATIVE DEFENSES Defendant reserves the right to raise additional affirmative defenses, if and when they become known, during the pendency of this case. DEMAND FOR JURY TRIAL Defendant hereby demands a trial byjury as to all issues so triable. 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 29, 2021, the foregoing was electronically filed through the Florida Courts E-Filing Portal which will send a notice of electronic filing to L. Dick Ducheine, Esq, The Diener Firm, P.A., 8751 W. Broward Blvd, Suite 404, Plantation, FL 33324, /sl Hanton H. Walters HANTON H. WALTERS, ESQ. Florida Bar No. 430005 Dean, Ringers, Morgan & Lawton, P.A. Post Office Box 2928 Orlando, Florida 32802-2928 Tel: 407-422-4310 Fax: 407-648-0233 Soraya@drml-law.com Attorneys for Defendant 4