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Case Number: CACE-21-009649 Division: 14
Filing # 126775308 E-Filed 05/13/2021 03:49:00 PM
IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO:
RICARDO ALVAREZ,
Plaintiff,
vs.
CITIZENS PROPERTY INSURANCE CORPORATION,
Defendant.
COMPLAINT
COMES NOW the Plaintiff, RICARDO ALVAREZ, by and through its undersigned
counsel, and sues the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, and
would allege as follows:
GENERAL ALLEGATIONS
1. This is an action for damages greater than the sum of EIGHT THOUSAND
($8,000.00) and less than the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive
of interest, costs and attorney’s fees, and otherwise within the jurisdictional limits of this Court.
2. At all times material hereto, Defendant, CITIZENS PROPERTY INSURANCE
CORPORATION, is a Florida corporation authorized and doing business in BROWARD
COUNTY, FLORIDA.
3. At all times material hereto, Plaintiff, RICARDO ALVAREZ, owns property
insured by Defendant located at 6771 FREEDOM STREET, HOLLYWOOD, FLORIDA, 33024,
BROWARD COUNTY, FLORIDA.
Page 1 of 4
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/13/2021 03:48:57 PM.****4. Venue is proper in BROWARD County, Florida pursuant to Florida Statute 47.011,
because the cause of action upon which these allegations are based accrued in BROWARD
County, Florida, and the property at issue is located in BROWARD County, Florida.
5. That Plaintiff was insured at the time of loss, on November 6, 2019, under
Defendant’s insurance policy number 03520399-1.
6. A true and correct copy of the insurance policy is attached hereto as Exhibit “A”.
7. Plaintiff paid all insurance premiums, performed all post loss conditions, and
performed all conditions precedent. In the alternative, all conditions precedent have been waived.
8. On or about November 6, 2019, Plaintiff suffered a loss due to water discharge in
the kitchen, a covered peril under the Policy involving the Property.
9. Defendant acknowledged receipt for the Loss as claim number HEE 1 and
assigned an insurance adjuster to adjust the Loss.
10. Plaintiff provided Defendant with a damage estimate for a covered loss.
lL. Defendant was given timely notice of the loss and investigated the claim
including inspecting the property and estimating the damage and was not prejudiced in its
investigation.
12. Defendant rejected the total amount of damages and completely denied coverage.
COUNT I - BREACH OF CONTRACT
13. Plaintiffs reaver, readopt and reallege the allegations contained in Paragraphs 1
through 12 of this Complaint, and as a first cause of action, would further allege:
14. That the policy provides coverage for direct physical loss to the Plaintiff's
property due to water discharge in the kitchen mentioned herein.
Page 2 of 415. That the Plaintiff sustained unpaid damages that is a covered loss under the
Defendant’s policy of insurance.
16. That the Plaintiff demanded the Defendant honor its contractual obligation and
pay for the unpaid damages to the insured property.
17. That the Defendant’s representative sent a letter to the Plaintiff denying coverage
of the claim.
18. That as a result of Defendant’s breach of contract, Plaintiff sustained damage to
the insured property.
19. That Defendant refuses to honor its contractual obligations to be a protector of
Plaintiff’s assets and pay for the covered loss.
20. That Plaintiff has further had to retain the undersigned attorney and agreed to pay
him a reasonable fee for which the Defendant is liable under § 627.428.
21. Florida Statute 627.428(1) states:
Upon the rendition of a judgment or decree by any of the courts of this state against
an insurer and in favor of any named or omnibus insured or the named beneficiary
under a policy or contract executed by the insurer, the trial court or, in the event of
an appeal in which the insured or beneficiary prevails, the appellate court shall
adjudge or decree against the insurer and in favor of the insured or beneficiary a
reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney
prosecuting the suit in which the recovery is had.
WHEREFORE, Plaintiffs demand judgment against Defendant, plus costs, prejudgment
interest and attorney’s fees pursuant to Florida Statute § 627.428.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues so triable.
Page 3 of 4DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516
Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice
of designation of email address for the purpose of service of all documents required to be served
in this proceeding: pleadings@thepropertyadvocates.com: team3@thepropertyadvocates.com.
DATED this May 13, 2021.
Respectfully submitted,
THE PROPERTY ADVOCATES, P.A.
Attorneys for Plaintiff
2525 Ponce De Leon Boulevard, Suite 600
Coral Gables, FL 33134
Primary Direct Line: (786) 903-6354
Telephone: (786) 430-0882
Facsimile: (305) 459-1589
Primary E-Service: pleadings@thepropertyadvocates.com.
Secondary E-mail: team3@thepropertyadvocates.com
Email: cnarchet@thepropertyadvocates.com
By:
CHRISTOPHER A. NARCHET, ESQUIRE
FLORIDA BAR NO.: 127176
ROMINA MESA, ESQUIRE
FLORIDA BAR NO.: 127392
DANIELA LEYVA, ESQ.
FLORIDA BAR NO.: 1012173
Page 4 of 4EXHIBIT “A”CITIZENS PROPERTY INSURANCE CORPORATION
A 301 W BAY ST
citi ZENS JACKSONVILLE FL 32202
PROPERTY INSURANCE CORPORATION
Homeowners HO-3 Special Form Policy - Declarations
POLICY NUMBER: 03520399 - 1 POLICY PERIOD: FROM — 09/26/2019 TO 09/26/2020
at 12:01 a.m. Eastern Time at the Location of the Residence Premises
Transaction: AMENDED DECLARATIONS Effective: 09/26/2019
Named Insured and Mailing Address: Location Of Residence Premises: Agent: Fl. Agent Lic. #: W310229
First Named Insured: 6771 FREEDOM ST CONSUMERS CHOICE UNDERWRITERS
RICARDO ALVAREZ HOLLYWOOD FL 33024-2827 INC
6771 FREEDOM ST County:BROWARD GIOVANNI GUTIERREZ
HOLLYWOOD, FL 33024-2827 3600 RED ROAD SUITE 601-A
Phone Number: 786-637-1342 MIRAMAR, FL 33025
Phone Number: 954-688-0010
Primary Email Address: Citizens Agency ID#: 29287
RICARDOA66@HOTMAIL.COM
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: $10,100 (5%)
LIMIT OF LIABILITY ANNUAL PREMIUM
SECTION | - PROPERTY COVERAGES $3,085,
A. Dwelling : $202,000
B. Other Structures: $0
C. Personal Property: $50,500
D. Loss of Use: $20,200
SECTION II - LIABILITY COVERAGES
E. Personal Liability: $100,000 $17
F. Medical Payments: $2,000 INCLUDED
OTHER COVERAGES
Ordinance or Law Limit (25% of Cov A) (See Policy) Included
SUBTOTAL: $3,102
Florida Hurricane Catastrophe Fund Build-Up Premium: $52
Premium Adjustment Due To Allowable Rate Change: ($388)
MANDATORY ADDITIONAL CHARGES:
Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2
Tax-Exempt Surcharge $48
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $2,816
The portion of your premium for:
Hurricane Coverage is $709 Non-Hurricane Coverage is $2,057
Authorized By: GIOVANNI GUTIERREZ Processed Date: 10/15/2019
DEC HO3 01 19 First & Additional Named Insured Page 1 of 4CITIZENS PROPERTY INSURANCE CORPORATION
A 301 W BAY ST
citi ZENS JACKSONVILLE FL 32202
PROPERTY INSURANCE CORPORATION
Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 03520399 - 1 POLICY PERIOD: FROM 09/26/2019 TO 09/26/2020
First Named Insured: RICARDO ALVAREZ at 12:01 a.m, Eastern Time at the Location of the Residence Premises
Forms and Endorsements applicable to this policy:
CIT 04 86 08 18, CIT 04 85 08 18, CIT 24 07 08, CIT 04 12 02 16, CIT HO-3 02 19, CIT 23 70 07 08, CIT 04 96 02 16
Rating/Underwriting Information
Year Built: 1968 || Protective Device - Burglar Alarm: No|
Town / Row House: No] Protective Device - Fire Alarm: No
Construction Type: Masonry || Protective Device - Sprinkler: None|
BCEGS: Ungraded } No Prior Insurance Surcharge: No
Territory / Coastal Territory: 035 / 00} Terrain: Cc
‘Wind / Hail Exclusion: No] Roof Cover: Non-FBC Equivalent
459]| Roof Cover - FBC Wind Speed: N/A}
Municipal Code - Fire: 459] Roof Cover - FBC Wind Design: N/A
Occupancy: Owner Occupied || Roof Deck Attachment: Level C
Use: Primary ] Roof-Wall Connection: Single Wraps
Number of Families: 1|| Secondary Water Resistance: Unknown
Protection Class: 1|| Roof Shape: Gable’
Distance to Hydrant (ft.): 600 || Opening Protection: None
Distance to Fire Station (mi.): 1
A premium adjustment of ($748) is included to reflect the building's wind loss mitigation features or construction techniques that exists.
A premium adjustment of $0 is included to reflect the building code effectiveness grade for your area. Adjustments range from a 2%
surcharge to a 13% credit.
The Total Charge For This Endorsement is $109
ADDITIONAL NAMED INSURED(S)
Name Address
ERIDANIA NUNEZ DE
ALVAREZ 6771 FREEDOM ST HOLLYWOOD, FL 33024-2827
ADDITIONAL INTEREST(S)
# Interest Type Name and Address Loan Number
1ST FINANCIAL INC ISAOA ATIMA
1111 BENFIELD BLVD STE 106 MILLERSVILLE, MD 21108-3003 Lilet
1 1st Mortgagee
DEC HO3 01 19 First & Additional Named Insured Page 2 of 4CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY ST
Cor ZE N S JACKSONVILLE FL 32202
PROPERTY INSURANCE CORPORATION
Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 03520399 - 1 POLICY PERIOD: FROM 09/26/2019 TO 09/26/2020
First Named Insured: RICARDO ALVAREZ at 12:01 a.m, Eastern Time at the Location of the Residence Premises
FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE
FOR HURRICANE LOSSES, WHICH MAY RESULT
IN HIGH OUT-OF-POCKET EXPENSES TO YOU.
YOUR POLICY PROVIDES COVERAGE FORA
CATASTROPHIC GROUND COVER COLLAPSE THAT
RESULTS IN THE PROPERTY BEING CONDEMNED AND
UNINHABITABLE. OTHERWISE, YOUR POLICY DOES
NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES.
YOU MAY PURCHASE ADDITIONAL COVERAGE FOR
SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.
LAW AND ORDINANCE: LAW AND ORDINANCE
COVERAGE IS AN IMPORTANT COVERAGE
THAT YOU MAY WISH TO PURCHASE. PLEASE
DISCUSS WITH YOUR INSURANCE AGENT.
DEC HO3 01 19 First & Additional Named Insured Page 3 of 4CITIZENS PROPERTY INSURANCE CORPORATION
A 301 W BAY ST
citi ZENS JACKSONVILLE FL 32202
PROPERTY INSURANCE CORPORATION
Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 03520399 - 1 POLICY PERIOD: FROM 09/26/2019 TO 09/26/2020
First Named Insured: RICARDO ALVAREZ at 12:01 a.m, Eastern Time at the Location of the Residence Premises
FLOOD INSURANCE: YOU MAY ALSO NEED TO
CONSIDER THE PURCHASE OF FLOOD INSURANCE.
YOUR HOMEOWNER'S INSURANCE POLICY DOES
NOT INCLUDE COVERAGE FOR DAMAGE RESULTING
FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN
CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE
FLOOD INSURANCE COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE
DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD
INSURANCE COVERAGE WITH YOUR INSURANCE AGENT.
TO REPORT ALOSS OR CLAIM CALL 866.411.2742
IN CASE OF LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES SOLELY TO PROTECT
THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS.
PROMPT NOTICE OF THE LOSS MUST BE GIVEN TO US OR YOUR INSURANCE AGENT. EXCEPT FOR REASONABLE
EMERGENCY MEASURES, THERE IS NO COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF: (A) 72 HOURS
AFTER WE ARE NOTIFIED OF THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVAL
BY US.
THIS POLICY CONTAINS LIMITS ON CERTAIN COVERED LOSSES, ALL SUBJECT TO THE TERMS AND CONDITIONS OF YOUR
POLICY. THESE LIMITS MAY INCLUDE A $10,000 LIMIT ON COVERAGE FOR COVERED LOSSES CAUSED BY ACCIDENTAL
DISCHARGE OR OVERFLOW OF WATER OR STEAM FROM SPECIFIED HOUSEHOLD SYSTEMS, SEEPAGE OR LEAKAGE OF
WATER OR STEAM, CONDENSATION, MOISTURE OR VAPOR, AS DESCRIBED AND INSURED IN YOUR POLICY (HEREAFTER
COLLECTIVELY REFERRED TO AS ACCIDENTAL DISCHARGE OF WATER IN THIS PARAGRAPH). AS ANOTHER EXAMPLE, THERE
IS ALSO LIMIT OF $3,000 APPLICABLE TO REASONABLE EMERGENCY MEASURES TAKEN TO PROTECT COVERED PROPERTY
FROM FURTHER DAMAGE BY ACCIDENTAL DISCHARGE OF WATER. THE AMOUNT WE PAY FOR THE NECESSARY REASONABLE
EMERGENCY MEASURES YOU TAKE SOLELY TO PROTECT COVERED PROPERTY FROM FURTHER DAMAGE BY ACCIDENTAL.
DISCHARGE OF WATER WILL BE DEDUCTED FROM THE $10,000 LIMIT ON COVERAGE FOR ACCIDENTAL DISCHARGE OF
WATER.
INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND/OR AGENTS TO ASSIST
THEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS.
PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. IF YOU ARE UNABLE TO
CONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT 866.411.2742.
DEC HO3 01 19 First & Additional Named Insured Page 4 of 4HOMEOWNERS
CIT 04 12 02 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION OF COVERAGE B - OTHER STRUCTURES
FOR USE IN CITIZENS FORM CIT HO-3 And CIT HO-8
SECTION I - PROPERTY COVERAGES
B. COVERAGE B - OTHER STRUCTURES
Coverage B - OTHER STRUCTURES in your
policy is deleted.
Coverage B is excluded from your Policy. We do
not cover loss or damage to other structures on
the "residence premises" set apart from the
dwelling by clear space.
This includes structures connected to the
dwelling by only a fence, utility line, or similar
connection.
All other provisions of this Policy apply.
CIT 04 12 02 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permissionHOMEOWNERS.
CIT 04 85 08 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TO REPORT A LOSS OR CLAIM CALL 866.411.2742
EMERGENCY WATER REMOVAL SERVICES
The services described in this “Endorsement” allow us at our option and with your consent to provide a “Contractor(s)”
who will provide necessary reasonable emergency water removal services, as described below, solely to
protect your covered property under Coverage A, Coverage B and Coverage C from further damage.
Your Policy has specific requirements about notifying us in the event of direct physical loss or damage to property,
which are found in SECTION I -CONDITIONS, Condition B. Duties After Loss.
Should you have concerns regarding your “Contractor” at any time during the process of emergency water removal
provided under this “Endorsement”, you may directly contact your Citizens’ claim representative at the telephone
number provided to you, or call our toll free Call-Center at 866-411-2742 and a representative will be available to
discuss your concerns.
CONSENT
At our option and with your consent to participate in the
services provided under this “Endorsement”, the
following provisions of the Policy are either added or
amended.
Your consent provided on or after reporting a claim of
loss or damage and the provisions of this “Endorsement”
are only for that reported claim of loss or damage.
The provisions of this “Endorsement” do not apply to any
subsequent claim of loss or damage, unless we opt to
participate in the services provided under this
“Endorsement” and you provide another consent as
described above.
AGREEMENT
The following is added:
In the event of a direct physical loss to property covered
under Coverage A, Coverage B or Coverage C located
on the "residence premises" caused by accidental
discharge or overflow of water or steam from within a
plumbing, heating, air conditioning or automatic fire
protective sprinkler system or household appliance, we
will dispatch a “Contractor” of our choice to provide only
necessary reasonable emergency water extraction and
drying services solely to protect property from further
damage, as provided under this “Endorsement”.
The following applies:
1. The services provided under this “Endorsement”
are limited to only necessary reasonable emergency
water extraction and drying services made solely to
protect property from further damage.
CIT 04 85 08 18
Includes copyrighted material of Insurance Services Office, Inc.,
2. Subject to the terms of this “Endorsement”, the
limited services under 1. above are also provided
when, as described in and covered under
paragraphs A.2.b.(6) and (9) under SECTION I —
PERILS INSURED AGAINST A. Coverage A —
Dwelling And Coverage B — Other Structures and
as described in and covered under B. Coverage
Cc — Personal Property, Peril 12., direct physical
loss to property covered under Coverage A,
Coverage B or Coverage C located on the "residence
premises" is caused by:
a. Constant or repeated seepage or leakage of
water or steam; or
b. The presence or condensation of humidity,
moisture or vapor.
3. The services provided under this “Endorsement”
do not include any replacement, repair or the
rebuilding of the dwelling or other structures and
do not include any replacement, repair or the
rebuilding of the dwelling or other structures
necessary to perform the emergency water
extraction and drying services.
When such replacement, repair or the rebuilding is
necessary, all other provisions of your Policy
apply.
4. SECTION I - CONDITIONS, Condition I. Our
Option in CIT HO-3 does not apply to the services
we or the “Contractor” provide under this
“Endorsement”.
5. Your deductible does not apply to the services
provided under this “Endorsement”.
Page 1 of 3
with its permission6. Any payment for emergency water removal
services provided under this “Endorsement” will
not be deducted from the $3,000 limit under
SECTION | - PROPERTY COVERAGES F.1.
Reasonable Emergency Measures and will not be
deducted from the $10,000 limit on coverage
under SECTION I — PERILS INSURED AGAINST
A. Coverage A - Dwelling And Coverage B —
Other Structures paragraphs A.3. and A.5., in CIT
HO-3.
All other covered emergency water removal
services not provided under this “Endorsement”,
after application of any applicable deductible, will be
included in and limited to the $3,000 limit under
Section | -— PROPERTY COVERAGES F.1.
Reasonable Emergency Measures which will be
deducted from the $10,000 limit on coverage
provided in paragraphs A.3. and A.5. under
SECTION I - PERILS INSURED AGAINST A.
Coverage A - Dwelling And Coverage B — Other
Structures.
7. This “Endorsement” does not increase any limit of
liability applicable to the damaged covered
property.
8. We will make payment directly to the “Contractor” as
described in SECTION I - CONDITIONS, Condition
J. Loss Payment in CIT HO-3 for services the
“Contractor” provides under this “Endorsement”.
9. Any services provided under this “Endorsement”
for loss or damage that is not covered under your
Policy does not cause or create coverage.
DEFINITIONS
The following definition is added:
The term “Endorsement” shall mean “form CIT 04 85”
and shall mean “form CIT 04 85” in the paragraph(s)
added or replaced in CIT HO-3 under this
“Endorsement”.
The following definition is added regarding the services
provided by the “Contractor” under this “Endorsement”:
“Contractor” means a person, entity or company,
including their employees, agents, representatives
and general or specialty contractors who is a member
of the network engaged by Citizens to provide the
services under this “Endorsement”.
Page 2 of 3
Includes copyrighted material of Insurance Services Office, Inc.,
SECTION | - CONDITIONS
Condition B. Duties After Loss
The following paragraphs are added to Condition B.
Duties After Loss in CIT HO-3:
Your duties under Condition B. Duties After Loss
in CIT HO-3 apply, whether under this
“Endorsement” you or your representative:
41. Prevent the “Contractor” from providing or
completing the services, or
2. Have another party perform or contract to
perform a duty on your behalf.
The services provided under this “Endorsement”
are not a loss inspection. All conditions stipulated
in SECTION I - CONDITIONS, Condition B. Duties
After Loss, paragraph B.1. in CIT HO-3 apply.
Our option and your consent to participate in the
services provided under this “Endorsement” are
material parts of this “Endorsement”. Under no
circumstances does this “Endorsement” relieve you
or us of any duties and obligations under the Policy
not specifically amended, added or deleted in this
“Endorsement”.
SECTION | AND II —- CONDITIONS
Condition |. Notification Regarding Access
The following is added to Condition I. Notification
Regarding Access in CIT HO-3 as regards this
“Endorsement”.
Our offer and your consent to participate in the
EMERGENCY WATER REMOVAL SERVICES
“Endorsement” requires our agreement to a mutual
schedule with you and your permission for Citizens, its
designated representative(s) and the “Contractor” to
enter the “Residence Premises” at the address
designated in your Declarations as the Location of
Residence Premises, for the purpose of inspecting your
loss and providing the services under this
“Endorsement”.
If there is no permission or agreement, this
“Endorsement” does not apply and all other
provisions of your policy apply.
CIT 04 85 08 18
with its permissionTERMINATION OF CONSENT
1. If you have consented to participate in this
“Endorsement”, you may withdraw your consent by
Notifying us any time prior to you signing any
authorization(s) provided by the “Contractor” for
emergency water removal services. In this event, the
“Endorsement” is no longer applicable, and all other
provisions of your Policy apply.
2. If you or your representative notify us or the
“Contractor” to stop providing the services or you or
your representative prevent the “Contractor” from
providing or completing the services, this constitutes
termination of your consent to the services provided
under this “Endorsement”.
In this event, this “Endorsement” no longer applies,
and instead all other provisions of your Policy apply.
Additionally, the following also applies:
a. All duties required under SECTION | —
CONDITIONS, Condition B. Duties After Loss
in CIT HO-3 will apply, which may include
water removal if needed. However, we will make
payment directly to the “Contractor” as described
in SECTION I - CONDITIONS, Condition J. Loss
Payment in CIT HO-3 for any services the
“Contractor” provides under this “Endorsement”.
b. The deductible described under SECTION I —
CONDITIONS, Condition R. Deductible in CIT
HO-3 will apply, except we will not apply a
deductible to any part of our loss settlement
with you that represents the payment we make
to the “Contractor” for the services the
“Contractor” provides under this
“Endorsement”.
POLICY PROVISIONS
The following are added:
This “Endorsement” does not cover any services
you or your representative obtain from other
providers or contractors. Instead all other
provisions of your Policy apply regarding the
services you or your representative obtain from
other service providers or contractors.
We will make payment directly to the “Contractor” as
described in SECTION I - CONDITIONS, Condition
J. Loss Payment in CIT HO-3 for services the
“Contractor” provides under this “Endorsement”.
CIT 04 85 08 18 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3
with its permissionHOMEOWNERS.
CIT 04 86 08 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TO REPORT A LOSS OR CLAIM CALL 866.411.2742
MANAGED REPAIR CONTRACTOR NETWORK PROGRAM
The Program described in this “Endorsement” allows us at our option and with your consent to provide a
“Contractor(s)” who will make covered repairs to your dwelling and other structures, covered under Coverage A or
B, when damage or loss is from a covered peril as described in your Policy.
Your Policy has specific requirements about notifying us, in the event of direct physical loss or damage to property,
which are found in SECTION I — CONDITIONS, Condition B. Duties After Loss.
Should you have concerns regarding your “Contractor” at any time during the repair, replacement or rebuilding
process provided under this “Endorsement”, you may directly contact your Citizens’ claim representative at the
telephone number provided to you, or call our toll free Call-Center at 866-411-2742 and a representative will be
available to discuss your concerns.
CONSENT
At our option and with your consent to participate in the
MANAGED REPAIR CONTRACTOR NETWORK
PROGRAM (e.g. the Program), the following provisions
of the Policy are either added or amended.
Your consent provided on or after reporting a claim of
loss or damage and the provisions of this “Endorsement”
are only for that reported claim of loss or damage.
The provisions of this “Endorsement” do not apply to any
subsequent claim of loss or damage, unless we exercise
our option to utilize the Program and you provide
another consent as described above.
AGREEMENT
The following is added:
In the event of a direct physical loss to property covered
under Coverage A or Coverage B located on the
“residence premises’, we will at our option and with your
consent provide you an estimate of covered loss and a
“Contractor” to repair, replace or rebuild the damaged
property included in the estimate of covered loss, as
provided under this “Endorsement” and your Policy.
1. The Program will include an original estimate of
covered loss we or the “Contractor” provide as
described above and as necessary, a revised
estimate(s) describing any additional covered
loss or damages discovered during the repair,
replacement or rebuilding of property covered
under Coverage A or Coverage B that are not
included in the original estimate of covered loss.
Together, they are your estimate of covered loss.
CIT 04 86 08 18
Includes copyrighted material of Insurance Services Office, Inc.,
2. Regarding covered loss or damage to property
covered under Coverage A or Coverage B, the
following applies:
a. As a participant in the Program under this
“Endorsement”, you will enter directly into a
contract with the “Contractor” for the repairs,
replacement or rebuilding of the damaged
property covered under Coverage A or
Coverage B included in the estimate of
covered loss that we or the “Contractor”
provide you under this “Endorsement”.
b. Payment under the contract described in
paragraph 2.a. above will be made to the
“Contractor” as described in SECTION I —
CONDITIONS, Condition J. Loss Payment, for
the repairs, replacement or rebuilding of
damaged property covered under Coverage A
or Coverage B in the estimate of covered loss,
less any applicable deductible.
3. Any dispute between you and us, regarding
amount of covered loss which includes scope of
damages of property covered under Coverage A or
B in the estimate of covered loss provided to you
under this “Endorsement”, is subject to SECTION
1- CONDITIONS, Condition F.2. Appraisal.
The Appraisal may be requested by you or by us.
Page 1 of 4
with its permission4, This “Endorsement” does not increase the limit of
liability or any other limit that applies to the
covered property.
However, if at our option we offer and you consent
to participate in the Program, or prior either to your
incurring any costs for covered repairs or your
starting any covered repairs, you request and we
do not offer the Program to you, the $10,000 limit
on coverage set forth in paragraphs A.3. and A.5.
in CIT HO-3 under Section | — Perils Insured
Against, A. Coverage A — Dwelling And Coverage
B — Other Structures does not apply.
In the event the $10,000 limit on coverage does
not apply, the Coverage A Limit Of Liability or
Coverage B Limit Of Liability, applicable to the
damaged covered property, is the most we will
pay as provided in your Policy.
5. This “Endorsement” does not in any manner alter
or change the deductible provision in your Policy.
DEFINITIONS
The following definition is added:
The term “Endorsement” shall mean “form CIT 04 86”
and shall mean “form CIT 04 86” in the paragraph(s)
added or replaced in CIT HO-3 under this
“Endorsement”.
The following definition is added regarding the repair,
replacement or rebuilding of property covered under
Coverage A or Coverage B made by the “Contractor”
under this “Endorsement”:
“Contractor” means a person, entity or company,
including their employees, agents, representatives and
general or specialty contractors who is a member of the
network engaged by Citizens to provide the repair,
replacement or rebuilding of property covered under
Coverage A or B and the estimate of covered loss under
this “Endorsement”.
Page 2 of 4
Includes copyrighted material of Insurance Services Office, Inc.,
SECTION | - CONDITIONS
Condition B. Duties After Loss
The following paragraphs are added to B. Duties After
Loss in CIT HO-3:
Your duties under Condition B. Duties After Loss in
CIT HO-3 apply, whether under this “Endorsement”
you or your representative:
1. Notify us or the “Contractor” to stop repairs,
replacement or rebuilding of property covered
under Coverage A or B;
2. Prevent the “Contractor” from providing or
completing the repairs, replacement or rebuilding
of property covered under Coverage A or B, or
3. Have another party perform or contract to perform
a duty on your behalf.
Our option and your consent to participate in the
Program provided under this “Endorsement” are
material parts of this “Endorsement”. Under no
circumstances does this “Endorsement” relieve you
or us of any duties and obligations under the Policy
not specifically amended, added or deleted in this
“Endorsement”.
Condition C. Loss Settlement
The following paragraphs are added to Condition C. Loss
Settlement in CIT HO-3 regarding the repair,
feplacement or rebuilding of property covered under
Coverage A or Coverage B under this “Endorsement”:
If the “Contractor” provides under this
“Endorsement”, repairs, replacement or the
rebuilding of property covered under Coverage A or
Coverage B for covered loss or damage caused by
a peril insured against, Condition C. Loss Settlement
paragraph C.2.d. in CIT HO-3 will not apply.
For all remaining loss or damage that is not repaired,
replaced or rebuilt under this “Endorsement”, this
“Endorsement” is not applicable and all other
provisions of your Policy apply.
Condition F.2. Appraisal
The following paragraphs are added to Condition F.2.
Appraisal in CIT HO-3 regarding the repair, replacement
or rebuilding of property covered under Coverage A or
Coverage B under this “Endorsement”:
j. For purposes of this “Endorsement”, Appraisal
shall address any dispute between you and us as
to amount of covered loss which includes scope
of damages.
Our payment obligation under any appraisal
award is the cost determined by the
“Contractor” in the revised estimate of loss
prepared by the “Contractor” in response to the
Appraisal award.
CIT 04 86 08 18
with its permissionk. For a dispute regarding the amount of covered
loss which includes scope of damages, you or
we must first give the other an opportunity to
seek resolution through Appraisal before a suit
may be filed related to this “Endorsement”,
subject to paragraph i. above.
|. Paragraphs j. and k. above apply only to the
resolution of disputes, regarding the repair,
replacement or rebuilding of damaged covered
property under Coverage A or B, that are
included in the scope of damages of covered
loss provided under this “Endorsement”.
For resolution of other disputes, SECTION I —
CONDITIONS, Condition F.2. Appraisal in CIT
HO-3 is available in accordance with its
provisions.
Condition I. Our Option
The following paragraphs are added to Condition I. Our
Option in CIT HO-3 regarding the repair, replacement
or rebuilding of property covered under Coverage A or
Coverage B under this “Endorsement”:
Your consent to participate in the Program under
this “Endorsement” constitutes, for the loss or
damage you have reported to us, your waiver of
our requirement to provide you written notice
within 30 days after we receive your signed,
sworn proof of loss, as described in paragraph 1.
in SECTION I —- CONDITIONS, Condition I. Our
Option in CIT HO-3.
Condition I. Our Option, paragraphs 1. and 2. in
CIT HO-3 do not apply to the repairs, replacement
or rebuilding of property covered under Coverage A
or B in the estimate of covered loss we or the
“Contractor? provide you under this
“Endorsement”.
We will make payment as described in Condition J.
Loss Payment in CIT HO-3 for the total of repairs,
replacement or rebuilding of property covered
under Coverage A or B included in the estimate of
covered loss, less any applicable deductible.
CIT 04 86 08 18 Includes copyrighted material of Insurance Services Office, Inc.,
SECTION | AND II - CONDITIONS
Condition I. Notification Regarding Access
The following is added to Condition I. Notification
Regarding Access in CIT HO-3 as regards this
“Endorsement”.
Our offer and your consent to participate in this
MANAGED REPAIR CONTRACTOR NETWORK
PROGRAM requires our agreement to a mutual
schedule with you and your permission for Citizens,
its designated representative(s) and the “Contractor”
to enter the “Residence Premises” at the address
designated in your Declarations as the Location of
Residence Premises, for the purpose of inspecting
your loss and providing the repairs, replacement or
rebuilding of property covered under Coverage A or
B provided under this “Endorsement”.
If there is no permission or agreement, this
“Endorsement” does not apply and all other
provisions of your policy apply.
TERMINATION OF CONSENT
1. If you have consented to participate in this
“Endorsement”, you may withdraw your consent by
notifying us any time prior to you signing any
contract(s) or authorization(s) provided by the
“Contractor” for the repairs, replacement or
rebuilding of property covered under Coverage A or
B included in the estimate of covered loss we or
the “Contractor” provide to you under this
“Endorsement”.
2. If you or your representative notify us or the
“Contractor” to stop providing or completing the
repairs, replacement or rebuilding of property
covered under Coverage A or B in the estimate of
covered loss, or you or your representative prevent
the “Contractor” from providing or completing the
repairs, replacement or rebuilding of property
covered under Coverage A or B in the estimate of
covered loss, we or the “Contractor” provide to
you under this “Endorsement”, this constitutes
termination of your consent to the services provided
under this “Endorsement”.
Page 3 of 4
with its permission3. Upon the termination of your consent, this
“Endorsement” no longer applies and all other
provisions of your Policy apply.
Additionally in this event, the following also applies:
a. All duties required under SECTION I —
CONDITIONS, Condition B. Duties After Loss
in CIT HO-3 will apply.
b. Upon your termination, SECTION | —
CONDITIONS, Condition I. Our Option in CIT
HO-3 will apply to other covered loss not
included in the estimate of covered loss
described above and will also apply to any
other claim or loss that you report to us and is
not part of the consent you provided under this
“Endorsement”.
c. You will be responsible for the deductible
described under SECTION I — CONDITIONS,
Condition R. Deductible in CIT HO-3. In no
event will you be responsible for paying more
than one deductible in any one loss.
Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., CIT 04 86 08 18
with its permissionHOMEOWNERS
CIT 04 96 02 16
THIS ENDORSEMENT DOES NOT CONSTITUTE A REDUCTION OF COVERAGE.
NO SECTION II — LIABILITY COVERAGES FOR
HOME DAY CARE BUSINESS
LIMITED SECTION I - PROPERTY COVERAGES FOR
HOME DAY CARE BUSINESS
A. "Business", as defined in the policy, means:
1.
2.
A trade, profession or occupation engaged in on
a full-time, part-time, or occasional basis; or
Any other activity engaged in for money or other
compensation, except the following:
a. One or more activities:
(1) Not described in b. through d. below; and
(2) For which no “insured” receives more
than $2,000 in total compensation for the
12 months before the beginning of the
policy period;
b. Volunteer activities for which no money is
received other than payment for expenses
incurred to perform the activity;
c. Providing home day care services for which
no compensation is received, other than the
mutual exchange of such services; or
d. The rendering of home day care services to
a relative of an “insured”.
B. If an "insured" regularly provides home day care
services to a person or persons other than
“insureds” as their trade, profession or occupation,
that service is a "business".
C. If home day care service is not a given "insured's"
trade, profession or occupation but is an activity:
1.
2.
That an "insured" engages in for money or other
compensation; and
From which an “insured” receives more than
$2,000 in total/combined compensation from it
and any other activity for the 12 months before
the beginning of the policy period;
the home day care service and other activity will be
considered a "business".
CIT 04 96 02 16
D. With respect to C. above, home day care service is
only an example of an activity engaged in for money
that may be a "business". Any single activity or
combination of activities:
1.
Described in A.2. above, and
2. Engaged in for money by a single "insured";
may be considered a "business" if the $2,000
threshold is exceeded.
E. With respect to A. through D. above, coverage does
not apply to or is limited with respect to home day
care service which is a "business". For example,
this policy:
41.
2.
Includes copyrighted material of Insurance Services Office, Inc.,
Does not provide:
a. Section Il coverages. This is because a
“business" of an "insured" is excluded under
F.2. of Section Il - Exclusions;
b. Coverage, under Section |, for other
structures from which any "business" is
conducted; and
Limits Section I coverage, under Coverage C —
3. Special Limits of Liability, for "business"
property:
a. On the "residence premises" for the home
day care "business" to $2,500. This is
because Category h. (e. in Form CIT HO-8)
imposes that limit on "business" property on
the "residence premises";
b. Away from the "residence premises" for the
home day care "business" to $250 ($1,000 in
Form CIT HO-8). This is because Category
i. (f. in Form CIT HO-8) imposes that limit on
“pusiness" property away from the
“residence premises". Category i. does not
apply to property described in Categories j.
and k. (f. and g. respectively in Form CIT
HO-8).
Page 1 of 4
with its permissionTHIS ENDORSEMENT CHANGES THE POLICY.
HOMEOWNERS
CIT 23 70 07 08
PLEASE READ IT CAREFULLY.
WINDSTORM EXTERIOR PAINT OR WATERPROOFING
EXCLUSION — SEACOAST — FLORIDA
A. Exclusion 2. A hurricane occurrence:
Coverage for any building or structure under this
policy excludes loss caused by:
4. Windstorm or hail; or
2. Windstorm during a hurricane;
to paint or waterproofing material applied to the
exterior of the building or structure.
B. Hurricane Described
41. A hurricane means a storm system that has
been declared to be a hurricane by the Na-
tional Hurricane Center of the National
Weather Service.
a. Begins at the time a hurricane watch or
warning is issued for any part of Florida by
the National Hurricane Center of the Na-
tional Weather Service;
b. Continues in effect for as long as hurricane
conditions exist anywhere in the State of
Florida; and
c. Ends 72 hours following the termination of
the last hurricane watch or hurricane warn-
ing issued for any part of Florida by the Na-
tional Hurricane Center of the National
Weather Service.
All other provisions of this policy apply.
CIT 23 70 07 08 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permissionPOLICY NUMBER:
HOMEOWNERS
CIT 24 07 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALENDAR YEAR HURRICANE DEDUCTIBLE — FLORIDA
A. Loss By Windstorm During A Hurricane
With respect to Paragraphs C. and D., coverage
for loss caused by the peril of windstorm during a
hurricane which occurs anywhere in the state of
Florida, includes loss to:
1.
2.
The inside of a building; or
The property we cover contained in a building
caused by:
Rain;
. Snow;
Sleet;
Hail;
. Sand; or
panos
f. Dust;
If the direct force of the windstorm first damages
the building, causing an opening through which
the rain, snow, sleet, hail, sand or dust enters and
causes damage.
B. Hurricane Described
41.
A hurricane means a storm system that has
been declared to be a hurricane by the
National Hurricane Center of the National
Weather Service.
. A hurricane occurrence:
a. Begins at the time a hurricane watch or
warning is issued for any part of Florida by
the National Hurricane Center of the
National Weather Service;
b. Continues in effect for as long as hurricane
conditions exist anywhere in the State of
Florida; and
c. Ends 72 hours following the termination of
the last hurricane watch or hurricane
warning issued for any part of Florida by the
National Hurricane Center of the National
Weather Service.
C. Calendar Year Hurricane Deductible Described
A hurricane deductible issued by us or an
“assumption insurer”:
1.
CIT 24 07 08
Can be exhausted only once during each
calendar year; and
. Applies to loss to Covered Property caused by
one or more hurricanes during each calendar
year.
The dollar amount of the calendar year hurricane
deductible is shown in your Declarations.
A minimum deductible of $500 applies.
D. Application of Calendar Year Hurricane
Deductible
1. In the event of the first windstorm loss caused
Includes copyrighted material of Insurance Services Office, Inc.,
by a single hurricane occurrence during a
calendar year, we will pay:
Only that part of the total of all loss payable
under Section | — Property Coverages that
exceeds the calendar year hurricane
deductible stated in your Declarations.
. With respect to a windstorm loss caused by the
second, and each subsequent, hurricane
occurrence during the same calendar year;
a. We will pay only that part of the total of all
loss payable under Section | - Property
Coverages that exceeds the greater of:
(1) The remaining dollar amount of the
calendar year hurricane deductible that
is in effect at the time of the loss; or
(2) The deductible that applies to fire that
is in effect at the time of the loss.
b. The remaining dollar amount of the
calendar year hurricane deductible is
determined by:
(1) Subtracting the actual deductible(s)
applied to all previous windstorm
losses caused by hurricanes during the
calendar year;
(2) From the calendar year hurricane
deductible that is in effect at the time of
the loss.
. With respect to any one loss caused by a
hurricane occurrence, if:
a. Covered property is insured under more
than one policy:
(1) Issued by us; or
(2) Issued by an “assumption insurer”
during your Citizens policy calendar
year period; and
b. At the time of loss, different hurricane
deductibles apply to the same property
under such policies;
Page 1 of 2
with their permissionPage 2 of 2
Then the hurricane deductible applicable under
all such policies used to determine the total of
all loss payable under Section | - Property
Coverages shall be:
The highest amount stated in any one of the
policies that is in effect at the time of the loss.
4. When:
a. A renewal policy is issued by us or an
“assumption” insurer; or
b. We or an “assumption insurer” issue a
policy that replaces one issued by us; and
c. The renewal or replacement policy takes
effect on a date other than January ‘st of a
calendar year, the following provisions
apply:
(1) If the renewal or replacement policy:
(a) Provides a _ lower hurricane
deductible than the prior policy;
and
(b) You incurred loss from a hurricane
under a prior policy in that same
calendar year;
The lower hurricane deductible will not
take effect until January 1st of the
following calendar year.
(2) If the renewal or replacement policy:
(a) Provides a _ lower hurricane
deductible than the prior policy;
and
(b) You have not incurred a hurricane
loss in that same calendar year;
The lower hurricane deductible will
take effect on the effective date of the
renewal or replacement policy.
(3) If the renewal or replacement policy
provides a higher hurricane deductible
than the prior policy, the higher
hurricane deductible:
(a) Will take effect on the effective
date of the renewal or replacement
policy; and
(b) Shall be used to calculate the
remaining dollar amount of the
hurricane deductible.
5. An “assumption insurer” means an insurer who
assumes contractual liability of your Citizens
policy under an assumption agreement or take
out plan pursuant to Florida Statutes
627.351(6) and 627.3511.
All other provisions of this policy apply.
Includes copyrighted material of Insurance Services Office, Inc.,
with their permission
CIT 24 07 08HOMEOWNERS.
CIT HO-3 02 19
CITIZENS HOMEOWNERS 3 - SPECIAL FORM
TABLE OF CONTENTS
GENERAL
Agreement 1 A.6. War 19
Definitions 1 A.7. Nuclear Hazard 19
A.8. Intentional Loss 19
SECTION | - PROPERTY COVERAGES A.9. Loss Caused By “Sinkhole” 19
A.10. “Fungi”, Wet Or Dry Rot, Yeast
A. Coverage A - Dwelling 4 Or Bacteria 20
B. Coverage B - Other Structures 4 A.11. Existing Damage 20
C. Special Limit Of Liability A.12. Constant Or Repeated Seepage
Coverages A, B &D 5 Or Leakage Of Water Or Steam 20
D. Coverage C - Personal Property 5 A.13. Accidental Discharge Or Overflow
1. Covered Property 5 Of Water Or Steam 19
2. Limit For Property At Other Locations 5 B.1. Weather Conditions 20
3. Special Limits Of Liability 5 B.2. Acts or Decisions 20
4. Property Not Covered 6 B.3. Faulty, Inadequate Or Defective 20
E. Coverage D - Loss Of Use 7
F. Reasonable Emergency Measures 8 SECTION | - CONDITIONS
G. Additional Coverages
1. Debris Removal 9 A. Insurable Interest And Limit of Liability 20
2. Trees, Shrubs and Other Plants 9 B. Duties After Loss 21
3. Fire Department Service Charge 9 C. Loss Settlement 22
4. Property Removed 9 D. Loss ToA Pair Or Set 23
5. Credit Card, Fund Transfer Card, E. Glass Replacement 23
Forgery and Counterfeit Money 9 F. Alternative Dispute Resolution 24
6. Loss Assessment 10 G. Other Insurance And Service
7. Collapse 10 Agreement 25
8. Glass Or Safety Glazing Material 11 H. Suit Against Us 25
9. Landlord’s Furnishings 12 |. Our Option 25
10. “Fungi”, Wet Or Dry Rot, J. Loss Payment 25
Yeast Or Bacteria 12 kK. Abandonment Of Property 26
11, Ordinance or Law 12 L. Mortgage Clause 26
M. No Benefit To Bailee 26
SECTION | - PERILS INSURED AGAINST N. Nuclear Hazard Clause 26
©. Recovered Property 26
A. Coverages A&B 13 P. Volcanic Eruption Period 27
B. Coverage C 17 Q. Adjustment To Property
Coverage Limits 27
SECTION | - EXCLUSIONS R. Deductible 27
S. Policy Period 27
A. Ordinance Or Law 18 T. Concealment Or Fraud 27
A2. Earth Movement And Settlement 19
A.3. Water Damage 19 SECTION Il - LIABILITY COVERAGES
AA. Power Failure 19
A5. Neglect 19 A. Coverage E — Personal Liability 27
B. Coverage F — Medical Payments
To Others 27
CIT HO-3 02 19 Includes copyrighted material of Insurance Services Office, Inc., Pagei
with its permissionSECTION Il - EXCLUSIONS
ZOmMMoNDyY
. Motor Vehicle Liability 27
. Watercraft Liability 28
. Personal Watercraft Liability 28
. Aircraft Liability 28
. Hovercraft Liability 28
. Coverage E & F 29
. Coverage E 30
. Coverage F 31
SECTION II - ADDITIONAL COVERAGES
A.
B.
Cc.
D.
Claim Expenses 31
First Aid Expenses 31
Damage To Property Of Others 31
Loss Assessment 31
SECTION Il - CONDITIONS
m com>
ACTTON
Limit Of Liability 32
Severability Of Insurance 32
Duties After Occurrence 32
Duties Of An Injured Person - Coverage
F — Medical Payments To Others 33
Payment Of Claim — Coverage
F — Medical Payments To Others 33
Suit Against Us 33
Bankruptcy Of An Insured 33
Other Insurance 33
Joint Obligations 33
Policy Period 33
Concealment Or Fraud 33
SECTIONS | AND II - CONDITIONS
CREM TOMMDOD>
Liberalization Clause 33
Waiver Or Change Of Policy Provisions 34
Cancellation 34
Nonrenewal 35
Assignment 36
Salvage 37
. Subrogation 37
Inspections And Surveys 37
Notification Regarding Access 37
Death 37
Renewal Notification 37
Document Transmittal 37
CIT HO-3 02 19 Includes copyrighted material of Insurance Services Office, Inc.,
with its permission
HOMEOWNERS
CIT HO-3 02 19
Page iiCITIZENS HOMEOWNERS 3 - SPECIAL FORM
AGREEMENT
This Policy is issued on behalf of the Citizens Property
Insurance Corporation and by acceptance of this
Policy you agree:
1. That the statements in the Application(s) are your
representations;
2. That this Policy is issued in reliance upon the truth
of those representations;
3. That this Policy embodies all agreements existing
between you and the Citizens Property Insurance
Corporation relating to this Policy.
We will provide the insurance described in this Policy
in return for the premium and compliance with all
applicable provisions of this Policy.
This Policy does not include, does not insure, and we
will not pay for, any “diminution in value”, except under
liability coverage in SECTION Il — LIABILITY
COVERAGES.
DEFINITIONS
A. In this Policy, "you" and "your" refer to the "named
insured" shown in the Declarations and the spouse
if a resident of the same household. "We", "us" and
"our" refer to the Company providing this
insurance.
B. In addition, certain words and phrases are defined
as follows:
41. "Aircraft Liabi Hovercraft Liability", "Motor
Vehicle Liability", “Personal Watercraft
Liability’, and "Watercraft Liability", subject to
the provisions in 1.b. below, mean the
following:
a. Liability for "bodily injury" or “property
damage" arising out of the:
(1) Ownership of such vehicle or craft by an
“insured";
(2) Maintenance, occupancy, operation,
use, loading or unloading of s
Preview
Case Number: CACE-21-009649 Division: 14 Filing # 126775308 E-Filed 05/13/2021 03:49:00 PM IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO: RICARDO ALVAREZ, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. COMPLAINT COMES NOW the Plaintiff, RICARDO ALVAREZ, by and through its undersigned counsel, and sues the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, and would allege as follows: GENERAL ALLEGATIONS 1. This is an action for damages greater than the sum of EIGHT THOUSAND ($8,000.00) and less than the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of interest, costs and attorney’s fees, and otherwise within the jurisdictional limits of this Court. 2. At all times material hereto, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, is a Florida corporation authorized and doing business in BROWARD COUNTY, FLORIDA. 3. At all times material hereto, Plaintiff, RICARDO ALVAREZ, owns property insured by Defendant located at 6771 FREEDOM STREET, HOLLYWOOD, FLORIDA, 33024, BROWARD COUNTY, FLORIDA. Page 1 of 4 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/13/2021 03:48:57 PM.****4. Venue is proper in BROWARD County, Florida pursuant to Florida Statute 47.011, because the cause of action upon which these allegations are based accrued in BROWARD County, Florida, and the property at issue is located in BROWARD County, Florida. 5. That Plaintiff was insured at the time of loss, on November 6, 2019, under Defendant’s insurance policy number 03520399-1. 6. A true and correct copy of the insurance policy is attached hereto as Exhibit “A”. 7. Plaintiff paid all insurance premiums, performed all post loss conditions, and performed all conditions precedent. In the alternative, all conditions precedent have been waived. 8. On or about November 6, 2019, Plaintiff suffered a loss due to water discharge in the kitchen, a covered peril under the Policy involving the Property. 9. Defendant acknowledged receipt for the Loss as claim number HEE 1 and assigned an insurance adjuster to adjust the Loss. 10. Plaintiff provided Defendant with a damage estimate for a covered loss. lL. Defendant was given timely notice of the loss and investigated the claim including inspecting the property and estimating the damage and was not prejudiced in its investigation. 12. Defendant rejected the total amount of damages and completely denied coverage. COUNT I - BREACH OF CONTRACT 13. Plaintiffs reaver, readopt and reallege the allegations contained in Paragraphs 1 through 12 of this Complaint, and as a first cause of action, would further allege: 14. That the policy provides coverage for direct physical loss to the Plaintiff's property due to water discharge in the kitchen mentioned herein. Page 2 of 415. That the Plaintiff sustained unpaid damages that is a covered loss under the Defendant’s policy of insurance. 16. That the Plaintiff demanded the Defendant honor its contractual obligation and pay for the unpaid damages to the insured property. 17. That the Defendant’s representative sent a letter to the Plaintiff denying coverage of the claim. 18. That as a result of Defendant’s breach of contract, Plaintiff sustained damage to the insured property. 19. That Defendant refuses to honor its contractual obligations to be a protector of Plaintiff’s assets and pay for the covered loss. 20. That Plaintiff has further had to retain the undersigned attorney and agreed to pay him a reasonable fee for which the Defendant is liable under § 627.428. 21. Florida Statute 627.428(1) states: Upon the rendition of a judgment or decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer, the trial court or, in the event of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had. WHEREFORE, Plaintiffs demand judgment against Defendant, plus costs, prejudgment interest and attorney’s fees pursuant to Florida Statute § 627.428. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all issues so triable. Page 3 of 4DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516 Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice of designation of email address for the purpose of service of all documents required to be served in this proceeding: pleadings@thepropertyadvocates.com: team3@thepropertyadvocates.com. DATED this May 13, 2021. Respectfully submitted, THE PROPERTY ADVOCATES, P.A. Attorneys for Plaintiff 2525 Ponce De Leon Boulevard, Suite 600 Coral Gables, FL 33134 Primary Direct Line: (786) 903-6354 Telephone: (786) 430-0882 Facsimile: (305) 459-1589 Primary E-Service: pleadings@thepropertyadvocates.com. Secondary E-mail: team3@thepropertyadvocates.com Email: cnarchet@thepropertyadvocates.com By: CHRISTOPHER A. NARCHET, ESQUIRE FLORIDA BAR NO.: 127176 ROMINA MESA, ESQUIRE FLORIDA BAR NO.: 127392 DANIELA LEYVA, ESQ. FLORIDA BAR NO.: 1012173 Page 4 of 4EXHIBIT “A”CITIZENS PROPERTY INSURANCE CORPORATION A 301 W BAY ST citi ZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION Homeowners HO-3 Special Form Policy - Declarations POLICY NUMBER: 03520399 - 1 POLICY PERIOD: FROM — 09/26/2019 TO 09/26/2020 at 12:01 a.m. Eastern Time at the Location of the Residence Premises Transaction: AMENDED DECLARATIONS Effective: 09/26/2019 Named Insured and Mailing Address: Location Of Residence Premises: Agent: Fl. Agent Lic. #: W310229 First Named Insured: 6771 FREEDOM ST CONSUMERS CHOICE UNDERWRITERS RICARDO ALVAREZ HOLLYWOOD FL 33024-2827 INC 6771 FREEDOM ST County:BROWARD GIOVANNI GUTIERREZ HOLLYWOOD, FL 33024-2827 3600 RED ROAD SUITE 601-A Phone Number: 786-637-1342 MIRAMAR, FL 33025 Phone Number: 954-688-0010 Primary Email Address: Citizens Agency ID#: 29287 RICARDOA66@HOTMAIL.COM 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: $10,100 (5%) LIMIT OF LIABILITY ANNUAL PREMIUM SECTION | - PROPERTY COVERAGES $3,085, A. Dwelling : $202,000 B. Other Structures: $0 C. Personal Property: $50,500 D. Loss of Use: $20,200 SECTION II - LIABILITY COVERAGES E. Personal Liability: $100,000 $17 F. Medical Payments: $2,000 INCLUDED OTHER COVERAGES Ordinance or Law Limit (25% of Cov A) (See Policy) Included SUBTOTAL: $3,102 Florida Hurricane Catastrophe Fund Build-Up Premium: $52 Premium Adjustment Due To Allowable Rate Change: ($388) MANDATORY ADDITIONAL CHARGES: Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2 Tax-Exempt Surcharge $48 TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $2,816 The portion of your premium for: Hurricane Coverage is $709 Non-Hurricane Coverage is $2,057 Authorized By: GIOVANNI GUTIERREZ Processed Date: 10/15/2019 DEC HO3 01 19 First & Additional Named Insured Page 1 of 4CITIZENS PROPERTY INSURANCE CORPORATION A 301 W BAY ST citi ZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION Homeowners HO-3 Special Form Policy - Declarations Policy Number: 03520399 - 1 POLICY PERIOD: FROM 09/26/2019 TO 09/26/2020 First Named Insured: RICARDO ALVAREZ at 12:01 a.m, Eastern Time at the Location of the Residence Premises Forms and Endorsements applicable to this policy: CIT 04 86 08 18, CIT 04 85 08 18, CIT 24 07 08, CIT 04 12 02 16, CIT HO-3 02 19, CIT 23 70 07 08, CIT 04 96 02 16 Rating/Underwriting Information Year Built: 1968 || Protective Device - Burglar Alarm: No| Town / Row House: No] Protective Device - Fire Alarm: No Construction Type: Masonry || Protective Device - Sprinkler: None| BCEGS: Ungraded } No Prior Insurance Surcharge: No Territory / Coastal Territory: 035 / 00} Terrain: Cc ‘Wind / Hail Exclusion: No] Roof Cover: Non-FBC Equivalent 459]| Roof Cover - FBC Wind Speed: N/A} Municipal Code - Fire: 459] Roof Cover - FBC Wind Design: N/A Occupancy: Owner Occupied || Roof Deck Attachment: Level C Use: Primary ] Roof-Wall Connection: Single Wraps Number of Families: 1|| Secondary Water Resistance: Unknown Protection Class: 1|| Roof Shape: Gable’ Distance to Hydrant (ft.): 600 || Opening Protection: None Distance to Fire Station (mi.): 1 A premium adjustment of ($748) is included to reflect the building's wind loss mitigation features or construction techniques that exists. A premium adjustment of $0 is included to reflect the building code effectiveness grade for your area. Adjustments range from a 2% surcharge to a 13% credit. The Total Charge For This Endorsement is $109 ADDITIONAL NAMED INSURED(S) Name Address ERIDANIA NUNEZ DE ALVAREZ 6771 FREEDOM ST HOLLYWOOD, FL 33024-2827 ADDITIONAL INTEREST(S) # Interest Type Name and Address Loan Number 1ST FINANCIAL INC ISAOA ATIMA 1111 BENFIELD BLVD STE 106 MILLERSVILLE, MD 21108-3003 Lilet 1 1st Mortgagee DEC HO3 01 19 First & Additional Named Insured Page 2 of 4CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST Cor ZE N S JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION Homeowners HO-3 Special Form Policy - Declarations Policy Number: 03520399 - 1 POLICY PERIOD: FROM 09/26/2019 TO 09/26/2020 First Named Insured: RICARDO ALVAREZ at 12:01 a.m, Eastern Time at the Location of the Residence Premises FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. YOUR POLICY PROVIDES COVERAGE FORA CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. DEC HO3 01 19 First & Additional Named Insured Page 3 of 4CITIZENS PROPERTY INSURANCE CORPORATION A 301 W BAY ST citi ZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION Homeowners HO-3 Special Form Policy - Declarations Policy Number: 03520399 - 1 POLICY PERIOD: FROM 09/26/2019 TO 09/26/2020 First Named Insured: RICARDO ALVAREZ at 12:01 a.m, Eastern Time at the Location of the Residence Premises FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. TO REPORT ALOSS OR CLAIM CALL 866.411.2742 IN CASE OF LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES SOLELY TO PROTECT THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS. PROMPT NOTICE OF THE LOSS MUST BE GIVEN TO US OR YOUR INSURANCE AGENT. EXCEPT FOR REASONABLE EMERGENCY MEASURES, THERE IS NO COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF: (A) 72 HOURS AFTER WE ARE NOTIFIED OF THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVAL BY US. THIS POLICY CONTAINS LIMITS ON CERTAIN COVERED LOSSES, ALL SUBJECT TO THE TERMS AND CONDITIONS OF YOUR POLICY. THESE LIMITS MAY INCLUDE A $10,000 LIMIT ON COVERAGE FOR COVERED LOSSES CAUSED BY ACCIDENTAL DISCHARGE OR OVERFLOW OF WATER OR STEAM FROM SPECIFIED HOUSEHOLD SYSTEMS, SEEPAGE OR LEAKAGE OF WATER OR STEAM, CONDENSATION, MOISTURE OR VAPOR, AS DESCRIBED AND INSURED IN YOUR POLICY (HEREAFTER COLLECTIVELY REFERRED TO AS ACCIDENTAL DISCHARGE OF WATER IN THIS PARAGRAPH). AS ANOTHER EXAMPLE, THERE IS ALSO LIMIT OF $3,000 APPLICABLE TO REASONABLE EMERGENCY MEASURES TAKEN TO PROTECT COVERED PROPERTY FROM FURTHER DAMAGE BY ACCIDENTAL DISCHARGE OF WATER. THE AMOUNT WE PAY FOR THE NECESSARY REASONABLE EMERGENCY MEASURES YOU TAKE SOLELY TO PROTECT COVERED PROPERTY FROM FURTHER DAMAGE BY ACCIDENTAL. DISCHARGE OF WATER WILL BE DEDUCTED FROM THE $10,000 LIMIT ON COVERAGE FOR ACCIDENTAL DISCHARGE OF WATER. INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND/OR AGENTS TO ASSIST THEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS. PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. IF YOU ARE UNABLE TO CONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT 866.411.2742. DEC HO3 01 19 First & Additional Named Insured Page 4 of 4HOMEOWNERS CIT 04 12 02 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF COVERAGE B - OTHER STRUCTURES FOR USE IN CITIZENS FORM CIT HO-3 And CIT HO-8 SECTION I - PROPERTY COVERAGES B. COVERAGE B - OTHER STRUCTURES Coverage B - OTHER STRUCTURES in your policy is deleted. Coverage B is excluded from your Policy. We do not cover loss or damage to other structures on the "residence premises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection. All other provisions of this Policy apply. CIT 04 12 02 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permissionHOMEOWNERS. CIT 04 85 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TO REPORT A LOSS OR CLAIM CALL 866.411.2742 EMERGENCY WATER REMOVAL SERVICES The services described in this “Endorsement” allow us at our option and with your consent to provide a “Contractor(s)” who will provide necessary reasonable emergency water removal services, as described below, solely to protect your covered property under Coverage A, Coverage B and Coverage C from further damage. Your Policy has specific requirements about notifying us in the event of direct physical loss or damage to property, which are found in SECTION I -CONDITIONS, Condition B. Duties After Loss. Should you have concerns regarding your “Contractor” at any time during the process of emergency water removal provided under this “Endorsement”, you may directly contact your Citizens’ claim representative at the telephone number provided to you, or call our toll free Call-Center at 866-411-2742 and a representative will be available to discuss your concerns. CONSENT At our option and with your consent to participate in the services provided under this “Endorsement”, the following provisions of the Policy are either added or amended. Your consent provided on or after reporting a claim of loss or damage and the provisions of this “Endorsement” are only for that reported claim of loss or damage. The provisions of this “Endorsement” do not apply to any subsequent claim of loss or damage, unless we opt to participate in the services provided under this “Endorsement” and you provide another consent as described above. AGREEMENT The following is added: In the event of a direct physical loss to property covered under Coverage A, Coverage B or Coverage C located on the "residence premises" caused by accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or household appliance, we will dispatch a “Contractor” of our choice to provide only necessary reasonable emergency water extraction and drying services solely to protect property from further damage, as provided under this “Endorsement”. The following applies: 1. The services provided under this “Endorsement” are limited to only necessary reasonable emergency water extraction and drying services made solely to protect property from further damage. CIT 04 85 08 18 Includes copyrighted material of Insurance Services Office, Inc., 2. Subject to the terms of this “Endorsement”, the limited services under 1. above are also provided when, as described in and covered under paragraphs A.2.b.(6) and (9) under SECTION I — PERILS INSURED AGAINST A. Coverage A — Dwelling And Coverage B — Other Structures and as described in and covered under B. Coverage Cc — Personal Property, Peril 12., direct physical loss to property covered under Coverage A, Coverage B or Coverage C located on the "residence premises" is caused by: a. Constant or repeated seepage or leakage of water or steam; or b. The presence or condensation of humidity, moisture or vapor. 3. The services provided under this “Endorsement” do not include any replacement, repair or the rebuilding of the dwelling or other structures and do not include any replacement, repair or the rebuilding of the dwelling or other structures necessary to perform the emergency water extraction and drying services. When such replacement, repair or the rebuilding is necessary, all other provisions of your Policy apply. 4. SECTION I - CONDITIONS, Condition I. Our Option in CIT HO-3 does not apply to the services we or the “Contractor” provide under this “Endorsement”. 5. Your deductible does not apply to the services provided under this “Endorsement”. Page 1 of 3 with its permission6. Any payment for emergency water removal services provided under this “Endorsement” will not be deducted from the $3,000 limit under SECTION | - PROPERTY COVERAGES F.1. Reasonable Emergency Measures and will not be deducted from the $10,000 limit on coverage under SECTION I — PERILS INSURED AGAINST A. Coverage A - Dwelling And Coverage B — Other Structures paragraphs A.3. and A.5., in CIT HO-3. All other covered emergency water removal services not provided under this “Endorsement”, after application of any applicable deductible, will be included in and limited to the $3,000 limit under Section | -— PROPERTY COVERAGES F.1. Reasonable Emergency Measures which will be deducted from the $10,000 limit on coverage provided in paragraphs A.3. and A.5. under SECTION I - PERILS INSURED AGAINST A. Coverage A - Dwelling And Coverage B — Other Structures. 7. This “Endorsement” does not increase any limit of liability applicable to the damaged covered property. 8. We will make payment directly to the “Contractor” as described in SECTION I - CONDITIONS, Condition J. Loss Payment in CIT HO-3 for services the “Contractor” provides under this “Endorsement”. 9. Any services provided under this “Endorsement” for loss or damage that is not covered under your Policy does not cause or create coverage. DEFINITIONS The following definition is added: The term “Endorsement” shall mean “form CIT 04 85” and shall mean “form CIT 04 85” in the paragraph(s) added or replaced in CIT HO-3 under this “Endorsement”. The following definition is added regarding the services provided by the “Contractor” under this “Endorsement”: “Contractor” means a person, entity or company, including their employees, agents, representatives and general or specialty contractors who is a member of the network engaged by Citizens to provide the services under this “Endorsement”. Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., SECTION | - CONDITIONS Condition B. Duties After Loss The following paragraphs are added to Condition B. Duties After Loss in CIT HO-3: Your duties under Condition B. Duties After Loss in CIT HO-3 apply, whether under this “Endorsement” you or your representative: 41. Prevent the “Contractor” from providing or completing the services, or 2. Have another party perform or contract to perform a duty on your behalf. The services provided under this “Endorsement” are not a loss inspection. All conditions stipulated in SECTION I - CONDITIONS, Condition B. Duties After Loss, paragraph B.1. in CIT HO-3 apply. Our option and your consent to participate in the services provided under this “Endorsement” are material parts of this “Endorsement”. Under no circumstances does this “Endorsement” relieve you or us of any duties and obligations under the Policy not specifically amended, added or deleted in this “Endorsement”. SECTION | AND II —- CONDITIONS Condition |. Notification Regarding Access The following is added to Condition I. Notification Regarding Access in CIT HO-3 as regards this “Endorsement”. Our offer and your consent to participate in the EMERGENCY WATER REMOVAL SERVICES “Endorsement” requires our agreement to a mutual schedule with you and your permission for Citizens, its designated representative(s) and the “Contractor” to enter the “Residence Premises” at the address designated in your Declarations as the Location of Residence Premises, for the purpose of inspecting your loss and providing the services under this “Endorsement”. If there is no permission or agreement, this “Endorsement” does not apply and all other provisions of your policy apply. CIT 04 85 08 18 with its permissionTERMINATION OF CONSENT 1. If you have consented to participate in this “Endorsement”, you may withdraw your consent by Notifying us any time prior to you signing any authorization(s) provided by the “Contractor” for emergency water removal services. In this event, the “Endorsement” is no longer applicable, and all other provisions of your Policy apply. 2. If you or your representative notify us or the “Contractor” to stop providing the services or you or your representative prevent the “Contractor” from providing or completing the services, this constitutes termination of your consent to the services provided under this “Endorsement”. In this event, this “Endorsement” no longer applies, and instead all other provisions of your Policy apply. Additionally, the following also applies: a. All duties required under SECTION | — CONDITIONS, Condition B. Duties After Loss in CIT HO-3 will apply, which may include water removal if needed. However, we will make payment directly to the “Contractor” as described in SECTION I - CONDITIONS, Condition J. Loss Payment in CIT HO-3 for any services the “Contractor” provides under this “Endorsement”. b. The deductible described under SECTION I — CONDITIONS, Condition R. Deductible in CIT HO-3 will apply, except we will not apply a deductible to any part of our loss settlement with you that represents the payment we make to the “Contractor” for the services the “Contractor” provides under this “Endorsement”. POLICY PROVISIONS The following are added: This “Endorsement” does not cover any services you or your representative obtain from other providers or contractors. Instead all other provisions of your Policy apply regarding the services you or your representative obtain from other service providers or contractors. We will make payment directly to the “Contractor” as described in SECTION I - CONDITIONS, Condition J. Loss Payment in CIT HO-3 for services the “Contractor” provides under this “Endorsement”. CIT 04 85 08 18 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3 with its permissionHOMEOWNERS. CIT 04 86 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TO REPORT A LOSS OR CLAIM CALL 866.411.2742 MANAGED REPAIR CONTRACTOR NETWORK PROGRAM The Program described in this “Endorsement” allows us at our option and with your consent to provide a “Contractor(s)” who will make covered repairs to your dwelling and other structures, covered under Coverage A or B, when damage or loss is from a covered peril as described in your Policy. Your Policy has specific requirements about notifying us, in the event of direct physical loss or damage to property, which are found in SECTION I — CONDITIONS, Condition B. Duties After Loss. Should you have concerns regarding your “Contractor” at any time during the repair, replacement or rebuilding process provided under this “Endorsement”, you may directly contact your Citizens’ claim representative at the telephone number provided to you, or call our toll free Call-Center at 866-411-2742 and a representative will be available to discuss your concerns. CONSENT At our option and with your consent to participate in the MANAGED REPAIR CONTRACTOR NETWORK PROGRAM (e.g. the Program), the following provisions of the Policy are either added or amended. Your consent provided on or after reporting a claim of loss or damage and the provisions of this “Endorsement” are only for that reported claim of loss or damage. The provisions of this “Endorsement” do not apply to any subsequent claim of loss or damage, unless we exercise our option to utilize the Program and you provide another consent as described above. AGREEMENT The following is added: In the event of a direct physical loss to property covered under Coverage A or Coverage B located on the “residence premises’, we will at our option and with your consent provide you an estimate of covered loss and a “Contractor” to repair, replace or rebuild the damaged property included in the estimate of covered loss, as provided under this “Endorsement” and your Policy. 1. The Program will include an original estimate of covered loss we or the “Contractor” provide as described above and as necessary, a revised estimate(s) describing any additional covered loss or damages discovered during the repair, replacement or rebuilding of property covered under Coverage A or Coverage B that are not included in the original estimate of covered loss. Together, they are your estimate of covered loss. CIT 04 86 08 18 Includes copyrighted material of Insurance Services Office, Inc., 2. Regarding covered loss or damage to property covered under Coverage A or Coverage B, the following applies: a. As a participant in the Program under this “Endorsement”, you will enter directly into a contract with the “Contractor” for the repairs, replacement or rebuilding of the damaged property covered under Coverage A or Coverage B included in the estimate of covered loss that we or the “Contractor” provide you under this “Endorsement”. b. Payment under the contract described in paragraph 2.a. above will be made to the “Contractor” as described in SECTION I — CONDITIONS, Condition J. Loss Payment, for the repairs, replacement or rebuilding of damaged property covered under Coverage A or Coverage B in the estimate of covered loss, less any applicable deductible. 3. Any dispute between you and us, regarding amount of covered loss which includes scope of damages of property covered under Coverage A or B in the estimate of covered loss provided to you under this “Endorsement”, is subject to SECTION 1- CONDITIONS, Condition F.2. Appraisal. The Appraisal may be requested by you or by us. Page 1 of 4 with its permission4, This “Endorsement” does not increase the limit of liability or any other limit that applies to the covered property. However, if at our option we offer and you consent to participate in the Program, or prior either to your incurring any costs for covered repairs or your starting any covered repairs, you request and we do not offer the Program to you, the $10,000 limit on coverage set forth in paragraphs A.3. and A.5. in CIT HO-3 under Section | — Perils Insured Against, A. Coverage A — Dwelling And Coverage B — Other Structures does not apply. In the event the $10,000 limit on coverage does not apply, the Coverage A Limit Of Liability or Coverage B Limit Of Liability, applicable to the damaged covered property, is the most we will pay as provided in your Policy. 5. This “Endorsement” does not in any manner alter or change the deductible provision in your Policy. DEFINITIONS The following definition is added: The term “Endorsement” shall mean “form CIT 04 86” and shall mean “form CIT 04 86” in the paragraph(s) added or replaced in CIT HO-3 under this “Endorsement”. The following definition is added regarding the repair, replacement or rebuilding of property covered under Coverage A or Coverage B made by the “Contractor” under this “Endorsement”: “Contractor” means a person, entity or company, including their employees, agents, representatives and general or specialty contractors who is a member of the network engaged by Citizens to provide the repair, replacement or rebuilding of property covered under Coverage A or B and the estimate of covered loss under this “Endorsement”. Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., SECTION | - CONDITIONS Condition B. Duties After Loss The following paragraphs are added to B. Duties After Loss in CIT HO-3: Your duties under Condition B. Duties After Loss in CIT HO-3 apply, whether under this “Endorsement” you or your representative: 1. Notify us or the “Contractor” to stop repairs, replacement or rebuilding of property covered under Coverage A or B; 2. Prevent the “Contractor” from providing or completing the repairs, replacement or rebuilding of property covered under Coverage A or B, or 3. Have another party perform or contract to perform a duty on your behalf. Our option and your consent to participate in the Program provided under this “Endorsement” are material parts of this “Endorsement”. Under no circumstances does this “Endorsement” relieve you or us of any duties and obligations under the Policy not specifically amended, added or deleted in this “Endorsement”. Condition C. Loss Settlement The following paragraphs are added to Condition C. Loss Settlement in CIT HO-3 regarding the repair, feplacement or rebuilding of property covered under Coverage A or Coverage B under this “Endorsement”: If the “Contractor” provides under this “Endorsement”, repairs, replacement or the rebuilding of property covered under Coverage A or Coverage B for covered loss or damage caused by a peril insured against, Condition C. Loss Settlement paragraph C.2.d. in CIT HO-3 will not apply. For all remaining loss or damage that is not repaired, replaced or rebuilt under this “Endorsement”, this “Endorsement” is not applicable and all other provisions of your Policy apply. Condition F.2. Appraisal The following paragraphs are added to Condition F.2. Appraisal in CIT HO-3 regarding the repair, replacement or rebuilding of property covered under Coverage A or Coverage B under this “Endorsement”: j. For purposes of this “Endorsement”, Appraisal shall address any dispute between you and us as to amount of covered loss which includes scope of damages. Our payment obligation under any appraisal award is the cost determined by the “Contractor” in the revised estimate of loss prepared by the “Contractor” in response to the Appraisal award. CIT 04 86 08 18 with its permissionk. For a dispute regarding the amount of covered loss which includes scope of damages, you or we must first give the other an opportunity to seek resolution through Appraisal before a suit may be filed related to this “Endorsement”, subject to paragraph i. above. |. Paragraphs j. and k. above apply only to the resolution of disputes, regarding the repair, replacement or rebuilding of damaged covered property under Coverage A or B, that are included in the scope of damages of covered loss provided under this “Endorsement”. For resolution of other disputes, SECTION I — CONDITIONS, Condition F.2. Appraisal in CIT HO-3 is available in accordance with its provisions. Condition I. Our Option The following paragraphs are added to Condition I. Our Option in CIT HO-3 regarding the repair, replacement or rebuilding of property covered under Coverage A or Coverage B under this “Endorsement”: Your consent to participate in the Program under this “Endorsement” constitutes, for the loss or damage you have reported to us, your waiver of our requirement to provide you written notice within 30 days after we receive your signed, sworn proof of loss, as described in paragraph 1. in SECTION I —- CONDITIONS, Condition I. Our Option in CIT HO-3. Condition I. Our Option, paragraphs 1. and 2. in CIT HO-3 do not apply to the repairs, replacement or rebuilding of property covered under Coverage A or B in the estimate of covered loss we or the “Contractor? provide you under this “Endorsement”. We will make payment as described in Condition J. Loss Payment in CIT HO-3 for the total of repairs, replacement or rebuilding of property covered under Coverage A or B included in the estimate of covered loss, less any applicable deductible. CIT 04 86 08 18 Includes copyrighted material of Insurance Services Office, Inc., SECTION | AND II - CONDITIONS Condition I. Notification Regarding Access The following is added to Condition I. Notification Regarding Access in CIT HO-3 as regards this “Endorsement”. Our offer and your consent to participate in this MANAGED REPAIR CONTRACTOR NETWORK PROGRAM requires our agreement to a mutual schedule with you and your permission for Citizens, its designated representative(s) and the “Contractor” to enter the “Residence Premises” at the address designated in your Declarations as the Location of Residence Premises, for the purpose of inspecting your loss and providing the repairs, replacement or rebuilding of property covered under Coverage A or B provided under this “Endorsement”. If there is no permission or agreement, this “Endorsement” does not apply and all other provisions of your policy apply. TERMINATION OF CONSENT 1. If you have consented to participate in this “Endorsement”, you may withdraw your consent by notifying us any time prior to you signing any contract(s) or authorization(s) provided by the “Contractor” for the repairs, replacement or rebuilding of property covered under Coverage A or B included in the estimate of covered loss we or the “Contractor” provide to you under this “Endorsement”. 2. If you or your representative notify us or the “Contractor” to stop providing or completing the repairs, replacement or rebuilding of property covered under Coverage A or B in the estimate of covered loss, or you or your representative prevent the “Contractor” from providing or completing the repairs, replacement or rebuilding of property covered under Coverage A or B in the estimate of covered loss, we or the “Contractor” provide to you under this “Endorsement”, this constitutes termination of your consent to the services provided under this “Endorsement”. Page 3 of 4 with its permission3. Upon the termination of your consent, this “Endorsement” no longer applies and all other provisions of your Policy apply. Additionally in this event, the following also applies: a. All duties required under SECTION I — CONDITIONS, Condition B. Duties After Loss in CIT HO-3 will apply. b. Upon your termination, SECTION | — CONDITIONS, Condition I. Our Option in CIT HO-3 will apply to other covered loss not included in the estimate of covered loss described above and will also apply to any other claim or loss that you report to us and is not part of the consent you provided under this “Endorsement”. c. You will be responsible for the deductible described under SECTION I — CONDITIONS, Condition R. Deductible in CIT HO-3. In no event will you be responsible for paying more than one deductible in any one loss. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., CIT 04 86 08 18 with its permissionHOMEOWNERS CIT 04 96 02 16 THIS ENDORSEMENT DOES NOT CONSTITUTE A REDUCTION OF COVERAGE. NO SECTION II — LIABILITY COVERAGES FOR HOME DAY CARE BUSINESS LIMITED SECTION I - PROPERTY COVERAGES FOR HOME DAY CARE BUSINESS A. "Business", as defined in the policy, means: 1. 2. A trade, profession or occupation engaged in on a full-time, part-time, or occasional basis; or Any other activity engaged in for money or other compensation, except the following: a. One or more activities: (1) Not described in b. through d. below; and (2) For which no “insured” receives more than $2,000 in total compensation for the 12 months before the beginning of the policy period; b. Volunteer activities for which no money is received other than payment for expenses incurred to perform the activity; c. Providing home day care services for which no compensation is received, other than the mutual exchange of such services; or d. The rendering of home day care services to a relative of an “insured”. B. If an "insured" regularly provides home day care services to a person or persons other than “insureds” as their trade, profession or occupation, that service is a "business". C. If home day care service is not a given "insured's" trade, profession or occupation but is an activity: 1. 2. That an "insured" engages in for money or other compensation; and From which an “insured” receives more than $2,000 in total/combined compensation from it and any other activity for the 12 months before the beginning of the policy period; the home day care service and other activity will be considered a "business". CIT 04 96 02 16 D. With respect to C. above, home day care service is only an example of an activity engaged in for money that may be a "business". Any single activity or combination of activities: 1. Described in A.2. above, and 2. Engaged in for money by a single "insured"; may be considered a "business" if the $2,000 threshold is exceeded. E. With respect to A. through D. above, coverage does not apply to or is limited with respect to home day care service which is a "business". For example, this policy: 41. 2. Includes copyrighted material of Insurance Services Office, Inc., Does not provide: a. Section Il coverages. This is because a “business" of an "insured" is excluded under F.2. of Section Il - Exclusions; b. Coverage, under Section |, for other structures from which any "business" is conducted; and Limits Section I coverage, under Coverage C — 3. Special Limits of Liability, for "business" property: a. On the "residence premises" for the home day care "business" to $2,500. This is because Category h. (e. in Form CIT HO-8) imposes that limit on "business" property on the "residence premises"; b. Away from the "residence premises" for the home day care "business" to $250 ($1,000 in Form CIT HO-8). This is because Category i. (f. in Form CIT HO-8) imposes that limit on “pusiness" property away from the “residence premises". Category i. does not apply to property described in Categories j. and k. (f. and g. respectively in Form CIT HO-8). Page 1 of 4 with its permissionTHIS ENDORSEMENT CHANGES THE POLICY. HOMEOWNERS CIT 23 70 07 08 PLEASE READ IT CAREFULLY. WINDSTORM EXTERIOR PAINT OR WATERPROOFING EXCLUSION — SEACOAST — FLORIDA A. Exclusion 2. A hurricane occurrence: Coverage for any building or structure under this policy excludes loss caused by: 4. Windstorm or hail; or 2. Windstorm during a hurricane; to paint or waterproofing material applied to the exterior of the building or structure. B. Hurricane Described 41. A hurricane means a storm system that has been declared to be a hurricane by the Na- tional Hurricane Center of the National Weather Service. a. Begins at the time a hurricane watch or warning is issued for any part of Florida by the National Hurricane Center of the Na- tional Weather Service; b. Continues in effect for as long as hurricane conditions exist anywhere in the State of Florida; and c. Ends 72 hours following the termination of the last hurricane watch or hurricane warn- ing issued for any part of Florida by the Na- tional Hurricane Center of the National Weather Service. All other provisions of this policy apply. CIT 23 70 07 08 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permissionPOLICY NUMBER: HOMEOWNERS CIT 24 07 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALENDAR YEAR HURRICANE DEDUCTIBLE — FLORIDA A. Loss By Windstorm During A Hurricane With respect to Paragraphs C. and D., coverage for loss caused by the peril of windstorm during a hurricane which occurs anywhere in the state of Florida, includes loss to: 1. 2. The inside of a building; or The property we cover contained in a building caused by: Rain; . Snow; Sleet; Hail; . Sand; or panos f. Dust; If the direct force of the windstorm first damages the building, causing an opening through which the rain, snow, sleet, hail, sand or dust enters and causes damage. B. Hurricane Described 41. A hurricane means a storm system that has been declared to be a hurricane by the National Hurricane Center of the National Weather Service. . A hurricane occurrence: a. Begins at the time a hurricane watch or warning is issued for any part of Florida by the National Hurricane Center of the National Weather Service; b. Continues in effect for as long as hurricane conditions exist anywhere in the State of Florida; and c. Ends 72 hours following the termination of the last hurricane watch or hurricane warning issued for any part of Florida by the National Hurricane Center of the National Weather Service. C. Calendar Year Hurricane Deductible Described A hurricane deductible issued by us or an “assumption insurer”: 1. CIT 24 07 08 Can be exhausted only once during each calendar year; and . Applies to loss to Covered Property caused by one or more hurricanes during each calendar year. The dollar amount of the calendar year hurricane deductible is shown in your Declarations. A minimum deductible of $500 applies. D. Application of Calendar Year Hurricane Deductible 1. In the event of the first windstorm loss caused Includes copyrighted material of Insurance Services Office, Inc., by a single hurricane occurrence during a calendar year, we will pay: Only that part of the total of all loss payable under Section | — Property Coverages that exceeds the calendar year hurricane deductible stated in your Declarations. . With respect to a windstorm loss caused by the second, and each subsequent, hurricane occurrence during the same calendar year; a. We will pay only that part of the total of all loss payable under Section | - Property Coverages that exceeds the greater of: (1) The remaining dollar amount of the calendar year hurricane deductible that is in effect at the time of the loss; or (2) The deductible that applies to fire that is in effect at the time of the loss. b. The remaining dollar amount of the calendar year hurricane deductible is determined by: (1) Subtracting the actual deductible(s) applied to all previous windstorm losses caused by hurricanes during the calendar year; (2) From the calendar year hurricane deductible that is in effect at the time of the loss. . With respect to any one loss caused by a hurricane occurrence, if: a. Covered property is insured under more than one policy: (1) Issued by us; or (2) Issued by an “assumption insurer” during your Citizens policy calendar year period; and b. At the time of loss, different hurricane deductibles apply to the same property under such policies; Page 1 of 2 with their permissionPage 2 of 2 Then the hurricane deductible applicable under all such policies used to determine the total of all loss payable under Section | - Property Coverages shall be: The highest amount stated in any one of the policies that is in effect at the time of the loss. 4. When: a. A renewal policy is issued by us or an “assumption” insurer; or b. We or an “assumption insurer” issue a policy that replaces one issued by us; and c. The renewal or replacement policy takes effect on a date other than January ‘st of a calendar year, the following provisions apply: (1) If the renewal or replacement policy: (a) Provides a _ lower hurricane deductible than the prior policy; and (b) You incurred loss from a hurricane under a prior policy in that same calendar year; The lower hurricane deductible will not take effect until January 1st of the following calendar year. (2) If the renewal or replacement policy: (a) Provides a _ lower hurricane deductible than the prior policy; and (b) You have not incurred a hurricane loss in that same calendar year; The lower hurricane deductible will take effect on the effective date of the renewal or replacement policy. (3) If the renewal or replacement policy provides a higher hurricane deductible than the prior policy, the higher hurricane deductible: (a) Will take effect on the effective date of the renewal or replacement policy; and (b) Shall be used to calculate the remaining dollar amount of the hurricane deductible. 5. An “assumption insurer” means an insurer who assumes contractual liability of your Citizens policy under an assumption agreement or take out plan pursuant to Florida Statutes 627.351(6) and 627.3511. All other provisions of this policy apply. Includes copyrighted material of Insurance Services Office, Inc., with their permission CIT 24 07 08HOMEOWNERS. CIT HO-3 02 19 CITIZENS HOMEOWNERS 3 - SPECIAL FORM TABLE OF CONTENTS GENERAL Agreement 1 A.6. War 19 Definitions 1 A.7. Nuclear Hazard 19 A.8. Intentional Loss 19 SECTION | - PROPERTY COVERAGES A.9. Loss Caused By “Sinkhole” 19 A.10. “Fungi”, Wet Or Dry Rot, Yeast A. Coverage A - Dwelling 4 Or Bacteria 20 B. Coverage B - Other Structures 4 A.11. Existing Damage 20 C. Special Limit Of Liability A.12. Constant Or Repeated Seepage Coverages A, B &D 5 Or Leakage Of Water Or Steam 20 D. Coverage C - Personal Property 5 A.13. Accidental Discharge Or Overflow 1. Covered Property 5 Of Water Or Steam 19 2. Limit For Property At Other Locations 5 B.1. Weather Conditions 20 3. Special Limits Of Liability 5 B.2. Acts or Decisions 20 4. Property Not Covered 6 B.3. Faulty, Inadequate Or Defective 20 E. Coverage D - Loss Of Use 7 F. Reasonable Emergency Measures 8 SECTION | - CONDITIONS G. Additional Coverages 1. Debris Removal 9 A. Insurable Interest And Limit of Liability 20 2. Trees, Shrubs and Other Plants 9 B. Duties After Loss 21 3. Fire Department Service Charge 9 C. Loss Settlement 22 4. Property Removed 9 D. Loss ToA Pair Or Set 23 5. Credit Card, Fund Transfer Card, E. Glass Replacement 23 Forgery and Counterfeit Money 9 F. Alternative Dispute Resolution 24 6. Loss Assessment 10 G. Other Insurance And Service 7. Collapse 10 Agreement 25 8. Glass Or Safety Glazing Material 11 H. Suit Against Us 25 9. Landlord’s Furnishings 12 |. Our Option 25 10. “Fungi”, Wet Or Dry Rot, J. Loss Payment 25 Yeast Or Bacteria 12 kK. Abandonment Of Property 26 11, Ordinance or Law 12 L. Mortgage Clause 26 M. No Benefit To Bailee 26 SECTION | - PERILS INSURED AGAINST N. Nuclear Hazard Clause 26 ©. Recovered Property 26 A. Coverages A&B 13 P. Volcanic Eruption Period 27 B. Coverage C 17 Q. Adjustment To Property Coverage Limits 27 SECTION | - EXCLUSIONS R. Deductible 27 S. Policy Period 27 A. Ordinance Or Law 18 T. Concealment Or Fraud 27 A2. Earth Movement And Settlement 19 A.3. Water Damage 19 SECTION Il - LIABILITY COVERAGES AA. Power Failure 19 A5. Neglect 19 A. Coverage E — Personal Liability 27 B. Coverage F — Medical Payments To Others 27 CIT HO-3 02 19 Includes copyrighted material of Insurance Services Office, Inc., Pagei with its permissionSECTION Il - EXCLUSIONS ZOmMMoNDyY . Motor Vehicle Liability 27 . Watercraft Liability 28 . Personal Watercraft Liability 28 . Aircraft Liability 28 . Hovercraft Liability 28 . Coverage E & F 29 . Coverage E 30 . Coverage F 31 SECTION II - ADDITIONAL COVERAGES A. B. Cc. D. Claim Expenses 31 First Aid Expenses 31 Damage To Property Of Others 31 Loss Assessment 31 SECTION Il - CONDITIONS m com> ACTTON Limit Of Liability 32 Severability Of Insurance 32 Duties After Occurrence 32 Duties Of An Injured Person - Coverage F — Medical Payments To Others 33 Payment Of Claim — Coverage F — Medical Payments To Others 33 Suit Against Us 33 Bankruptcy Of An Insured 33 Other Insurance 33 Joint Obligations 33 Policy Period 33 Concealment Or Fraud 33 SECTIONS | AND II - CONDITIONS CREM TOMMDOD> Liberalization Clause 33 Waiver Or Change Of Policy Provisions 34 Cancellation 34 Nonrenewal 35 Assignment 36 Salvage 37 . Subrogation 37 Inspections And Surveys 37 Notification Regarding Access 37 Death 37 Renewal Notification 37 Document Transmittal 37 CIT HO-3 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission HOMEOWNERS CIT HO-3 02 19 Page iiCITIZENS HOMEOWNERS 3 - SPECIAL FORM AGREEMENT This Policy is issued on behalf of the Citizens Property Insurance Corporation and by acceptance of this Policy you agree: 1. That the statements in the Application(s) are your representations; 2. That this Policy is issued in reliance upon the truth of those representations; 3. That this Policy embodies all agreements existing between you and the Citizens Property Insurance Corporation relating to this Policy. We will provide the insurance described in this Policy in return for the premium and compliance with all applicable provisions of this Policy. This Policy does not include, does not insure, and we will not pay for, any “diminution in value”, except under liability coverage in SECTION Il — LIABILITY COVERAGES. DEFINITIONS A. In this Policy, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident of the same household. "We", "us" and "our" refer to the Company providing this insurance. B. In addition, certain words and phrases are defined as follows: 41. "Aircraft Liabi Hovercraft Liability", "Motor Vehicle Liability", “Personal Watercraft Liability’, and "Watercraft Liability", subject to the provisions in 1.b. below, mean the following: a. Liability for "bodily injury" or “property damage" arising out of the: (1) Ownership of such vehicle or craft by an “insured"; (2) Maintenance, occupancy, operation, use, loading or unloading of s