No Value: BONNER, ROBERT vs. CITIZENS PROPERTY INSURANCE COMPANY

On July 08, 109 a No Value was filed involving a dispute between Bonner, Robert, and Citizens Property Insurance Company, for CIRCUIT CIVIL in the District Court of Osceola County.

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Filing # 184892676 E-Filed 10/27/2023 10:30:27 AM

IN THE CIRCUIT COURT OF THE 9TH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA

Case No.2022-CA-1198-CI

ROBERT BONNER,

Plaintiff,
V.

CITIZENS PROPERTY INSURANCE
CORPORATION,

Defendant.
/

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND INCORPORATED
MEMORANDUM OF LAW

Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“CITIZENS”),

pursuant to Fla. R. Civ. P., 1.510, hereby files this Motion for Final Summary Judgment. As

outlined below, Plaintiff, ROBERT BONNER (hereinafter "Plaintiff') claims he is entitled to

insurance benefits from alleged damages caused by a windstorm that occurred on or about April

11, 2021. Plaintiff bears the burden of proof in this matter and, in fact, Plaintiff has not met the

burden of proving a peril created opening caused the alleged damage, and as grounds, Defendant

states as follows:

UNDISPUTED FACTS

1 The instant suit arises from an alleged loss reported by Plaintiff to CITIZENS to

have occurred due to a windstorm on or about April 11, 2021. (See paragraph 7 of Plaintiff's

Complaint attached hereto as Exhibit “A”’.)

2 Plaintiff asserts at the time of the claimed loss, policy number 04621240 was in

effect from December 8, 2020 through December 8, 2021, which insured the residential property
located at 1097 Hidden Harbor Ln, Kissimmee, FL 34746. (See paragraphs 5 and 8 of Plaintiff's

Complaint attached hereto as Exhibit “A”, and see also the full and Certified Copy of Policy of

Insurance, attached hereto as Exhibit "B" as specifically referenced in Plaintiff's Complaint.)

3 As a result of the claimed loss, CITIZENS retained James Moore, MCE, P.E. with

Grindley Williams Engineering to determine the cause and extent of damage to the Subject

Property, 1097 Hidden Harbor Ln, Kissimmee, FL 34746 ("Subject Property") that reportedly

occurred from a windstorm on April 11, 2021, specifically, with regard to wind damage to the

exterior roof allegedly resulting in interior water damage. (See Affidavit of Engineer, James Moore

at paragraph 6 attached hereto as Exhibit "C.")

4 Engineer James Moore performed inspection of the roof, and exterior of the

property on or about March 3, 2022. (See Affidavit of Engineer, James Moore at paragraph 7

attached hereto as Exhibit “C.”’)

5 Engineer James Moore performed inspection of the interior of the property on or

about March 3, 2022. (See Affidavit of Engineer, James Moore at paragraph 7 attached hereto as

Exhibit “C.”)

6. Pursuant to the report of the claim, CITIZENS’ engineer advised that there was no

storm- created opening found to the roof or exterior of the subject property. (See Affidavit of

Engineer, James Moore at paragraph 13 attached hereto as Exhibit “C.”)
7
Moore determined the condition of the roof of the Subject Property was not caused

by wind, but rather thermal expansion/contraction normal aging, age-related wear, improper

installation, and manufacturing defects. Further, there were no indications of wind-related damage

which would include collateral damage such as detachment of screen material, window screens,
soffits, fascia flashing, and/or other architectural appurtenances. (See Affidavit of Engineer, James

Moore at paragraph 12 attached hereto as Exhibit “C”).

8 Accordingly, on or about March 31, 2022, CITIZENS sent Plaintiff a letter denying

Plaintiff's claim on the grounds that the policy does not provide coverage for rain to the interior

of a building unless a covered peril first damages the building, causing an opening in a roof or

wall, allowing the rain to enter through this opening. (See March 31, 2022 correspondence

attached hereto as Exhibit “D”).

9 Additionally, the policy does not provide coverage for damages caused by wear and

tear, deterioration, thermal expansion/contraction, foot traffic, normal againg, deferred

maintenance, improper installation, manufacturing defects, and complex roof geometry.

Plaintiff's policy states in pertinent part:

SECTION I — PERILS INSURED AGAINST
A, Coverage A — Dwelling And Coverage B — Other Structures
2. We do not insure, however, for loss:
b. Caused by:

eRK
(8) Rain, snow, sleet, sand or dust to the interior of a building
unless a covered peril first damages the building causing an
opening in a roof or wall and the rain, snow, sleet, sand or dust
enters through this opening.

(9) Any of the following:
(a) Wear and tear, marring, chipping, scratches, dents, or
deterioration;
(b) Inherent vice, latent defect, defect or mechanical breakdown;

eRK

SECTION
I —- EXCLUSIONS

B. We do not insure for loss to property described in Coverages A
and B caused by any of the following.
eK
3.Faulty, Inadequate Or Defective:

a. Planning, zoning, development, surveying, siting;
b. Design, specifications, workmanship, repair, construction,
renovation, remodeling, grading, compaction;
c. Materials used in repair, construction, renovation or
remodeling; or
d. Maintenance;
of part or all of any property whether on or off the "residence
premises".

(CIT HO-3 02 20 at pages 13- 39). (See Policy of Insurance attached hereto as Exhibit "B.")

10. As a result of the denial of Plaintiff's claim, Plaintiff filed a one-count Complaint

alleging Breach of Contract against Citizens. (See Plaintiff's Complaint attached hereto as Exhibit
“4.”)

11. Plaintiff's Complaint generally alleges that the policy provides coverage for the

alleged loss. (See generally, Plaintiff's Complaint attached hereto as Exhibit “A.”)

12. Plaintiff's policy only covers loss to the interior due to a peril-created opening. (See

pages 13 - 15 of the Policy of Insurance attached hereto as Exhibit “B”). The allegations set forth

in Plaintiffs Complaint fail to plead that Plaintiff's property suffered a peril created opening.

Plaintiff failed to set forth evidence to support Plaintiffs allegations. (See Plaintiff's Complaint

attached hereto as Exhibit “‘A.”)

13. As set forth in the incorporated memorandum of law in support of this motion for

summary judgment, CITIZENS has established that there is no genuine issue of material fact

regarding the claims submitted and that, as a matter of law, CITIZENS is entitled to judgment in

its favor as there is no coverage for the claimed damages pursuant to the terms, conditions,

limitations and exclusions set forth in the policy. (See Policy of Insurance attached hereto as

Exhibit "B.")
MEMORANDUM OF LAW

"Summary judgment is proper if there is no genuine issue of material fact and if the moving

party is entitled to a judgment as a matter of loss." Volusia County v. Aberdeen at Ormond Beach,

L.P., 760 So. 2d 126, 130 (Fla. 2000); see also Collections, USA, Inc. v. City of Homestead, 816

So. 2d 1225, 1227 (Fla. 3d DCA 2002). Summary judgment should be granted where the pleadings,

depositions, answers to interrogatories, admissions, affidavits, and other admissible materials

show a lack of triable issues as to any material fact and the moving party is entitled to judgment

as a matter of law. Fla. R. Civ. P. 1.510(c).

The Florida Supreme Court has now made it clear, “Where the nonmovant bears the

ultimate burden of persuasion at trial on a particular issue .. . the requirements that Rule

56 impose on the moving party are not onerous.” In Re: Amendments to Florida Rule of Civil

Procedure 1.510 So. 3d (Fla. April 29, 2021). A movant for summary judgment need not set forth

evidence in the motion when the nonmovant bears the burden of persuasion at trial. Id. See Wease

v. Ocwen Loan Servicing, LLC, 915 F. 3d 987 (5" Cir. 2019). Additionally, a moving party that

does not bear the burden of persuasion at trial can obtain summary judgment without disproving

the nonmovant’s case. In Re: Amendments to Florida Rule of Civil Procedure 1.510 So. 3d (Fla.

April 29, 2021).
The interpretation of an insurance contract is a question of law and therefore appropriate

for the Court to determine. See Washington Nat'l Ins. Corp. v. Ruderman, 117 So. 3d 943, 948

(Fla. 2013). "When the language in an insurance policy is plain and unambiguous, a court must

interpret the policy in accordance with the plain meaning so as to give effect to the policy as

written." Fla. Peninsula Ins. Co. v. Cespedes, 161 So. 3d 581, 584 (Fla. 2d DCA 2014) (quoting

Washington Nat'l Ins. Corp. v. Ruderman, 117 So. 2d 943, 948 (Fla. 2013)). Further, "in
construing insurance contracts, 'courts should read each policy as a whole, endeavoring to give

every provision its full meaning and operative effect." Jd. at 584 (quoting U.S. Fire Ins. Co. v.

J.S.U.B., Inc., 979 So. 2d 871, 877 (Fla. 2007) (internal quotations omitted). Courts have also

found that "while uncertainties and ambiguities are construed against the insurer, this does not

mean that courts are authorized to put a stained and unnatural construction on the terms of the

policy in order to create an uncertainty or ambiguity," and "the mere failure [of the policy] to

provide a definition for a term involving coverage does not necessarily render the terms

ambiguous." Jefferson Ins. Co. of New York v. Sea World of Florida, Inc., 586 So. 2d 95, 97 (Fla.

Sth DCA 1991).

The burden of proof applicable to insurance coverage disputes is well established under

Florida Law. First, the burden is on the insured to prove the loss falls “within the terms of the

all- risk policy.” W. Best, Inc. v. Underwriters and Lloyds, London, 655 So.2d 1213, 1214 (Fla.

4th DCA 1995). Then, once a loss within the terms of the policy is established, the burden shifts

to the insurer to prove that the loss falls “within an exclusionary provision.” Jd. Finally, “if there

is an exception to the exclusion the burden once again is placed on the insured to demonstrate

the exception to the exclusion.” E. Florida Hauling, Inc. v. Lexington Insurance Co., 913 So. 2d

673, 678 (Fla. 3rd DCA 2005). See also Florida Windstorm Underwriting v. Gajwani, 934 So.

2d501, 506 (Fla. 3rd DCA 2005) (holding that the insured has the burden to prove an exception

to an exclusion contained within an insurance policy.)

In this case, Plaintiff has not presented evidence that a covered peril first created any

opening in the subject roof to allow rain to come through. Under Florida Law, Plaintiff carries

the burden to establish that there was a peril created opening in the roof through which rain

entered. Plaintiff has failed to meet that burden. Specifically, during the inspection on March
31, 2022, the engineer retained by Citizens documented no storm created openings in the roof

from which rain entered to cause interior damage. (See, Affidavit of engineer, James Moore at

paragraph 13 attached hereto as Exhibit “C.”)

Plaintiff has not offered any evidence that a covered peril first damaged the property,

causing an opening in the roof or wall through which rain entered. Rather, the uncontroverted

evidence presented by CITIZENS demonstrates that there is no coverage for Plaintiff's claimed

property loss because it was not caused by a peril created opening which allowed rain to enter

the subject property. Moreover, Plaintiff
has not produced any evidence of a genuine dispute as

to any material fact in order to avoid summary judgment. As such, summary judgment in favor

of CITIZENS is appropriate. See Pitcher v. Zappitell, 160 So. 3d 145 (Fla. 4th DCA 2015).
WHEREFORE, CITIZENS PROPERTY INSURANCE CORPORATION respectfully

requests this Honorable Court grant Summary Judgment in its favor, as well as any further relief

this Honorable Court deems just and proper.

[CERTIFICATE OF SERVICE ON THE FOLLOWING PAGE]
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via

E-Portal and/or electronic mail on the 27th day of October, 2023 to: Nicole A. Lind, Esq., Kanner

& Pintaluga, P.A., 3615 East Frontage Road, Tampa, FL, 33607, nlind@kpattorney.com;

jlulgjuraj@kpattorney.com; vtatarzewski@kpattorney.com; and

TampaFirstPartyEService@kpattorney.com.

/s/ Genevieve Vasatka
Andrew P. Rock, Esquire
Florida Bar No. 0656437
Genevieve B. Vasatka, Esquire
Florida Bar No. 0116081
The Rock Law Group, P.A.
1760 Fennell Street
Maitland, FL 32751
Telephone: 407-647-9881
Telecopier: 407-647-9966
pleadings@rocklawpa.com
gvasatka@rocklawpa.com
jortiz@rocklawpa.com
Attorneys for Defendant,
Citizens Property Insurance Corporation

APR/GBV/mb
Filing # 149285232 E-Filed 05/10/2022 12:11:47 PM

IN THE CIRCUIT COURT OF THE 9"
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA

ROBERT BONNER, CASE NO.:

Plaintiff,
v

CITIZENS PROPERTY
INSURANCE CORPORATION,

Defendant.
/

PLAINTIFF’S COMPLAINT FOR BREACH OF CONTRACT & DEMAND FOR JURY
TRIAL

COMES NOW, Plaintiff, ROBERT BONNER, through the undersigned counsel, and

hereby files this Complaint against Defendant, CITIZENS PROPERTY INSURANCE

CORPORATION, and as grounds therefore states as follows:

1 This is an action for damages in excess of THIRTY THOUSAND DOLLARS

($30,000.00), exclusive of interest, attorneys’ fees and costs, and is otherwise within the

jurisdictional limits of this Court.

2. At all times material hereto, Defendant was an insurance company authorized to do

business in the State of Florida and doing business in Osceola County, Florida.

3 At all times material hereto, the damaged property is located in Osceola County,

Florida.

4 Prior to April 11, 2021, Plaintiff sought and purchased homeowner’s insurance

from Defendant to cover the property located at 1097 Hidden Harbor Lane, Kissimmee, FL 34746

(hereinafter “Insured Property”). Said policy of insurance, which is believed to be policy number

EXHIBIT A

Page 1 of 4
04621240, was issued by Defendant to Plaintiff to provide property insurance coverage for the

Insured Property.

5 At all times material hereto, Plaintiff and Defendant had a policy of insurance,

Policy No. 04621240 (hereinafter “Contract”). Plaintiffis not in possession of a complete certified

copy of the Contract. The Contract is well known to and in the possession of Defendant, and

Plaintiff has requested a formal copy of the Contract through a Request to Produce which has been

served upon Defendant contemporaneously with this Complaint. See Equity Premium, Inc. v. Twin

City Fire Ins. Co., 956 So. 2d 1257 (Fla. 4°" DCA 2007); Amiker v. Mid-Century Ins. Co., 398 So.

2d 974 (Fla. 1" DCA 1981); Parkway General Hospital Inc. v. Allstate Ins. Co., 393 So. 2d 1171

(Fla. 3" DCA 1981).
6. Plaintiff
has paid the premiums for the Contract prior to April 11, 2021.

7 On or about April 11, 2021, the Insured Property sustained direct physical damage

as a result of a storm event, including damages to the roof and interior of the Insured Property.

8 The Contract described in paragraph 5 above was in full force and effect as of April

11, 2021.
9 The Contract was issued prior to July 1, 2021.

10. Defendant received timely notice of the loss.

11. Defendant assigned the loss reported by Plaintiff and described in paragraph 7

above a claim number believed to be 001-00-292463.

12. Defendant and its agents requested and were given access and the opportunity to

inspect the Insured Property and the reported damage arising from the loss described in paragraph

7 above.

Page 2 of 4
13. This is an action relating to Defendant’s breach of Contract for its failure to

properly pay the full amount of insurance proceeds owed to Plaintiff.

14. Jurisdiction and venue of this matter are proper in the Circuit Court for Osceola

County, Florida.

COUNT I- BREACH OF CONTRACT

15. Plaintiff realleges and reincorporates paragraphs 1-14 as if fully stated herein, and

further alleges as follows:

16. On April 11, 2021, Plaintiff and Defendant were parties to a valid Contract.

17. On or about April 11, 2021, and during the above Contract period, the Insured

Property sustained direct physical damages as a result of a peril insured against.

18. Plaintiff provided timely notice of the loss described in paragraph 7 above to the

Defendant.

19. Plaintiff
has complied with all obligations and conditions precedent to this lawsuit

and which would entitle Plaintiff to recover benefits under the Contract, or such conditions have

been waived by the actions of Defendant.

20. Defendant has failed to provide complete coverage for the physical damages that

occurred during the Contract period.

21. This failure is contrary to the terms of the Contract and constitutes a breach of the

Contract.

22. Plaintiff
has been damaged by this breach in the form of unpaid insurance proceeds

needed to restore the Insured Property to its pre-loss condition as a result of the Defendant refusing

to pay the full amount owed under the Contract.

Page 3 of 4
23. As a direct and proximate result of Defendant’s breach of Contract, Plaintiff has

been required to retain the services of the undersigned attorneys to represent and protect the

interests of Plaintiff and Plaintiff has become obligated to pay them a reasonable fee for their

services in bringing this action.

24. In the event that Plaintiff prevails in this action, Plaintiff is entitled to an award of

attorneys’ fees and costs pursuant to section 627.428 and 57.041, Florida Statutes and/or other

Florida Law.

WHEREFORE, Plaintiff demands judgment against Defendant for damages, including but

not limited to damages owed under the Contract, attorneys’ fees and costs.

DEMAND FOR JURY TRIAL

Plaintiff further demand a trial by jury of all issues so triable as a matter of right.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant.

KANNER & PINTALUGA, P.A.
Attorneys for Plaintiffs
3615 East Frontage Road
Tampa, Florida 33607
Phone: (561) 892-9858
Fax: (561) 853-2188
Court Phone Number: (1-888) 824-7834
Email: aangelone@kpattorney.com
jgroover@kpattorney.com
rosmith@kpattorney.com

By: _/s/ Anthony Angelone
ANTHONY ANGELONE, ESQ.
Florida Bar No.: 1025269
JEFFREY D. GROOVER
Florida Bar No.:118239

Page 4 of 4
CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY STREET, SUITE 1300
JACKSONVILLE FL 32202-5142
Conzens
PROPERTY INSURANCE CORPORATION.

Homeowners HO-3 Special Form Policy - Declarations
POLICY NUMBER: 04621240 - 1 POLICY PERIOD: FROM 12/08/2020 To 12/08/2021
at 12:01 a.m. Eastern Time at the Location of the Residence Premises
Transaction: AMENDED DECLARATIONS Effective: 12/08/2020
Named Insured and Mailing Address: Location Of Residence Premises: Agent: FI. Agent Lic. #: A205299
First Named Insured: 1097 HIDDEN HARBOR LN RONDELL A PETERS
ROBERT BONNER KISSIMMEE FL 34746-3625 RONDELL PETERS
1097 HIDDEN HARBOR LN County:OSCEOLA 9684 PINES BLVD
KISSIMMEE, FL 34746-3625 PEMBROKE PINES, FL 33024
Phone Number: 618-558-2746 Phone Number: 754-707-8118
Citizens Agency ID#: 20342
Primary Email Address:
bobbonner42@gmail.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: $9,420 (2%)
LIMIT OF LIABILITY ANNUAL PREMIUM
SECTION I - PROPERTY COVERAGES $4,122
A. Dwelling : $471,000
B. Other Structures: $9,420
C. Personal Property: $117,750
D. Loss of Use: $47,100
SECTION II - LIABILITY COVERAGES
E. Personal Liability: $100,000 $15
F. Medical Payments: $2,000 INCLUDED
OTHER COVERAGES
Ordinance or Law Limit (25% of Cov A) (See Policy) Included

SUBTOTAL: $4,137
Florida Hurricane Catastrophe Fund Build-Up Premium: $56
Premium Adjustment Due To Allowable Rate Change: ($968)

MANDATORY ADDITIONAL CHARGES:
Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2
Tax-Exempt Surcharge $56

TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $3,283
The portion of your premium for:
Hurricane Coverage is $814 Non-Hurricane Coverage is $2,411

Authorized By: RONDELL PETERS. Processed Date: 01/04/2021

DEC HO3 12 19 First Named Insured Page 1 of 4

EXHIBIT B
CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY STREET, SUITE 1300
JACKSONVILLE FL 32202-5142
Conzens
PROPERTY INSURANCE CORPORATION.

Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 04621240 - 1 POLICY PERIOD: FROM 12/08/2020 TO 12/08/2021
First Named Insured: ROBERT BONNER at 12:01 a.m. Eastern Time at the Location of the Residence Premises

Forms and Endorsements applicable to this policy:
CIT 04 96 02 16, CIT HO-3 02 20, CIT 24 07 08, CIT 04 86 08 18, CIT 04 85 08 18

Rating/Underwriting Information
Year Built: 1991 Protective Device - Burglar Alarm: No
Town / Row House: No Protective Device - Fire Alarm: No
Construction Type: Frame Protective Device - Sprinkler: None
BCEGS: Ungraded No Prior Insurance Surcharge: Yes
Territory / Coastal Territory: 511/00 Terraii B
Wind / Hail Exclusion: No Roof Cover: FBC Equivalent
Municipal Code - Police: 999 Roof Cover - FBC Wind Speed: N/A
Municipal Code - Fire: 999 Roof Cover - FBC Wind Design: N/A
Occupancy: Owner Occupied Roof Deck Attachment: Level A
Use: Primary Roof-Wall Connection: Clips
Number of Families: Secondary Water Resistance: Yes
Protection Class: Roof Shape: Gable
Distance to Hydrant (ft.): 600 Opening Protection: None
Distance to Fire Station (mi.):

A premium adjustment of ($1,027) 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 $807
DDITIONAL NAMED INSURED(S)
Name Address
No Additional Named Insureds

DDITIONAL INTEREST(S}
# Interest Type Name and Address Loan Number

DEC HO3 12 19 First Named Insured Page 2 of 4
CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY STREET, SUITE 1300

or IZENS
JACKSONVILLE FL 32202-5142

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 12 19 First Named Insured Page 3 of 4
CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY STREET, SUITE 1300
JACKSONVILLE FL 32202-5142
Conzens
PROPERTY INSURANCE CORPORATION.

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 A LOSS 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 12 19 First Named Insured Page 4 of 4
HOMEOWNERS
CIT 04 85 08 18

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TO REPORT ALOSS 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 2. Subject to the terms of this “Endorsement”, the
At our option and with your consent to participate in the limited services under 1. above are also provided
services provided under this “Endorsement”, the when, as described in and covered under
following provisions of the Policy are either added or paragraphs A.2.b.(6) and (9) under SECTION I —
amended. PERILS INSURED AGAINST A. Coverage A —
Dwelling And Coverage B — Other Structures and
Your consent provided on or after reporting a claim of as described in and covered under B. Coverage
loss or damage and the provisions of this “Endorsement” C - Personal Property, Peril 12., direct physical
are only for that reported claim of loss or damage. loss to property covered under Coverage A,
The provisions of this “Endorsement” do not apply to any Coverage B or Coverage C located on the "residence
subsequent claim of loss or damage, unless we opt to premises" is caused by:
participate in the services provided under this a. Constant or repeated seepage or leakage of
“Endorsement” and you provide another consent as water or steam; or
described above.
b. The presence or condensation of humidity,
moisture or vapor.
AGREEMENT
The services provided under this “Endorsement”
The following is added: do not include any replacement, repair or the
In the event of a direct physical loss to property covered rebuilding of the dwelling or other structures and
under Coverage A, Coverage B or Coverage C located do not include any replacement, repair or the
on the "residence premises" caused by accidental rebuilding of the dwelling or other structures
discharge or overflow of water or steam from within a necessary to perform the emergency water
plumbing, heating, air conditioning or automatic fire extraction and drying services.
protective sprinkler system or household appliance, we When such replacement, repair or the rebuilding is
will dispatch a “Contractor” of our choice to provide only necessary, all other provisions of your Policy
necessary reasonable emergency water extraction and apply.
drying services solely to protect property from further
SECTION I — CONDITIONS, Condition I. Our
damage, as provided under this “Endorsement”.
Option in CIT HO-3 does not apply to the services
The following applies: we or the “Contractor” provide under this
1. The services provided under this “Endorsement” “Endorsement”.
are limited to only necessary reasonable emergency 5. Your deductible does not apply to the services
water extraction and drying services made solely to provided under this “Endorsement”.
protect property from further damage.

CIT 04 85 08 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 3
with its permission
6. Any payment for emergency water removal SECTION I - CONDITIONS
services provided under this “Endorsement” will Condition B. Duties After Loss
not be deducted from the $3,000 limit under
SECTION | - PROPERTY COVERAGES F.1. The following paragraphs are added to Condition B.
Reasonable Emergency Measures and will not be Duties After Loss in CIT HO-3:
deducted from the $10,000 limit on coverage Your duties under Condition B. Duties After Loss
under SECTION I — PERILS INSURED AGAINST in CIT HO-3 apply, whether under this
A. Coverage A - Dwelling And Coverage B — “Endorsement” you or your representative:
Other Structures paragraphs A.3. and A.5., in CIT 1. Prevent the “Contractor” from providing or
HO-3. completing the services, or
All other covered emergency water removal 2. Have another party perform or contract to
services not provided under this “Endorsement”, perform a duty on your behalf.
after application of any applicable deductible, will be
The services provided under this “Endorsement”
included in and limited to the $3,000 limit under
- are not a loss inspection. All conditions stipulated
Section | PROPERTY COVERAGES F.1.
in SECTION I— CONDITIONS, Condition B. Duties
Reasonable Emergency Measures which will be
After Loss, paragraph B.1. in CIT HO-3 apply.
deducted from the $10,000 limit on coverage
provided in paragraphs A.3. and A.5. under Our option and your consent to participate in the
SECTION I — PERILS INSURED AGAINST A. services provided under this “Endorsement” are
Coverage A - Dwelling And Coverage B — Other material parts of this “Endorsement”. Under no
Structures. circumstances does this “Endorsement” relieve you
or us of any duties and obligations under the Policy
This “Endorsement” does not increase any limit of not specifically amended, added or deleted in this
liability applicable to the damaged covered “Endorsement”.
property.
We will make payment directly to the “Contractor” as
SECTION | AND Il - CONDITIONS
described in SECTION I - CONDITIONS, Condition
J. Loss Payment in CIT HO-3 for services the Condition I. Notification Regarding Access
“Contractor” provides under this “Endorsement”. The following is added to Condition I. Notification
Any services provided under this “Endorsement” Regarding Access in CIT HO-3 as regards this
for loss or damage that is not covered under your “Endorsement”.
Policy does not cause or create coverage. Our offer and your consent to participate in the
EMERGENCY WATER REMOVAL SERVICES
“Endorsement” requires our agreement to a mutual
DEFINITIONS schedule with you and your permission for Citizens, its
The following definition is added: designated representative(s) and the “Contractor” to
enter the “Residence Premises” at the address
The term “Endorsement” shall mean “form CIT 04 85” designated in your Declarations as the Location of
and shall mean “form CIT 04 85” in the paragraph(s) Residence Premises, for the purpose of inspecting your
added or replaced in CIT HO-3 under this loss and providing the services under this
“Endorsement”. “Endorsement”.
The following definition is added regarding the services If there is no permission or agreement, this
provided by the “Contractor” under this “Endorsement” “Endorsement” does not apply and _ all other
“Contractor” means a person, entity or company, provisions of your policy apply.
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., CIT 04 85 08 18
with its permission
TERMINATION OF CONSENT
. 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.
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 I -
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”.
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 “Endor

Case Info

Judge

ARENDAS, CHRISTINE E Track Judge’s New Case

Case No.

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Document Filed Date

March 21, 2073

Case Filing Date

July 08, 109

County

Parties

BONNER, ROBERT Plaintiff
CITIZENS PROPERTY INSURANCE COMPANY Defendant
Genevieve Vasatka Attorneys for Plaintiffs
Nicole Lind Attorneys for Plaintiffs
Jeffrey Groover Attorneys for Plaintiffs
Andrew Rock Attorneys for Defendants
Robert Daisley Attorney
Dennis Ballard Attorneys for Plaintiffs
Christine Arendas Attorney
Anthony Angelone Attorneys for Plaintiffs
Andrew Thompson Attorney
Jamie Harris Attorneys for Plaintiffs
Kelvin Soto Attorney

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No Value: BONNER, ROBERT vs. CITIZENS PROPERTY INSURANCE COMPANY

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