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  • YARISEL MARTINEZ ET AL VS CITIZENS PROPERTY INSURANCE CORPORATION Insurance Claim document preview
  • YARISEL MARTINEZ ET AL VS CITIZENS PROPERTY INSURANCE CORPORATION Insurance Claim document preview
  • YARISEL MARTINEZ ET AL VS CITIZENS PROPERTY INSURANCE CORPORATION Insurance Claim document preview
  • YARISEL MARTINEZ ET AL VS CITIZENS PROPERTY INSURANCE CORPORATION Insurance Claim document preview
  • YARISEL MARTINEZ ET AL VS CITIZENS PROPERTY INSURANCE CORPORATION Insurance Claim document preview
  • YARISEL MARTINEZ ET AL VS CITIZENS PROPERTY INSURANCE CORPORATION Insurance Claim document preview
  • YARISEL MARTINEZ ET AL VS CITIZENS PROPERTY INSURANCE CORPORATION Insurance Claim document preview
  • YARISEL MARTINEZ ET AL VS CITIZENS PROPERTY INSURANCE CORPORATION Insurance Claim document preview
						
                                

Preview

Filing # 197056312 E-Filed 04/26/2024 09:43:55 AM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION CASE NO.: YARISEL MARTINEZ & ROLANDO MACHADO, Plaintiff, Vv, CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. COMPLAINT COMES NOW, YARISEL MARTINEZ & ROLANDO MACHADO (hereinafter “Plaintiffs” or “Plaintiff’) by and through the undersigned counsel, and hereby file this Complaint against CITIZENS PROPERTY INSURANCE CORPORATION (“Defendant”) and in support thereof allege the following: GENERAL ALLEGATIONS 1 This is an action in which the amount in controversy is more than fifty thousand dollars ($50,000.00), exclusive of interest, attorneys’ fees, and costs. 2 Plaintiff is/are the owner(s) of the real property located in MIAMI-DADE County, Florida. 3 Defendant engages in the business of providing insurance and conducts business in MIAMI-DADE County and throughout the State of Florida. 4. In consideration for the premium paid by Plaintiff to Defendant, Defendant provided property insurance coverage to Plaintiff for the real property located at 370 E 58TH ST HIALEAH PROPERTY LITIGATION GROUP, PLLC 2750 SW 145™ Ave., Ste. 509 Miramar, Florida 33027 Phone: (786) 703-8810 1 FL 33013 (hereafter referred to as the “Covered Property”) under the homeowner’s insurance policy bearing number 07260439-1 (hereafter referred to as the “Policy”). 5 Exhibit A attached hereto is the insurance contract (or evidence of the insurance contract) that represents the sale of insurance coverage/protection for the Covered Property. 6. Please see a copy of the Policy’s Declarations page, which is attached hereto as Exhibit “A”. Plaintiff reserves the right to supplement this Complaint by attaching a full copy of the policy. Alternatively, a copy of the policy will be obtained from Defendant through the Discovery process and will be filed in support of this action at that time. See, Equity Premium, Inc. v. Twin City Fir Ins. Co., 956 So.2d 1257 (Fla. 4"" DCA 2007). See also, Amiker v. Mid-Century Ins. Co., So.2d 974 (Fla 1‘ DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla. 3d DCA 1981); Sasche v. Tampa Music Co., 262 So.2d 17 (Fla. 2d DCA 1972). 7 Plaintiff suffered a loss during the policy period to the risk property listed on the declarations of coverages page of the related policy in the form ofa roof leak caused by a covered peril in such a fashion as to cause substantial damage to the risk property, and pursuant to the rules set forth in the related insurance contract, timely reported the loss to the Defendant. 8 In order to initiate an insurance claim with the Defendant, the Defendant required that the Plaintiff provide a “‘date of loss,” the “date of loss” assigned to the insurance claim was 09/28/2022, and the Defendant assigned claim number 001-00-452498 to the casualty loss. 9 The loss Plaintiff suffered occurred during the policy period and was an accidental fortuitous loss that is not excluded by the policy. 10. Plaintiff is not making any claims for breach of any implied covenant of good faith or fair dealing, nor does this lawsuit seek any extra-contractual damages at this time. ll. The loss resulted in physical damage to Covered Property. PROPERTY LITIGATION GROUP, PLLC 2750 SW 145™ Ave., Ste. 509 Miramar, Florida 33027 Phone: (786) 703-8810 2 12. The Policy covers all direct loss to Covered Property so long as the loss is a physical loss to property. 13. Plaintiffs complied with all post-loss obligations under the Policy and the Defendant was not prejudiced in its investigation. 14. Plaintiff satisfied all conditions precedent required before filing the instant action. COUNT I- BREACH OF CONTRACT. 15. Plaintiffs hereby re-allege all preceding paragraphs common to all counts above as though fully restated herein. 16. Contract: Plaintiff and Defendant entered into a contract which provided insurance over the Covered Property. Exhibit A 17. Loss During the Policy Period: Plaintiff suffered the subject loss at the covered property while the subject policy was in effect and timely reported the subject loss to the Defendant. Defendant’s investigation of the subject loss was not prejudiced. 18. Breach: Defendant breached the insurance contract, including but not limited to the Loss Payment and Loss Settlement conditions of the contract, as a result of the Defendant’s failure to pay sufficient funds to Plaintiff to restore the covered property to its pre-loss condition. 19. Materiality: Defendant’s breach was material. 20. Damages: The breach of contract by the Defendant directly resulted in damages to the Plaintiff in at least the amount in controversy alleged above due to Plaintiff. 21. As a direct result of Defendant’s breach of the Policy, Plaintiff was required to hire the undersigned attorney and have become obligated for attorneys’ fees and costs in connection with the prosecution of this action. Florida Statute §627.428, §627.70152(8) and/or §626.9373 provides for the payment of attorneys’ fees and costs in the event of such need. PROPERTY LITIGATION GROUP, PLLC 2750 SW 145™ Ave., Ste. 509 Miramar, Florida 33027 Phone: (786) 703-8810 3. WHEREFORE, Plaintiffs, YARISEL MARTINEZ & ROLANDO MACHADO, pray that this Honorable Court enter an award against Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, for compensatory damages, pre-judgment interest, attorneys” fees, and costs, and all other and further relief this Honorable Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury for those issues that are so triable against Defendant pursuant to Florida law. Respectfully submitted, /s/ Vin Roy Venkatesh, Esq. Vin Roy Venkatesh, Esq. Bar No.: 123711 Property Litigation Group, PLLC Attorneys for Plaintiffs 2750 SW 145th AVE Suite 509 Miramar, FL 33027 Primary Email: service@plglawyersfl.com Secondary Email: w@plglawyersfl.com PH: (305) 506-4746 PROPERTY LITIGATION GROUP, PLLC 2750 SW 145™ Ave., Ste. 509 Miramar, Florida 33027 Phone: (786) 703-8810 4. EXHIBIT A PROPERTY LITIGATION GROUP, PLLC 2750 SW 145™ Ave., Ste. 509 Miramar, Florida 33027 Phone: (786) 703-8810 -7- “ CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 ITIZENS JACKSONVILLE FL 32202-5142 PROPERTY INSURANCE CORPORATION. Homeowners HO-3 Special Form Policy - Declarations POLICY NUMBER: 07260439 - 1 POLICY PERIOD: FROM 05/11/2022 To 05/11/2023 at 12:01 a.m. Eastern Time at the Location of the Residence Premises Transaction: NEW BUSINESS Named Insured and Mailing Address: Location Of Residence Premises: Agent: FI. Agent Lic. #: E015663 First Named Insured: 370 E 58TH ST CONTINENTAL INSURANCE OFFICE, LLC. YARISEL MARTINEZ HIALEAH FL 33013-1248 ARIANNE SANTOS 370 E 58TH ST County:MIAMI-DADE 3758 W 12TH AVE HIALEAH, FL 33013 HIALEAH, FL 33012 Phone Number: 786-506-0628 Phone Number: 305-828-7770 Citizens Agency ID#: 29690 Primary Email Address: YARISELMV@YAHOO.ES Additional Named Insured: Please refer to “ADDITIONAL NAMED INSURED(S)" section for details Coverage is only provided where a premium and a limit of liability is shown All Other Perils Deductible: $2,500 Hurricane Deductible: $17,430 (5%) LIMIT OF LIABILITY ANNUAL PREMIUM SECTION I - PROPERTY COVERAGES $5,603 A. Dwelling : $348,600 B. Other Structures: $0 C. Personal Property: $0 D. Loss of Use: $34,860 SECTION II - LIABILITY COVERAGES E. Personal Liability: $100,000 $20 F. Medical Payments: $2,000 INCLUDED OTHER COVERAGES Ordinance or Law Limit (25% of Cov A) (See Policy) Included SUBTOTAL $5,623 Florida Hurricane Catastrophe Fund Build-Up Premium: $116 Premium Adjustment Due To Allowable Rate Change: $97 MANDATORY ADDITIONAL CHARGES: 2022 Florida Insurance Guaranty Association (FIGA) Regular Assessment $41 Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2 Tax-Exempt Surcharge $102 TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $5,981 The portion of your premium for: Hurricane Coverage is $2,243 Non-Hurricane Coverage is $3,593 Authorized By: ARIANNE SANTOS Processed Date: 05/17/2022 DEC HO3 12 19 First & Additional Named Insured Page 1 of 4 “ CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 ITIZENS JACKSONVILLE FL 32202-5142 PROPERTY INSURANCE CORPORATION. Homeowners HO-3 Special Form Policy - Declarations Policy Number: 07260439 - 1 POLICY PERIOD: FROM 05/11/2022 TO 05/11/2023 First Named Insured: YARISEL MARTINEZ at 12:01 a.m. Eastern Time at the Location of the Residence Premises Forms and Endorsements applicable to this policy: CIT 04 12 02 16, CIT 24 07 08, CIT 04 85 02 21, CIT 04 86 02 21, CIT 04 96 02 16, CIT 23 70 07 08, CIT HO-3 02 22, IL P 001 01 04, CIT 27 06 13 Rating/Underwriting Information Year Built: 1954 Protective Device - Burglar Alarm: No Town / Row House: No Prote e Device - Fire Alarm: No Construction Type: Masonry Protective Device - Sprinkler: None BCEGS: Ungraded No Prior Insurance Surcharge: No Territory / Coastal Territory: 033 / 00 Terrain: Cc Wind / Hail Exclusion: No Roof Cover: Non-FBC Equivalent Municipal Code - Police: 442 Roof Cover - FBC Wind Speed: NIA Municipal Code - Fire: 442 Roof Cover - FBC Wind Design: N/A Occupancy: Owner Occupied Roof Deck Attachment: Level C Use: Primary Roof-Wall Connection: Toe Nail Number of Families: 7 Secondary Water Resistance: No Protection Class: 7 Roof Shape: Gable Distance to Hydrant (ft.): 500 Opening Protection: Class A Distance to Fire Station (mi.): A premium adjustment of ($933) is included to reflect the building's wind loss mitigation features or construction techniques that exists. A premium adjustment of $0 is included to reflect the building code effectiveness grade for your area. Adjustments range from a 2% surcharge to a 13% credit. DDITIONAL NAMED INSURED(S) Name Address ROLANDO MACHADO. 370 E 58TH ST HIALEAH, FL 33013-1248 DITIONAL INTEREST(S} # Interest Type Name and Address Loan Number 4 1st Mortgagee SELECT PORTFOLIO SERVICING INC ISAOA ATIMA 0021981782 PO BOX 7277 SPRINGFIELD, OH 45501-7277 DEC HOS 12 19 First & Additional Named Insured Page 2 of 4 “ CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 JACKSONVILLE FL 32202-5142 PROPE Homeowners HO-3 Special Form Policy - Declarations Policy Number: 07260439 - 1 POLICY PERIOD: FROM 05/11/2022 TO 05/11/2023 First Named Insured: YARISEL MARTINEZ at 12:01 a.m. Eastern Time at the Location of the Residence Premises FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. YOUR POLICY PROVIDES COVERAGE FORA CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. DEC HOS 12 19 First & Additional Named Insured Page 3 of 4 “ CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 ITIZENS JACKSONVILLE FL 32202-5142 PROPERTY INSURANCE CORPORATION. Homeowners HO-3 Special Form Policy - Declarations Policy Number: 07260439 - 1 POLICY PERIOD: FROM 05/11/2022 TO 05/11/2023 First Named Insured: YARISEL MARTINEZ at 12:01 a.m. Eastern Time at the Location of the Residence Premises FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. TO REPORT ALOSS OR CLAIM CALL 866.411.2742 IN CASE OF LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES SOLELY TO PROTECT THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS. PROMPT NOTICE OF THE LOSS MUST BE GIVEN TO US OR YOUR INSURANCE AGENT. EXCEPT FOR REASONABLE EMERGENCY MEASURES, THERE IS NO COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF: (A) 72 HOURS AFTER WE ARE NOTIFIED OF THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVAL BY US. THIS POLICY CONTAINS LIMITS ON CERTAIN COVERED LOSSES, ALL SUBJECT TO THE TERMS AND CONDITIONS OF YOUR POLICY. THESE LIMITS MAY INCLUDE A $10,000 LIMIT ON COVERAGE FOR COVERED LOSSES CAUSED BY ACCIDENTAL DISCHARGE OR OVERFLOW OF WATER OR STEAM FROM SPECIFIED HOUSEHOLD SYSTEMS, SEEPAGE OR LEAKAGE OF WATER OR STEAM, CONDENSATION, MOISTURE OR VAPOR, AS DESCRIBED AND INSURED IN YOUR POLICY (HEREAFTER COLLECTIVELY REFERRED TO AS ACCIDENTAL DISCHARGE OF WATER IN THIS PARAGRAPH). AS ANOTHER EXAMPLE, THERE IS ALSO LIMIT OF $3,000 APPLICABLE TO REASONABLE EMERGENCY MEASURES TAKEN TO PROTECT COVERED PROPERTY FROM FURTHER DAMAGE BY ACCIDENTAL DISCHARGE OF WATER. THE AMOUNT WE PAY FOR THE NECESSARY REASONABLE EMERGENCY MEASURES YOU TAKE SOLELY TO PROTECT COVERED PROPERTY FROM FURTHER DAMAGE BY ACCIDENTAL DISCHARGE OF WATER WILL BE DEDUCTED FROM THE $10,000 LIMIT ON COVERAGE FOR ACCIDENTAL DISCHARGE OF WATER. INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND/OR AGENTS TO ASSIST THEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS. PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. IF YOU ARE UNABLE TO CONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT 866.411.2742. DEC HOS 12 19 First & Additional Named Insured Page 4 of 4