Preview
Case Number: CACE-18-001865 Division: 14
Filing # 66997981 E-Filed 01/24/2018 05:26:45 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
MICHELLE CASTILLO and PHIL
HARRIS IV, CAsE No.:
Plaintiffs,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
COMPLAINT
The Plaintiffs, MICHELLE CASTILLO and PHIL HARRIS IV (“Plaintiffs”), by and through
undersigned counsel, hereby sue the defendant, CITIZENS PROPERTY INSURANCE
CORPORATION (“Defendant”), and in so doing, allege the following:
1. This is an action for declaratory relief pursuant to Fla. Stat. § 86.011 and the Court’s
general equity powers, and for damages in excess of Fifteen Thousand ($15,000.00) Dollars, exclusive
of interest, costs, and attorneys’ fees.
2. Venue is proper as all acts material hereto took place in Broward County, Florida.
3. The Plaintiffs are homeowners in the State of Florida, who are over the age of eighteen
(18) and are otherwise sui juris.
4, At all times material to this action, the Defendant was and is a Florida insurance
company, licensed to do and doing business in Broward County, Florida.
FACTS MATERIAL TO ALL COUNTS
5. The Defendant issued homeowners’ insurance policy number 01732707-2 to the
Plaintiffs (the “Policy”), which is a contract between the parties. The Policy provides insurance
coverage for real property owned by the Plaintiffs, which is located at 1451 NW 60 Avenue, Suntise,
FL 33313 (the “Propetty”). The Plaintiffs are not in the possession of a true and correct copy of the
KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016
Phone: (954) 556-6753 Fax: (954) 272-7730
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/24/2018 5:26:43 PM.****Policy, which is in the Defendant’s possession, custody and control and can be obtained through
discovery in this action.
6. The Policy provides insurance coverage for damage to the Property caused by, inéer
alia, sadden and accidental discharge of water from within a plumbing vessel, and also provides
coverage for replacement of personal property destroyed and/or damaged by a covered loss, and
alternative living arrangement expense reimbursement to the extent the Property
becomes uninhabitable in any way.
7. At all times material hereto, the Policy was in full force and effect.
8. On or about 19-Aug-17, the Plaintiffs suffered covered losses caused at least in part
by sudden and accidental discharge of water from within a plumbing vessel (the “Covered Losses”).
9. After suffering the Covered Losses to the Property, the Plaintiffs made a claim against
the Policy, which was assigned claim number EEE by the Defendant (the “Claim”).
10. The Plaintiffs have complied with and performed all conditions precedent to recovery
under the Policy and to the bringing of the instant action, and is otherwise in compliance with all
duties imposed upon them under the subject insurance Policy for payment of the claim, and/or such
duties, obligations and conditions have been waived or excused by Defendant’s actions and/or
inactions, prior to bringing this action.
11. Due to the Defendant’s conduct, Plaintiffs have become obligated to retain
undersigned counsel to bring this action and, pursuant to Fla. Stat. § 627.428 and others, are entitled
to a reasonable attorney’s fee and reimbursement of costs in this matter to be paid by Defendant.
Count I - BREACH OF CONTRACT
12. The Plaintiffs hereby re-allege and re-aver the allegations contained in numbered
paragraphs one (1) through eleven (11) above as if fully set forth herein.
Page 2 of 8
KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016
Phone: (954) 556-6753 Fax: (954) 272-773013. Plaintiffs had a contract of insurance with the Defendant specifically designed to
provide insurance coverage to Plaintiffs in the event Plaintiffs suffered, inter alia, a loss to their
property such as occurred in the instant case.
14. The Plaintiffs received correspondence from the Defendant advising that:
a. the Claim would be denied due to a purported exclusion in the Policy;
b. only a small partial payment in regard to the Covered Losses would be paid; and/or
c. the Defendant is not going to honor the Claim.
15. The Defendant has a contractual and statutory duty to properly investigate, adjust,
settle and pay Plaintiff for a covered insurance claim. The Defendant also had a duty to adjust all losses
with Plaintiffs, pursuant to specific language of the Policy.
16. Plaintiffs suffered a covered loss to the Property.
17. The Defendant refused pay for all of Plaintiffs’ property loss and damages that are
covered under the subject insurance Policy.
18. There exists unpaid loss and damage to the Property as a result of the damage claim
for the Covered Loss, but despite the clear obligation to pay Plaintiffs for these losses, the Defendant
has not paid Plaintiffs the full damages and has disputed coverage for Plaintiffs’ full amount of loss
and damages.
19. The Defendant’s actions and inactions have breached its contractual obligations to
Plaintiffs, in multiple ways, including, but not limited to, the Defendant’s failure to: properly
investigate and adjust Plaintiffs’ covered loss and damage; properly acknowledge coverage for all of
Plaintiffs’ covered loss; and properly and fully pay the amount due to the Plaintiffs in accordance with
the express terms of the subject Policy and Florida law.
20. The Policy specifically provides that the Defendant will adjust all losses with Plaintiffs,
which was never complied with, breaching Defendant’s contract with Plaintifts.
Page 3 of 8
KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016
Phone: (954) 556-6753 Fax: (954) 272-773021, As a direct and proximate result of the Defendant’s multiple and continuing breaches
of its insurance contract and/or failure to comply with its contractual obligations, Plaintiffs have been,
and continues to be, damaged monetarily in regard to the covered loss/damage to the Property.
22. Furthermore, the Defendant's multiple breaches of the Policy have further
exacerbated Plaintiffs damages and caused further consequential damages to Plaintiffs, based on
Plaintiffs’ inability to timely and properly repair the insured premises, thus requiring the Plaintiffs to
live with a damaged home and/or not be able to use portions of the home.
WHEREFORE, Plaintiffs demand an entry of judgment in their favor and against the
Defendant for all of their damages as pled herein, including all consequential damages, attorney’s fees,
prejudgment interest, costs, and for such other and further relief as this Court deems just, proper and
equitable.
Count II - DECLARATORY ACTION
23. Plaintiffs hereby re-allege and re-aver the allegations contained in numbered
paragraphs one (1) through eleven (11) above as if fully set forth herein.
24, This is an action for declaratory relief pursuant to Florida Statutes Chapter 86 and the
Court's general equity powers to declare the Plaintiffs’ rights and obligations under a contract of
insurance.
25. The interpretation of the Policy, as interpreted by the Defendant in regard to the issues
herein, is wrong and/or creates at least an ambiguity in regard to Policy interpretation and, as such,
Plaintiffs are entitled to an interpretation in their favor and in favor of coverage. Accordingly, these
actions by Defendant have made Plaintiffs unsure of their rights, obligations, and duties in regard to
the subject Policy, and they wish to be in full compliance with the Policy and Florida law.
Page 4 of 8
KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016
Phone: (954) 556-6753 Fax: (954) 272-773026. The actions taken by the Defendant, based on the Defendant’s unilateral interpretation
of the express and implied terms of the subject insurance Policy, conflict with Plaintiffs interpretation
of the express and implied terms of the subject insurance Policy.
27. Due to the Defendant’s actions and inactions, Plaintiffs are unsure of their rights,
obligations, and status in regard to the Policy in its entirety, including the covered causes of loss within
the Policy, and the Plaintiffs seek a declaration of their rights, obligations, and status, in accordance
with the Policy and Florida law.
28. The Defendant’s incorrect interpretation of the Policy and Florida law, has created the
need for a declaration by the Court on the following issues:
d.
Whether the Defendant violated Fla. Stat. § 627.421, requiring an insurance
company to mail, deliver, or electronically transmit its policy to its insured not later
than 60 days after the effectuation of coverage, and whether such violation
prohibits the Defendant from raising policy condition defenses;
Whether the Defendant was required to fully pay for Plaintiffs’ covered claim
within ninety (90) days from the date the Defendant received notice of the claim,
pursuant to Fla, Stat. § 627.70131;
Whether Florida law treats insurance contracts differently than all other contracts
under Florida law by not allowing consequential damages only in an insurance
contract context;
Whether the Defendant is required under Fla. Stat. 626.9744, and/or the common
law, to pay for the replacement costs of damaged parts of the Property that were
contiguous, adjoining, and/or matching, if the replacement materials/items do not
match in quality, color, or size;
Page 5 of 8
KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016
Phone: (954) 556-6753 Fax: (954) 272-7730Whether the Defendant has waived the right to deny coverage for Plaintiffs’
property damage claim based upon violation of Florida Statutes;
Whether the Defendant can only demand policy compliance from Plaintiffs if the
demand is reasonable and necessary for the investigation and payment of Plaintiffs’
claim;
Whether any additional policy condition compliance from Plaintiffs is reasonable
and/or necessary for the Defendant to make a coverage and/or payment
determination;
Whether the Defendant has improperly interpreted any part of its Policy to
support its current positions;
Whether any part of the Policy specifically excludes coverage for all direct physical
loss to the Property and/or its individual component parts;
Whether any or all of Plaintiffs’ loss and damages at issue in this case are covered
under the terms of the Defendant’s Policy;
Whether the Defendant has complied with the contractual provision to adjust all
losses with Plaintiff;
Whether any or all of the Policy terms, provisions, exclusions, etc. that have been
used by the Defendant to limit its payment to Plaintiffs are ambiguous;
. Whether the Defendant has attempted to apply an exclusion(s), limitation(s), or
other Policy provision(s) that does not apply to facts of Plaintiffs loss, damage,
and/or claim, in order to limit its payment to Plaintiffs claim;
Whether the Mend the Hold doctrine, or any other legal principle or statute
prevents the Defendant, as a mattet of law, from raising any defenses not raised
prior to litigation;
Page 6 of 8
KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016
Phone: (954) 556-6753 Fax: (954) 272-7730o. Whether all Florida statutes in effect at the time of issuance of the subject Policy
are incorporated into the Policy as if expressly provided for in the Policy;
p. Whether the Defendant failed to perform a proper investigation and adjustment
of Plaintiff's Claim if the Defendant needs further policy condition compliance
from Plaintiffs’ Claim.
29. As such, the Plaintiffs have an actual, practical and present need for a declaration from
this Honorable Court regarding the issues set forth above and the existence and extent of Plaintiffs’
rights to coverage under the Policy for the Claim.
30. The relief sought by the Plaintiff is not merely the giving of legal advice by this
Honorable Court or the answer to questions propounded by mere curiosity.
31. Pursuant to the Declaratory Judgment Statutes, the Court has the jurisdiction and
power to construe relations that are affected by the construction of a contract/Policy and issue a
declaratory judgment in regard to the same.
32. Accordingly, the Plaintiffs file this request for declaratory relief seeking the Court's
construction of the contract/Policy, as well as Florida law, and asks that the Court retain jurisdiction
of this matter thereafter to avoid piecemeal litigation.
33. Plaintiffs do not want to be in breach of the Policy and are ready, willing, and able to
comply with all contract conditions the Court deems appropriate, but due to the Defendant’s actions,
Plaintiff is unsure of their rights in regard to Policy provisions.
34, The Defendant’s conduct has created doubt or uncertainty as to Plaintiffs’ rights or
status of the applicable Policy and Plaintiffs seek a declaration of those rights and status.
WHEREFORE, the Plaintiffs seek the Court’s declaration of the insureds’ rights and duties
under the Policy and Florida law, including but not limited to: (i) a decree in their favor on the issues
Page 7 of 8
KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016
Phone: (954) 556-6753 Fax: (954) 272-7730identified above; (ii) an award of reasonable attorney’s fees and costs; (iii) a reservation of jurisdiction
to enter such further orders as may be required to enforce the Court’s declaration of the insureds’
rights and to determine any disputes that may arise in adjusting or paying the loss upon a determination
of coverage; and (iv) for such other and further relief as this Court deems just, proper and equitable.
The Plaintiffs demand a trial by jury on all issues so triable.
Respectfully submitted this January 24, 2018,
KORIN Law, P.A.
7900 Oak Lane
Suite 400
Miami Lakes, FL 33016
Phone: (954) 556-6753
Fax: (954) 272-7730
Email: Jonathan(@Korinlaw.com
Counsel for Plaintiffs
By: __/s/ Jonathan Korin
" Jonathan Korin, Esquire
Fla. Bar No: 93914
Page 8 of 8
KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016
Phone: (954) 556-6753 Fax: (954) 272-7730
Preview
Case Number: CACE-18-001865 Division: 14 Filing # 66997981 E-Filed 01/24/2018 05:26:45 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA MICHELLE CASTILLO and PHIL HARRIS IV, CAsE No.: Plaintiffs, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. COMPLAINT The Plaintiffs, MICHELLE CASTILLO and PHIL HARRIS IV (“Plaintiffs”), by and through undersigned counsel, hereby sue the defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“Defendant”), and in so doing, allege the following: 1. This is an action for declaratory relief pursuant to Fla. Stat. § 86.011 and the Court’s general equity powers, and for damages in excess of Fifteen Thousand ($15,000.00) Dollars, exclusive of interest, costs, and attorneys’ fees. 2. Venue is proper as all acts material hereto took place in Broward County, Florida. 3. The Plaintiffs are homeowners in the State of Florida, who are over the age of eighteen (18) and are otherwise sui juris. 4, At all times material to this action, the Defendant was and is a Florida insurance company, licensed to do and doing business in Broward County, Florida. FACTS MATERIAL TO ALL COUNTS 5. The Defendant issued homeowners’ insurance policy number 01732707-2 to the Plaintiffs (the “Policy”), which is a contract between the parties. The Policy provides insurance coverage for real property owned by the Plaintiffs, which is located at 1451 NW 60 Avenue, Suntise, FL 33313 (the “Propetty”). The Plaintiffs are not in the possession of a true and correct copy of the KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016 Phone: (954) 556-6753 Fax: (954) 272-7730 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/24/2018 5:26:43 PM.****Policy, which is in the Defendant’s possession, custody and control and can be obtained through discovery in this action. 6. The Policy provides insurance coverage for damage to the Property caused by, inéer alia, sadden and accidental discharge of water from within a plumbing vessel, and also provides coverage for replacement of personal property destroyed and/or damaged by a covered loss, and alternative living arrangement expense reimbursement to the extent the Property becomes uninhabitable in any way. 7. At all times material hereto, the Policy was in full force and effect. 8. On or about 19-Aug-17, the Plaintiffs suffered covered losses caused at least in part by sudden and accidental discharge of water from within a plumbing vessel (the “Covered Losses”). 9. After suffering the Covered Losses to the Property, the Plaintiffs made a claim against the Policy, which was assigned claim number EEE by the Defendant (the “Claim”). 10. The Plaintiffs have complied with and performed all conditions precedent to recovery under the Policy and to the bringing of the instant action, and is otherwise in compliance with all duties imposed upon them under the subject insurance Policy for payment of the claim, and/or such duties, obligations and conditions have been waived or excused by Defendant’s actions and/or inactions, prior to bringing this action. 11. Due to the Defendant’s conduct, Plaintiffs have become obligated to retain undersigned counsel to bring this action and, pursuant to Fla. Stat. § 627.428 and others, are entitled to a reasonable attorney’s fee and reimbursement of costs in this matter to be paid by Defendant. Count I - BREACH OF CONTRACT 12. The Plaintiffs hereby re-allege and re-aver the allegations contained in numbered paragraphs one (1) through eleven (11) above as if fully set forth herein. Page 2 of 8 KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016 Phone: (954) 556-6753 Fax: (954) 272-773013. Plaintiffs had a contract of insurance with the Defendant specifically designed to provide insurance coverage to Plaintiffs in the event Plaintiffs suffered, inter alia, a loss to their property such as occurred in the instant case. 14. The Plaintiffs received correspondence from the Defendant advising that: a. the Claim would be denied due to a purported exclusion in the Policy; b. only a small partial payment in regard to the Covered Losses would be paid; and/or c. the Defendant is not going to honor the Claim. 15. The Defendant has a contractual and statutory duty to properly investigate, adjust, settle and pay Plaintiff for a covered insurance claim. The Defendant also had a duty to adjust all losses with Plaintiffs, pursuant to specific language of the Policy. 16. Plaintiffs suffered a covered loss to the Property. 17. The Defendant refused pay for all of Plaintiffs’ property loss and damages that are covered under the subject insurance Policy. 18. There exists unpaid loss and damage to the Property as a result of the damage claim for the Covered Loss, but despite the clear obligation to pay Plaintiffs for these losses, the Defendant has not paid Plaintiffs the full damages and has disputed coverage for Plaintiffs’ full amount of loss and damages. 19. The Defendant’s actions and inactions have breached its contractual obligations to Plaintiffs, in multiple ways, including, but not limited to, the Defendant’s failure to: properly investigate and adjust Plaintiffs’ covered loss and damage; properly acknowledge coverage for all of Plaintiffs’ covered loss; and properly and fully pay the amount due to the Plaintiffs in accordance with the express terms of the subject Policy and Florida law. 20. The Policy specifically provides that the Defendant will adjust all losses with Plaintiffs, which was never complied with, breaching Defendant’s contract with Plaintifts. Page 3 of 8 KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016 Phone: (954) 556-6753 Fax: (954) 272-773021, As a direct and proximate result of the Defendant’s multiple and continuing breaches of its insurance contract and/or failure to comply with its contractual obligations, Plaintiffs have been, and continues to be, damaged monetarily in regard to the covered loss/damage to the Property. 22. Furthermore, the Defendant's multiple breaches of the Policy have further exacerbated Plaintiffs damages and caused further consequential damages to Plaintiffs, based on Plaintiffs’ inability to timely and properly repair the insured premises, thus requiring the Plaintiffs to live with a damaged home and/or not be able to use portions of the home. WHEREFORE, Plaintiffs demand an entry of judgment in their favor and against the Defendant for all of their damages as pled herein, including all consequential damages, attorney’s fees, prejudgment interest, costs, and for such other and further relief as this Court deems just, proper and equitable. Count II - DECLARATORY ACTION 23. Plaintiffs hereby re-allege and re-aver the allegations contained in numbered paragraphs one (1) through eleven (11) above as if fully set forth herein. 24, This is an action for declaratory relief pursuant to Florida Statutes Chapter 86 and the Court's general equity powers to declare the Plaintiffs’ rights and obligations under a contract of insurance. 25. The interpretation of the Policy, as interpreted by the Defendant in regard to the issues herein, is wrong and/or creates at least an ambiguity in regard to Policy interpretation and, as such, Plaintiffs are entitled to an interpretation in their favor and in favor of coverage. Accordingly, these actions by Defendant have made Plaintiffs unsure of their rights, obligations, and duties in regard to the subject Policy, and they wish to be in full compliance with the Policy and Florida law. Page 4 of 8 KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016 Phone: (954) 556-6753 Fax: (954) 272-773026. The actions taken by the Defendant, based on the Defendant’s unilateral interpretation of the express and implied terms of the subject insurance Policy, conflict with Plaintiffs interpretation of the express and implied terms of the subject insurance Policy. 27. Due to the Defendant’s actions and inactions, Plaintiffs are unsure of their rights, obligations, and status in regard to the Policy in its entirety, including the covered causes of loss within the Policy, and the Plaintiffs seek a declaration of their rights, obligations, and status, in accordance with the Policy and Florida law. 28. The Defendant’s incorrect interpretation of the Policy and Florida law, has created the need for a declaration by the Court on the following issues: d. Whether the Defendant violated Fla. Stat. § 627.421, requiring an insurance company to mail, deliver, or electronically transmit its policy to its insured not later than 60 days after the effectuation of coverage, and whether such violation prohibits the Defendant from raising policy condition defenses; Whether the Defendant was required to fully pay for Plaintiffs’ covered claim within ninety (90) days from the date the Defendant received notice of the claim, pursuant to Fla, Stat. § 627.70131; Whether Florida law treats insurance contracts differently than all other contracts under Florida law by not allowing consequential damages only in an insurance contract context; Whether the Defendant is required under Fla. Stat. 626.9744, and/or the common law, to pay for the replacement costs of damaged parts of the Property that were contiguous, adjoining, and/or matching, if the replacement materials/items do not match in quality, color, or size; Page 5 of 8 KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016 Phone: (954) 556-6753 Fax: (954) 272-7730Whether the Defendant has waived the right to deny coverage for Plaintiffs’ property damage claim based upon violation of Florida Statutes; Whether the Defendant can only demand policy compliance from Plaintiffs if the demand is reasonable and necessary for the investigation and payment of Plaintiffs’ claim; Whether any additional policy condition compliance from Plaintiffs is reasonable and/or necessary for the Defendant to make a coverage and/or payment determination; Whether the Defendant has improperly interpreted any part of its Policy to support its current positions; Whether any part of the Policy specifically excludes coverage for all direct physical loss to the Property and/or its individual component parts; Whether any or all of Plaintiffs’ loss and damages at issue in this case are covered under the terms of the Defendant’s Policy; Whether the Defendant has complied with the contractual provision to adjust all losses with Plaintiff; Whether any or all of the Policy terms, provisions, exclusions, etc. that have been used by the Defendant to limit its payment to Plaintiffs are ambiguous; . Whether the Defendant has attempted to apply an exclusion(s), limitation(s), or other Policy provision(s) that does not apply to facts of Plaintiffs loss, damage, and/or claim, in order to limit its payment to Plaintiffs claim; Whether the Mend the Hold doctrine, or any other legal principle or statute prevents the Defendant, as a mattet of law, from raising any defenses not raised prior to litigation; Page 6 of 8 KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016 Phone: (954) 556-6753 Fax: (954) 272-7730o. Whether all Florida statutes in effect at the time of issuance of the subject Policy are incorporated into the Policy as if expressly provided for in the Policy; p. Whether the Defendant failed to perform a proper investigation and adjustment of Plaintiff's Claim if the Defendant needs further policy condition compliance from Plaintiffs’ Claim. 29. As such, the Plaintiffs have an actual, practical and present need for a declaration from this Honorable Court regarding the issues set forth above and the existence and extent of Plaintiffs’ rights to coverage under the Policy for the Claim. 30. The relief sought by the Plaintiff is not merely the giving of legal advice by this Honorable Court or the answer to questions propounded by mere curiosity. 31. Pursuant to the Declaratory Judgment Statutes, the Court has the jurisdiction and power to construe relations that are affected by the construction of a contract/Policy and issue a declaratory judgment in regard to the same. 32. Accordingly, the Plaintiffs file this request for declaratory relief seeking the Court's construction of the contract/Policy, as well as Florida law, and asks that the Court retain jurisdiction of this matter thereafter to avoid piecemeal litigation. 33. Plaintiffs do not want to be in breach of the Policy and are ready, willing, and able to comply with all contract conditions the Court deems appropriate, but due to the Defendant’s actions, Plaintiff is unsure of their rights in regard to Policy provisions. 34, The Defendant’s conduct has created doubt or uncertainty as to Plaintiffs’ rights or status of the applicable Policy and Plaintiffs seek a declaration of those rights and status. WHEREFORE, the Plaintiffs seek the Court’s declaration of the insureds’ rights and duties under the Policy and Florida law, including but not limited to: (i) a decree in their favor on the issues Page 7 of 8 KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016 Phone: (954) 556-6753 Fax: (954) 272-7730identified above; (ii) an award of reasonable attorney’s fees and costs; (iii) a reservation of jurisdiction to enter such further orders as may be required to enforce the Court’s declaration of the insureds’ rights and to determine any disputes that may arise in adjusting or paying the loss upon a determination of coverage; and (iv) for such other and further relief as this Court deems just, proper and equitable. The Plaintiffs demand a trial by jury on all issues so triable. Respectfully submitted this January 24, 2018, KORIN Law, P.A. 7900 Oak Lane Suite 400 Miami Lakes, FL 33016 Phone: (954) 556-6753 Fax: (954) 272-7730 Email: Jonathan(@Korinlaw.com Counsel for Plaintiffs By: __/s/ Jonathan Korin " Jonathan Korin, Esquire Fla. Bar No: 93914 Page 8 of 8 KORIN LAW, P.A, 7900 Oak Lane Suite 400, Miami Lakes, FI, 33016 Phone: (954) 556-6753 Fax: (954) 272-7730