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Case Number: CACE-19-021344 Division: 08
Filing # 97286919 E-Filed 10/15/2019 11:46:44 AM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JESUS VILLEDA and JHANETH VILLEDA,
CASE NO.:
Plaintiffs,
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
COMPLAINT
Plaintiffs, JESUS VILLEDA and JHANETH VILLEDA (collectively referred to hereafter as
the “Insured”), hereby sue Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (the
“Insurance Company”), and allege as follows:
PARTIES, JURISDICTION AND VENUE
1. This is an action for damages that exceeds Fifteen Thousand and 00/100 Dollars
($15,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a
Declaratory Judgment Action.
2. The Insured are individuals who at all times material hereto have resided in
Broward County, Florida.
3. The Insurance Company is a governmental entity qualified to do business in Florida
and has, at all times material hereto, been conducting business in Broward County, Florida.
4. Venue is proper in Broward County, Florida because the contract, which forms the
subject matter of this lawsuit, was executed in Broward County, Florida.
(3342572/1]
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/15/2019 11:46:42 AM.****5. All conditions precedent to the filing of this lawsuit have occurred, have been
waived or have been performed.
GENERAL ALLEGATIONS
6. At all times material hereto, in consideration of a premium paid by the Insured,
there was in full force and effect a certain homeowners insurance policy issued by the Insurance
Company with a policy number of 02178693 (the “Policy”). A true and correct copy of policy is
attached hereto as Exhibit “A”.
7. The damaged property is located at 12708 NW 15 Street, Sunrise , FL 33323 (the
“Property”).
8. Pursuant to the terms of the Policy, the Insurance Company agreed to provide
insurance coverage to the Insured’s Property for all risks unless specifically excluded by the terms
of the Policy.
9. On or about May 27, 2019, while the Policy was in full force and effect, the
Property sustained a covered loss as a result of sudden and accidental failure of plumbing system
(the “Loss”).
10. The Insurance Company assigned claim number HEE 15 to the Loss.
11. The Insurance Company acknowledged that the Property sustained a covered Loss
and offered payment.
12. However, after diligent inspection of the Loss, it was obvious that the Property
sustained covered damages greater than the damages acknowledged by the Insurance Company.
(3342572/1]13. As of the date of the filing of this lawsuit, the Insurance Company has failed to
acknowledge that additional payment would be forthcoming and it has failed to adequately provide
coverage under the terms of the Policy. As a result of the foregoing, the Insurance Company has
breached the Policy.
14. The Insured have suffered and continues to suffer damages resulting from Insurance
Company’s breach of the Policy.
15. | The Insured have been obligated to retain the undersigned attorneys for the
prosecution of this action and are entitled to a reasonable attorney’s fee pursuant to Florida Statute
Section 627.428.
COUNTI
BREACH OF CONTRACT
16. The Insured reincorporate paragraphs 1 through 15 as if fully set forth herein.
17. Itis undisputed that the Insured and the Insurance Company entered into a written
contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company
agreed to insure the Insured’s Property.
18. The Insured have paid all premiums due and owing as contemplated by the Policy;
thus, fully performing their obligations under the Policy.
19. The Insured’s Property sustained damage which the Insurance Company agreed to
provide coverage for under the terms of the Policy.
20. The Insurance Company has failed to: (i) provide coverage for the Loss under the
terms of the Policy; and/or (ii) acknowledge that additional payment would be forthcoming; and/or
(ii) make adequate payment of insurance proceeds to the Insured. As a result of the foregoing, the
Insurance Company has breached the Policy.
[3342572/1]21. As adirect and proximate result of the Insurance Company’s breach of the Policy,
the Insured have sustained damages.
WHEREFORE, the Insured respectfully request that this Court enters judgment against the
Insurance Company for damages, plus interest, court costs and reasonable attommey’s fees pursuant
to Section 627.428, Florida Statutes.
JURY TRIAL DEMAND
Plaintiffs hereby demands a trial by jury on all issues so triable.
Dated this 15" day of October 2019.
Respectfully Submitted,
Marin, Eljaiek, Lopez & Martinez P.L.
Counsel for the Insured
2601 South Bayshore Drive, 18" Floor
Coconut Grove, Florida 33133
Telephone No. (305) 444-5969
Facsimile No. (305) 444-1939
Email: Eservice@mellawyers.com
Secondary Email: Mellaw7@mellawyers.com
By: Annette Del Aguila
Anthony M. Lopez, Esq.
Florida Bar No. 13685
Annette Del Aguila, Esq.
Florida Bar No. 40546
(3342572/1]CITIZENS PROPERTY INSURANCE CORPORATION
,. 301 W BAY ST
citi ZENS JACKSONVILLE FL 32202
PROPERTY INSURANCE CORPORATION
Dwelling Fire DP-3 Special Form Policy - Declarations
POLICY NUMBER: 02178693 - 3 POLICY PERIOD: FROM = 10/16/2018 TO 10/16/2019
at 12:01 a.m. Eastern Time at the Location of the Residence Premises
Transaction: RENEWAL
Named Insured and Mailing Address: Location Of Residence Premises: Agent: Fl. Agent Lic. #: A223890
First Named Insured: 12708 NW 15TH ST ANDY'S ASSURANCE AGENCY
JESUS VILLEDA SUNRISE FL 33323-3138 Loreta Rodriguez
13161 NW 11th Ct County:BROWARD 1441 W. FLAGLER ST.
SUNRISE, FL 33323 MIAMI, FL 33135
Phone Number: 754-366-4610 Phone Number: 305-642-8407
Citizens Agency ID#: 2276
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: $4,560 (2%)
Sinkhole Loss Deductible: $22,800 (10%)
LIMIT OF LIABILITY ANNUAL PREMIUM
PROPERTY COVERAGES $2,989
A. Dwelling: $228,000
B. Other Structures: $4,560
C. Personal Property: $0
D. Fair Rental Value*: $22,800
E. Additional Living Expense*: $22,800
* Coverage "D" and “E” combined, limited to 10% of Coverage “A” for the same loss (see policy).
LIABILITY COVERAGES
L. Personal Liability: $100,000 $33
M. Medical Payments: $2,000 INCLUDED
OTHER PROPERTY AND LIABILITY COVERAGES
Sinkhole Loss Coverage (See Policy) $17
SUBTOTAL: $3,039
Florida Hurricane Catastrophe Fund Build-Up Premium: $38
Premium Adjustment Due To Allowable Rate Change: ($691)
MANDATORY ADDITIONAL CHARGES:
Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2
Tax-Exempt Surcharge $42
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $2,430
The portion of your premium for:
Hurricane Coverage is $664 Non-Hurricane Coverage is $1,722
Authorized By: Loreta Rodriguez Processed Date: 08/26/2018
DEC DP3D 08 18 First Named Insured l Page 1 of 3]
Exhibit "A"CITIZENS PROPERTY INSURANCE CORPORATION
,. 301 W BAY ST
citi ZENS JACKSONVILLE FL 32202
PROPERTY INSURANCE CORPORATION
Dwelling Fire DP-3 Special Form Policy - Declarations
Policy Number: 02178693 - 3 POLICY PERIOD: FROM 10/16/2018 TO 10/16/2019
First Named Insured: JESUS VILLEDA at 12:01 a.m. Eastern Time at the Location of the Residence Premises
Forms and Endorsements applicable to this policy:
CIT DL 24 01 02 16, CIT 25 94 02 16, CIT DL 24 16 02 16, CIT 25 07 08, CIT 04 61 07 08, CIT DP-3 08 18, CIT 05 85 08 18, CIT DL 24
11 02 16, CIT 05 86 08 18
Rating/Underwriting Information
Year Built: 1990 || Protective Device - Burglar Alarm: No
Town / Row House: No] Protective Device - Fire Alarm: No}
Construction Type: Masonry |j Protective Device - Sprinkler: None
BCEGS: Ungraded | No Prior Insurance Surcharge: No|
Territory / Coastal Territory: 037 / OO} Terrain: Cc
Wind / Hail Exclusion: No] Roof Cover: FBC Equivalent
Muni | Code - Police: 909] Roof Cover - FBC Wind Speed: NIA
Municipal Code - Fire: 909] Roof Cover - FBC Wind Design: N/A
Occupancy: Tenant Occupied || Roof Deck Attachment: Level C
Use: Rental Property | Roof-Wall Connection: Clips’
Number of Families: 1|| Secondary Water Resistance: No|
Protection Class: 2|| Roof Shape: Gable’
Distance to Hydrant (ft.): 500} Opening Protection: None
Distance to Fire Station (mi.): 1
A premium adjustment of ($812) 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 10% credit.
Your property coverage limits have been adjusted for inflation.
Your policy premium has increased by $324. Of this amount:
The premium difference due to an approved rate change is $211
The premium difference due to changes in your coverage is $94
The premium difference due to mandatory additional charges plus FHCF Build-up is $19
ADDITIONAL NAMED INSURED(S)
Name Address
JHANETH VILLEDA 12161 NW 11th Ct SUNRISE, FL 33323
ADDITIONAL INTEREST(S)
#~ Interest Type Name and Address Loan Number
WELLS FARGO BANK NA 936 ISAOA
1 1st Mortgagee PO BOX 100515 FLORENCE, SC 29502-0515 0495296253
DEC DP3D 08 18 First Named Insured Page 2 of 3CITIZENS PROPERTY INSURANCE CORPORATION
C/.. 301 W BAY ST
cm ZENS JACKSONVILLE FL 32202
ROPERT INSURANCE CORPORATION
Dwelling Fire DP-3 Special Form Policy - Declarations
Policy Number: 02178693 - 3 POLICY PERIOD: FROM 10/16/2018 TO 10/16/2019
First Named Insured: JESUS VILLEDA at 12:01 a.m, Eastern Time at the Location of the Residence Premises
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE
FOR HURRICANE LOSSES, WHICH MAY RESULT
IN HIGH OUT-OF-POCKET EXPENSES TO YOU.
NEITHER "FLOOD" NOR "ORDINANCE OR LAW"
COVERAGE IS PROVIDED IN THIS POLICY.
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 DP3D 08 18 First Named Insured Page 3 of 3Cr.
“ CITIZENS NOTICE OF PRIVACY POLICY
WHAT DOES CITIZENS PROPERTY INSURANCE CORPORATION DO
WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell you
how we collect, share, and protect your personal information. Please read this notice carefully
to understand what we do.
The types of personal information we collect and share depend on the product or service you
have with us. This information can include:
- Social Security number
- Information you provide on your application for insurance coverage, such as your
name, address, telephone number, date of birth, and occupation
- Information gathered from you as our insured, your payment history, type of coverage
you have, underwriting information and claims information
- Credit card or bank account information
- Mortgage information
- Information from your visits to www.citizensfla.com
All financial companies need to share customers’ personal information to run their everyday
business. Citizens uses your personal information only as authorized or required by law and
as necessary to provide our products and services to you. In the section below, we list the
reasons financial companies can share their customers’ personal information; the reasons
Citizens chooses to share; and whether you can limit this sharing.
Fe Tol Ree EU O U1 SL te Aree
For our everyday business purposes — We share with Yes No
nonaffiliates to assist us to process your transactions,
underwrite and/or rate your policy, service your policy,
administer claims, respond to court orders and legal
investigations, and, as permitted by federal and state law.
For our marketing purposes — to offer our products and | No We don't share
services to you
For joint marketing with other financial companies No We don't share
For our affiliates’ everyday business purposes — No We don't share
information about your transactions and experiences
For our affiliates’ everyday business purposes — No We don't share
information about your creditworthiness
For nonaffiliates to market to you No We don't share
faltcyiteatcwam Call 866.411.2742; Deaf/Hard of Hearing: 800.955.8771 (TTY) or 800.955.8770 (Voice); or go
to www.citizensfla.com
PNMPR-7 08 18Page 2
What we do
How does Citizens protect my
personal information?
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal law. These measures
include computer safeguards and secured files and buildings. Our
employees and vendors are authorized to access information only for valid
business reasons. They must agree in writing to maintain the confidentiality
of nonpublic personal information. We do not share medical information
unless authorized by you or as required by law.
How does Citizens collect my
personal information?
We collect your personal information, for example, when:
- you apply for insurance
- we process your application
- you pay insurance premiums
- you give us your contact information
- you give information to your agent or property inspector
- you file an insurance claim (or if a claim is made against you)
- you show us your government-issued ID or driver's license
- you visit Citizens’ website if you voluntarily provide the information
We also collect information from other companies, such as your loss history.
Why can't | limit all sharing?
Federal law gives you the right to limit only:
- sharing for affiliates’ everyday business purposes—information
about your creditworthiness
- affiliates from using your information to market to you
- sharing for nonaffiliates to market to you
State law and individual companies may give you additional rights to limit
sharing. See below for more on your rights under state law.
Affiliates Companies related by common ownership or control. They can be financial
and nonfinancial companies.
- Citizens has no affiliates
Nonaffiliates Companies not related by common ownership or control. They can be
financial or nonfinancial company. Nonaffiliates we share with can include:
- Independent insurance agents and agencies
- Independent adjusters or claims representatives
- _ Inspection companies
- Auditors
- _ Insurance support organizations
- Attorneys, courts, and government agencies
Joint marketing
statutory exemption.
Other important information
State law — The Florida public records law requires that all information received by a state entity be made
available to anyone upon request, including e-mail addresses, unless the information is subject to a specific
A formal agreement between nonaffiliated financial companies that together
market financial products or services to you.
- Citizens does not jointly market
PNMPR-7 08 18inzens
PROPERTY I'SURRNCE CORPORATION
Acknowledgement of Potential Surcharge and Assessment Liability
We are required by law to send you this notice to inform you about the potential for surcharges and
assessments to be applied to your policy.
1. AS APOLICYHOLDER OF CITIZENS PROPERTY INSURANCE CORPORATION, | UNDERSTAND
THAT IF THE CORPORATION SUSTAINS A DEFICIT AS A RESULT OF HURRICANE LOSSES OR
FOR ANY OTHER REASON, MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL
BE DUE AND PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE POLICY,
AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, OR A
DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE.
2. |UNDERSTAND THAT | CAN AVOID THE CITIZENS POLICYHOLDER SURCHARGE, WHICH
COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, BY OBTAINING COVERAGE FROM A
PRIVATE MARKET INSURER AND THAT TO BE ELIGIBLE FOR COVERAGE BY CITIZENS, | MUST
FIRST TRY TO OBTAIN PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING
COVERAGE WITH CITIZENS. | UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES ARE
REGULATED AND APPROVED BY THE STATE.
3. |UNDERSTAND THAT | MAY BE SUBJECT TO EMERGENCY ASSESSMENTS TO THE SAME
EXTENT AS POLICYHOLDERS OF OTHER INSURANCE COMPANIES, OR A DIFFERENT AMOUNT
AS IMPOSED BY THE FLORIDA LEGISLATURE.
4. |ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE CORPORATION IS NOT
SUPPORTED BY THE FULL FAITH AND CREDIT OF THE STATE OF FLORIDA.
More information regarding assessments and surcharges is available under the Policyholder section
of our website, www.citizensfla.com.
Citizens Property Insurance Corporation
POLICYHOLDER ASSESSMENT EXAMPLE
To illustrate the potential assessment obligation of a Citizens policyholder compared to a
policyholder insured by a private insurer, we have prepared an example based on an annual
premium of $2,000. Your actual assessment amount will vary based on your annual premium.
The assessment will be in addition to the premium you pay for insurance coverage.
a a ABC Insurance
Citizens Policy Policy
If your annual premium is: $2,000 $2,000
Tier 1: Potential Citizens Policyholder Surcharge (one- time assessment $900 NIA
up to 45% of premium)
Tier 2: Potential Regular Assessment (one -time assessment up to 2% of
premium) ' N/A $40
Tier 3: Potential Emergency Assessment (up to 30% of premium
annually, may apply for multiple years) ? $600 a
Potential Annual Assessment: $1,500 $640
Tiers are used to demonstrate the multiple levels of assessment defined by Florida Law.
Assessment tiers are triggered based on the severity of the deficit.
Assessments are based on the greater of the projected deficit or the aggregate statewide
written premium for the subject lines of business. The above example is based
on the use of premium.
Notes:
1 - Tier 2 additional assessments may be incurred for other property/casualty policies that are subject to assessment.
2- Tier 3 assessment may be collected each year over multiple years, depending on the extent of the deficit. In the event that subsequent
years also generate a deficit, additional assessments could occur.
ACK-1 11 13< CITIZENS
PROPERTY INSURANCE CORPORATION
POLICYHOLDER NOTICE
IMPORTANT INFORMATION
Dear Policyholder,
This offer of renewal contains a separate deductible for hurricane losses and a
separate deductible for all other peril (AOP) losses. The hurricane deductible and
AOP deductible you previously selected are shown in the enclosed Declaration
page(s) of this renewal offer.
Citizens offers you the choice of several hurricane deductible options. If your
policy dwelling limit is $100,000 or more (or personal property limit, if applicable),
you may choose a hurricane deductible of 2, 5 or 10 percent of your limit. In
addition to these deductibles, you may also choose a hurricane deductible of
$500 if your policy dwelling limit is less than $100,000 (or personal property limit,
if applicable).
The all other perils (AOP) deductible options you may choose are $500, $1,000
or $2,500, but may not exceed the hurricane deductible you select.
All of these deductible options may not be available due to the policy dwelling
limit (or personal property limit, if applicable).
You may select different deductibles now or at any future renewal. If you have
suffered hurricane losses in the current calendar year, a request to reduce your
hurricane deductible will not be effective until January 1 of the following year.
A mandatory sinkhole deductible may apply in some policies and will be shown in
your Declarations, if applicable.
If you have questions about these deductibles or want to change your
deductibles, contact your Citizens agent for assistance. The request to change
your deductibles must be received by Citizens prior to the renewal date of
your policy.
This notice does not provide coverage nor does this notice replace any
provisions of your policy. You should read your policy and review your
declarations page for complete information on the coverages you are provided
with. If there is any conflict between the policy and this notice, the provisions of
the policy shall prevail.
PNMPR-8 06 12Checklist of Coverage
Policy Type: Dwelling
(Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's)
The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of
the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions,
limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent
separately.
Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and
limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a
claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool
enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may
arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor,
wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures.
A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement.
Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the
provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your
agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’
Helpline at (800) 342-2762 or www.fidfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Limit of Insurance: _ $228,000 Loss Settlement Basis: Replacement Cost
(i.e.: Replacement Cost, Actual Cash Value, Stated Value, etq)
Other Structures Coverage (Detached from Dwelling)
Limit of Insurance: _ $4,560 Loss Settlement Basis: Replacement Cost
(i.e.: Replacement Cost, Actual Cash Value, Stated Value, etq
Personal Property Coverage
Limit of Insurance: _ $0 Loss Settlement Basis:
(ie.: Replacement Cost, Actual Cash Value, Stated Value, etd)
Deductibles
Annual Hurricane: $4,560 (2%) All Perils (Other Than Hurricane): $2,500
Sinkhole: $22,800 (10%)
OIR-B1-1670 (1-1-06) 1of3Checklist of Coverage (continued)
The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against:
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Fire or Lightning
Hurricane
Flood (Including storm surge)
Windstorm or Hail (other than hurricane)
Explosion
Riot or Civil Commotion
Aircraft
Vehicles
[Smoke
Vandalism or Malicious Mischief
Theft
Falling Objects.
Weight of Ice, Snow or Sleet
Accidental Discharge or Overflow of Water or Steam
‘Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging
Freezing
‘Sudden and Accidental Damage from Artificially Generated Electrical Current
Volcanic Eruption
Sinkhole
<|~<|<|«| <|<|<«]|<}<] z] <| <|«]<«|<|<|<|z|<|<«
Any Other Peril Not Specifically Excluded (dwelling and other structures only)
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Loss of Use Coverage
Coverage [__timit of Insurance] Time Limit
(items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Y |Additional Living Expense 24 Consecutive Months
Y |Fair Rental Value See Policy 24 Consecutive Months
Y |Civil Authority Prohibits Use 2 weeks:
Property - Additional/Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit.
included) Included Additional
Y |Debris Removal See Policy Y
y |Reasonable Repairs See Policy Y
Y [Property Removed See Policy Y
N (Credit Card, Electronic Fund Transfer Card, or
Access Device, Forgery and Counterfeit Money
N |Loss Assessment
Y [Collapse See Policy Y
Y |Glass or Safety Glazing Material See Policy Y
N |Landlord's Furnishings
N |Law and Ordinance
N |Grave Markers
Y [Mold / Fungi $10,000 Y
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
OIR-B1-1670 (1-1-06) 2of3Checklist of Coverage (continued)
Discounts
(Items below marked Y (Yes) indicate discount IS applied, those marked N Dollar ($) Amount of Discount
(No) indicate discount is NOT applied)
N [Multiple Policy
N |Fire Alarm / Smoke Alarm / Burglar Alarm
N {Sprinkler
Y [Windstorm Loss Reduction ($812)
N
N
Building Code Effectiveness Grading Schedule
Other
Insurer May Insert Any Other Property Coverage Below
at Limit of Insurance Loss Settlement Basis:
(Items below marked Y (Yes) indicate coverage IS (i.e.: Replacement Cost, Actual Cash Value, Stated
included, those marked N (No) indicate coverage is NOT Value, etc.)
included)
Personal Liability Coverage
Limit of Insurance: $100,000
Medical Payments to Others Coverage
Limit of Insurance: _ $2,000
Liability - Additional/Other Coverages
(items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of See anal ae Sa
included, those marked N (No) indicate coverage is NOT Sede dsr eked weit
included) Included Additional
Y {Claim Expenses See Policy Y
y |First Aid Expenses See Policy Y
Y |Damage to Property of Others $500 Y
N |Loss Assessment
Insurer Insert Any Other Liability Cover: Below
(tems below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance
INOT included,
Y | Mold Section II
$50,000
OIR-B1-1670 (1-1-06) 3 of 3Notice of Premium Discounts for Hurricane Loss Mitigation
*** Important Information ***
About Your Personal Residential Insurance Policy
Dear Homeowner,
Hurricanes have caused tens of billions of dollars in insured damages and predictions of
more catastrophic hurricanes making landfall in Florida have triggered increases in
insurance premiums to cover potential future losses. Enclosed is information regarding
wind loss mitigation that will make your home more resistant to wind and help protect
your family during a catastrophic event. In addition to reducing your hurricane wind
premium by installing mitigation features, you may also reduce the likelihood of out of
pocket expenses, such as your hurricane deductible, you may otherwise incur after a
catastrophic event.
What factors are considered in establishing my premium?
Your location: The closer a home is to the coast, the more vulnerable it is to damage
caused by hurricane winds. This makes the hurricane-wind premium higher than for
similar homes in other areas of the state.
Your policy: Your insurance policy is divided into two premiums: one for damage caused
by hurricane force winds (hurricane-wind) and one for all other damage (all perils), such
as fire.
Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10%
deductible, depending on the actual value of your home. The larger your deductible, the
lower your hurricane-wind premium. However, if you select a higher deductible your out-
of-pocket expenses in the event of a hurricane claim will be higher.
Improvements to your home: The state requires insurance companies to offer discounts
for protecting your home against damage caused by hurricane winds. Securing your
roof so it doesn’t blow off and protecting your windows from flying debris are the two
most cost effective measures you can take to safeguard your home and reduce your
hurricane —wind premium. These discounts apply only to the hurricane-wind portion of
your policy.
The costs of the improvement projects vary. Homeowners should contact a licensed
contractor for an estimate. You can find a Certified Contractor in your area by visiting
the Florida Department of Business and Professional Regulation online at
www.myfloridalicense.com.
Your maximum discount: Discounts are not calculated cumulatively. The total discount
is not the sum of the individual discounts. Instead, when one discount is applied, other
discounts are reduced until you reach your maximum discount of 92%.
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155 1How can I take advantage of the discounts?
Homeowners will need a qualified inspector such as a general, building, or residential
contractor licensed under Section 489.111, Florida Statutes, or a professional engineer
licensed under Section 471.015, Florida Statutes, who has passed the appropriate
equivalency test of the Building Code training program as required by Section 553.841,
Florida Statutes, or a professional architect licensed under Section 481.213, Florida
Statutes, or a building code inspector certified under Section 468.607, to inspect the
home to identify potential mitigation measures and verify improvements. For a listing of
individuals and/or inspection companies meeting these qualifications contact your
insurance agent or insurance company.
The following is an example of how much you can reduce your insurance
premium if you have mitigating features on your home. The example is based on
your hurricane-wind premium* of $736.00 which is part of your total annual
premium of $2,430.00. Remember, the discounts shown only apply to the
hurricane-wind portion of the premium and the discounts for the construction
techniques and features listed below are not cumulative.
* Wind mitigation credits apply to that portion of your premium that covers
the peril of wind, whether or not a hurricane exists.
Homes built prior to the 2001 building code
: 7 A Estimated* Annual
Description of Feature eSate eemum | Premium ($) is
Reduced by:
Roof Covering (i.¢., shingles or tiles)
e Meets the Florida Building Code. Feature is being
Applied
e Reinforced Concrete Roof Deck.
(If this feature is installed on your home you 15%
most likely will not qualify for any other $354
discount.)
How Your Roof is Attached
e Using a 2" nail spaced at 6" from the edge of | better discount is
the plywood and 12" in the field of the already applied in this
plywood. Category
e Using a 2 1/2" nail spaced at 6" from the edge
of the plywood and 12" in the field of the 0% $0
plywood.
e Using a 2 1/2" nail spaced at 6" from the edge
of the plywood and 6" in the field of the Feature is being
plywood. Applied
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155Roof-to-Wall Connection
e Using “Toe Nails” — defined as three nails A better discount is
driven at an angle through the rafter and into | already applied in this
the top roof. Category
e Using Clips — defined as pieces of metal that
are nailed into the side of the rafter/truss and
into the side of the top plate or wall stud.
e Using Single Wraps — a single strap that is
attached to the side and/or bottom of the top |6% $145
plate and are nailed to the rafter/truss.
e Using Double Wraps — straps are attached
to the side and/or bottom of the top plate and |9% $228
are nailed to the rafter/truss.
Feature is being
Applied
Roof Shape
e Hip Roof — defined as your roof sloping down
to meet all your outside walls (like a pyramid). 9% $208
© Other. Feature is being
Applied
Secondary Water Resistance (SWR)
© SWR - defined as a layer of protection
between the shingles and the plywood 1% $21
underneath that protects the building if the
shingles blow off.
e NoSWR. Feature is being
Applied
Shutters
e None. Feature is being
Applied
e Intermediate Type - shutters that are strong
enough to meet half the old Miami-Dade 12% $281
building code standards.
e Hurricane Protection Type - shutters that are
strong enough to meet the current Miami- 15% $354
Dade building code standards.
* Estimate is based on information currently on file and the actual amount may vary.
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155Homes built under the 2001 building code or later
Description of Feature
Estimated*
Premium
Discount
Percent
Estimated* Annual
Premium ($) is
Reduced by:
Homes built under the 2001 Florida Building Code or later
edition (also including the 1994 South Florida Building
Code for homes in Miami-Dade and Broward Counties)
are eligible for a minimum 68% discount on the hurricane-
wind portion of your premium. You may be eligible for
greater discount if other mitigation features are installed
on your home.
Shutters
None.
Intermediate Type — shutters that are strong
enough to meet half the old Miami-Dade building
code standards.
Hurricane Protection Type — shutters that are
strong enough to meet the current Miami-Dade
building code standards.
N/A
N/A
N/A
This section only
applies to homes built
after 2001
N/A
N/A
Roof Shape
Hip Roof — defined as your roof sloping down to
meet all your outside walls (like a pyramid).
Other.
N/A
N/A
N/A
N/A
* Estimate is based on information currently on file and the actual amount may vary.
Alternately and regardless of the year of construction, if you meet the minimum fixture
and construction requirements of the 2001 Florida Building Code you have the option to
reduce your hurricane-wind deductible from N/A to N/A.
If you have further questions about the construction techniques and features or other
construction techniques and features that could result in a discount, please contact your
insurance agent or the insurance company at 305-642-8407.
OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155<< CITIZENS
OUTLINE OF YOUR
The following outline is for informational purposes only. Florida law
prohibits this outline from changing any of the provisions of the
insurance contract which is the subject of this outline. Any
endorsement regarding changes in types of coverage, exclusions,
limitations, reductions, deductibles, coinsurance, renewal
provisions, cancellation provisions, surcharges, or credits will be
sent separately.
Please read your Dwelling policy carefully for complete
descriptions and details. Your Agent will assist you with any
questions about this policy.
PROPERTY COVERAGES
At your option, you may choose to remove Windstorm Coverage.
You may also choose to increase, reduce or remove Coverage B
and Coverage C.
Coverage A - Dwelling
Protects against covered loss to your dwelling and structures
attached to your dwelling.
Coverage B - Other Structures
Protects against covered loss to structures on your residence
premises not physically attached to the dwelling.
Coverage C - Personal Property
Protects against covered loss to personal property such as
clothing and furniture. Special limits apply to some types of
personal property.
Coverages D - Fair Rental Value and E — Additional Living
Expense
If you rent the described location to others, Coverage D provides
for the loss of rent you incur, less any expenses that do not
continue, while the building is unfit to live in because of a covered
loss.
If you reside in the described location, Coverage E provides
additional living expenses you incur while you are temporarily
unable to live at the described location because of a covered loss.
Reasonable Emergency Measures
Provides up to $3,000 limited coverage for the reasonable costs
incurred by you for necessary measures taken solely to protect
covered property from further damage when covered loss is
caused by accidental discharge of water or steam as described
and covered in the policy. For covered loss from other perils
insured against, other limits may apply.
Other Coverages
These coverages include limitations and may not completely
protect you against loss.
Debris Removal
* Property Removed °
Trees, Shrubs And Other Plants
* Fire Department Service Charge *
* Improvements, Alterations and
Additions (If you are a tenant of
the described location)
There are Other Coverages. Please see your policy.
Please review your policy for a complete list of items that have
special limits and for property that is not covered by this policy.
Pre-event evacuation expenses are not covered under this policy.
Collapse
Glass Or Safety
Glazing Material
Fungi, Wet or Dry
Rot, Yeast or
Bacteria
DWELLING 3 POLICY
PERILS INSURED AGAINST
Coverage A - Dwelling and Coverage B - Other Structures
This policy insures against risk of direct loss to covered property
under Coverages A and B, unless not covered or excluded from
coverage as described elsewhere in the policy.
Coverage C - Personal Property
Insures against sudden and accidental direct physical losses
except as limited or excluded by your policy, caused by:
* Fire or lightning * Windstorm or hail
* Explosion * Riot or civil commotion
* Aircraft * Vehicles
* Smoke * Vandalism or malicious mischief
* Falling Objects
* Volcanic Eruption
* Damage by Burglars
* Weight of ice, snow or sleet
* Catastrophic Ground * Accidental discharge or overflow
Cover Collapse of water
* Sudden & accidental tearing apart or bulging
* Freezing of plumbing or household appliances
* Sudden and accidental damage from artificially generated
electricity)
There are some perils not covered under Coverages A, B or C.
Additionally, there are limitations to the perils insured against.
Coverage for other perils may be available for an additional
premium.
PROPERTY EXCLUSIONS
* Ordinance or Law * War or Nuclear Hazard
* Earth Movement * Neglect
And Settlement, * Flood and Other
* Power Failure Off Water Damage
The Described Location Intentional Loss
* Sinkhole Loss
* Repeated Seepage or Leakage of water or steam
There are other exclusions. Please refer to your policy for
complete details regarding exclusions.
OTHER LIMITATIONS
Notice of Claim to Us In case of a loss to covered property,
reasonable emergency measures solely to protect the property
from further damage may be taken in accordance with the Policy
provisions.
Prompt notice of the loss must be given to us or your insurance
agent. 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. Please carefully read your entire Policy. To report a loss or
claim, call Citizens Property Insurance Corporation at
866.411.2742
Your Policy contains limits on certain covered losses, which may
include a limit of $10,000 for covered losses caused by
accidental discharge or seepage of water. Payment for
reasonable emergency measures will reduce the $10,000 limit.
Please read your policy carefully for specific information.
CITIZENS PROPERTY INSURANCE CORPORATION (CITIZENS)
OC DP3D 08 18 www.ci
ensfla.com
Page 1 of 2Windstorm or hurricane - A claim, supplemental claim, or
reopened claim for loss or damage caused by the peril of
windstorm or hurricane is barred unless notice of the claim,
supplemental claim, or reopened claim is given to us in
accordance with the terms of the policy within 3 years after the
hurricane first makes landfall or the windstorm caused the
covered damage.
Sinkhole Loss — This policy does not protect you against loss
due to sinkhole activity, unless Sinkhole Loss Coverage is
shown in your Declarations. A separate sinkhole deductible will
apply. Be sure to contact your agent to obtain this important
coverage.
Deductibles — Your policy includes a calendar year hurricane
deductible and an all other perils deductible, selected by you.
The deductible is the amount of loss you must incur before this
policy pays.
Flood - This policy does not protect you against loss due to
flood or wave wash. Flood insurance is available through the
Federal Government.
Windstorm - In some areas of the state, generally coastal
areas; windstorm and hail coverage, including hurricane
coverage, may not be provided in your policy. The exclusion
of windstorm coverage is indicated by form DP 04 37 on your
Declarations.
Be sure to contact your agent to obtain this important coverage
if it has been excluded from your policy.
Loss Settlement — Buildings at replacement cost. However, if
at the time of loss, the amount of insurance you have
purchased for the insured building is less than 80% of the value
of the building, we will not pay you replacement value. Instead
‘we will pay the greater of either actual cash value of that part
of the building damaged or a proportion of the cost to repair or
replace that part of the damaged building which the total
amount of insurance in your policy on the building bears to 80%
of the replacement cost of the building.
Vacant Property - If a loss occurs and the dwelling has been
vacant for 30 consecutive days prior to the date of loss, there
is no coverage for glass breakage, or vandalism or malicious
mischief, if covered by this policy. Other restrictions may apply.
PERSONAL LIABILITY COVERAGE
Coverage L - Personal Liability
Provides coverage for bodily injury or property damage you or
a person insured under your policy is legally obligated to pay.
Coverage M - Medical Payments To Others
Provides coverage for reasonable and necessary medical
expenses if a guest is injured on your premises or, under
certain circumstances, off the insured premises.
Some liabilities and medical expenses are not covered. For
example, there is no coverage for bodily injury or property
damage arising from animals, watercraft, radon, pollutants,
ingestion or inhalation of lead in any form or substance, and
under certain conditions, home day care operations.
NONRENEWAL AND CANCELLATION PROVISIONS
All cancellations are granted a pro-rata return of premium.
Your Right To Cancel - You may cancel the policy at any time,
for any reason, by giving us advance written notice of the future
cancellation effective date.
Our Right To Cancel - If the cancellation is due to nonpayment
of premium, we will give the first named insured at least 10
days advance written notice. For all other cancellations, the
following applies.
When the policy has been in effect for 90 days or less and there
has been a material misstatement, misrepresentation, or failure
to comply with underwriting requirements, we may cancel
immediately.
If your policy is cancelled for other than above, we may cancel
by giving the first named insured at least 20 days written notice
before the date cancellation takes effect.
If your policy has been in effect over 90 days, we may cancel
your policy for only a limited number of reasons. We will then
give the first named insured at least 120 days advance written
notice.
Nonrenewal - |f we do not intend to renew your policy, we will
mail written notice to the first named insured. We will do so at
least 120 days before the expiration date of the policy.
Except, if an offer of coverage from an authorized insurer is
received at renewal through Citizens’ policyholder eligibility
clearinghouse program, and the offer is equal to or less than
Citizens’ renewal premium for comparable coverage; or
nonrenewal is for a policy assumed by an authorized insurer
offering replacement or renewal coverage to you; we will
nonrenew your policy and mail the written notice at least 45 days
before the expiration date of the policy.
Renewal - The renewal premium payment must be received no
later than the renewal date or coverage will not be renewed.
Depopulation Provisions - Your policy may be taken out,
assumed, or removed from Citizens and may be replaced by a
policy that may not provide coverage identical to the coverage
provided by Citizens.
PREMIUM CREDITS
The following are brief descriptions of premium credits available
on your dwelling policy. Your policy Declarations page will show
which of these credits, if any, apply to your policy.
Protective Devices - If your home has a central station fire
alarm or automatic fire sprinkler system, you may be eligible for
premium credits.
Deductible Credits - Deductible options greater than the
calendar year hurricane deductible of 2% and other perils
deductible of $1,000 are available for a premium credit.
Deductibles less than the standard deductibles may be
available, which if selected, will result in a premium increase.
Florida Building Code - Housing features such as roof
covering, roof shape, roof deck attachments, secondary water
resistance, roof to wall connection and opening protection
(qualifying shutters or other protective devices) may qualify for
a premium credit. Contact your agent for more information.
Superior Construction - Certain homes of fire resistive or wind
resistive construction are eligible for a premium credit.
PREMIUM SURCHARGES
Tax Exempt Surcharge — Statutory surcharge to augment the
financial resources of Citizens.
Other Surcharges — Other surcharges may be levied in
accordance with statute or Department of Financial Services
tule. These surcharges will be disclosed on your Declarations
page when they become applicable.
OPTIONAL COVERAGES AVAILABLE
. Special Coverage
° Sinkhole Loss Coverage
° Personal Liability
CITIZENS PROPERTY INSURANCE CORPORATION (CITIZENS)
OC DP3D 08 18
www.
izensfla.com
Page 2 of 2DWELLING PROPERTY 3
CIT DP-3 08 18
DWELLING PROPERTY 3 — SPECIAL FORM
GENERAL
Agreement 1
Definitions 1
COVERAGES
A. Coverage A - Dwelling 2
B. Coverage B - Other Structures 2
C. Special Limit of Liability -
Coverages A, B, D&E 3
D. Coverage C - Personal Property 3
1. Covered Property 3
2. Property Not Covered 3
3. Property Removed To A Newly
Acquired Principal Residence 4
E. Coverage D - Fair Rental Value 4
F. Coverage E - Additional Living Expense 5
G. Reasonable Emergency Measures 5
H. Other Coverages
1. Debris Removal 6
2. Improvements, Alterations
And Additions 6
3. World Wide Coverage 6
4. Property Removed 6
5. Trees, Shrubs And Other Plants 7
6. Fire Department Service Charge 7
7. Collapse 7
8. Glass Or Safety Glazing Material 8
9. “Fungi”, Wet Or Dry Rot,
Yeast Or Bacteria 8
PERILS INSURED AGAINST
A. Coverages A & B
B. Coverage C 12
GENERAL EXCLUSIONS
A.1. Ordinance Or Law 14
A.2. Earth Movement And Settlement 14
A3. Water Damage 14
A4. Power Failure 14
A5. Neglect 14
A6. War 14
A7. Nuclear Hazard 14
A8. Intentional Loss 14
AQ. Loss Caused By “Sinkhole” 15
CIT DP-3 08 18
TABLE OF CONTENTS
A.10. “Fungi”, Wet Or Dry Rot, Yeast
Or Bacteria
A.11 Existing Damage
A.12. Smog, Rust, Decay Or
Other Corrosion
A.13. Inherent Vice, Latent Defect,
Defect Or Mechanical Breakdown
A.14. Constant Or Repeated Seepage
Or Leakage Of Water Or Steam
A.15. Accidental Discharge Or Overflow
Of Water Or Steam
B.1. Weather conditions
B.2. Acts or decisions
B.3. Faulty, inadequate or defective
CONDITIONS
Policy Period
Insurable Interest And Limit of Liability
Concealment Or Fraud
Duties After Loss
Loss Settlement
Loss To A Pair Or Set
Glass Replacement
Mediation Or Appraisal
Other Insurance And
Service Agreement
Subrogation
Suit Against Us
Our Option
Loss Payment
Abandonment Of Property
Mortgage Clause
No Benefit To Bailee
Cancellation
Nonrenewal
Liberalization Clause
Waiver Or Change Of
Policy Provisions
Assignment
Death
. Nuclear Hazard Clause
Recovered Property
Volcanic Eruption Period
Renewal Notification
. Adjustment To Property
Coverage Limits
BB. Salvage
CC. Inspections And Surveys
DD. Notification Regarding Access
EE. Deductible
TITONMIGOD>Y
ENKXE
Preview
Case Number: CACE-19-021344 Division: 08 Filing # 97286919 E-Filed 10/15/2019 11:46:44 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JESUS VILLEDA and JHANETH VILLEDA, CASE NO.: Plaintiffs, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / COMPLAINT Plaintiffs, JESUS VILLEDA and JHANETH VILLEDA (collectively referred to hereafter as the “Insured”), hereby sue Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (the “Insurance Company”), and allege as follows: PARTIES, JURISDICTION AND VENUE 1. This is an action for damages that exceeds Fifteen Thousand and 00/100 Dollars ($15,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a Declaratory Judgment Action. 2. The Insured are individuals who at all times material hereto have resided in Broward County, Florida. 3. The Insurance Company is a governmental entity qualified to do business in Florida and has, at all times material hereto, been conducting business in Broward County, Florida. 4. Venue is proper in Broward County, Florida because the contract, which forms the subject matter of this lawsuit, was executed in Broward County, Florida. (3342572/1] *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/15/2019 11:46:42 AM.****5. All conditions precedent to the filing of this lawsuit have occurred, have been waived or have been performed. GENERAL ALLEGATIONS 6. At all times material hereto, in consideration of a premium paid by the Insured, there was in full force and effect a certain homeowners insurance policy issued by the Insurance Company with a policy number of 02178693 (the “Policy”). A true and correct copy of policy is attached hereto as Exhibit “A”. 7. The damaged property is located at 12708 NW 15 Street, Sunrise , FL 33323 (the “Property”). 8. Pursuant to the terms of the Policy, the Insurance Company agreed to provide insurance coverage to the Insured’s Property for all risks unless specifically excluded by the terms of the Policy. 9. On or about May 27, 2019, while the Policy was in full force and effect, the Property sustained a covered loss as a result of sudden and accidental failure of plumbing system (the “Loss”). 10. The Insurance Company assigned claim number HEE 15 to the Loss. 11. The Insurance Company acknowledged that the Property sustained a covered Loss and offered payment. 12. However, after diligent inspection of the Loss, it was obvious that the Property sustained covered damages greater than the damages acknowledged by the Insurance Company. (3342572/1]13. As of the date of the filing of this lawsuit, the Insurance Company has failed to acknowledge that additional payment would be forthcoming and it has failed to adequately provide coverage under the terms of the Policy. As a result of the foregoing, the Insurance Company has breached the Policy. 14. The Insured have suffered and continues to suffer damages resulting from Insurance Company’s breach of the Policy. 15. | The Insured have been obligated to retain the undersigned attorneys for the prosecution of this action and are entitled to a reasonable attorney’s fee pursuant to Florida Statute Section 627.428. COUNTI BREACH OF CONTRACT 16. The Insured reincorporate paragraphs 1 through 15 as if fully set forth herein. 17. Itis undisputed that the Insured and the Insurance Company entered into a written contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company agreed to insure the Insured’s Property. 18. The Insured have paid all premiums due and owing as contemplated by the Policy; thus, fully performing their obligations under the Policy. 19. The Insured’s Property sustained damage which the Insurance Company agreed to provide coverage for under the terms of the Policy. 20. The Insurance Company has failed to: (i) provide coverage for the Loss under the terms of the Policy; and/or (ii) acknowledge that additional payment would be forthcoming; and/or (ii) make adequate payment of insurance proceeds to the Insured. As a result of the foregoing, the Insurance Company has breached the Policy. [3342572/1]21. As adirect and proximate result of the Insurance Company’s breach of the Policy, the Insured have sustained damages. WHEREFORE, the Insured respectfully request that this Court enters judgment against the Insurance Company for damages, plus interest, court costs and reasonable attommey’s fees pursuant to Section 627.428, Florida Statutes. JURY TRIAL DEMAND Plaintiffs hereby demands a trial by jury on all issues so triable. Dated this 15" day of October 2019. Respectfully Submitted, Marin, Eljaiek, Lopez & Martinez P.L. Counsel for the Insured 2601 South Bayshore Drive, 18" Floor Coconut Grove, Florida 33133 Telephone No. (305) 444-5969 Facsimile No. (305) 444-1939 Email: Eservice@mellawyers.com Secondary Email: Mellaw7@mellawyers.com By: Annette Del Aguila Anthony M. Lopez, Esq. Florida Bar No. 13685 Annette Del Aguila, Esq. Florida Bar No. 40546 (3342572/1]CITIZENS PROPERTY INSURANCE CORPORATION ,. 301 W BAY ST citi ZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION Dwelling Fire DP-3 Special Form Policy - Declarations POLICY NUMBER: 02178693 - 3 POLICY PERIOD: FROM = 10/16/2018 TO 10/16/2019 at 12:01 a.m. Eastern Time at the Location of the Residence Premises Transaction: RENEWAL Named Insured and Mailing Address: Location Of Residence Premises: Agent: Fl. Agent Lic. #: A223890 First Named Insured: 12708 NW 15TH ST ANDY'S ASSURANCE AGENCY JESUS VILLEDA SUNRISE FL 33323-3138 Loreta Rodriguez 13161 NW 11th Ct County:BROWARD 1441 W. FLAGLER ST. SUNRISE, FL 33323 MIAMI, FL 33135 Phone Number: 754-366-4610 Phone Number: 305-642-8407 Citizens Agency ID#: 2276 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: $4,560 (2%) Sinkhole Loss Deductible: $22,800 (10%) LIMIT OF LIABILITY ANNUAL PREMIUM PROPERTY COVERAGES $2,989 A. Dwelling: $228,000 B. Other Structures: $4,560 C. Personal Property: $0 D. Fair Rental Value*: $22,800 E. Additional Living Expense*: $22,800 * Coverage "D" and “E” combined, limited to 10% of Coverage “A” for the same loss (see policy). LIABILITY COVERAGES L. Personal Liability: $100,000 $33 M. Medical Payments: $2,000 INCLUDED OTHER PROPERTY AND LIABILITY COVERAGES Sinkhole Loss Coverage (See Policy) $17 SUBTOTAL: $3,039 Florida Hurricane Catastrophe Fund Build-Up Premium: $38 Premium Adjustment Due To Allowable Rate Change: ($691) MANDATORY ADDITIONAL CHARGES: Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2 Tax-Exempt Surcharge $42 TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $2,430 The portion of your premium for: Hurricane Coverage is $664 Non-Hurricane Coverage is $1,722 Authorized By: Loreta Rodriguez Processed Date: 08/26/2018 DEC DP3D 08 18 First Named Insured l Page 1 of 3] Exhibit "A"CITIZENS PROPERTY INSURANCE CORPORATION ,. 301 W BAY ST citi ZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION Dwelling Fire DP-3 Special Form Policy - Declarations Policy Number: 02178693 - 3 POLICY PERIOD: FROM 10/16/2018 TO 10/16/2019 First Named Insured: JESUS VILLEDA at 12:01 a.m. Eastern Time at the Location of the Residence Premises Forms and Endorsements applicable to this policy: CIT DL 24 01 02 16, CIT 25 94 02 16, CIT DL 24 16 02 16, CIT 25 07 08, CIT 04 61 07 08, CIT DP-3 08 18, CIT 05 85 08 18, CIT DL 24 11 02 16, CIT 05 86 08 18 Rating/Underwriting Information Year Built: 1990 || Protective Device - Burglar Alarm: No Town / Row House: No] Protective Device - Fire Alarm: No} Construction Type: Masonry |j Protective Device - Sprinkler: None BCEGS: Ungraded | No Prior Insurance Surcharge: No| Territory / Coastal Territory: 037 / OO} Terrain: Cc Wind / Hail Exclusion: No] Roof Cover: FBC Equivalent Muni | Code - Police: 909] Roof Cover - FBC Wind Speed: NIA Municipal Code - Fire: 909] Roof Cover - FBC Wind Design: N/A Occupancy: Tenant Occupied || Roof Deck Attachment: Level C Use: Rental Property | Roof-Wall Connection: Clips’ Number of Families: 1|| Secondary Water Resistance: No| Protection Class: 2|| Roof Shape: Gable’ Distance to Hydrant (ft.): 500} Opening Protection: None Distance to Fire Station (mi.): 1 A premium adjustment of ($812) 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 10% credit. Your property coverage limits have been adjusted for inflation. Your policy premium has increased by $324. Of this amount: The premium difference due to an approved rate change is $211 The premium difference due to changes in your coverage is $94 The premium difference due to mandatory additional charges plus FHCF Build-up is $19 ADDITIONAL NAMED INSURED(S) Name Address JHANETH VILLEDA 12161 NW 11th Ct SUNRISE, FL 33323 ADDITIONAL INTEREST(S) #~ Interest Type Name and Address Loan Number WELLS FARGO BANK NA 936 ISAOA 1 1st Mortgagee PO BOX 100515 FLORENCE, SC 29502-0515 0495296253 DEC DP3D 08 18 First Named Insured Page 2 of 3CITIZENS PROPERTY INSURANCE CORPORATION C/.. 301 W BAY ST cm ZENS JACKSONVILLE FL 32202 ROPERT INSURANCE CORPORATION Dwelling Fire DP-3 Special Form Policy - Declarations Policy Number: 02178693 - 3 POLICY PERIOD: FROM 10/16/2018 TO 10/16/2019 First Named Insured: JESUS VILLEDA at 12:01 a.m, Eastern Time at the Location of the Residence Premises THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. NEITHER "FLOOD" NOR "ORDINANCE OR LAW" COVERAGE IS PROVIDED IN THIS POLICY. 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 DP3D 08 18 First Named Insured Page 3 of 3Cr. “ CITIZENS NOTICE OF PRIVACY POLICY WHAT DOES CITIZENS PROPERTY INSURANCE CORPORATION DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: - Social Security number - Information you provide on your application for insurance coverage, such as your name, address, telephone number, date of birth, and occupation - Information gathered from you as our insured, your payment history, type of coverage you have, underwriting information and claims information - Credit card or bank account information - Mortgage information - Information from your visits to www.citizensfla.com All financial companies need to share customers’ personal information to run their everyday business. Citizens uses your personal information only as authorized or required by law and as necessary to provide our products and services to you. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Citizens chooses to share; and whether you can limit this sharing. Fe Tol Ree EU O U1 SL te Aree For our everyday business purposes — We share with Yes No nonaffiliates to assist us to process your transactions, underwrite and/or rate your policy, service your policy, administer claims, respond to court orders and legal investigations, and, as permitted by federal and state law. For our marketing purposes — to offer our products and | No We don't share services to you For joint marketing with other financial companies No We don't share For our affiliates’ everyday business purposes — No We don't share information about your transactions and experiences For our affiliates’ everyday business purposes — No We don't share information about your creditworthiness For nonaffiliates to market to you No We don't share faltcyiteatcwam Call 866.411.2742; Deaf/Hard of Hearing: 800.955.8771 (TTY) or 800.955.8770 (Voice); or go to www.citizensfla.com PNMPR-7 08 18Page 2 What we do How does Citizens protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. Our employees and vendors are authorized to access information only for valid business reasons. They must agree in writing to maintain the confidentiality of nonpublic personal information. We do not share medical information unless authorized by you or as required by law. How does Citizens collect my personal information? We collect your personal information, for example, when: - you apply for insurance - we process your application - you pay insurance premiums - you give us your contact information - you give information to your agent or property inspector - you file an insurance claim (or if a claim is made against you) - you show us your government-issued ID or driver's license - you visit Citizens’ website if you voluntarily provide the information We also collect information from other companies, such as your loss history. Why can't | limit all sharing? Federal law gives you the right to limit only: - sharing for affiliates’ everyday business purposes—information about your creditworthiness - affiliates from using your information to market to you - sharing for nonaffiliates to market to you State law and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. - Citizens has no affiliates Nonaffiliates Companies not related by common ownership or control. They can be financial or nonfinancial company. Nonaffiliates we share with can include: - Independent insurance agents and agencies - Independent adjusters or claims representatives - _ Inspection companies - Auditors - _ Insurance support organizations - Attorneys, courts, and government agencies Joint marketing statutory exemption. Other important information State law — The Florida public records law requires that all information received by a state entity be made available to anyone upon request, including e-mail addresses, unless the information is subject to a specific A formal agreement between nonaffiliated financial companies that together market financial products or services to you. - Citizens does not jointly market PNMPR-7 08 18inzens PROPERTY I'SURRNCE CORPORATION Acknowledgement of Potential Surcharge and Assessment Liability We are required by law to send you this notice to inform you about the potential for surcharges and assessments to be applied to your policy. 1. AS APOLICYHOLDER OF CITIZENS PROPERTY INSURANCE CORPORATION, | UNDERSTAND THAT IF THE CORPORATION SUSTAINS A DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON, MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE. 2. |UNDERSTAND THAT | CAN AVOID THE CITIZENS POLICYHOLDER SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO BE ELIGIBLE FOR COVERAGE BY CITIZENS, | MUST FIRST TRY TO OBTAIN PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE WITH CITIZENS. | UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES ARE REGULATED AND APPROVED BY THE STATE. 3. |UNDERSTAND THAT | MAY BE SUBJECT TO EMERGENCY ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE. 4. |ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE STATE OF FLORIDA. More information regarding assessments and surcharges is available under the Policyholder section of our website, www.citizensfla.com. Citizens Property Insurance Corporation POLICYHOLDER ASSESSMENT EXAMPLE To illustrate the potential assessment obligation of a Citizens policyholder compared to a policyholder insured by a private insurer, we have prepared an example based on an annual premium of $2,000. Your actual assessment amount will vary based on your annual premium. The assessment will be in addition to the premium you pay for insurance coverage. a a ABC Insurance Citizens Policy Policy If your annual premium is: $2,000 $2,000 Tier 1: Potential Citizens Policyholder Surcharge (one- time assessment $900 NIA up to 45% of premium) Tier 2: Potential Regular Assessment (one -time assessment up to 2% of premium) ' N/A $40 Tier 3: Potential Emergency Assessment (up to 30% of premium annually, may apply for multiple years) ? $600 a Potential Annual Assessment: $1,500 $640 Tiers are used to demonstrate the multiple levels of assessment defined by Florida Law. Assessment tiers are triggered based on the severity of the deficit. Assessments are based on the greater of the projected deficit or the aggregate statewide written premium for the subject lines of business. The above example is based on the use of premium. Notes: 1 - Tier 2 additional assessments may be incurred for other property/casualty policies that are subject to assessment. 2- Tier 3 assessment may be collected each year over multiple years, depending on the extent of the deficit. In the event that subsequent years also generate a deficit, additional assessments could occur. ACK-1 11 13< CITIZENS PROPERTY INSURANCE CORPORATION POLICYHOLDER NOTICE IMPORTANT INFORMATION Dear Policyholder, This offer of renewal contains a separate deductible for hurricane losses and a separate deductible for all other peril (AOP) losses. The hurricane deductible and AOP deductible you previously selected are shown in the enclosed Declaration page(s) of this renewal offer. Citizens offers you the choice of several hurricane deductible options. If your policy dwelling limit is $100,000 or more (or personal property limit, if applicable), you may choose a hurricane deductible of 2, 5 or 10 percent of your limit. In addition to these deductibles, you may also choose a hurricane deductible of $500 if your policy dwelling limit is less than $100,000 (or personal property limit, if applicable). The all other perils (AOP) deductible options you may choose are $500, $1,000 or $2,500, but may not exceed the hurricane deductible you select. All of these deductible options may not be available due to the policy dwelling limit (or personal property limit, if applicable). You may select different deductibles now or at any future renewal. If you have suffered hurricane losses in the current calendar year, a request to reduce your hurricane deductible will not be effective until January 1 of the following year. A mandatory sinkhole deductible may apply in some policies and will be shown in your Declarations, if applicable. If you have questions about these deductibles or want to change your deductibles, contact your Citizens agent for assistance. The request to change your deductibles must be received by Citizens prior to the renewal date of your policy. This notice does not provide coverage nor does this notice replace any provisions of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided with. If there is any conflict between the policy and this notice, the provisions of the policy shall prevail. PNMPR-8 06 12Checklist of Coverage Policy Type: Dwelling (Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's) The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’ Helpline at (800) 342-2762 or www.fidfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limit of Insurance: _ $228,000 Loss Settlement Basis: Replacement Cost (i.e.: Replacement Cost, Actual Cash Value, Stated Value, etq) Other Structures Coverage (Detached from Dwelling) Limit of Insurance: _ $4,560 Loss Settlement Basis: Replacement Cost (i.e.: Replacement Cost, Actual Cash Value, Stated Value, etq Personal Property Coverage Limit of Insurance: _ $0 Loss Settlement Basis: (ie.: Replacement Cost, Actual Cash Value, Stated Value, etd) Deductibles Annual Hurricane: $4,560 (2%) All Perils (Other Than Hurricane): $2,500 Sinkhole: $22,800 (10%) OIR-B1-1670 (1-1-06) 1of3Checklist of Coverage (continued) The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against: (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Fire or Lightning Hurricane Flood (Including storm surge) Windstorm or Hail (other than hurricane) Explosion Riot or Civil Commotion Aircraft Vehicles [Smoke Vandalism or Malicious Mischief Theft Falling Objects. Weight of Ice, Snow or Sleet Accidental Discharge or Overflow of Water or Steam ‘Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging Freezing ‘Sudden and Accidental Damage from Artificially Generated Electrical Current Volcanic Eruption Sinkhole <|~<|<|«| <|<|<«]|<}<] z] <| <|«]<«|<|<|<|z|<|<« Any Other Peril Not Specifically Excluded (dwelling and other structures only) Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. Loss of Use Coverage Coverage [__timit of Insurance] Time Limit (items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Y |Additional Living Expense 24 Consecutive Months Y |Fair Rental Value See Policy 24 Consecutive Months Y |Civil Authority Prohibits Use 2 weeks: Property - Additional/Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit. included) Included Additional Y |Debris Removal See Policy Y y |Reasonable Repairs See Policy Y Y [Property Removed See Policy Y N (Credit Card, Electronic Fund Transfer Card, or Access Device, Forgery and Counterfeit Money N |Loss Assessment Y [Collapse See Policy Y Y |Glass or Safety Glazing Material See Policy Y N |Landlord's Furnishings N |Law and Ordinance N |Grave Markers Y [Mold / Fungi $10,000 Y Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. OIR-B1-1670 (1-1-06) 2of3Checklist of Coverage (continued) Discounts (Items below marked Y (Yes) indicate discount IS applied, those marked N Dollar ($) Amount of Discount (No) indicate discount is NOT applied) N [Multiple Policy N |Fire Alarm / Smoke Alarm / Burglar Alarm N {Sprinkler Y [Windstorm Loss Reduction ($812) N N Building Code Effectiveness Grading Schedule Other Insurer May Insert Any Other Property Coverage Below at Limit of Insurance Loss Settlement Basis: (Items below marked Y (Yes) indicate coverage IS (i.e.: Replacement Cost, Actual Cash Value, Stated included, those marked N (No) indicate coverage is NOT Value, etc.) included) Personal Liability Coverage Limit of Insurance: $100,000 Medical Payments to Others Coverage Limit of Insurance: _ $2,000 Liability - Additional/Other Coverages (items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of See anal ae Sa included, those marked N (No) indicate coverage is NOT Sede dsr eked weit included) Included Additional Y {Claim Expenses See Policy Y y |First Aid Expenses See Policy Y Y |Damage to Property of Others $500 Y N |Loss Assessment Insurer Insert Any Other Liability Cover: Below (tems below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance INOT included, Y | Mold Section II $50,000 OIR-B1-1670 (1-1-06) 3 of 3Notice of Premium Discounts for Hurricane Loss Mitigation *** Important Information *** About Your Personal Residential Insurance Policy Dear Homeowner, Hurricanes have caused tens of billions of dollars in insured damages and predictions of more catastrophic hurricanes making landfall in Florida have triggered increases in insurance premiums to cover potential future losses. Enclosed is information regarding wind loss mitigation that will make your home more resistant to wind and help protect your family during a catastrophic event. In addition to reducing your hurricane wind premium by installing mitigation features, you may also reduce the likelihood of out of pocket expenses, such as your hurricane deductible, you may otherwise incur after a catastrophic event. What factors are considered in establishing my premium? Your location: The closer a home is to the coast, the more vulnerable it is to damage caused by hurricane winds. This makes the hurricane-wind premium higher than for similar homes in other areas of the state. Your policy: Your insurance policy is divided into two premiums: one for damage caused by hurricane force winds (hurricane-wind) and one for all other damage (all perils), such as fire. Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10% deductible, depending on the actual value of your home. The larger your deductible, the lower your hurricane-wind premium. However, if you select a higher deductible your out- of-pocket expenses in the event of a hurricane claim will be higher. Improvements to your home: The state requires insurance companies to offer discounts for protecting your home against damage caused by hurricane winds. Securing your roof so it doesn’t blow off and protecting your windows from flying debris are the two most cost effective measures you can take to safeguard your home and reduce your hurricane —wind premium. These discounts apply only to the hurricane-wind portion of your policy. The costs of the improvement projects vary. Homeowners should contact a licensed contractor for an estimate. You can find a Certified Contractor in your area by visiting the Florida Department of Business and Professional Regulation online at www.myfloridalicense.com. Your maximum discount: Discounts are not calculated cumulatively. The total discount is not the sum of the individual discounts. Instead, when one discount is applied, other discounts are reduced until you reach your maximum discount of 92%. OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155 1How can I take advantage of the discounts? Homeowners will need a qualified inspector such as a general, building, or residential contractor licensed under Section 489.111, Florida Statutes, or a professional engineer licensed under Section 471.015, Florida Statutes, who has passed the appropriate equivalency test of the Building Code training program as required by Section 553.841, Florida Statutes, or a professional architect licensed under Section 481.213, Florida Statutes, or a building code inspector certified under Section 468.607, to inspect the home to identify potential mitigation measures and verify improvements. For a listing of individuals and/or inspection companies meeting these qualifications contact your insurance agent or insurance company. The following is an example of how much you can reduce your insurance premium if you have mitigating features on your home. The example is based on your hurricane-wind premium* of $736.00 which is part of your total annual premium of $2,430.00. Remember, the discounts shown only apply to the hurricane-wind portion of the premium and the discounts for the construction techniques and features listed below are not cumulative. * Wind mitigation credits apply to that portion of your premium that covers the peril of wind, whether or not a hurricane exists. Homes built prior to the 2001 building code : 7 A Estimated* Annual Description of Feature eSate eemum | Premium ($) is Reduced by: Roof Covering (i.¢., shingles or tiles) e Meets the Florida Building Code. Feature is being Applied e Reinforced Concrete Roof Deck. (If this feature is installed on your home you 15% most likely will not qualify for any other $354 discount.) How Your Roof is Attached e Using a 2" nail spaced at 6" from the edge of | better discount is the plywood and 12" in the field of the already applied in this plywood. Category e Using a 2 1/2" nail spaced at 6" from the edge of the plywood and 12" in the field of the 0% $0 plywood. e Using a 2 1/2" nail spaced at 6" from the edge of the plywood and 6" in the field of the Feature is being plywood. Applied OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155Roof-to-Wall Connection e Using “Toe Nails” — defined as three nails A better discount is driven at an angle through the rafter and into | already applied in this the top roof. Category e Using Clips — defined as pieces of metal that are nailed into the side of the rafter/truss and into the side of the top plate or wall stud. e Using Single Wraps — a single strap that is attached to the side and/or bottom of the top |6% $145 plate and are nailed to the rafter/truss. e Using Double Wraps — straps are attached to the side and/or bottom of the top plate and |9% $228 are nailed to the rafter/truss. Feature is being Applied Roof Shape e Hip Roof — defined as your roof sloping down to meet all your outside walls (like a pyramid). 9% $208 © Other. Feature is being Applied Secondary Water Resistance (SWR) © SWR - defined as a layer of protection between the shingles and the plywood 1% $21 underneath that protects the building if the shingles blow off. e NoSWR. Feature is being Applied Shutters e None. Feature is being Applied e Intermediate Type - shutters that are strong enough to meet half the old Miami-Dade 12% $281 building code standards. e Hurricane Protection Type - shutters that are strong enough to meet the current Miami- 15% $354 Dade building code standards. * Estimate is based on information currently on file and the actual amount may vary. OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155Homes built under the 2001 building code or later Description of Feature Estimated* Premium Discount Percent Estimated* Annual Premium ($) is Reduced by: Homes built under the 2001 Florida Building Code or later edition (also including the 1994 South Florida Building Code for homes in Miami-Dade and Broward Counties) are eligible for a minimum 68% discount on the hurricane- wind portion of your premium. You may be eligible for greater discount if other mitigation features are installed on your home. Shutters None. Intermediate Type — shutters that are strong enough to meet half the old Miami-Dade building code standards. Hurricane Protection Type — shutters that are strong enough to meet the current Miami-Dade building code standards. N/A N/A N/A This section only applies to homes built after 2001 N/A N/A Roof Shape Hip Roof — defined as your roof sloping down to meet all your outside walls (like a pyramid). Other. N/A N/A N/A N/A * Estimate is based on information currently on file and the actual amount may vary. Alternately and regardless of the year of construction, if you meet the minimum fixture and construction requirements of the 2001 Florida Building Code you have the option to reduce your hurricane-wind deductible from N/A to N/A. If you have further questions about the construction techniques and features or other construction techniques and features that could result in a discount, please contact your insurance agent or the insurance company at 305-642-8407. OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155<< CITIZENS OUTLINE OF YOUR The following outline is for informational purposes only. Florida law prohibits this outline from changing any of the provisions of the insurance contract which is the subject of this outline. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Please read your Dwelling policy carefully for complete descriptions and details. Your Agent will assist you with any questions about this policy. PROPERTY COVERAGES At your option, you may choose to remove Windstorm Coverage. You may also choose to increase, reduce or remove Coverage B and Coverage C. Coverage A - Dwelling Protects against covered loss to your dwelling and structures attached to your dwelling. Coverage B - Other Structures Protects against covered loss to structures on your residence premises not physically attached to the dwelling. Coverage C - Personal Property Protects against covered loss to personal property such as clothing and furniture. Special limits apply to some types of personal property. Coverages D - Fair Rental Value and E — Additional Living Expense If you rent the described location to others, Coverage D provides for the loss of rent you incur, less any expenses that do not continue, while the building is unfit to live in because of a covered loss. If you reside in the described location, Coverage E provides additional living expenses you incur while you are temporarily unable to live at the described location because of a covered loss. Reasonable Emergency Measures Provides up to $3,000 limited coverage for the reasonable costs incurred by you for necessary measures taken solely to protect covered property from further damage when covered loss is caused by accidental discharge of water or steam as described and covered in the policy. For covered loss from other perils insured against, other limits may apply. Other Coverages These coverages include limitations and may not completely protect you against loss. Debris Removal * Property Removed ° Trees, Shrubs And Other Plants * Fire Department Service Charge * * Improvements, Alterations and Additions (If you are a tenant of the described location) There are Other Coverages. Please see your policy. Please review your policy for a complete list of items that have special limits and for property that is not covered by this policy. Pre-event evacuation expenses are not covered under this policy. Collapse Glass Or Safety Glazing Material Fungi, Wet or Dry Rot, Yeast or Bacteria DWELLING 3 POLICY PERILS INSURED AGAINST Coverage A - Dwelling and Coverage B - Other Structures This policy insures against risk of direct loss to covered property under Coverages A and B, unless not covered or excluded from coverage as described elsewhere in the policy. Coverage C - Personal Property Insures against sudden and accidental direct physical losses except as limited or excluded by your policy, caused by: * Fire or lightning * Windstorm or hail * Explosion * Riot or civil commotion * Aircraft * Vehicles * Smoke * Vandalism or malicious mischief * Falling Objects * Volcanic Eruption * Damage by Burglars * Weight of ice, snow or sleet * Catastrophic Ground * Accidental discharge or overflow Cover Collapse of water * Sudden & accidental tearing apart or bulging * Freezing of plumbing or household appliances * Sudden and accidental damage from artificially generated electricity) There are some perils not covered under Coverages A, B or C. Additionally, there are limitations to the perils insured against. Coverage for other perils may be available for an additional premium. PROPERTY EXCLUSIONS * Ordinance or Law * War or Nuclear Hazard * Earth Movement * Neglect And Settlement, * Flood and Other * Power Failure Off Water Damage The Described Location Intentional Loss * Sinkhole Loss * Repeated Seepage or Leakage of water or steam There are other exclusions. Please refer to your policy for complete details regarding exclusions. OTHER LIMITATIONS Notice of Claim to Us In case of a loss to covered property, reasonable emergency measures solely to protect the property from further damage may be taken in accordance with the Policy provisions. Prompt notice of the loss must be given to us or your insurance agent. 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. Please carefully read your entire Policy. To report a loss or claim, call Citizens Property Insurance Corporation at 866.411.2742 Your Policy contains limits on certain covered losses, which may include a limit of $10,000 for covered losses caused by accidental discharge or seepage of water. Payment for reasonable emergency measures will reduce the $10,000 limit. Please read your policy carefully for specific information. CITIZENS PROPERTY INSURANCE CORPORATION (CITIZENS) OC DP3D 08 18 www.ci ensfla.com Page 1 of 2Windstorm or hurricane - A claim, supplemental claim, or reopened claim for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim is given to us in accordance with the terms of the policy within 3 years after the hurricane first makes landfall or the windstorm caused the covered damage. Sinkhole Loss — This policy does not protect you against loss due to sinkhole activity, unless Sinkhole Loss Coverage is shown in your Declarations. A separate sinkhole deductible will apply. Be sure to contact your agent to obtain this important coverage. Deductibles — Your policy includes a calendar year hurricane deductible and an all other perils deductible, selected by you. The deductible is the amount of loss you must incur before this policy pays. Flood - This policy does not protect you against loss due to flood or wave wash. Flood insurance is available through the Federal Government. Windstorm - In some areas of the state, generally coastal areas; windstorm and hail coverage, including hurricane coverage, may not be provided in your policy. The exclusion of windstorm coverage is indicated by form DP 04 37 on your Declarations. Be sure to contact your agent to obtain this important coverage if it has been excluded from your policy. Loss Settlement — Buildings at replacement cost. However, if at the time of loss, the amount of insurance you have purchased for the insured building is less than 80% of the value of the building, we will not pay you replacement value. Instead ‘we will pay the greater of either actual cash value of that part of the building damaged or a proportion of the cost to repair or replace that part of the damaged building which the total amount of insurance in your policy on the building bears to 80% of the replacement cost of the building. Vacant Property - If a loss occurs and the dwelling has been vacant for 30 consecutive days prior to the date of loss, there is no coverage for glass breakage, or vandalism or malicious mischief, if covered by this policy. Other restrictions may apply. PERSONAL LIABILITY COVERAGE Coverage L - Personal Liability Provides coverage for bodily injury or property damage you or a person insured under your policy is legally obligated to pay. Coverage M - Medical Payments To Others Provides coverage for reasonable and necessary medical expenses if a guest is injured on your premises or, under certain circumstances, off the insured premises. Some liabilities and medical expenses are not covered. For example, there is no coverage for bodily injury or property damage arising from animals, watercraft, radon, pollutants, ingestion or inhalation of lead in any form or substance, and under certain conditions, home day care operations. NONRENEWAL AND CANCELLATION PROVISIONS All cancellations are granted a pro-rata return of premium. Your Right To Cancel - You may cancel the policy at any time, for any reason, by giving us advance written notice of the future cancellation effective date. Our Right To Cancel - If the cancellation is due to nonpayment of premium, we will give the first named insured at least 10 days advance written notice. For all other cancellations, the following applies. When the policy has been in effect for 90 days or less and there has been a material misstatement, misrepresentation, or failure to comply with underwriting requirements, we may cancel immediately. If your policy is cancelled for other than above, we may cancel by giving the first named insured at least 20 days written notice before the date cancellation takes effect. If your policy has been in effect over 90 days, we may cancel your policy for only a limited number of reasons. We will then give the first named insured at least 120 days advance written notice. Nonrenewal - |f we do not intend to renew your policy, we will mail written notice to the first named insured. We will do so at least 120 days before the expiration date of the policy. Except, if an offer of coverage from an authorized insurer is received at renewal through Citizens’ policyholder eligibility clearinghouse program, and the offer is equal to or less than Citizens’ renewal premium for comparable coverage; or nonrenewal is for a policy assumed by an authorized insurer offering replacement or renewal coverage to you; we will nonrenew your policy and mail the written notice at least 45 days before the expiration date of the policy. Renewal - The renewal premium payment must be received no later than the renewal date or coverage will not be renewed. Depopulation Provisions - Your policy may be taken out, assumed, or removed from Citizens and may be replaced by a policy that may not provide coverage identical to the coverage provided by Citizens. PREMIUM CREDITS The following are brief descriptions of premium credits available on your dwelling policy. Your policy Declarations page will show which of these credits, if any, apply to your policy. Protective Devices - If your home has a central station fire alarm or automatic fire sprinkler system, you may be eligible for premium credits. Deductible Credits - Deductible options greater than the calendar year hurricane deductible of 2% and other perils deductible of $1,000 are available for a premium credit. Deductibles less than the standard deductibles may be available, which if selected, will result in a premium increase. Florida Building Code - Housing features such as roof covering, roof shape, roof deck attachments, secondary water resistance, roof to wall connection and opening protection (qualifying shutters or other protective devices) may qualify for a premium credit. Contact your agent for more information. Superior Construction - Certain homes of fire resistive or wind resistive construction are eligible for a premium credit. PREMIUM SURCHARGES Tax Exempt Surcharge — Statutory surcharge to augment the financial resources of Citizens. Other Surcharges — Other surcharges may be levied in accordance with statute or Department of Financial Services tule. These surcharges will be disclosed on your Declarations page when they become applicable. OPTIONAL COVERAGES AVAILABLE . Special Coverage ° Sinkhole Loss Coverage ° Personal Liability CITIZENS PROPERTY INSURANCE CORPORATION (CITIZENS) OC DP3D 08 18 www. izensfla.com Page 2 of 2DWELLING PROPERTY 3 CIT DP-3 08 18 DWELLING PROPERTY 3 — SPECIAL FORM GENERAL Agreement 1 Definitions 1 COVERAGES A. Coverage A - Dwelling 2 B. Coverage B - Other Structures 2 C. Special Limit of Liability - Coverages A, B, D&E 3 D. Coverage C - Personal Property 3 1. Covered Property 3 2. Property Not Covered 3 3. Property Removed To A Newly Acquired Principal Residence 4 E. Coverage D - Fair Rental Value 4 F. Coverage E - Additional Living Expense 5 G. Reasonable Emergency Measures 5 H. Other Coverages 1. Debris Removal 6 2. Improvements, Alterations And Additions 6 3. World Wide Coverage 6 4. Property Removed 6 5. Trees, Shrubs And Other Plants 7 6. Fire Department Service Charge 7 7. Collapse 7 8. Glass Or Safety Glazing Material 8 9. “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 8 PERILS INSURED AGAINST A. Coverages A & B B. Coverage C 12 GENERAL EXCLUSIONS A.1. Ordinance Or Law 14 A.2. Earth Movement And Settlement 14 A3. Water Damage 14 A4. Power Failure 14 A5. Neglect 14 A6. War 14 A7. Nuclear Hazard 14 A8. Intentional Loss 14 AQ. Loss Caused By “Sinkhole” 15 CIT DP-3 08 18 TABLE OF CONTENTS A.10. “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria A.11 Existing Damage A.12. Smog, Rust, Decay Or Other Corrosion A.13. Inherent Vice, Latent Defect, Defect Or Mechanical Breakdown A.14. Constant Or Repeated Seepage Or Leakage Of Water Or Steam A.15. Accidental Discharge Or Overflow Of Water Or Steam B.1. Weather conditions B.2. Acts or decisions B.3. Faulty, inadequate or defective CONDITIONS Policy Period Insurable Interest And Limit of Liability Concealment Or Fraud Duties After Loss Loss Settlement Loss To A Pair Or Set Glass Replacement Mediation Or Appraisal Other Insurance And Service Agreement Subrogation Suit Against Us Our Option Loss Payment Abandonment Of Property Mortgage Clause No Benefit To Bailee Cancellation Nonrenewal Liberalization Clause Waiver Or Change Of Policy Provisions Assignment Death . Nuclear Hazard Clause Recovered Property Volcanic Eruption Period Renewal Notification . Adjustment To Property Coverage Limits BB. Salvage CC. Inspections And Surveys DD. Notification Regarding Access EE. Deductible TITONMIGOD>Y ENKXE