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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-
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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
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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