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Filing # 52361882 E-Filed 02/10/2017 03:30:23 PM
IN THE COUNTY COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, CIVIL DIVISION
DEBRA HINES CASE NO.: CACE-14-016655
Plaintiff,
v.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S MOTION FOR LEAVE TO SERVE ADDITIONAL REQUESTS FOR
ADMISSIONS
DEFENDANT’S MOTION TO SHORTEN TIME TO RESPOND TO REQUESTS FOR
ADMISSIONS
Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE
COMPANY, pursuant to Fla. R. Civ. P. 1.370 files this Motion for Leave to Serve Additional
Requests for Admission to Plaintiff DEBRA HINES (“HINES”), and in support thereof states as
follows:
1. Standard of Appellate Review: “In the case of an order regarding discovery, the
trial court has broad discretion. Only when an order allowing discovery constitutes an abuse of
discretion which would cause irreparable damage should the ruling be set aside.” Baker by and
through Baker v. Eckerd Corp., 697 So. 2d 970 (Fla. 2d Dist. Ct. App. 1997).
2. This is an action regarding an insurance claim for sinkhole loss to Plaintiff's
property where the parties dispute whether a sinkhole loss has occurred.
3. Pursuant to the court’s April 21, 2016 Order, all pre-trial discovery is to be
completed on or before February 17, 2017.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/10/2017 3:30:23 PM.****4. Defendant has propounded eleven (11) additional Requests for Admissions
numbers 29 through 40 upon Plaintiff. See Exhibit A.
5. Florida Rules of Civil Procedure 1.370 permits each party to serve thirty (30)
requests for admissions to an opposing party without leave of court. This rule is not meant as an
absolute bar to limit the number of requests for admissions in every case to thirty (30). Instead,
the purpose of this rule, as of the other discovery rules, is to avoid unnecessary costs, minimize
delay and narrow the issues at trial, to the extent the request is consistent with Rule 1.340.
6. Pursuant to Rule 1.370(a) :
“The matter is admitted unless the party to whom the request is directed serves
upon the party requesting the admission a written answer or objection addressed
to the matter within 30 days after service of the request or such shorter or longer
time_as the court may allow but, unless the court shortens the time, a defendant
shall not be required to serve answers or objections before the expiration of 45
days after service of the process and initial pleading upon the defendant.”
(Emphasis added)
7. The requests for admissions are limited to basic facts in this case which, upon
information and belief, can quickly be answered by Plaintiff to narrow the factual issues in this
case and will not require significant investigation by Plaintiff in order to provide responses.
8. The Defendant has shown good cause for serving the additional requests for
admissions and the requests are not frivolous, nor intended to harass the Plaintiff.
WHEREFORE, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, requests this Court (1) grant leave to propound the additional
Requests for Admissions, and (2) shorten the time for Plaintiff to provide written answers or
objections to the Requests for Admissions to on or before February 17, 2017 or such other time
as the Court deem appropriate, and any such other relief as deemed appropriate.CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
forwarded by electronic mail to:
Ryan H. Sherman, Esq. at eserviceSLPA@ gmail.com and
Morgan Barfield at Service@corlessbarfield.com on this 10" day of February, 2017.
By:
HCP.14211
GROELLE & SALMON, P.A.
Attorneys for Defendant
Waterford Plaza
7650 W. Courtney Campbell Causeway
Suite 800
Tampa, FL 33607
(813) 849-7200 (telephone)
(813) 849-7201 (fax)
gstcourtdocs@gspalaw.com
rschulte com
Tita T Ltede-
ROBERT T. SCHULTE, ESQ.
FBN: 88819anh
14211 IN THE CIRCUIT COURT, OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-14-016655 DIV. 02
DEBRA HINES,
Plaintiff,
vs.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.
a Florida Corporation,
Defendant.
/
DEFENDANT’S NOTICE OF SERVING
DEFENDANT’S FOURTH REQUEST FOR ADMISSIONS TO THE PLAINTIFFS
COMES NOW the Defendant, HOMEOWNERS CHOICE PROPERTY AND
CASUALTY INSURANCE COMPANY, by and through its undersigned attorneys, requests that
Plaintiff, DEBRA HINES, admit or deny the following pursuant to Rule 1.370, Florida Rules of
Civil Procedure:
29. You and your husband purchased the property located at 3816 S. Lake Terrace in
Miramar on May 4, 2000 from Linda Berry. See Exhibit A.
30. You do not have any contact information for Linda Berry.
31. Title to the property was transferred to Eugene McGirt on November 18, 2003.
See Exhibit B.
32. Eugene McGirt transferred title to the property back to you and your husband on
April 3, 2007. See Exhibit C.
33. Your husband reported a claim for sinkhole loss on March 8, 2012.
34. A field adjuster Walter Tim Swope inspected and photographed the property on
March 14, 2012. See Exhibit D.
LTATAXA35. Walter Tim Swope took a recorded statement from your husband who informed
him that there was damage in 2009, that he repaired the cracks and painted the exterior in 2009,
and that he noticed additional damage in 2012. See Exhibit E.
36. The Defendant sent you a letter on June 25, 2012, notifying you that there was no
coverage for the damages to your property because the cause of the damage identified by SDII
Global Corporation was settlement due to organic soils and not sinkhole activity. See Exhibit F.
37. | Your public adjuster Carlos Nayor submitted a request for neutral evaluation to
the Department of Financial Services on February 6, 2013, See Exhibit G.
38. | Carlos Nayor submitted a letter to the Neutral Evaluation Team requesting that
Darrell Hanecki, PE be selected as the neutral evaluator on February 19, 2013. See Exhibit H.
39. | The Defendant sent you a letter on December 12, 2013, affirming its decision to
deny coverage based upon the report from Darrell Hanecki, PE. See Exhibit I.
40. You filed this lawsuit on August 27, 2014. See Exhibit J.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
forwarded by electronic mail to: Ryan H. Sherman, Esq. at eserviceSLPA@gmail.com and
Morgan Barfield at Service@corlessbarfield.com on this 10" day of February, 2017.
GROELLE & SALMON, P.A.
Attorneys for Defendant
Waterford Plaza
7650 W. Courtney Campbell Causeway
Suite 800
Tampa, FL 33607
(813) 849-7200 (telephone)
(813) 849-7201 (fax)
gstcourtdocs@gspalaw.com
rschulte@gspalaw.com
Tofu To Lb
ROBERT T. SCHULTE, ESQ.
HCP.14211 FBN: 88819
By:aie
INSTR # 100260062
OR BK 30484 PG 1827
ae ee 0929 AH
Ts stray preanen or om
ROSEMARY van Bosra
EXCEL TITLE CORP. CLERK 025
6151 MIRAMAR PARKWAY, SUITE 325
MIRAMAR, FL 33023
WARRANTY DEED
This Indenture made this fe day of, 200.2)
BETWEEN LINDA BERRY, A SINGLE'PERSON, GRANT OR® Bhd
JAMES F. HINES, JR. AND DEBRA J. HINES, RUSBAND AND WIFE
, of 3816 SOUTH LAKE TERRACE, MIRAMAR, FLORIDA 33023, GRANTEE*
WITNESSETH, That said Grantor, for and in consideration of the sum of TEN AND
00/100’S ($10.00) Dollars and other good and valuable consideration to said Grantor in
hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted,
Sncaprerarecresey
Lot 54, of Block 7, MIRAMAR ISLES SECTION TWO, according to the Plat thereof as
recorded ip-Pi i= 7, ee 15,-0f nee OC BRON ounty,
Figtida t IN
OFICIAL Gor
SUBJECT TC FORTHE 0 IT YE ‘AND PAYABLI
SUBJECT TO ALL CONDITIONS, EASEMENTS, RESTRICTIONS AND LIMITATIONS OF RECORD, IF ANY.
FOLIO NO. 51-41-26-14-0510
and said Grantor does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomscever.
*Siogular and plural ar Interchangeable as context requires,
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day
and year first above written,
IDA BERR’
Se
Grantor's Address: Pp. o- BOL & 3 Hee
STATE OF FLORIDA
COUNTY OF BROWARD
he foregoing instrument was acknowledged before me this de day of
201
EXHIBIT
EESCEN # 103562684, OR BK 36575 Page 1882, Page 1 of 1, Recorded 12/11/2003 at
04:35 PM, Broward County Commission, Doo. D $0.70 Deputy Clerk 2020
‘This Document Prepared By and Return te:
L. Peter Chontos, Eequire
Manbors' Title
7951 OW 6th Sex 2 316
Plantations Florida 33394
Parcel ID Number: 11126-14-05100
Quitclaim Deed Wels
This Quitclaim Deed, Madethis 7 #7> doyof GetOber , AD.. Between
James F. Hines, Jr. and Debra J. Hines, his wife
of the County of Broward , Sate of Florida »grantors, snd
Eugene McGirt, a married man
whose aides i 3816 S. Lake Terrace, Miramar, FL 33023
wow JUS TS NORA Ne
TEN DOLLARS
Seen ere
Lot 54, in Block 7, of MZ ISLES SECTION TWO, according to the
Plat thereof, aa recorded in Plat Book 7, at Page 15, of the Public
Records of Broward County, Florida.
To Have and to Hold the same sogader ih oll and singuine the sppumesances tereuno belonging or in anpwvise
‘pperbining, and all the estate, sigh, ils, terest, Hen, eguty and clsim wastoever of aniors, either in fam or equity, for
the use, benefit and profit of the ssid yraice forever
In Witness Whereof, ite gremors have hereusto st ther hands and seals the ay and year Gist above writen
Signed, sealed and delivered in our presence:
a $e (ite bho oie (Seat)
Printed Name: DALEE HUNT (Gines YF, Hinesy Jr.
Witness See
ayes >)
Witness P.O, Address:
STATE OF Florida
COUNTY OF Broward
The fezting nktument was ackrowlelged below me his DE TH — day of Alowumaer Leod y »
James F. Hines, Jr. and Debra J, Hines, his wife
sho ae pertonally knossn io me or wha havepradoced heir Florida driver's License asidenificaion
ae ¢ LS
GD serie” a
TER cms trancy hase rare Notary Public I
[My Commission Expires:
100922 ae Gard apy Spee AN HISD Fame OCD
EXHIBIT
aeCEN # 106962958, OR BK 43877 Page 177, Page 1 of 1, Recorded 04/11/2007 at
7 07:56 AM, Broward County Commission, Doc. D $1260.00 Deputy Clerk 1016
“This Instrument Prepared by
and
Record and Retorn
L. Peter Chontos, Esq,
GLANIZ& GLANTZ, PA
7951 SW 6° St.
Plantation, FI. 33632
“Telephone: (954) 424-1200
Property Tax Foliv No: 11126-14-08100
QUITCLAIM DEED
‘THIS QUITCLAIM DEED, execuied this 34 dey of April, 2007, benseen EUGENE McGIRT, a married
naa, guoseyRoHtoffiey adress. fs 6198) Half Non Ors Por Orange, Fe=B2437, hereinafter he “BRANTOR™*, and
JAMES Fi] ed haben | HINES, le mee seizes i Te ina.
FL 330] haley (ERATE }.« @Wenew. is pho we fenp fGangin cia Idi “party” include
allihe hn i i a ITNT
<
SEITNESSETHE tha thy sp GRAN TOR, fr grin consigersion of te sup of FEN qn QO/100 (510.00)
Dot nap tepd oka wtehdeconsed tage tal mil fee i bo destegrhece s herby
oi a id GRANTEE,
es ll ent sthetherbinyllar or pl
acknotyledycel dof Res easy dni lato the . lth sf, tide, interest,
claim a8 deimatd whickrthe said GRANTOR as in following Uescrbedt lot, blece or pardel of land, situate,
{ying and being in the County of Broward, State of Florida, to-wit:
Lot 54, in Block 7, of MIRAMAR ISLES SECTION TWO, according to the Plat thereof, 25
recorded in Plat Buok $7, at Page 15, of the Public Records of Broward County, Florida
/ © This instrument is being prepared without henctt of ttle search examination, as requested by Ue Grantor,
\ * The property described herein is not now, nor has it ever becn, the Homestead of the owner, the owner's spouse
‘or the owner's minor children, ifany. Nor is the property contiguous to their homestead which is at the address
recited above.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thercunto belonging or
in onywise appertaining, and all the estate, right, tile interest Hien equity and claim whatsoever of the said GRANTOR.
‘either in law oF equity, to the only proper use, bene(it and behoof ofthe said GRANTEE forever.
IN WITNESS WHEREOF, the GRANTOR has hereunto executed these presents the day and year first above
writen,
STATE OF FLORIDA
COUNTY OF BROWARD SS:
LEREBY CERTIFY that on this day, before me, an officer duly authorized in che State and County aforesaid
to administer oaths and take acknowledgments, personally appeared EUGENE MCGIRT, wha has produced Driver's
License as idemification and did not ake an oath, but acknowledged before me whe execution of the foregoing
instrument for the purposes therein expressed,
WITNESS my hand and official seal inthe County ancl State last aforesuid this 3rd day of April, 2007,
7 7 ;
os
Nouy ps. hear ra Sor oFerss ‘NOTARY PUBLIC, STATE OF FLORIDA
Seal MF ie Comntccnoeb
SA _Cheesanasann Print Name
My Commision expres
: XHIBIT
c1 front risk
Date Taken: 3/14/2012
Taken By: Walter Tim Swope
1
JAMES_HINES
address photo
Date Taken: 3/14/2012
Taken By: Walter Tim Swope
ROL Insurance Consulting
12157 W. Linebaugh Ave #346
Tampa, FL 33626
Office: (813) 854.3434.
Toll Free: (866) 811.5444
Fax: (800) 576-0005
-
EXHIBIT
Pee Neer
3/18/2012
Page: 13HCI
HOMEOWNERS CHOICE
Insurance for Floridians by Floridians
June 25, 2012
James Hines
3816 S. Lake Terrace
Miramar, FL 33023
Re: Insured: James Hines
Claim Number: 821089
Policy Number: 276483-1
Date of Discovery: 2/20/2012
Location of Loss: 3816 S Lake Ter., Miramar, FL 33023
Dear Mr. Hines:
We wish to thank you for allowing us to inspect your property and have an engineering study conducted following
the report of your claim to Homeowners Choice Property & Casualty Company. The investigation was completed
by MCD Engineering.
The report of your claim advised that you found cracking to the exterior and interior of the master bedroom wall.
In response, Homeowners Choice Property & Casualty Insurance Company engaged the services of SDII Global Inc.
to determine the cause of the claim. Following the completion of their studies, SDI! Global issued their report. A
signed and sealed copy has been provided to you for your records. The report concluded the following.
It is SDI’s opinion, within reasonable professional probability, that the observed damage to the
main structure is most consistent with either the direct result, or the collateral effect, of
differential foundation movement. The observed conditions are structurally significant, in that
they compromise the load capacity of primary structural members or systems.
The differential movement of the foundation can be attributed to soils within the upper 6 feet
below land surface (bls) that have high organic contents by weight. Historical imagery! of the
area indicates a history of dredging and filling at the location of the house and throughout the
surrounding neighborhood. An historical image from 1957 shows unaltered swamp land in the
vicinity of the house. The current Google Earth image shows the previously dredged canals.
The spoil materials from these activities are commonly used to level the land surface prior to
construction. Evidence of in-filling includes the limestone gravel that was identified in hand
auger boring HA-3, as well as in the predominantly very loose conditions of the soils within the
upper 10 feet bls across the site.
It is SDII's opinion, within a reasonable professional probability, that sinkhole activity as
defined by §627.706 Florida Statutes does not exist at the Hines residence.
HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE CO., INC.
PO BOX 22967 +» TAMPA, FI. + 33622
CLAIMS PHONE: 877-235-5076 * CLAIMS FAX: 727-412-8305 EXHIBIT
F
tabblest-2- September 17, 2014
Please refer to page 6 Of 18, Section | — Perils Insured Against, of your Homeowners 3 Special Form
Policy, HO 00 03 04 91, which states:
SECTION | — PERILS INSURED AGAINST
COVERAGE A— DWELLING and COVERAGE B — OTHER STRUCTURES
We insure against risk of direct loss to property described in Coverages A and B only if that loss is a
physical loss to property. We do not insure, however, for loss:
2. Caused by:
e. Any of the following:
(1) Wear and tear, marring, deterioration;
(6) Settling, shrinking, bulging or expansion, including resultant cracking, of pavements, patios, foundations,
walls, floors, roofs or ceilings;
Please refer to page 8 of 18, Section | — Exclusions, which states:
1. We do not insure for loss caused directly or indirectly by any of the fallowing. Such loss is excluded
regardless of any other cause or event contributing concurrently or in any sequence to the loss.
b, Earth Movement and Settlement, meaning:
(5) Earth sinking, rising or shifting;
(8) Settling, cracking or expansion of foundations; or
2. We do not insure for loss to property described in Coverages A and B caused by any of the following.
However, any ensuing loss to property described in Coverages A and B not excluded or excepted
in this policy is covered.
c, Faulty, inadequate or defective:
{1) Planning, zoning, development, surveying, siting;
(2) Design, specifications, workmanship, repair, construction, renovation, remodeling,
grading, compaction;
(8) Materials used in repair, construction, renovation or remodeling; or
(4) Maintenance;
of part or all of any property whether on or off the "residence premises
Then refer to SINKHOLE LOSS Endorsement, HW 07 07 04 11, PAGE 1 of 3, which states:
We insure the property covered under Section | for a “Sinkhole Loss” that occurs during the policy
period.
This endorsement is subject to the terms and conditions of the policy.
DEFINITIONS
The following definitions are added:-3- September 17, 2014
“Sinkhole activity” means settlement or systematic weakening of the earth supporting property only when settlement
or systematic weakening results from movement or raveling of soils, sediments, or rock materials into subterranean
voids created by the effect of water on limestone or similar rock formation.
“Sinkhole Loss” means “Structural Damage” to the building, including foundation, caused by “sinkhole Activity”.
Contents coverage shall apply only if there is “Structural Damage” to the building caused by “Sinkhole Activity’.
a. The settlement or systematic weakening must result from movement or raveling of soils, sediments, or rock
material into subterranean voids created by the effect of water on limestone or similar rock formations.
2. “Sinkhole loss” means actual physical damage caused by “Sinkhole Activity”.
“Structural Damage “ for purposes of “Sinkhole Loss” coverage means:
1. Damage to a covered building, including the foundation, that prevents the primary structural members and/or
primary structural systems from supporting the loads and forces that they were designed to support; and
2. Atleast one of the following:
a. For buildings utilizing a concrete slab foundation, that horizontal surface mapping of the floor proves there is
a vertical variance within the floor resulting from sinkhole related displacement that is greater than the
maximum allowable vertical variance permitted by the current Florida Building Code of one half inch within a
10 foot horizontal distance; or
b. For buildings utilizing wood floors members, that horizontal surface mapping of the floors proves there is a
vertical variance within the floor resulting from sinkhole related displacement that is greater than the
maximum allowable deflection permitted by current Florida Building Code.
3. “Structural Damage” for purposes of "Sinkhole Loss” coverage exists only if both 1. and 2. Above are satisfied.
Based on the results of our investigation, we must respectfully inform you there is no coverage for your loss. This
letter is not intended to be a full disclosure of all policy coverages, conditions and exclusions. For a full disclosure,
we encourage you to refer to your copy of your insurance policy for complete details.
Homeowners Choice Property & Casualty Insurance Company reserves each and every right that it has under and
pursuant to this policy of insurance. Neither you, nor anyone acting on your behalf, should construe any
statements or actions, either previously or in the future, by Homeowners Choice Property & Casualty insurance
Company, or any of its agents, attorneys or representatives, to constitute a waiver of any rights given to
Homeowners Choice Property & Casualty Insurance Company under this policy of insurance, nor is it the purpose
of this letter to waive any of the policy terms and/or conditions.
Please be advised that by issuing this declination of coverage for the sinkhole loss, it is not the intent of
Homeowners Choice Property & Casualty Insurance Company to waive any of the rights and privileges afforded to
it under the policy issued to you, and Homeowners Choice Property & Casualty Insurance Company hereby
continues to reserve those rights and privileges-4- September 17, 2014
If you should have any additional questions, or have any other information you would like us to consider in regards
to this claim, please contact the undersigned at the phone number shown below.
Sincerely,
Steven Kelley ChFC
Senior Claims Examiner
813-405-3253
Cc; Bruening Insurance Agency Inc.
If this document contains an excerpt from a Home Owners Choice Property & Casualty Insurance Co. Policy { “the Policy”) it is
proved here for informational purposes only. This excerpt is not the official version of the policy. The official version of the
policy is the policy issued to the insured on the policy effective date. In the event there is inconsistency between this
document and the Policy, the Policy shall serve as the official version.
F.S, 817.234(1)(b) Any person who knowingly and with intent to injure, defraud, or deceive any insure files a statement of
claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.ATLANTIC COAST CONSULTANTS, LLC
PUBLIC ADJUSTERS
FAX
D FS Sinkhole Znsurane
to Claims Request FROM erie Naver
rax: ¥SO- 48K -6372 paces:
PHONE: DATE: o2/o Ale
REDncured 2 James Hinds ce Claimtt SAIOSF
urcent [7 |rorreview [| pueasecomment [| PLEASE REPLY [7] puease recycie
COMMENTS:
— Sin Khele Tasurancee Clarme Reg west for Newterl Evaluation.
7 Please feel to Contact me shoudd you have any quettions
— Than [e a?
Canes Nayer
305-972-2673
13899 BISCAYNE BLVD SUITE 149, NORTH MIAMI BEACH FLORIDA 33181
OFFICE 305-354-2881 FAX 305-354-2880 TOLL free 877-561-2524
EXHIBIT
G
tabblestDEPARTMENT OF FINANCIAL SERVICES
Division of Consumer Services ~ Bureau of Education, Advocacy & Research
SINKHOLE INSURANCE CLAIMS REQUEST
FOR NEUTRAL EVALUATION
Section 627.7074 F.S. and Chapter 69J-8 F.A.C.
To be completed by the policyholder or insurance company representative,
Insured(s) Name: Jam ey ines
Insurance Company Name: Hom & Own ers Choice
Policy Number: 2 76 4 83-] ClaimNumber: _9 2/0949
Insured Contact Information:
Home Phone: (I54% Y83-OS 2] Work Phone: _( )
CellPhone: _(4S4) 6/S-7772& mail Address:
Insured Property Address:
sweet: 32/6 S. Lake Terrace
City: Miramar State FL Zip) 33003 - County: _ Kre ward.
Mailing Address (if different):
ls the insured represented by: [[] Attorney x Pubic Adjuster PA License #: P 16 a 4 4 3
If yes:
Representative Name: Cael of A. Nayor Atlantic: Coast Consus [taaty £Le
sweet {2844 Bircayne Blud,/Suite FP 144
Ci: Ne. Miami Beach State: F/orida Zip: 33/F/—— -
Phone #: 3os) 4 -aé73 Email Address: earlosnayor @ accadjysters.ce.
Insurance Company Contact Information:
Representative Name: M re Steve K e / by
Street: PO Box 23967
City: Ta mon State: FL Zip: 336A -
Phone# (9/3) YOS-34S3 Email Address: SKelley @HCPIT,com
Party Making Request: Gi insurer or its Representative & Insured or their Representative
Reason for Request: Sinkhole Claim Denial C1 Sinkhole Remediation Method
Sinkhole Report Issued?: Yes ONo
Name of Individual and Firm that Issued the Report: S DIL C/o Aa | Core oO rat} tn
issues in Dispute: .
Eenject # Bolles A done by Me, Sam Upchurch £ ate =
d m4
Cana y cuns 30 £eet Lehind oa property, Home oe Severe
6 alony exterior w sel dick acd interior Faces sad ceilings,
Important Notice: You are entitled to Neutral Evaluation pursuant to Section 627.7074, F.S., which sets forth a procedure promoted by the critical
need for effective, fair and timely handling of sinkhole insurance disputes. The procedure is available to those first party claimants who have
unresolved sinkhole insurance claims resulting from damage to property located in Florida. This procedure does not apply to private passenger motor
vehicle insurance or to liability coverage cantained in property insurance policies, as well as National Flood Insurance Program policies.
Requesting Party Name: Cai log A : Nayor Date: $ taply
7
02106113
DFS-I4-1784
Rev. 07/2014ATLANTIC COAST CONSULTANTS, LLC
PUBLIC ADJUSTERS
FAX
i DES S jnKhele TDarsuranw
to Claims KReguest trom. Carlos Nayor
| PAX YSO~48F-G37a paces: ob
PHONE: DATE: OQ lia [12
RETrswred: Tamet Hinds c:Claint SAlOF 1
| [J urcenr [___]rorreview [_] pieasecomment [| pueasenepiy [| PLEASE RECYCLE
COMMENTS:
oe Selection For Neutra | Evaluation
Than K yess
Carles Nave 7
ZoS-4A71~ Ab ioe
13899 BISCAYNE BLVD SUITE 149, NORTH MIAMI BEACH FLORIDA 33181 L
OFFICE 305-354-2881 FAX 305-354-2880 TOLL free 877-561-2524
™ : EXHIBIT
eee ented
tabbiest°
ATLANTIC COAST CONSULTANTS, LLC.
SFY Public Adjusters
February 19, 2013
Insured: James Hines
DOL: 02/20/2012
Policy#: 276483-1
Claim#: 821089
SRN# : 1-767155504
To the Neutral Evaluation Team:
At this time, I am forwarding the name of the neutral evaluator we are selecting for this process.
For the insured, our selection is;
Mr. Darrell Hanecki
17633 Gunn Hwy Bldg 119
Odessa, FL 33556
(813)926-8230
Dhanecki@hanecki.com
Please feel free to contact me should you have any further questions.
Sincerely,
OT ae
Carlos Nayor, PA
carlosnayor@accadjusters.com
305-979-2673 cell
305-354-2880 fax
13899 Biscayne Boulevard Suite 149, North Miami Beach Florida 33181
Office 305-354-2881 Fax 305-354-2880 Toll Free 877-899-0021F Fomnownnns CHOICE
PROPERTY & CasuALIY
Insurance Comrany, Inc.
October 28, 2013
James Hines
3816 S. Lake Ter
Miramar, FL 33023
Re: Insured: James Hines
Policy: HCPC-HO3-276483-1
DOL: February 20, 2012
Claim: 821089
Dear Mr. Hines:
We received the Neutral Evaluator’s Report from Darrell Hanecki, P.E.; it appears the
neutral evaluator is in general agreement with the findings and conclusions of the SDI!
Global Corporation investigation at the Hines property.
The report received by Darrell Hanecki, P.E. states in part:
It is their opinion that sinkhole activity was not identified at the Hines residence. The
disparity in soil conditions between SDII boring B-3 and HCE boring B-1 may be the result
of high variability in subsurface conditions across the site, or the transposing of boring
designations between SDII’s B-2 and B-3. The SDII conclusions relative to causes of
-—_____—_—-damage-are-appropriate-
Based on the findings by SDI] Global Corporation and Darrell Hanecki, P.E., we must
respectfully reaffirm our prior denial.
Sincerely,
\.
Michelle Stroyan
Senior Claims Examiner
Enclosure: SDIi Report and Darrell Hanecki, P.E. Report
HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.
Post Office Box 22967 | Tampa, Florida 33622 EXHIBIT
Claims Phone: 877.235.5076 | Claims Fax: 813.443.0830 | www.hepci.com T
tabbies*December 12, 2013
Page 2 of 2
If this document contains an excerpt from a Home Owners Choice Property & Casualty Insurance Co. Policy (“the
Policy”) It is proved here for informational purposes only. This excerpt is not the official version of the policy. The
official version of the policy is the policy issued to the insured on the policy effective date. In the event there is
inconsistency between this document and the Policy, the Policy shall serve as the official version.
FS, 817.234(4)(b) Any person who knowingly and with Intent to injure, defraud, or deceive any insure files a
statement of clalm or an application containing any false, incomplete, or misleading information is guilty of a felony
of the third degree.Case Number: CACE-14-016655 Division: 02
Filing # 17576988 Electronically Filed 08/27/2014 12:54:38 PM
IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT
IN AND FOR BROWARD,COUNTY, FLORIDA
CASE NO:
DEBRA HINES, ©
Plaintiff, :
CIVIL SUMMONS
VS.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.,
a Florida corporation
Defendant.
THE STATE OF FLORIDA:
To Each Sheriff of Said State:
oF
YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or
petition, and accompanying interrogatories and request for production, in this action on
defendant:
HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., by
serving: : ot. GR SB
Chief Financial Officer
Service of Process Section
200 East Gaines Street
Tallahassee, FL 32399-0000
Each defendant is required to serve written defenses to the complaint or petition on5B fe
attorney, to wit! RYAN H. SHERMAN, ESQ., whose address is SHERMAN LAW, PAS, 4009
Hollywood Blvd., #265-S, Hollywood, FL 33021, phone: (954) 894-8000, fax: (305): 397-
1725, within 20 days after service of this summons on that defendant, exclusive of the day of
service, and to file the original of the defenses with the Clerk of this Court either before service
on Plaintiffs’ attorney or immediately thereafter. If a defendant fails to do so, a default will be
entered against that defendant for the relief demanded in the complaint or petition.
DATED ON AUG 27 2014
as Clerk of said Court
by
7 (Court Seal)
‘*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/27/2014 12:54:37 PM.****
Preview
Filing # 52361882 E-Filed 02/10/2017 03:30:23 PM IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, CIVIL DIVISION DEBRA HINES CASE NO.: CACE-14-016655 Plaintiff, v. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION FOR LEAVE TO SERVE ADDITIONAL REQUESTS FOR ADMISSIONS DEFENDANT’S MOTION TO SHORTEN TIME TO RESPOND TO REQUESTS FOR ADMISSIONS Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, pursuant to Fla. R. Civ. P. 1.370 files this Motion for Leave to Serve Additional Requests for Admission to Plaintiff DEBRA HINES (“HINES”), and in support thereof states as follows: 1. Standard of Appellate Review: “In the case of an order regarding discovery, the trial court has broad discretion. Only when an order allowing discovery constitutes an abuse of discretion which would cause irreparable damage should the ruling be set aside.” Baker by and through Baker v. Eckerd Corp., 697 So. 2d 970 (Fla. 2d Dist. Ct. App. 1997). 2. This is an action regarding an insurance claim for sinkhole loss to Plaintiff's property where the parties dispute whether a sinkhole loss has occurred. 3. Pursuant to the court’s April 21, 2016 Order, all pre-trial discovery is to be completed on or before February 17, 2017. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/10/2017 3:30:23 PM.****4. Defendant has propounded eleven (11) additional Requests for Admissions numbers 29 through 40 upon Plaintiff. See Exhibit A. 5. Florida Rules of Civil Procedure 1.370 permits each party to serve thirty (30) requests for admissions to an opposing party without leave of court. This rule is not meant as an absolute bar to limit the number of requests for admissions in every case to thirty (30). Instead, the purpose of this rule, as of the other discovery rules, is to avoid unnecessary costs, minimize delay and narrow the issues at trial, to the extent the request is consistent with Rule 1.340. 6. Pursuant to Rule 1.370(a) : “The matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time_as the court may allow but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant.” (Emphasis added) 7. The requests for admissions are limited to basic facts in this case which, upon information and belief, can quickly be answered by Plaintiff to narrow the factual issues in this case and will not require significant investigation by Plaintiff in order to provide responses. 8. The Defendant has shown good cause for serving the additional requests for admissions and the requests are not frivolous, nor intended to harass the Plaintiff. WHEREFORE, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, requests this Court (1) grant leave to propound the additional Requests for Admissions, and (2) shorten the time for Plaintiff to provide written answers or objections to the Requests for Admissions to on or before February 17, 2017 or such other time as the Court deem appropriate, and any such other relief as deemed appropriate.CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded by electronic mail to: Ryan H. Sherman, Esq. at eserviceSLPA@ gmail.com and Morgan Barfield at Service@corlessbarfield.com on this 10" day of February, 2017. By: HCP.14211 GROELLE & SALMON, P.A. Attorneys for Defendant Waterford Plaza 7650 W. Courtney Campbell Causeway Suite 800 Tampa, FL 33607 (813) 849-7200 (telephone) (813) 849-7201 (fax) gstcourtdocs@gspalaw.com rschulte com Tita T Ltede- ROBERT T. SCHULTE, ESQ. FBN: 88819anh 14211 IN THE CIRCUIT COURT, OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-14-016655 DIV. 02 DEBRA HINES, Plaintiff, vs. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. a Florida Corporation, Defendant. / DEFENDANT’S NOTICE OF SERVING DEFENDANT’S FOURTH REQUEST FOR ADMISSIONS TO THE PLAINTIFFS COMES NOW the Defendant, HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY, by and through its undersigned attorneys, requests that Plaintiff, DEBRA HINES, admit or deny the following pursuant to Rule 1.370, Florida Rules of Civil Procedure: 29. You and your husband purchased the property located at 3816 S. Lake Terrace in Miramar on May 4, 2000 from Linda Berry. See Exhibit A. 30. You do not have any contact information for Linda Berry. 31. Title to the property was transferred to Eugene McGirt on November 18, 2003. See Exhibit B. 32. Eugene McGirt transferred title to the property back to you and your husband on April 3, 2007. See Exhibit C. 33. Your husband reported a claim for sinkhole loss on March 8, 2012. 34. A field adjuster Walter Tim Swope inspected and photographed the property on March 14, 2012. See Exhibit D. LTATAXA35. Walter Tim Swope took a recorded statement from your husband who informed him that there was damage in 2009, that he repaired the cracks and painted the exterior in 2009, and that he noticed additional damage in 2012. See Exhibit E. 36. The Defendant sent you a letter on June 25, 2012, notifying you that there was no coverage for the damages to your property because the cause of the damage identified by SDII Global Corporation was settlement due to organic soils and not sinkhole activity. See Exhibit F. 37. | Your public adjuster Carlos Nayor submitted a request for neutral evaluation to the Department of Financial Services on February 6, 2013, See Exhibit G. 38. | Carlos Nayor submitted a letter to the Neutral Evaluation Team requesting that Darrell Hanecki, PE be selected as the neutral evaluator on February 19, 2013. See Exhibit H. 39. | The Defendant sent you a letter on December 12, 2013, affirming its decision to deny coverage based upon the report from Darrell Hanecki, PE. See Exhibit I. 40. You filed this lawsuit on August 27, 2014. See Exhibit J. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded by electronic mail to: Ryan H. Sherman, Esq. at eserviceSLPA@gmail.com and Morgan Barfield at Service@corlessbarfield.com on this 10" day of February, 2017. GROELLE & SALMON, P.A. Attorneys for Defendant Waterford Plaza 7650 W. Courtney Campbell Causeway Suite 800 Tampa, FL 33607 (813) 849-7200 (telephone) (813) 849-7201 (fax) gstcourtdocs@gspalaw.com rschulte@gspalaw.com Tofu To Lb ROBERT T. SCHULTE, ESQ. HCP.14211 FBN: 88819 By:aie INSTR # 100260062 OR BK 30484 PG 1827 ae ee 0929 AH Ts stray preanen or om ROSEMARY van Bosra EXCEL TITLE CORP. CLERK 025 6151 MIRAMAR PARKWAY, SUITE 325 MIRAMAR, FL 33023 WARRANTY DEED This Indenture made this fe day of, 200.2) BETWEEN LINDA BERRY, A SINGLE'PERSON, GRANT OR® Bhd JAMES F. HINES, JR. AND DEBRA J. HINES, RUSBAND AND WIFE , of 3816 SOUTH LAKE TERRACE, MIRAMAR, FLORIDA 33023, GRANTEE* WITNESSETH, That said Grantor, for and in consideration of the sum of TEN AND 00/100’S ($10.00) Dollars and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, Sncaprerarecresey Lot 54, of Block 7, MIRAMAR ISLES SECTION TWO, according to the Plat thereof as recorded ip-Pi i= 7, ee 15,-0f nee OC BRON ounty, Figtida t IN OFICIAL Gor SUBJECT TC FORTHE 0 IT YE ‘AND PAYABLI SUBJECT TO ALL CONDITIONS, EASEMENTS, RESTRICTIONS AND LIMITATIONS OF RECORD, IF ANY. FOLIO NO. 51-41-26-14-0510 and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomscever. *Siogular and plural ar Interchangeable as context requires, IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year first above written, IDA BERR’ Se Grantor's Address: Pp. o- BOL & 3 Hee STATE OF FLORIDA COUNTY OF BROWARD he foregoing instrument was acknowledged before me this de day of 201 EXHIBIT EESCEN # 103562684, OR BK 36575 Page 1882, Page 1 of 1, Recorded 12/11/2003 at 04:35 PM, Broward County Commission, Doo. D $0.70 Deputy Clerk 2020 ‘This Document Prepared By and Return te: L. Peter Chontos, Eequire Manbors' Title 7951 OW 6th Sex 2 316 Plantations Florida 33394 Parcel ID Number: 11126-14-05100 Quitclaim Deed Wels This Quitclaim Deed, Madethis 7 #7> doyof GetOber , AD.. Between James F. Hines, Jr. and Debra J. Hines, his wife of the County of Broward , Sate of Florida »grantors, snd Eugene McGirt, a married man whose aides i 3816 S. Lake Terrace, Miramar, FL 33023 wow JUS TS NORA Ne TEN DOLLARS Seen ere Lot 54, in Block 7, of MZ ISLES SECTION TWO, according to the Plat thereof, aa recorded in Plat Book 7, at Page 15, of the Public Records of Broward County, Florida. To Have and to Hold the same sogader ih oll and singuine the sppumesances tereuno belonging or in anpwvise ‘pperbining, and all the estate, sigh, ils, terest, Hen, eguty and clsim wastoever of aniors, either in fam or equity, for the use, benefit and profit of the ssid yraice forever In Witness Whereof, ite gremors have hereusto st ther hands and seals the ay and year Gist above writen Signed, sealed and delivered in our presence: a $e (ite bho oie (Seat) Printed Name: DALEE HUNT (Gines YF, Hinesy Jr. Witness See ayes >) Witness P.O, Address: STATE OF Florida COUNTY OF Broward The fezting nktument was ackrowlelged below me his DE TH — day of Alowumaer Leod y » James F. Hines, Jr. and Debra J, Hines, his wife sho ae pertonally knossn io me or wha havepradoced heir Florida driver's License asidenificaion ae ¢ LS GD serie” a TER cms trancy hase rare Notary Public I [My Commission Expires: 100922 ae Gard apy Spee AN HISD Fame OCD EXHIBIT aeCEN # 106962958, OR BK 43877 Page 177, Page 1 of 1, Recorded 04/11/2007 at 7 07:56 AM, Broward County Commission, Doc. D $1260.00 Deputy Clerk 1016 “This Instrument Prepared by and Record and Retorn L. Peter Chontos, Esq, GLANIZ& GLANTZ, PA 7951 SW 6° St. Plantation, FI. 33632 “Telephone: (954) 424-1200 Property Tax Foliv No: 11126-14-08100 QUITCLAIM DEED ‘THIS QUITCLAIM DEED, execuied this 34 dey of April, 2007, benseen EUGENE McGIRT, a married naa, guoseyRoHtoffiey adress. fs 6198) Half Non Ors Por Orange, Fe=B2437, hereinafter he “BRANTOR™*, and JAMES Fi] ed haben | HINES, le mee seizes i Te ina. FL 330] haley (ERATE }.« @Wenew. is pho we fenp fGangin cia Idi “party” include allihe hn i i a ITNT < SEITNESSETHE tha thy sp GRAN TOR, fr grin consigersion of te sup of FEN qn QO/100 (510.00) Dot nap tepd oka wtehdeconsed tage tal mil fee i bo destegrhece s herby oi a id GRANTEE, es ll ent sthetherbinyllar or pl acknotyledycel dof Res easy dni lato the . lth sf, tide, interest, claim a8 deimatd whickrthe said GRANTOR as in following Uescrbedt lot, blece or pardel of land, situate, {ying and being in the County of Broward, State of Florida, to-wit: Lot 54, in Block 7, of MIRAMAR ISLES SECTION TWO, according to the Plat thereof, 25 recorded in Plat Buok $7, at Page 15, of the Public Records of Broward County, Florida / © This instrument is being prepared without henctt of ttle search examination, as requested by Ue Grantor, \ * The property described herein is not now, nor has it ever becn, the Homestead of the owner, the owner's spouse ‘or the owner's minor children, ifany. Nor is the property contiguous to their homestead which is at the address recited above. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thercunto belonging or in onywise appertaining, and all the estate, right, tile interest Hien equity and claim whatsoever of the said GRANTOR. ‘either in law oF equity, to the only proper use, bene(it and behoof ofthe said GRANTEE forever. IN WITNESS WHEREOF, the GRANTOR has hereunto executed these presents the day and year first above writen, STATE OF FLORIDA COUNTY OF BROWARD SS: LEREBY CERTIFY that on this day, before me, an officer duly authorized in che State and County aforesaid to administer oaths and take acknowledgments, personally appeared EUGENE MCGIRT, wha has produced Driver's License as idemification and did not ake an oath, but acknowledged before me whe execution of the foregoing instrument for the purposes therein expressed, WITNESS my hand and official seal inthe County ancl State last aforesuid this 3rd day of April, 2007, 7 7 ; os Nouy ps. hear ra Sor oFerss ‘NOTARY PUBLIC, STATE OF FLORIDA Seal MF ie Comntccnoeb SA _Cheesanasann Print Name My Commision expres : XHIBIT c1 front risk Date Taken: 3/14/2012 Taken By: Walter Tim Swope 1 JAMES_HINES address photo Date Taken: 3/14/2012 Taken By: Walter Tim Swope ROL Insurance Consulting 12157 W. Linebaugh Ave #346 Tampa, FL 33626 Office: (813) 854.3434. Toll Free: (866) 811.5444 Fax: (800) 576-0005 - EXHIBIT Pee Neer 3/18/2012 Page: 13HCI HOMEOWNERS CHOICE Insurance for Floridians by Floridians June 25, 2012 James Hines 3816 S. Lake Terrace Miramar, FL 33023 Re: Insured: James Hines Claim Number: 821089 Policy Number: 276483-1 Date of Discovery: 2/20/2012 Location of Loss: 3816 S Lake Ter., Miramar, FL 33023 Dear Mr. Hines: We wish to thank you for allowing us to inspect your property and have an engineering study conducted following the report of your claim to Homeowners Choice Property & Casualty Company. The investigation was completed by MCD Engineering. The report of your claim advised that you found cracking to the exterior and interior of the master bedroom wall. In response, Homeowners Choice Property & Casualty Insurance Company engaged the services of SDII Global Inc. to determine the cause of the claim. Following the completion of their studies, SDI! Global issued their report. A signed and sealed copy has been provided to you for your records. The report concluded the following. It is SDI’s opinion, within reasonable professional probability, that the observed damage to the main structure is most consistent with either the direct result, or the collateral effect, of differential foundation movement. The observed conditions are structurally significant, in that they compromise the load capacity of primary structural members or systems. The differential movement of the foundation can be attributed to soils within the upper 6 feet below land surface (bls) that have high organic contents by weight. Historical imagery! of the area indicates a history of dredging and filling at the location of the house and throughout the surrounding neighborhood. An historical image from 1957 shows unaltered swamp land in the vicinity of the house. The current Google Earth image shows the previously dredged canals. The spoil materials from these activities are commonly used to level the land surface prior to construction. Evidence of in-filling includes the limestone gravel that was identified in hand auger boring HA-3, as well as in the predominantly very loose conditions of the soils within the upper 10 feet bls across the site. It is SDII's opinion, within a reasonable professional probability, that sinkhole activity as defined by §627.706 Florida Statutes does not exist at the Hines residence. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE CO., INC. PO BOX 22967 +» TAMPA, FI. + 33622 CLAIMS PHONE: 877-235-5076 * CLAIMS FAX: 727-412-8305 EXHIBIT F tabblest-2- September 17, 2014 Please refer to page 6 Of 18, Section | — Perils Insured Against, of your Homeowners 3 Special Form Policy, HO 00 03 04 91, which states: SECTION | — PERILS INSURED AGAINST COVERAGE A— DWELLING and COVERAGE B — OTHER STRUCTURES We insure against risk of direct loss to property described in Coverages A and B only if that loss is a physical loss to property. We do not insure, however, for loss: 2. Caused by: e. Any of the following: (1) Wear and tear, marring, deterioration; (6) Settling, shrinking, bulging or expansion, including resultant cracking, of pavements, patios, foundations, walls, floors, roofs or ceilings; Please refer to page 8 of 18, Section | — Exclusions, which states: 1. We do not insure for loss caused directly or indirectly by any of the fallowing. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. b, Earth Movement and Settlement, meaning: (5) Earth sinking, rising or shifting; (8) Settling, cracking or expansion of foundations; or 2. We do not insure for loss to property described in Coverages A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not excluded or excepted in this policy is covered. c, Faulty, inadequate or defective: {1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (8) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance; of part or all of any property whether on or off the "residence premises Then refer to SINKHOLE LOSS Endorsement, HW 07 07 04 11, PAGE 1 of 3, which states: We insure the property covered under Section | for a “Sinkhole Loss” that occurs during the policy period. This endorsement is subject to the terms and conditions of the policy. DEFINITIONS The following definitions are added:-3- September 17, 2014 “Sinkhole activity” means settlement or systematic weakening of the earth supporting property only when settlement or systematic weakening results from movement or raveling of soils, sediments, or rock materials into subterranean voids created by the effect of water on limestone or similar rock formation. “Sinkhole Loss” means “Structural Damage” to the building, including foundation, caused by “sinkhole Activity”. Contents coverage shall apply only if there is “Structural Damage” to the building caused by “Sinkhole Activity’. a. The settlement or systematic weakening must result from movement or raveling of soils, sediments, or rock material into subterranean voids created by the effect of water on limestone or similar rock formations. 2. “Sinkhole loss” means actual physical damage caused by “Sinkhole Activity”. “Structural Damage “ for purposes of “Sinkhole Loss” coverage means: 1. Damage to a covered building, including the foundation, that prevents the primary structural members and/or primary structural systems from supporting the loads and forces that they were designed to support; and 2. Atleast one of the following: a. For buildings utilizing a concrete slab foundation, that horizontal surface mapping of the floor proves there is a vertical variance within the floor resulting from sinkhole related displacement that is greater than the maximum allowable vertical variance permitted by the current Florida Building Code of one half inch within a 10 foot horizontal distance; or b. For buildings utilizing wood floors members, that horizontal surface mapping of the floors proves there is a vertical variance within the floor resulting from sinkhole related displacement that is greater than the maximum allowable deflection permitted by current Florida Building Code. 3. “Structural Damage” for purposes of "Sinkhole Loss” coverage exists only if both 1. and 2. Above are satisfied. Based on the results of our investigation, we must respectfully inform you there is no coverage for your loss. This letter is not intended to be a full disclosure of all policy coverages, conditions and exclusions. For a full disclosure, we encourage you to refer to your copy of your insurance policy for complete details. Homeowners Choice Property & Casualty Insurance Company reserves each and every right that it has under and pursuant to this policy of insurance. Neither you, nor anyone acting on your behalf, should construe any statements or actions, either previously or in the future, by Homeowners Choice Property & Casualty insurance Company, or any of its agents, attorneys or representatives, to constitute a waiver of any rights given to Homeowners Choice Property & Casualty Insurance Company under this policy of insurance, nor is it the purpose of this letter to waive any of the policy terms and/or conditions. Please be advised that by issuing this declination of coverage for the sinkhole loss, it is not the intent of Homeowners Choice Property & Casualty Insurance Company to waive any of the rights and privileges afforded to it under the policy issued to you, and Homeowners Choice Property & Casualty Insurance Company hereby continues to reserve those rights and privileges-4- September 17, 2014 If you should have any additional questions, or have any other information you would like us to consider in regards to this claim, please contact the undersigned at the phone number shown below. Sincerely, Steven Kelley ChFC Senior Claims Examiner 813-405-3253 Cc; Bruening Insurance Agency Inc. If this document contains an excerpt from a Home Owners Choice Property & Casualty Insurance Co. Policy { “the Policy”) it is proved here for informational purposes only. This excerpt is not the official version of the policy. The official version of the policy is the policy issued to the insured on the policy effective date. In the event there is inconsistency between this document and the Policy, the Policy shall serve as the official version. F.S, 817.234(1)(b) Any person who knowingly and with intent to injure, defraud, or deceive any insure files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.ATLANTIC COAST CONSULTANTS, LLC PUBLIC ADJUSTERS FAX D FS Sinkhole Znsurane to Claims Request FROM erie Naver rax: ¥SO- 48K -6372 paces: PHONE: DATE: o2/o Ale REDncured 2 James Hinds ce Claimtt SAIOSF urcent [7 |rorreview [| pueasecomment [| PLEASE REPLY [7] puease recycie COMMENTS: — Sin Khele Tasurancee Clarme Reg west for Newterl Evaluation. 7 Please feel to Contact me shoudd you have any quettions — Than [e a? Canes Nayer 305-972-2673 13899 BISCAYNE BLVD SUITE 149, NORTH MIAMI BEACH FLORIDA 33181 OFFICE 305-354-2881 FAX 305-354-2880 TOLL free 877-561-2524 EXHIBIT G tabblestDEPARTMENT OF FINANCIAL SERVICES Division of Consumer Services ~ Bureau of Education, Advocacy & Research SINKHOLE INSURANCE CLAIMS REQUEST FOR NEUTRAL EVALUATION Section 627.7074 F.S. and Chapter 69J-8 F.A.C. To be completed by the policyholder or insurance company representative, Insured(s) Name: Jam ey ines Insurance Company Name: Hom & Own ers Choice Policy Number: 2 76 4 83-] ClaimNumber: _9 2/0949 Insured Contact Information: Home Phone: (I54% Y83-OS 2] Work Phone: _( ) CellPhone: _(4S4) 6/S-7772& mail Address: Insured Property Address: sweet: 32/6 S. Lake Terrace City: Miramar State FL Zip) 33003 - County: _ Kre ward. Mailing Address (if different): ls the insured represented by: [[] Attorney x Pubic Adjuster PA License #: P 16 a 4 4 3 If yes: Representative Name: Cael of A. Nayor Atlantic: Coast Consus [taaty £Le sweet {2844 Bircayne Blud,/Suite FP 144 Ci: Ne. Miami Beach State: F/orida Zip: 33/F/—— - Phone #: 3os) 4 -aé73 Email Address: earlosnayor @ accadjysters.ce. Insurance Company Contact Information: Representative Name: M re Steve K e / by Street: PO Box 23967 City: Ta mon State: FL Zip: 336A - Phone# (9/3) YOS-34S3 Email Address: SKelley @HCPIT,com Party Making Request: Gi insurer or its Representative & Insured or their Representative Reason for Request: Sinkhole Claim Denial C1 Sinkhole Remediation Method Sinkhole Report Issued?: Yes ONo Name of Individual and Firm that Issued the Report: S DIL C/o Aa | Core oO rat} tn issues in Dispute: . Eenject # Bolles A done by Me, Sam Upchurch £ ate = d m4 Cana y cuns 30 £eet Lehind oa property, Home oe Severe 6 alony exterior w sel dick acd interior Faces sad ceilings, Important Notice: You are entitled to Neutral Evaluation pursuant to Section 627.7074, F.S., which sets forth a procedure promoted by the critical need for effective, fair and timely handling of sinkhole insurance disputes. The procedure is available to those first party claimants who have unresolved sinkhole insurance claims resulting from damage to property located in Florida. This procedure does not apply to private passenger motor vehicle insurance or to liability coverage cantained in property insurance policies, as well as National Flood Insurance Program policies. Requesting Party Name: Cai log A : Nayor Date: $ taply 7 02106113 DFS-I4-1784 Rev. 07/2014ATLANTIC COAST CONSULTANTS, LLC PUBLIC ADJUSTERS FAX i DES S jnKhele TDarsuranw to Claims KReguest trom. Carlos Nayor | PAX YSO~48F-G37a paces: ob PHONE: DATE: OQ lia [12 RETrswred: Tamet Hinds c:Claint SAlOF 1 | [J urcenr [___]rorreview [_] pieasecomment [| pueasenepiy [| PLEASE RECYCLE COMMENTS: oe Selection For Neutra | Evaluation Than K yess Carles Nave 7 ZoS-4A71~ Ab ioe 13899 BISCAYNE BLVD SUITE 149, NORTH MIAMI BEACH FLORIDA 33181 L OFFICE 305-354-2881 FAX 305-354-2880 TOLL free 877-561-2524 ™ : EXHIBIT eee ented tabbiest° ATLANTIC COAST CONSULTANTS, LLC. SFY Public Adjusters February 19, 2013 Insured: James Hines DOL: 02/20/2012 Policy#: 276483-1 Claim#: 821089 SRN# : 1-767155504 To the Neutral Evaluation Team: At this time, I am forwarding the name of the neutral evaluator we are selecting for this process. For the insured, our selection is; Mr. Darrell Hanecki 17633 Gunn Hwy Bldg 119 Odessa, FL 33556 (813)926-8230 Dhanecki@hanecki.com Please feel free to contact me should you have any further questions. Sincerely, OT ae Carlos Nayor, PA carlosnayor@accadjusters.com 305-979-2673 cell 305-354-2880 fax 13899 Biscayne Boulevard Suite 149, North Miami Beach Florida 33181 Office 305-354-2881 Fax 305-354-2880 Toll Free 877-899-0021F Fomnownnns CHOICE PROPERTY & CasuALIY Insurance Comrany, Inc. October 28, 2013 James Hines 3816 S. Lake Ter Miramar, FL 33023 Re: Insured: James Hines Policy: HCPC-HO3-276483-1 DOL: February 20, 2012 Claim: 821089 Dear Mr. Hines: We received the Neutral Evaluator’s Report from Darrell Hanecki, P.E.; it appears the neutral evaluator is in general agreement with the findings and conclusions of the SDI! Global Corporation investigation at the Hines property. The report received by Darrell Hanecki, P.E. states in part: It is their opinion that sinkhole activity was not identified at the Hines residence. The disparity in soil conditions between SDII boring B-3 and HCE boring B-1 may be the result of high variability in subsurface conditions across the site, or the transposing of boring designations between SDII’s B-2 and B-3. The SDII conclusions relative to causes of -—_____—_—-damage-are-appropriate- Based on the findings by SDI] Global Corporation and Darrell Hanecki, P.E., we must respectfully reaffirm our prior denial. Sincerely, \. Michelle Stroyan Senior Claims Examiner Enclosure: SDIi Report and Darrell Hanecki, P.E. Report HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. Post Office Box 22967 | Tampa, Florida 33622 EXHIBIT Claims Phone: 877.235.5076 | Claims Fax: 813.443.0830 | www.hepci.com T tabbies*December 12, 2013 Page 2 of 2 If this document contains an excerpt from a Home Owners Choice Property & Casualty Insurance Co. Policy (“the Policy”) It is proved here for informational purposes only. This excerpt is not the official version of the policy. The official version of the policy is the policy issued to the insured on the policy effective date. In the event there is inconsistency between this document and the Policy, the Policy shall serve as the official version. FS, 817.234(4)(b) Any person who knowingly and with Intent to injure, defraud, or deceive any insure files a statement of clalm or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.Case Number: CACE-14-016655 Division: 02 Filing # 17576988 Electronically Filed 08/27/2014 12:54:38 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD,COUNTY, FLORIDA CASE NO: DEBRA HINES, © Plaintiff, : CIVIL SUMMONS VS. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., a Florida corporation Defendant. THE STATE OF FLORIDA: To Each Sheriff of Said State: oF YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition, and accompanying interrogatories and request for production, in this action on defendant: HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., by serving: : ot. GR SB Chief Financial Officer Service of Process Section 200 East Gaines Street Tallahassee, FL 32399-0000 Each defendant is required to serve written defenses to the complaint or petition on5B fe attorney, to wit! RYAN H. SHERMAN, ESQ., whose address is SHERMAN LAW, PAS, 4009 Hollywood Blvd., #265-S, Hollywood, FL 33021, phone: (954) 894-8000, fax: (305): 397- 1725, within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the Clerk of this Court either before service on Plaintiffs’ attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. DATED ON AUG 27 2014 as Clerk of said Court by 7 (Court Seal) ‘*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/27/2014 12:54:37 PM.****