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Filing # 197600492 E-Filed 05/03/2024 03:30:41 PM
IN THE CIRCUIT COURT OF THE 13TH
JUDICIAL CIRCUIT IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA
GENERAL JURISDICTION
CASE NO.:
OSMANY MARTIN,
Plaintiff,
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
________________________________________/
COMPLAINT
COMES NOW, OSMANY MARTIN (hereinafter “Plaintiffs” or “Plaintiff”) by and
through the undersigned counsel, and hereby file this Complaint against CITIZENS PROPERTY
INSURANCE CORPORATION (“Defendant”) and in support thereof allege the following:
GENERAL ALLEGATIONS
1. This is an action in which the amount in controversy is more than fifty thousand dollars
($50,000.00), exclusive of interest, attorneys’ fees, and costs.
2. Plaintiff is/are the owner(s) of the real property located in HILLSBOROUGH County,
Florida.
3. Defendant engages in the business of providing insurance and conducts business in
HILLSBOROUGH County and throughout the State of Florida.
4. In consideration for the premium paid by Plaintiff to Defendant, Defendant provided
property insurance coverage to Plaintiff for the real property located at 8904 N OREGON AVE,
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-1-
5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
TAMPA, FL 33604 (hereafter referred to as the “Covered Property”) under the homeowner’s
insurance policy bearing number 07272913 - 2 (hereafter referred to as the “Policy”).
5. Exhibit A attached hereto is the insurance contract (or evidence of the insurance contract)
that represents the sale of insurance coverage/protection for the Covered Property.
6. Please see a copy of the Policy’s Declarations page, which is attached hereto as Exhibit
“A”. Plaintiff reserves the right to supplement this Complaint by attaching a full copy of the policy.
Alternatively, a copy of the policy will be obtained from Defendant through the Discovery process
and will be filed in support of this action at that time. See, Equity Premium, Inc. v. Twin City Fire
Ins. Co., 956 So.2d 1257 (Fla. 4th DCA 2007). See also, Amiker v. Mid-Century Ins. Co., So.2d
974 (Fla 1st DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla.
3d DCA 1981); Sasche v. Tampa Music Co., 262 So.2d 17 (Fla. 2d DCA 1972).
7. Plaintiff suffered a loss during the policy period to the risk property listed on the
declarations of coverages page of the related policy in the form of a roof leak caused by a covered
peril in such a fashion as to cause substantial damage to the risk property, and pursuant to the rules
set forth in the related insurance contract, timely reported the loss to the Defendant.
8. In order to initiate an insurance claim with the Defendant, the Defendant required that the
Plaintiff provide a “date of loss,” the “date of loss” assigned to the insurance claim was 08/30/2023,
and the Defendant assigned claim number 001-00-462546 to the casualty loss.
9. The loss Plaintiff suffered occurred during the policy period and was an accidental
fortuitous loss that is not excluded by the policy.
10. Plaintiff is not making any claims for breach of any implied covenant of good faith or fair
dealing, nor does this lawsuit seek any extra-contractual damages at this time.
11. The loss resulted in physical damage to Covered Property.
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
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5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
12. The Policy covers all direct loss to Covered Property so long as the loss is a physical loss
to property.
13. Plaintiffs complied with all post-loss obligations under the Policy and the Defendant was
not prejudiced in its investigation.
14. Plaintiff satisfied all conditions precedent required before filing the instant action.
COUNT I– BREACH OF CONTRACT
15. Plaintiffs hereby re-allege all preceding paragraphs common to all counts above as though
fully restated herein.
16. Contract: Plaintiff and Defendant entered into a contract which provided insurance over
the Covered Property. Exhibit A
17. Loss During the Policy Period: Plaintiff suffered the subject loss at the covered property
while the subject policy was in effect and timely reported the subject loss to the Defendant.
Defendant’s investigation of the subject loss was not prejudiced.
18. Breach: Defendant breached the insurance contract, including but not limited to the Loss
Payment and Loss Settlement conditions of the contract, as a result of the Defendant’s failure to
pay sufficient funds to Plaintiff to restore the covered property to its pre-loss condition.
19. Materiality: Defendant’s breach was material.
20. Damages: The breach of contract by the Defendant directly resulted in damages to the
Plaintiff in at least the amount in controversy alleged above due to Plaintiff.
21. As a direct result of Defendant’s breach of the Policy, Plaintiff was required to hire the
undersigned attorney and have become obligated for attorneys’ fees and costs in connection with
the prosecution of this action. Florida Statute §627.428, §627.70152(8) and/or §626.9373
provides for the payment of attorneys’ fees and costs in the event of such need.
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
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5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
WHEREFORE, Plaintiffs, OSMANY MARTIN, pray that this Honorable Court enter an
award against Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, for
compensatory damages, pre-judgment interest, attorneys’ fees, and costs, and all other and further
relief this Honorable Court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiffs demand a trial by jury for those issues that are so triable against Defendant
pursuant to Florida law.
Respectfully submitted,
/s/ Gabriela Moros, Esq
Gabriela Moros, Esq
Bar No.: 1028769
Property Litigation Group, PLLC
Attorneys for Plaintiffs
2750 SW 145th AVE
Suite 509
Miramar, FL 33027
Primary Email: service@plglawyersfl.com
Secondary Email: gmoros@plglawyersfl.com
PH: (305) 506-4746
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
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5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
EXHIBIT A
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
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5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5
~ CITIZENS
CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY STREET, SUITE 1300
JACKSONVILLE FL 32202-5142
Homeowners HO-3 Special Form Policy - Declarations
POLICY NUMBER: 07272913 - 2 POLICY PERIOD: FROM 05/13/2023 TO 05/13/2024
at 12 01 e m Eastern Time el the Loceaon of the Residence Premises
ltansaction: RENEWAL
Named Insured and Mailing Address: Location Of Residence Premises: Agent: Fl. Agent Lic. ¹: W387032
First Named Insured: 8904 OREGON AVE
N GOI.D STAR INSURANCE
OSMANY MARTIN TAMPA FL 33604-1122 ROSLYN GONZALEZ
8904 N OREGON AVE County:HILLSBOROUGH 5580 W 16 AVE SUITE 105
1AMPA, FL 33604 HIALEAH, FL 33012
Phone Number. 813-619-2535 Phone Number: 305-373-1617
Citizens Agency ID¹: 33286
Primary Email Address:
OSMANIMARTIN646IBGMAIL 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 liabihty is shown
Ag Other Perils Deductible: $ 2,500 Hurricane Deductible: $ 11,510 (5%)
LIMIT OF LIABILITY ANNUAL PREMIUM
SECllONI-PROPERTY COVERAGES $ 2,481
A Dwe¹ing: $ 230 200
Other Structures:
B. $0
C. Personal Property: $0
D. Loss of Use: $ 23,020
SECTION 8 - LIABILITY COVERAGES
E. Personal Liabitty $ 100,000 $ 10
F. Medical Payments: $ 2 000 INCLUDED
OTHER COVERAGES
Ordinance or Law Limit (25% of Cov A) (See Policy) Included
SUBTOTAL: $ 2,491
Florida Hurricane Catastrophe Fund Build-Up Premium: $ 28
Premium Adlustment Due To Allowable Rate Change: ($ 926)
MANDATORY ADDRIONAL CHARGES
2022-8 Flonda Insurance Guaranty Association (FIGA) Regular Assessment $ 21
2023 Flonda Insurance Guaranty Association (FIGA) Regular Assessment $ 11
Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2
Tax-Exempt Surcharge $ 28
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL
SURCHARGESI'he $ 1,655
portion of your premium for;
Hunicane Coverage is $ 663 Non-Hurricane Coverage is $ 930
Authorized By: ROSLYN GONZALEZ Processed Date: 03/23/2023
DEC HO3 04 23 First Named Insured Page I of 5
5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6
~ CITIZENS
CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY STREET, SUITE 1300
JACKSONVILLE FL 32202-5142
Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 07272913- 2 POLICY PERIOD'FROM 05/13/2023 TO 05/13/2024
First Named Insured: OSMANY MARTIN at 12 01 a m Eastern Time at the Location of the Residence Premises
Forms and Endorsements applicable to this policy:
CITHO03150323, Cil 04120223 CIT 04860223, Cil HO01 090323, CIT04960223, CIT04850223, CIT HO30223, CIT24
02 23, IL P 001 01 04
Rating/Underwritmg Information
Year Built: 1959 Protective Device - Burglar Alarm: No
Town/Row House: No Protective Device - Fire Alarm: No
Construction Type: Masonry Protective Device - Spnnkler: None
BCEGS: Ungraded No Prior Insurance Surcharge: No
Territory I Coastal Territory: 047/00 Terrain:
Wmd I Hail Exclusion: No Roof Cover: Non-FBC Equivalent
Municipal Code - Police: 918 Roof Cover - FBC Wind Speed: N/A
Municipal Code - Fire: 918 Roof Cover - FBC Wind Design: NIA
Occupancy; Owner Occupied Roof Deck Attachment: Level C
Use; Pnmary Roof-Wall Connection: Clips
Number of Families: I Secondary Water Resistance/ Unknown
Protection Class: 2 Roof Shape: Gable
Distance to Hydrant (ft.)i 500 Opening Protection. None
Distance to Fire Station (mL):
A premium ad/ustment of ($ 297) is included to reflect the building's wind loss mitigation features or construction techniques that exists.
A premium ad/ustment of $ 0 is included to ref/ect the building code effectiveness grade for your area Ad/ustments range from a 2%
surcharge to a 13% credit
Your property coverage limits have been ad/usted for inflation
Your policy premium has increased by $ 259 Of this amount:
The premium difference due to an approved rate change is $ 167
The premium difference due to changes in your coverage is $ 61
The premium difference due to mandatory additional charges plus FHCF Build-up is $ 31
ADDITIONAL NAMED INSURED(S)
Name Address
No Additional Named Insureds
ADDITIONAL INTEREST(S)
¹ Interest lype Name and Address Loan Number
UNITED WHOLESALE MORTGAGE ISAOA ATIMA
I 1st Mortgagee 1222303264
PO BQX 202028 FLORENCE, SC 29502-2028
DEC HO3 04 23 First Named Insured Page 2 of 5
5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7
~ CITIZENS
CITIZENS PROPERTY INSURANCE CORPORATION
301 VY BAY STREET, SUITE 1300
JACKSONVILLE FL 32202-5142
Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 07272913- 2 POLICY PERIOD'FROM 05/13/2023 TO 05/13/2024
First Named Insured: OSMANY MARTIN at 12 01 a m Eastern Time et the Location of the Residence Premises
WARNING: PREMIUM PRESENTED COULD INCREASE BY UP TO 45% IF
CITIZENS IS REQUIRED TO CHARGE ASSESSMENTS FOLLOWING A MAJOR
CATASTROPHE.
FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY.
FLOOD INSURANCE: YOU SHOULD 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, YOUR UNCOVERED LOSSES CAUSED BY
FLOOD ARE NOT COVERED. PLEASE DISCUSS THE
NEED TO PURCHASE SEPARATE FLOOD INSURANCE
COVERAGE WITH YOUR INSURANCE AGENT.
FLORIDA LAW REQUIRES SECURING AND MAINTAINING FLOOD
INSURANCE AS A CONDITION OF COVERAGE WITH CITIZENS. FLOOD
INSURANCE MUST BE MAINTAINED THROUGHOUT THE POLICY PERIOD
AND EVERY RENEWAL THEREAFTER. CITIZENS MAY DENY COVERAGE
OF A PERSONAL LINES RESIDENTIAL RISK TO AN APPLICANT OR
INSURED WHO REFUSES TO SECURE AND MAINTAIN FLOOD INSURANCE.
Page 3 of 5
5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8
~ CITIZENS
CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY STREET, SUITE 1300
JACKSONVILLE FL 32202-5142
Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 07272913- 2 POLICY PERIOD'FROM 05/13/2023 TO 05/13/2024
First Named Insured: OSMANY MARTIN at 12 01 a m Eastern Time et the Location of the Residence Premises
If this Policy is located within the Special Flood Hazard area defined
by the Federal Emergency Management Agency (FEMA),
flood coverage must be in place:
a. Effective on or after April 1, 2023, for a new Citizens policy.
b. Effective on or after July 1, 2023, for the renewal of a Citizens policy.
If the property insured by Citizens under this policy is located outside of the
Special Flood Hazard area, flood coverage must be in place effective on or after:
a. January 1, 2024, for property valued at $ 600,000 or more.
b. January 1, 2025, for property valued at $ 500,000 or more.
c. January 1, 2026, for property valued at $ 400,000 or more.
d. January 1, 2027, for all property insured by Citizens.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE
FOR HURRICANE LOSSES, WHICH MAY RESULT
IN HIGH OUT-OF-POCKET EXPENSES TO YOU.
YOUR POLICY PROVIDES COVERAGE FOR A
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.
Page 4 of 5
5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9
~ CITIZENS
CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY STREET, SUITE 1300
JACKSONVILLE FL 32202-5142
Homeowners HO-3 Special Form Policy - Declarations
Policy Number: 07272913- 2 POLICY PERIOD'FROM 05/13/2023 TO 05/13/2024
First Named Insured: OSMANY MARTIN at 12 01 a m Eastern Time et the Location of the Residence Premises
TO REPORT A LOSS OR CLAIM CALL 866.411.2742
IN CASE OF LOSS TO COVERED PROPERTY, YOU MUS1 1AKE REASONABLE EMERGENCY MEASURES SOLELY TO PRO1 ECT
THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS.
PROMPT NO1ICE OF THE LOSS MUST BE GIVEN TO US OR YOUR INSURANCE AGEN1 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 LIMI1 3 QN CERTAIN COVERED LOSSES, ALL SUBJECT TQ THE TERMS AND CONDITIONS OF YOUR
POLICY THESE LIMITS MAY INCLUDE A $ 10,000 LIMIT ON COVERAGE FOR COVERED LOSSES CAUSED BY ACCIDEN1AL
DISCHARGE OR OVERFLOW OF WA1 ER OR STEAM FROM SPECIFIE ~ HOUSEHOLD SYSTEMS, SEEPAGE OR LEAKAGE OF
WATER OR STEAM, CONDENSATIQN, MQISTLIRE OR VAPOR, AS DESCRIBED AND INSURED IN YOUR POLICY (HEREAFTER
CQLLEC1 IVELY REFERRED 1 0 AS ACCIDENTAL DISCHARGE OF WATER IN THIS PARAGRAPH) AS ANOTHER EXAMPLE THERE
IS ALSO LIMIT OF $ 3 000 APPLICABLE 1 0 REASONABLE EMERGENCY MEASURES TAKEN TO PROTECT COVERED PROPERTY
FROMFURTHERDAMAGEBYACCIDENTALDISCHARGEOFWATER THEAMOUNTWEPAYFQRTHENECESSARYREASONABLE
EMERGENCY MEASURES YOU TAKE SOLELY TQ PROTECT COVERED PROPER1 Y 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 966.411.2742.
DEC HO3 04 23 First Named insured Page 5 of 5
5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10
Preview
Filing # 197600492 E-Filed 05/03/2024 03:30:41 PM IN THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL JURISDICTION CASE NO.: OSMANY MARTIN, Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. ________________________________________/ COMPLAINT COMES NOW, OSMANY MARTIN (hereinafter “Plaintiffs” or “Plaintiff”) by and through the undersigned counsel, and hereby file this Complaint against CITIZENS PROPERTY INSURANCE CORPORATION (“Defendant”) and in support thereof allege the following: GENERAL ALLEGATIONS 1. This is an action in which the amount in controversy is more than fifty thousand dollars ($50,000.00), exclusive of interest, attorneys’ fees, and costs. 2. Plaintiff is/are the owner(s) of the real property located in HILLSBOROUGH County, Florida. 3. Defendant engages in the business of providing insurance and conducts business in HILLSBOROUGH County and throughout the State of Florida. 4. In consideration for the premium paid by Plaintiff to Defendant, Defendant provided property insurance coverage to Plaintiff for the real property located at 8904 N OREGON AVE, PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -1- 5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 TAMPA, FL 33604 (hereafter referred to as the “Covered Property”) under the homeowner’s insurance policy bearing number 07272913 - 2 (hereafter referred to as the “Policy”). 5. Exhibit A attached hereto is the insurance contract (or evidence of the insurance contract) that represents the sale of insurance coverage/protection for the Covered Property. 6. Please see a copy of the Policy’s Declarations page, which is attached hereto as Exhibit “A”. Plaintiff reserves the right to supplement this Complaint by attaching a full copy of the policy. Alternatively, a copy of the policy will be obtained from Defendant through the Discovery process and will be filed in support of this action at that time. See, Equity Premium, Inc. v. Twin City Fire Ins. Co., 956 So.2d 1257 (Fla. 4th DCA 2007). See also, Amiker v. Mid-Century Ins. Co., So.2d 974 (Fla 1st DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla. 3d DCA 1981); Sasche v. Tampa Music Co., 262 So.2d 17 (Fla. 2d DCA 1972). 7. Plaintiff suffered a loss during the policy period to the risk property listed on the declarations of coverages page of the related policy in the form of a roof leak caused by a covered peril in such a fashion as to cause substantial damage to the risk property, and pursuant to the rules set forth in the related insurance contract, timely reported the loss to the Defendant. 8. In order to initiate an insurance claim with the Defendant, the Defendant required that the Plaintiff provide a “date of loss,” the “date of loss” assigned to the insurance claim was 08/30/2023, and the Defendant assigned claim number 001-00-462546 to the casualty loss. 9. The loss Plaintiff suffered occurred during the policy period and was an accidental fortuitous loss that is not excluded by the policy. 10. Plaintiff is not making any claims for breach of any implied covenant of good faith or fair dealing, nor does this lawsuit seek any extra-contractual damages at this time. 11. The loss resulted in physical damage to Covered Property. PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -2- 5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 12. The Policy covers all direct loss to Covered Property so long as the loss is a physical loss to property. 13. Plaintiffs complied with all post-loss obligations under the Policy and the Defendant was not prejudiced in its investigation. 14. Plaintiff satisfied all conditions precedent required before filing the instant action. COUNT I– BREACH OF CONTRACT 15. Plaintiffs hereby re-allege all preceding paragraphs common to all counts above as though fully restated herein. 16. Contract: Plaintiff and Defendant entered into a contract which provided insurance over the Covered Property. Exhibit A 17. Loss During the Policy Period: Plaintiff suffered the subject loss at the covered property while the subject policy was in effect and timely reported the subject loss to the Defendant. Defendant’s investigation of the subject loss was not prejudiced. 18. Breach: Defendant breached the insurance contract, including but not limited to the Loss Payment and Loss Settlement conditions of the contract, as a result of the Defendant’s failure to pay sufficient funds to Plaintiff to restore the covered property to its pre-loss condition. 19. Materiality: Defendant’s breach was material. 20. Damages: The breach of contract by the Defendant directly resulted in damages to the Plaintiff in at least the amount in controversy alleged above due to Plaintiff. 21. As a direct result of Defendant’s breach of the Policy, Plaintiff was required to hire the undersigned attorney and have become obligated for attorneys’ fees and costs in connection with the prosecution of this action. Florida Statute §627.428, §627.70152(8) and/or §626.9373 provides for the payment of attorneys’ fees and costs in the event of such need. PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -3- 5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 WHEREFORE, Plaintiffs, OSMANY MARTIN, pray that this Honorable Court enter an award against Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, for compensatory damages, pre-judgment interest, attorneys’ fees, and costs, and all other and further relief this Honorable Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury for those issues that are so triable against Defendant pursuant to Florida law. Respectfully submitted, /s/ Gabriela Moros, Esq Gabriela Moros, Esq Bar No.: 1028769 Property Litigation Group, PLLC Attorneys for Plaintiffs 2750 SW 145th AVE Suite 509 Miramar, FL 33027 Primary Email: service@plglawyersfl.com Secondary Email: gmoros@plglawyersfl.com PH: (305) 506-4746 PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -4- 5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 EXHIBIT A PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -7- 5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 ~ CITIZENS CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 JACKSONVILLE FL 32202-5142 Homeowners HO-3 Special Form Policy - Declarations POLICY NUMBER: 07272913 - 2 POLICY PERIOD: FROM 05/13/2023 TO 05/13/2024 at 12 01 e m Eastern Time el the Loceaon of the Residence Premises ltansaction: RENEWAL Named Insured and Mailing Address: Location Of Residence Premises: Agent: Fl. Agent Lic. ¹: W387032 First Named Insured: 8904 OREGON AVE N GOI.D STAR INSURANCE OSMANY MARTIN TAMPA FL 33604-1122 ROSLYN GONZALEZ 8904 N OREGON AVE County:HILLSBOROUGH 5580 W 16 AVE SUITE 105 1AMPA, FL 33604 HIALEAH, FL 33012 Phone Number. 813-619-2535 Phone Number: 305-373-1617 Citizens Agency ID¹: 33286 Primary Email Address: OSMANIMARTIN646IBGMAIL 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 liabihty is shown Ag Other Perils Deductible: $ 2,500 Hurricane Deductible: $ 11,510 (5%) LIMIT OF LIABILITY ANNUAL PREMIUM SECllONI-PROPERTY COVERAGES $ 2,481 A Dwe¹ing: $ 230 200 Other Structures: B. $0 C. Personal Property: $0 D. Loss of Use: $ 23,020 SECTION 8 - LIABILITY COVERAGES E. Personal Liabitty $ 100,000 $ 10 F. Medical Payments: $ 2 000 INCLUDED OTHER COVERAGES Ordinance or Law Limit (25% of Cov A) (See Policy) Included SUBTOTAL: $ 2,491 Florida Hurricane Catastrophe Fund Build-Up Premium: $ 28 Premium Adlustment Due To Allowable Rate Change: ($ 926) MANDATORY ADDRIONAL CHARGES 2022-8 Flonda Insurance Guaranty Association (FIGA) Regular Assessment $ 21 2023 Flonda Insurance Guaranty Association (FIGA) Regular Assessment $ 11 Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2 Tax-Exempt Surcharge $ 28 TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGESI'he $ 1,655 portion of your premium for; Hunicane Coverage is $ 663 Non-Hurricane Coverage is $ 930 Authorized By: ROSLYN GONZALEZ Processed Date: 03/23/2023 DEC HO3 04 23 First Named Insured Page I of 5 5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6 ~ CITIZENS CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 JACKSONVILLE FL 32202-5142 Homeowners HO-3 Special Form Policy - Declarations Policy Number: 07272913- 2 POLICY PERIOD'FROM 05/13/2023 TO 05/13/2024 First Named Insured: OSMANY MARTIN at 12 01 a m Eastern Time at the Location of the Residence Premises Forms and Endorsements applicable to this policy: CITHO03150323, Cil 04120223 CIT 04860223, Cil HO01 090323, CIT04960223, CIT04850223, CIT HO30223, CIT24 02 23, IL P 001 01 04 Rating/Underwritmg Information Year Built: 1959 Protective Device - Burglar Alarm: No Town/Row House: No Protective Device - Fire Alarm: No Construction Type: Masonry Protective Device - Spnnkler: None BCEGS: Ungraded No Prior Insurance Surcharge: No Territory I Coastal Territory: 047/00 Terrain: Wmd I Hail Exclusion: No Roof Cover: Non-FBC Equivalent Municipal Code - Police: 918 Roof Cover - FBC Wind Speed: N/A Municipal Code - Fire: 918 Roof Cover - FBC Wind Design: NIA Occupancy; Owner Occupied Roof Deck Attachment: Level C Use; Pnmary Roof-Wall Connection: Clips Number of Families: I Secondary Water Resistance/ Unknown Protection Class: 2 Roof Shape: Gable Distance to Hydrant (ft.)i 500 Opening Protection. None Distance to Fire Station (mL): A premium ad/ustment of ($ 297) is included to reflect the building's wind loss mitigation features or construction techniques that exists. A premium ad/ustment of $ 0 is included to ref/ect the building code effectiveness grade for your area Ad/ustments range from a 2% surcharge to a 13% credit Your property coverage limits have been ad/usted for inflation Your policy premium has increased by $ 259 Of this amount: The premium difference due to an approved rate change is $ 167 The premium difference due to changes in your coverage is $ 61 The premium difference due to mandatory additional charges plus FHCF Build-up is $ 31 ADDITIONAL NAMED INSURED(S) Name Address No Additional Named Insureds ADDITIONAL INTEREST(S) ¹ Interest lype Name and Address Loan Number UNITED WHOLESALE MORTGAGE ISAOA ATIMA I 1st Mortgagee 1222303264 PO BQX 202028 FLORENCE, SC 29502-2028 DEC HO3 04 23 First Named Insured Page 2 of 5 5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7 ~ CITIZENS CITIZENS PROPERTY INSURANCE CORPORATION 301 VY BAY STREET, SUITE 1300 JACKSONVILLE FL 32202-5142 Homeowners HO-3 Special Form Policy - Declarations Policy Number: 07272913- 2 POLICY PERIOD'FROM 05/13/2023 TO 05/13/2024 First Named Insured: OSMANY MARTIN at 12 01 a m Eastern Time et the Location of the Residence Premises WARNING: PREMIUM PRESENTED COULD INCREASE BY UP TO 45% IF CITIZENS IS REQUIRED TO CHARGE ASSESSMENTS FOLLOWING A MAJOR CATASTROPHE. FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY. FLOOD INSURANCE: YOU SHOULD 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, YOUR UNCOVERED LOSSES CAUSED BY FLOOD ARE NOT COVERED. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. FLORIDA LAW REQUIRES SECURING AND MAINTAINING FLOOD INSURANCE AS A CONDITION OF COVERAGE WITH CITIZENS. FLOOD INSURANCE MUST BE MAINTAINED THROUGHOUT THE POLICY PERIOD AND EVERY RENEWAL THEREAFTER. CITIZENS MAY DENY COVERAGE OF A PERSONAL LINES RESIDENTIAL RISK TO AN APPLICANT OR INSURED WHO REFUSES TO SECURE AND MAINTAIN FLOOD INSURANCE. Page 3 of 5 5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8 ~ CITIZENS CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 JACKSONVILLE FL 32202-5142 Homeowners HO-3 Special Form Policy - Declarations Policy Number: 07272913- 2 POLICY PERIOD'FROM 05/13/2023 TO 05/13/2024 First Named Insured: OSMANY MARTIN at 12 01 a m Eastern Time et the Location of the Residence Premises If this Policy is located within the Special Flood Hazard area defined by the Federal Emergency Management Agency (FEMA), flood coverage must be in place: a. Effective on or after April 1, 2023, for a new Citizens policy. b. Effective on or after July 1, 2023, for the renewal of a Citizens policy. If the property insured by Citizens under this policy is located outside of the Special Flood Hazard area, flood coverage must be in place effective on or after: a. January 1, 2024, for property valued at $ 600,000 or more. b. January 1, 2025, for property valued at $ 500,000 or more. c. January 1, 2026, for property valued at $ 400,000 or more. d. January 1, 2027, for all property insured by Citizens. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. YOUR POLICY PROVIDES COVERAGE FOR A 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. Page 4 of 5 5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9 ~ CITIZENS CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 JACKSONVILLE FL 32202-5142 Homeowners HO-3 Special Form Policy - Declarations Policy Number: 07272913- 2 POLICY PERIOD'FROM 05/13/2023 TO 05/13/2024 First Named Insured: OSMANY MARTIN at 12 01 a m Eastern Time et the Location of the Residence Premises TO REPORT A LOSS OR CLAIM CALL 866.411.2742 IN CASE OF LOSS TO COVERED PROPERTY, YOU MUS1 1AKE REASONABLE EMERGENCY MEASURES SOLELY TO PRO1 ECT THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS. PROMPT NO1ICE OF THE LOSS MUST BE GIVEN TO US OR YOUR INSURANCE AGEN1 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 LIMI1 3 QN CERTAIN COVERED LOSSES, ALL SUBJECT TQ THE TERMS AND CONDITIONS OF YOUR POLICY THESE LIMITS MAY INCLUDE A $ 10,000 LIMIT ON COVERAGE FOR COVERED LOSSES CAUSED BY ACCIDEN1AL DISCHARGE OR OVERFLOW OF WA1 ER OR STEAM FROM SPECIFIE ~ HOUSEHOLD SYSTEMS, SEEPAGE OR LEAKAGE OF WATER OR STEAM, CONDENSATIQN, MQISTLIRE OR VAPOR, AS DESCRIBED AND INSURED IN YOUR POLICY (HEREAFTER CQLLEC1 IVELY REFERRED 1 0 AS ACCIDENTAL DISCHARGE OF WATER IN THIS PARAGRAPH) AS ANOTHER EXAMPLE THERE IS ALSO LIMIT OF $ 3 000 APPLICABLE 1 0 REASONABLE EMERGENCY MEASURES TAKEN TO PROTECT COVERED PROPERTY FROMFURTHERDAMAGEBYACCIDENTALDISCHARGEOFWATER THEAMOUNTWEPAYFQRTHENECESSARYREASONABLE EMERGENCY MEASURES YOU TAKE SOLELY TQ PROTECT COVERED PROPER1 Y 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 966.411.2742. DEC HO3 04 23 First Named insured Page 5 of 5 5/3/2024 3:30 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10