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Filing # 125265541 E-Filed 04/20/2021 02:49:26 PM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
GIOVANIS REYES AND ISABEL GUERRA, CASE NO.: 20-0001164 CA
Plaintiff,
vs.
PEOPLE’S TRUST INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES
Defendant, PEOPLE’S TRUST INSURANCE COMPANY (“PTI”), by and through
undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby serves
its Amended Answer and Affirmative Defenses to the Complaint as follows:
PARTIES, JURISDICTION AND VENUE
1. Denied.
2. Without knowledge; therefore, denied.
3. Admitted.
4. Admitted for venue purposes only; otherwise, denied.
5. Denied and PTI asserts with specificity and particularity that the Plaintiff failed to
promptly report the loss to PTI, failed to show the damaged property, failed to
submit requested documentation, and failed to protect the property from damage
at or after the reported loss event, all of which prejudiced PTI’s investigation of the
reported loss.
GENERAL ALLEGATIONS
6. Admitted only that PTI issued policy number PFL370668-01, which provided
certain coverages to the property located at 131 Leland Street, SE, Port Charlotte,Case no. 20-0001164 CA
Florida 33952, with effective dates from February 2, 2019 through February 2,
2020, subject to the terms, conditions, exclusions and endorsements contained
therein.
7. Admitted only that PTI is in possession of a copy of the subject policy; without
knowledge as to the remainder; therefore, denied.
8. Denied as phrased.
9. PTI asserts that the subject policy, which is subject to the terms, conditions,
exclusions and endorsements contained therein, speaks for itself; therefore,
denied as phrased.
10. Admitted only that the Plaintiffs reported to PTI that a sudden and accidental failure
of the plumbing system occurred on January 15, 2020.
11.Admitted only that PT| assigned claim number CFL20560193 to the reported loss.
12.Admitted only that PTI found coverage for the reported loss in accordance with the
Limited Water Damage Endorsement and fully indemnified the Plaintiffs for the
loss.
13.Denied.
14. Denied.
15. Denied.
16. Denied.
COUNT I - BREACH OF CONTRACT
17.PTI reincorporates paragraphs 1 through 15 as if fully set forth herein.
18.Denied as phrased.
19. Denied.
Page 2 of 11Case no. 20-0001164 CA
20.Admitted only that PT! found coverage for the reported loss in accordance with the
Limited Water Damage Endorsement and fully indemnified the Plaintiffs for the
loss.
21.Denied.
22. Denied.
GENERAL DENIAL AND RESERVATION OF RIGHT TO AMEND
PTI denies all allegations in the Complaint not expressly admitted above, including
those in Plaintiff's wherefore clause of the Complaint and reserves its right to supplement
or amend its affirmative defenses as discovery is ongoing.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
PTI states that the rights and obligations of the parties are strictly defined and
controlled by the express terms, conditions, limitations and exclusions and/or
endorsements of the Policy.
SECOND AFFIRMATIVE DEFENSE
This action is barred to the extent that indemnification is sought for claimed
damages resulting from neglect of the Insured failed to promptly report the loss, failed to
show the damaged property, failed to appear at and allow the scheduled inspection by
the field adjuster, failed to submit requested documentation, including a sworn proof of
loss, and failed to protect the property from damage at or after the reported loss event,
all of which prejudiced PTI’s investigation of the reported loss. Please see the subject
policy — Section | — Conditions C. Duties After Loss 1., 5., 6., 7., 8., 9. as well as the
following:
Page 3 of 11Case no. 20-0001164 CA
SECTION | - EXCLUSIONS
A. We do not insure for loss caused directly or indirectly by any of the
following. Such loss is excluded regardless of any other cause or event
contributing concurrently or in any sequence to the loss. These exclusions
apply whether or not the loss event results in widespread damage or
affects a substantial area.
1.
5. “Neglect” means neglect of an “insured” to use all
reasonable means to save and preserve property at
and after the time of a loss.
See Policy P003 Section | —- Exclusions
THIRD AFFIRMATIVE DEFENSE
Defendant is entitled to a set-off for the policy’s deductible in the event that
coverage is determined in Plaintiff's favor.
B. Deductible
Unless otherwise noted in this policy, the following deductible provision
applies:
With respect to any one loss:
1. Subject to the applicable limit of liability, we will pay only that part of the
total of all loss payable that exceeds the deductible amount shown in the
Declarations.
2. If two or more deductibles under this policy apply to the loss, only the
highest deductible amount will apply
See Policy P003 Section | - Conditions pg. 20.
FOURTH AFFIRMATIVE DEFENSE
PTI is entitled to a set-off to extent that the Insured has received indemnification
payments and/or repairs for claimed damage allegedly resulting from the reported loss
event.
Page 4 of 11Case no. 20-0001164 CA
FIFTH AFFIRMATIVE DEFENSE
To the extent that any monies are recoverable under the Policy, any loss payable
under Coverage A or B will be paid to the mortgagee and the Insured, as their interest
appears.
M. Mortgage Clause
The word "mortgagee" includes trustee. Any loss payable under Coverage A or B
will be paid to the mortgagee and you, as interest appears. If there is more than
one mortgagee, the order of payment will be the same as the order of precedence
of the mortgages.
See Policy, Section | — Conditions
SIXTH AFFIRMATIVE DEFENSE
This action is barred to the extent that indemnification is sought for claimed
damage caused by wear and tear, marring, deterioration, mechanical breakdown, latent
defect, inherent vice, rust or other corrosion.
SECTION | - PERILS INSURED AGAINST
A. Coverage A — Dwelling And Coverage B — Other Structures
1.
2. We do not insure, however, for loss:
a. Excluded under Section | — Exclusions:
b. ...
c. Caused by: ...
(1)...
(6) Any of the following:
(a) Wear and tear, marring, deterioration
(b) Mechanical breakdown, latent defect, inherent vice or
any quality in property that causes it to damage or destroy
itself;
(c) Smog, rust or other corrosion;
See Policy Section | — Perils Insured Against.
SEVENTH AFFIRMATIVE DEFENSE
Page 5 of 11Case no. 20-0001164 CA
This action should be dismissed for lack of subject matter jurisdiction since the
amount in controversy does not exceed the minimal jurisdictional amount of $30,000.00.
EIGHTH AFFIRMATIVE DEFENSE
This action is barred to the extent that indemnification is sought for claimed
damages that are excluded under the policy’s Water Damage Exclusion Endorsement.
Under SECTION I - EXCLUSIONS item 3. Water is replaced by the following:
3. Water, meaning:
a. Flood, surface water, waves, tidal water, overflow of any
body of water, or spray from any of these, whether or not
driven by wind;
b. Water, water-borne material, sewage or any other
substance which backs up through sewers or drains;
c. Water, water-borne material, sewage or any other
substance that overflows from a sump pump, sump
pump well or any other system designed for the removal
of subsurface water which is drained from a foundation
area of a structure;
d. Water, water-borne material, sewage or any other
substance on or below the surface of the ground,
regardless of its source. This includes water or any other
substance which exerts pressure on or flows, seeps or
leaks through a building, sidewalk, driveway, foundation,
swimming pool or other structure;
e. Discharge or overflow of water or steam from within a
plumbing, heating, air conditioning or automatic fire
protective sprinkler system or from within a household
appliance; or
f. Water penetration through the roof system or exterior
walls or windows unless water penetration is a direct result
of damage caused by a Peril Insured Against other than
water and not otherwise excluded in the policy; caused by
or resulting from human or animal forces or any act of
nature.
Water Damage subsequent to and as a direct result of
damage caused by a Peril Insured Against, other than
water, will be covered under that peril provided that peril is
not otherwise excluded in the policy. The covered damage
will be subject to the applicable deductible stated in your
policy declaration.
Page 6 of 11Case no. 20-0001164 CA
Direct loss by fire or explosion resulting from water is
covered. All other provisions of your policy that are not
affected by this endorsement remain unchanged
NINTH AFFIRMATIVE DEFENSE
The Policy limits the total loss payable to $10,000.00 under the Limited Water
Damage Coverage endorsement for sudden and accidental direct physical loss to
covered property by discharge or overflow of water or steam. PTI paid the $10,000
policy limit in full; therefore, this action is barred.
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT
CAREFULLY
AGREEMENT
“We? will provide the insurance described in this endorsement in return for the
additional premium paid by “you” and “your” compliance with all applicable
provisions of this policy.
The policy endorsed to provide coverage for the following:
Sudden and accidental direct physical loss to covered property by discharge or
overflow of water or steam from within a plumbing, heating, air conditioning or
automatic fire protective sprinkler system or from within a household appliance.
TENTH AFFIRMATIVE DEFENSE
This action is barred to the extent that the policy does not cover loss to the system
or applicable from which the water or steam escaped. Please see the subject policy
Section | - Perils Insured Against A. Coverage A — Dwelling and Coverage B — Other
Structures 2. c. (6).
ELEVENTH AFFIRMATIVE DEFENSE
Page 7 of 11Case no. 20-0001164 CA
This action is barred and/or limited to the extent the loss was caused or
exacerbated by constant and repeated seepage or leakage. Please see the subject policy
Section | —- Exclusions 13.
TWELFTH AFFIRMATIVE DEFENSE
The policy limits total loss payable for all property coverages reportedly caused by
fungi, wet or dry rot, yeast, or bacteria at $10,000.00, which includes testing and removal,
and repairs to property.
In the event coverage is determined in favor of Plaintiff for damage reportedly
caused by fungi, wet or dry rot, yeast, or bacteria, the total loss payable shall be capped
accordingly.
11. “Fungl", Wet Or Dry Rot, Or Bacteria
We will pay up to $10,000 for:
(1) The total of all loss payable under Section | — Property Coverages
caused by "fungi", wet or dry rot, or bacteria;
(2) The cost to remove “fungi”, wet or dry rot, or bacteria from
property covered under Section | — Property Coverages;
(3) The cost to tear out and replace any part of the building or other
covered property as needed to gain access to the "fungi", wet or dry
rot, or bacteria;
(4) The cost of testing of air or property to confirm the absence,
presence or level of "fungi", wet or dry rot, or bacteria, whether
performed prior to, during or after removal, repair, restoration or
replacement; the cost of such testing will be provided only to the
extent that there is a reason to believe that there is the presence of
"fungi", wet or dry rot, or bacteria.
b. The coverage described in a. only applies when such loss or costs
are a result of a Peril Insured Against that occurs during the policy
period and only if all reasonable means were used to save and
preserve the property from further damage at and after the time the
Peril Insured Against occurred.
Cc. $10,000 is the most we will pay for the total of all loss or costs
payable under this Additional Coverage regardless of the:
(1) Number of locations insured; or
(2) Number of claims made.
d. If there is covered loss or damage to covered property not caused,
in whole or in part, by "fungi", wet or dry rot, or bacteria, loss payment
Page 8 of 11Case no. 20-0001164 CA
will not be limited by the terms of this Additional Coverage, except to
the extent that "fungi", wet or dry rot, or bacteria cause an increase
in the loss. Any such increase in the loss will be subject to the terms
of this Additional Coverage.
This coverage does not increase the limit of liability applying to the damaged
covered property.
See Policy Section | — Property Coverages.
THIRTEENTH AFFIRMATIVE DEFENSE
This action is barred to the extent that indemnification is sought for claimed
damages resulting from Fungi, Wet or Dry Rot, or Bacteria.
SECTION I - EXCLUSIONS
A. We do not insure for loss caused directly or indirectly by any of the
following. Such loss is excluded regardless of any other cause or
event contributing concurrently or in any sequence to the loss. These
exclusions apply whether or not the loss event results in widespread
damage or affects a substantial area.
1.
11.“Fungi,” Wet or Dry Rot, Or Bacteria
a. Means the presence, growth, proliferation, spread or
any activity of “fungi,” wet or dry rot, or bacteria.
b. This Exclusion does not apply:
(1) When “fungi,” wet or dry rot, or bacteria results from
fire or lightning; or (
2) To the extent, coverage is provided for in the “Fungi,”
Wet or Dry Rot, or Bacteria, Additional Coverage under
SECTION | - PROPERTY COVERAGES with respect
to loss caused by a Peril Insured Against other than fire
or lightning.
Direct loss by a Peril Insured Against resulting from
“fungi,” wet or dry rot, or bacteria is covered.
See Policy P003 Section | — Exclusions.
Page 9 of 11Case no. 20-0001164 CA
FOURTEENTH AFFIRMATIVE DEFENSE
This action is barred and/or limited to the extent that the Plaintiffs have failed to
demonstrate that any “additional coverage” under Ordinance and Law is due and owing
for this claim and Plaintiffs have not incurred any expenses relating to same, resulting in
prejudice to PTI. Please see the subject policy Coverage D — Loss of Use - E. Additional
Coverages 12.
WHEREFORE, Defendant, PEOPLE’S TRUST INSURANCE COMPANY, hereby
moves this Honorable Court for judgment in its favor, an award of taxable costs, and all
other relief this Court deems appropriate under the circumstances.
DEMAND FOR JURY TRIAL
PEOPLE’S TRUST INSURANCE COMPANY hereby demands a jury trial for all
issues triable as a matter of right by a jury.
(CERTIFICATE OF SERVICE ON FOLLOWING PAGE)
Page 10 of 11Case no. 20-0001164 CA
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been E-
FILED via FLORIDA E-PORTAL furnished via electronic mail at Your Insurance Attorney,
PLLC. 2601 South Bayshore Drive, 18'" Floor, Coconut Grove, Florida 33133, Joe
DePrado, Esq., JDP@yourinsuranceattorney.com; YIA11@yourinsuranceattorney.com
on April 20, 2021.
Attorney for People’s Trust Insurance
Company
18 People’s Trust Way
Deerfield Beach, FL 33441-6270
Phone: (561) 609-1209
Facsimile: (561) 923-8781
Lindsey Halligan, Esq.
lhalligan@pti.insure
icepero@pti.insure
By: _s/ Lindsey Halligan
LINDSEY HALLIGAN, ESQ.
Florida Bar No.: 109481
Page 11 of 11
Preview
Filing # 125265541 E-Filed 04/20/2021 02:49:26 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA GIOVANIS REYES AND ISABEL GUERRA, CASE NO.: 20-0001164 CA Plaintiff, vs. PEOPLE’S TRUST INSURANCE COMPANY, Defendant. / DEFENDANT’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES Defendant, PEOPLE’S TRUST INSURANCE COMPANY (“PTI”), by and through undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby serves its Amended Answer and Affirmative Defenses to the Complaint as follows: PARTIES, JURISDICTION AND VENUE 1. Denied. 2. Without knowledge; therefore, denied. 3. Admitted. 4. Admitted for venue purposes only; otherwise, denied. 5. Denied and PTI asserts with specificity and particularity that the Plaintiff failed to promptly report the loss to PTI, failed to show the damaged property, failed to submit requested documentation, and failed to protect the property from damage at or after the reported loss event, all of which prejudiced PTI’s investigation of the reported loss. GENERAL ALLEGATIONS 6. Admitted only that PTI issued policy number PFL370668-01, which provided certain coverages to the property located at 131 Leland Street, SE, Port Charlotte,Case no. 20-0001164 CA Florida 33952, with effective dates from February 2, 2019 through February 2, 2020, subject to the terms, conditions, exclusions and endorsements contained therein. 7. Admitted only that PTI is in possession of a copy of the subject policy; without knowledge as to the remainder; therefore, denied. 8. Denied as phrased. 9. PTI asserts that the subject policy, which is subject to the terms, conditions, exclusions and endorsements contained therein, speaks for itself; therefore, denied as phrased. 10. Admitted only that the Plaintiffs reported to PTI that a sudden and accidental failure of the plumbing system occurred on January 15, 2020. 11.Admitted only that PT| assigned claim number CFL20560193 to the reported loss. 12.Admitted only that PTI found coverage for the reported loss in accordance with the Limited Water Damage Endorsement and fully indemnified the Plaintiffs for the loss. 13.Denied. 14. Denied. 15. Denied. 16. Denied. COUNT I - BREACH OF CONTRACT 17.PTI reincorporates paragraphs 1 through 15 as if fully set forth herein. 18.Denied as phrased. 19. Denied. Page 2 of 11Case no. 20-0001164 CA 20.Admitted only that PT! found coverage for the reported loss in accordance with the Limited Water Damage Endorsement and fully indemnified the Plaintiffs for the loss. 21.Denied. 22. Denied. GENERAL DENIAL AND RESERVATION OF RIGHT TO AMEND PTI denies all allegations in the Complaint not expressly admitted above, including those in Plaintiff's wherefore clause of the Complaint and reserves its right to supplement or amend its affirmative defenses as discovery is ongoing. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE PTI states that the rights and obligations of the parties are strictly defined and controlled by the express terms, conditions, limitations and exclusions and/or endorsements of the Policy. SECOND AFFIRMATIVE DEFENSE This action is barred to the extent that indemnification is sought for claimed damages resulting from neglect of the Insured failed to promptly report the loss, failed to show the damaged property, failed to appear at and allow the scheduled inspection by the field adjuster, failed to submit requested documentation, including a sworn proof of loss, and failed to protect the property from damage at or after the reported loss event, all of which prejudiced PTI’s investigation of the reported loss. Please see the subject policy — Section | — Conditions C. Duties After Loss 1., 5., 6., 7., 8., 9. as well as the following: Page 3 of 11Case no. 20-0001164 CA SECTION | - EXCLUSIONS A. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 1. 5. “Neglect” means neglect of an “insured” to use all reasonable means to save and preserve property at and after the time of a loss. See Policy P003 Section | —- Exclusions THIRD AFFIRMATIVE DEFENSE Defendant is entitled to a set-off for the policy’s deductible in the event that coverage is determined in Plaintiff's favor. B. Deductible Unless otherwise noted in this policy, the following deductible provision applies: With respect to any one loss: 1. Subject to the applicable limit of liability, we will pay only that part of the total of all loss payable that exceeds the deductible amount shown in the Declarations. 2. If two or more deductibles under this policy apply to the loss, only the highest deductible amount will apply See Policy P003 Section | - Conditions pg. 20. FOURTH AFFIRMATIVE DEFENSE PTI is entitled to a set-off to extent that the Insured has received indemnification payments and/or repairs for claimed damage allegedly resulting from the reported loss event. Page 4 of 11Case no. 20-0001164 CA FIFTH AFFIRMATIVE DEFENSE To the extent that any monies are recoverable under the Policy, any loss payable under Coverage A or B will be paid to the mortgagee and the Insured, as their interest appears. M. Mortgage Clause The word "mortgagee" includes trustee. Any loss payable under Coverage A or B will be paid to the mortgagee and you, as interest appears. If there is more than one mortgagee, the order of payment will be the same as the order of precedence of the mortgages. See Policy, Section | — Conditions SIXTH AFFIRMATIVE DEFENSE This action is barred to the extent that indemnification is sought for claimed damage caused by wear and tear, marring, deterioration, mechanical breakdown, latent defect, inherent vice, rust or other corrosion. SECTION | - PERILS INSURED AGAINST A. Coverage A — Dwelling And Coverage B — Other Structures 1. 2. We do not insure, however, for loss: a. Excluded under Section | — Exclusions: b. ... c. Caused by: ... (1)... (6) Any of the following: (a) Wear and tear, marring, deterioration (b) Mechanical breakdown, latent defect, inherent vice or any quality in property that causes it to damage or destroy itself; (c) Smog, rust or other corrosion; See Policy Section | — Perils Insured Against. SEVENTH AFFIRMATIVE DEFENSE Page 5 of 11Case no. 20-0001164 CA This action should be dismissed for lack of subject matter jurisdiction since the amount in controversy does not exceed the minimal jurisdictional amount of $30,000.00. EIGHTH AFFIRMATIVE DEFENSE This action is barred to the extent that indemnification is sought for claimed damages that are excluded under the policy’s Water Damage Exclusion Endorsement. Under SECTION I - EXCLUSIONS item 3. Water is replaced by the following: 3. Water, meaning: a. Flood, surface water, waves, tidal water, overflow of any body of water, or spray from any of these, whether or not driven by wind; b. Water, water-borne material, sewage or any other substance which backs up through sewers or drains; c. Water, water-borne material, sewage or any other substance that overflows from a sump pump, sump pump well or any other system designed for the removal of subsurface water which is drained from a foundation area of a structure; d. Water, water-borne material, sewage or any other substance on or below the surface of the ground, regardless of its source. This includes water or any other substance which exerts pressure on or flows, seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool or other structure; e. Discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or from within a household appliance; or f. Water penetration through the roof system or exterior walls or windows unless water penetration is a direct result of damage caused by a Peril Insured Against other than water and not otherwise excluded in the policy; caused by or resulting from human or animal forces or any act of nature. Water Damage subsequent to and as a direct result of damage caused by a Peril Insured Against, other than water, will be covered under that peril provided that peril is not otherwise excluded in the policy. The covered damage will be subject to the applicable deductible stated in your policy declaration. Page 6 of 11Case no. 20-0001164 CA Direct loss by fire or explosion resulting from water is covered. All other provisions of your policy that are not affected by this endorsement remain unchanged NINTH AFFIRMATIVE DEFENSE The Policy limits the total loss payable to $10,000.00 under the Limited Water Damage Coverage endorsement for sudden and accidental direct physical loss to covered property by discharge or overflow of water or steam. PTI paid the $10,000 policy limit in full; therefore, this action is barred. THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY AGREEMENT “We? will provide the insurance described in this endorsement in return for the additional premium paid by “you” and “your” compliance with all applicable provisions of this policy. The policy endorsed to provide coverage for the following: Sudden and accidental direct physical loss to covered property by discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or from within a household appliance. TENTH AFFIRMATIVE DEFENSE This action is barred to the extent that the policy does not cover loss to the system or applicable from which the water or steam escaped. Please see the subject policy Section | - Perils Insured Against A. Coverage A — Dwelling and Coverage B — Other Structures 2. c. (6). ELEVENTH AFFIRMATIVE DEFENSE Page 7 of 11Case no. 20-0001164 CA This action is barred and/or limited to the extent the loss was caused or exacerbated by constant and repeated seepage or leakage. Please see the subject policy Section | —- Exclusions 13. TWELFTH AFFIRMATIVE DEFENSE The policy limits total loss payable for all property coverages reportedly caused by fungi, wet or dry rot, yeast, or bacteria at $10,000.00, which includes testing and removal, and repairs to property. In the event coverage is determined in favor of Plaintiff for damage reportedly caused by fungi, wet or dry rot, yeast, or bacteria, the total loss payable shall be capped accordingly. 11. “Fungl", Wet Or Dry Rot, Or Bacteria We will pay up to $10,000 for: (1) The total of all loss payable under Section | — Property Coverages caused by "fungi", wet or dry rot, or bacteria; (2) The cost to remove “fungi”, wet or dry rot, or bacteria from property covered under Section | — Property Coverages; (3) The cost to tear out and replace any part of the building or other covered property as needed to gain access to the "fungi", wet or dry rot, or bacteria; (4) The cost of testing of air or property to confirm the absence, presence or level of "fungi", wet or dry rot, or bacteria, whether performed prior to, during or after removal, repair, restoration or replacement; the cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of "fungi", wet or dry rot, or bacteria. b. The coverage described in a. only applies when such loss or costs are a result of a Peril Insured Against that occurs during the policy period and only if all reasonable means were used to save and preserve the property from further damage at and after the time the Peril Insured Against occurred. Cc. $10,000 is the most we will pay for the total of all loss or costs payable under this Additional Coverage regardless of the: (1) Number of locations insured; or (2) Number of claims made. d. If there is covered loss or damage to covered property not caused, in whole or in part, by "fungi", wet or dry rot, or bacteria, loss payment Page 8 of 11Case no. 20-0001164 CA will not be limited by the terms of this Additional Coverage, except to the extent that "fungi", wet or dry rot, or bacteria cause an increase in the loss. Any such increase in the loss will be subject to the terms of this Additional Coverage. This coverage does not increase the limit of liability applying to the damaged covered property. See Policy Section | — Property Coverages. THIRTEENTH AFFIRMATIVE DEFENSE This action is barred to the extent that indemnification is sought for claimed damages resulting from Fungi, Wet or Dry Rot, or Bacteria. SECTION I - EXCLUSIONS A. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 1. 11.“Fungi,” Wet or Dry Rot, Or Bacteria a. Means the presence, growth, proliferation, spread or any activity of “fungi,” wet or dry rot, or bacteria. b. This Exclusion does not apply: (1) When “fungi,” wet or dry rot, or bacteria results from fire or lightning; or ( 2) To the extent, coverage is provided for in the “Fungi,” Wet or Dry Rot, or Bacteria, Additional Coverage under SECTION | - PROPERTY COVERAGES with respect to loss caused by a Peril Insured Against other than fire or lightning. Direct loss by a Peril Insured Against resulting from “fungi,” wet or dry rot, or bacteria is covered. See Policy P003 Section | — Exclusions. Page 9 of 11Case no. 20-0001164 CA FOURTEENTH AFFIRMATIVE DEFENSE This action is barred and/or limited to the extent that the Plaintiffs have failed to demonstrate that any “additional coverage” under Ordinance and Law is due and owing for this claim and Plaintiffs have not incurred any expenses relating to same, resulting in prejudice to PTI. Please see the subject policy Coverage D — Loss of Use - E. Additional Coverages 12. WHEREFORE, Defendant, PEOPLE’S TRUST INSURANCE COMPANY, hereby moves this Honorable Court for judgment in its favor, an award of taxable costs, and all other relief this Court deems appropriate under the circumstances. DEMAND FOR JURY TRIAL PEOPLE’S TRUST INSURANCE COMPANY hereby demands a jury trial for all issues triable as a matter of right by a jury. (CERTIFICATE OF SERVICE ON FOLLOWING PAGE) Page 10 of 11Case no. 20-0001164 CA CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been E- FILED via FLORIDA E-PORTAL furnished via electronic mail at Your Insurance Attorney, PLLC. 2601 South Bayshore Drive, 18'" Floor, Coconut Grove, Florida 33133, Joe DePrado, Esq., JDP@yourinsuranceattorney.com; YIA11@yourinsuranceattorney.com on April 20, 2021. Attorney for People’s Trust Insurance Company 18 People’s Trust Way Deerfield Beach, FL 33441-6270 Phone: (561) 609-1209 Facsimile: (561) 923-8781 Lindsey Halligan, Esq. lhalligan@pti.insure icepero@pti.insure By: _s/ Lindsey Halligan LINDSEY HALLIGAN, ESQ. Florida Bar No.: 109481 Page 11 of 11