Complaint September 17, 2024 (2025)

 
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 Filing # 207076583 E-Filed 09/17/2024 02:27:38 PM IN THE CIRCUIT COURT OF THE 11" JUDICIAL DISTRICT IN AND FOR MIAMI DADE COUNTY, FLORIDA CIVIL DIVISION JORGE L CAO GARCIA AND MAYLEN MACHADO TORRES, Plaintiffs, CASE NUMBER: vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiffs, JORGE L CAO GARCIA AND MAYLEN MACHADO TORRES, by and through the undersigned counsel sue Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, and allege: GENERAL ALLEGATIONS 1 This is an action for damages that is in excess of $50,000.00, exclusive of attorney’s fees, costs, and interest. 2. Plaintiffs are sui juris and residents of the state of Florida. 3 Defendant is a Florida insurance company authorized to do and actually conducting insurance business in Miami Dade County, Florida. 4 Defendant issued to Plaintiffs, an insurance policy (Policy No.: 04557263-3; Claim No.: 001-00-472647) affording residential property and casualty insurance coverage for the property located at 2905 Southwest 108th Place Miami, FL 33165. A copy of the policy is under “EXHIBIT A”.5 Plaintiffs paid the premium charged by the Defendant for the coverages affordedpursuant to the terms of the policy, and the policy was in full force and effect on the date of loss. 6 On or about July 19", 2023, damage as a result of a windstorm, which causedsubstantial property damage and further insured losses. 7 Damage as a result of a windstorm is a covered cause of loss pursuant to the termsand conditions of the insurance policy issued by Defendant. 8 Plaintiffs submitted a timely claim to the Defendant for the damages and has metall conditions precedent to the filing of a lawsuit. 9. A Notice of Intent to Initiate Litigation was sent to the Defendant on behalf of thePlaintiffs supported by an estimate of the damages prepared by a licensed and insured generalcontractor. 10. Defendant has failed to tender any insurance proceeds by denying the claim fordamages. COUNT I- BREACH OF CONTRACT ll. Plaintiffs adopt and incorporate into this Count the allegations set forth inparagraphs | through 10. 12. Defendant has breached its insurance contract with the Plaintiffs, by denying theclaim for damages, failing to acknowledge coverage for all damages caused by and reasonablerepairs associated with the loss, and failing and refusing to tender all insurance proceeds due andowing for the losses sustained as a result of the loss. 13. As a result of the Defendant ’s breach of contract, Plaintiffs have been deprived ofthe coverages and other benefits afforded under the insurance policy.14. As a further result of the Defendants breach of contract, Plaintiffs have been forcedto retain the services of an attorney and are obligated to pay reasonable attorneys’ fees and coststo prosecute this action. Plaintiffs are entitled to recover these attorneys’ fees and costs from theDefendant pursuant to §627.428, Fla. Stat. 15. Also, as a result Defendants breach of contract, Plaintiffs have been forced to incuradditional fees, costs, and expenses to pursue their insurance claim, all of which were reasonablyforeseeable by the Defendant at the time of contracting. 16. Plaintiffs have complied with all conditions required to be performed by theDefendant and/or have been excused from performance of any conditions by the conduct of, and/orthe conditions have otherwise been waived. WHEREFORE, Plaintiffs, JORGE L CAO GARCIA AND MAYLEN MACHADOTORRES, demand judgment against Defendant, CITIZENS PROPERTY INSURANCECORPORATION, for actual interest, costs, attorneys’ fees and any other relief this Court deemsjust and appropriate. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury of all issues that are triable as a matter of right. Kandell, Kandell & Petrie Attorneys for Plaintiff Suite 500 / Grand Bay Plaza 2665 S. Bayshore Drive Miami, Florida 33133 Tel: (305) 858-2220 - By: 4/, IZABELLA MOJICA, Esq. Florida Bar No.: 1049083 Imojica@kkpfirm.com pleadings@kkpfirm.com Igroup@kkpfirm.comCITIZENS PROPERTY INSURANCE CORPORATION2101 MARYLAND CIRCLE CnzensTALLAHASSEE, FL 32303TELEPHONE: (888) 685-1555. PROPERTY INSURANCE CORPORATION AFFIDAVIT OF CUSTODIAN OF RECORDS (Florida Evidence Code §§ 90.803(6) and 90.902(11), Fla. Stat.) I, Taleah Robinson, am the Records Assistant for Citizens Property Insurance Corporation (Citizens) and in such capacity I have the authority to certify the attached records. Attached hereto is a copy of Citizens’ Policy No. 04557263 of Policyholder Jorge Cao Garcia. This policy was kept by Citizens in the regular course of business, and it was the regular practice of Citizens for an employee or representative with knowledge of the act recorded to make the record or transmit information thereof to be included in such record. This record was made at or near the time of the act. The records attached hereto are exact duplicates of the original. Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. Digitally signed by Taleah Taleah Robinson Date: 2024.09.10 Robinson 13:51:27 -04'00' September 10, 2024 Date Taleah Robinson Records Assistant Citizens Property Insurance Corporation Carlos Beruff, Chairman, Manatee County e Josh Becksmith, St. Johns County e Jason Butts, Pinellas County LeAnna Cumber, Duval County e Jillian Hasner, Palm Beach County e Erin Knight, Miami-Dade County Charlie Lydecker, Volusia County @ Nelson Telemaco, Broward County @ M. Scott Thomas, St. Johns County Tim Cerio, President/CEO and Executive DirectorCITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 JACKSONVILLE FL 32202-5142Conzens PROPERTY INSURANCE CORPORATION. Homeowners HO-3 Special Form Policy - DeclarationsPOLICY NUMBER: 04557263 - 3 POLICY PERIOD: FROM 11/18/2022 To 11/18/2023 at 12:01 a.m. Eastern Time at the Location of the Residence PremisesTransaction: AMENDED DECLARATIONS Effective: 11/18/2022Named Insured and Mailing Address: Location Of Residence Premises: Agent: FI. Agent Lic. #: W173621First Named Insured: 2905 SW 108TH PL SADE'S INSURANCE CORPJorge Cao Garcia MIAMI FL 33165-2463 JORGE SADE2905 SW 108TH PL County:MIAMI-DADE 8839 SW 40TH STMIAMI, FL 33165-2463 MIAMI, FL 33165Phone Number: 786-955-7704 Phone Number: 305-501-5005 Citizens Agency ID#: 31362Primary Email Address:jorgecao84@gmail.comAdditional Named Insured: Please refer to “ADDITIONAL NAMED INSURED(S)” section for detailsCoverage is only provided where a premium and a limit of liability is shownAll Other Perils Deductible: $2,500 Hurricane Deductible: $6,324 (2%) LIMIT OF LIABILITY ANNUAL PREMIUMSECTION I - PROPERTY COVERAGES $4,579 A. Dwelling : $316,200 B. Other Structures: $0 C. Personal Property: $0 D. Loss of Use: $31,620SECTION II - LIABILITY COVERAGES E. Personal Liability: $100,000 $15 F. Medical Payments: $2,000 INCLUDEDOTHER COVERAGES Ordinance or Law Limit (25% of Cov A) (See Policy) Included SUBTOTAL: $4,594Florida Hurricane Catastrophe Fund Build-Up Premium: $84Premium Adjustment Due To Allowable Rate Change: $0MANDATORY ADDITIONAL CHARGES: 2022 Florida Insurance Guaranty Association (FIGA) Regular Assessment $33 2022-B Florida Insurance Guaranty Association (FIGA) Regular Assessment $61 Emergency Management Preparedness and Assistance Trust Fund (EMPA) $2 Tax-Exempt Surcharge $82TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $4,856The portion of your premium for:Hurricane Coverage is $1,993 Non-Hurricane Coverage is $2,685Authorized By: JORGE SADE Processed Date: 11/07/2022DEC HO3 12 19 First Named Insured Page 1 of 4CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 JACKSONVILLE FL 32202-5142Conzens PROPERTY INSURANCE CORPORATION. Homeowners HO-3 Special Form Policy - DeclarationsPolicy Number: 04557263 - 3 POLICY PERIOD: FROM 11/18/2022, TO 11/18/2023First Named Insured: Jorge Cao Garcia at 12:01 a.m. Eastern Time at the Location of the Residence PremisesForms and Endorsements applicable to this policy:CIT HO-3 02 22, CIT 04 96 02 16, CIT 04 86 02 21, CIT HO 01 09 06 22, CIT 23 70 07 08, CIT 04 85 02 21, IL P 001 01 04, CIT 27 0613, CIT 04 12 02 16, CIT 24 07 08 Rating/Underwriting InformationYear Built: 1979 Protective Device - Burglar Alarm: NoTown / Row House: No Prote e Device - Fire Alarm: NoConstruction Type: Masonry Protective Device - Sprinkler: NoneBCEGS: Ungraded No Prior Insurance Surcharge: NoTerritory / Coastal Territory: 034 / 00 Terrain: CcWind / Hail Exclusion: No Roof Cover: FBC EquivalentMunicipal Code - Police: 999 Roof Cover - FBC Wind Speed: N/AMunicipal Code - Fire: 999 Roof Cover - FBC Wind Design: N/AOccupancy: Owner Occupied Roof Deck Attachment: Level CUse: Primary Roof-Wall Connection: Single WrapsNumber of Families: Secondary Water Resistance: UnknownProtection Class: Roof Shape: GableDistance to Hydrant (ft.): 500 Opening Protection: Class ADistance to Fire Station (mi.):A premium adjustment of ($2,141) 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 $0 ADDITIONAL NAMED INSURED(S)Name AddressNo Additional Named Insureds DITIONAL INTEREST(S) # Interest Type Name and Address Loan Number PENNYMAC LOAN SERVICES LLC ISAOA 1 1st Mortgagee 8193312927 PO BOX 6618 SPRINGFIELD, OH 45501-6618DEC HO3 12 19 First Named Insured Page 2 of 4CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300or IZENS JACKSONVILLE FL 32202-5142 Homeowners HO-3 Special Form Policy - DeclarationsPolicy Number: 04557263 - 3 POLICY PERIOD: FROM 11/18/2022 TO 11/18/2023First Named Insured: Jorge Cao Garcia at 12:01 a.m. Eastern Time at the Location of the Residence Premises FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. YOUR POLICY PROVIDES COVERAGE FORA CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT.DEC HO3 12 19 First Named Insured Page 3 of 4CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY STREET, SUITE 1300 JACKSONVILLE FL 32202-5142Conzens PROPERTY INSURANCE CORPORATION. Homeowners HO-3 Special Form Policy - DeclarationsPolicy Number: 04557263 - 3 POLICY PERIOD: FROM 11/18/2022, TO 11/18/2023First Named Insured: Jorge Cao Garcia at 12:01 a.m. Eastern Time at the Location of the Residence Premises FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT.TO REPORT ALOSS OR CLAIM CALL 866.411.2742IN CASE OF LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES SOLELY TO PROTECTTHE 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 REASONABLEEMERGENCY MEASURES, THERE IS NO COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF: (A) 72 HOURSAFTER WE ARE NOTIFIED OF THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVALBY USTHIS POLICY CONTAINS LIMITS ON CERTAIN COVERED LOSSES, ALL SUBJECT TO THE TERMS AND CONDITIONS OF YOURPOLICY. THESE LIMITS MAY INCLUDE A $10,000 LIMIT ON COVERAGE FOR COVERED LOSSES CAUSED BY ACCIDENTALDISCHARGE OR OVERFLOW OF WATER OR STEAM FROM SPECIFIED HOUSEHOLD SYSTEMS, SEEPAGE OR LEAKAGE OFWATER OR STEAM, CONDENSATION, MOISTURE OR VAPOR, AS DESCRIBED AND INSURED IN YOUR POLICY (HEREAFTERCOLLECTIVELY REFERRED TO AS ACCIDENTAL DISCHARGE OF WATER IN THIS PARAGRAPH). AS ANOTHER EXAMPLE, THEREIS ALSO LIMIT OF $3,000 APPLICABLE TO REASONABLE EMERGENCY MEASURES TAKEN TO PROTECT COVERED PROPERTYFROM FURTHER DAMAGE BY ACCIDENTAL DISCHARGE OF WATER. THE AMOUNT WE PAY FOR THE NECESSARY REASONABLEEMERGENCY MEASURES YOU TAKE SOLELY TO PROTECT COVERED PROPERTY FROM FURTHER DAMAGE BY ACCIDENTALDISCHARGE OF WATER WILL BE DEDUCTED FROM THE $10,000 LIMIT ON COVERAGE FOR ACCIDENTAL DISCHARGE OFWATER.INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND/OR AGENTS TO ASSISTTHEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS.PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. IF YOU ARE UNABLE TOCONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT 866.411.2742.DEC HO3 12 19 First Named Insured Page 4 of 4HOMEOWNERS CIT 04 12 02 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF COVERAGE B - OTHER STRUCTURES FOR USE IN CITIZENS FORM CIT HO-3 And CIT HO-8SECTION | - PROPERTY COVERAGESB. COVERAGE B - OTHER STRUCTURES Coverage B - OTHER STRUCTURES in your policy is deleted. Coverage B is excluded from your Policy. We do not cover loss or damage to other structures on the "residence premises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection.All other provisions of this Policy apply.CIT 04 12 02 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permissionHOMEOWNERS CIT 04 85 02 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TO REPORT ALOSS OR CLAIM CALL 866.411.2742 EMERGENCY WATER REMOVAL SERVICESAt our option, we may offer you the Program described in this “Endorsement”. If the offer is made by us, with yourconsent a “Contractor(s)” that is participating in the Program will contact you. The “Contractor” will provide necessaryreasonable emergency water removal services, as described below, solely to protect your covered propertyunder 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 removalprovided under this “Endorsement”, you may directly contact your Citizens’ claim representative at the telephonenumber provided to you, or call our toll free Call-Center at 866.411.2742 and a representative will be available todiscuss your concerns.CONSENT 2. The services provided under this “Endorsement”At our option and with your consent to participate in the do not include any replacement, repair or theservices provided under this “Endorsement”, the rebuilding of the dwelling or other structures andfollowing provisions of the Policy are either added or do not include any replacement, repair or theamended. rebuilding of the dwelling or other structures necessary to perform the emergency waterYour consent provided on or after reporting a claim of extraction and drying services.loss or damage and the provisions of this “Endorsement”are only for that reported claim of loss or damage. When such replacement, repair or the rebuilding is necessary, all other provisions of your PolicyThe provisions of this “Endorsement” do not apply to any apply.subsequent claim of loss or damage, unless we opt toparticipate in the services provided under this SECTION I — CONDITIONS, Condition I. Our“Endorsement” and you provide another consent as Option in CIT HO-3 does not apply to the servicesdescribed above. we or the “Contractor” provide under this “Endorsement”.AGREEMENT Your deductible does not apply to the servicesThe following is added: provided under this “Endorsement”.In the event of a direct physical loss to property covered Any payment for emergency water removalunder Coverage A, Coverage B or Coverage C located services provided under this “Endorsement” willon the "residence premises" caused by accidental not be deducted from the $3,000 limit underdischarge or overflow of water or steam from within a SECTION I - PROPERTY COVERAGES F.1.plumbing, heating, air conditioning or automatic fire Reasonable Emergency Measures and will not beprotective sprinkler system or household appliance, a deducted from the $10,000 limit on coverageparticipating “Contractor” will be in contact with you to under SECTION I — PERILS INSURED AGAINSTprovide only necessary reasonable emergency water A. Coverage A - Dwelling And Coverage B —extraction and drying services solely to protect property Other Structures paragraphs A.3. and A.6., in CITfrom further damage, as provided under this HO-3.“Endorsement”.The following applies:1. The services provided under this “Endorsement” are limited to only necessary reasonable emergency water extraction and drying services made solely to protect property from further damage.CIT 04 85 02 21 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 3 with its permissionAll other covered emergency water removal SECTION | — CONDITIONS services not provided under this “Endorsement”, Condition B. Duties After Loss after application of any applicable deductible, will be included in and limited to the $3,000 limit under The following paragraphs are added to Condition B. Section I - PROPERTY COVERAGES F.1. Duties After Loss in CIT HO-3: Reasonable Emergency Measures which will be Your duties under Condition B. Duties After Loss deducted from the $10,000 limit on coverage in CIT HO-3 apply, whether under this provided in paragraphs A.3. and A.6. under “Endorsement” you or your representative: SECTION I — PERILS INSURED AGAINST A. 1. Prevent the “Contractor” from providing or Coverage A - Dwelling And Coverage B — Other completing the services, or Structures. 2. Have another party perform or contract to This “Endorsement” does not increase any limit of perform a duty on your behalf. liability applicable to the damaged covered The services provided under this “Endorsement” property. are not a loss inspection. All conditions stipulated We will make payment directly to the “Contractor” as in SECTION I— CONDITIONS, Condition B. Duties described in SECTION I - CONDITIONS, Condition After Loss, paragraph B.1. in CIT HO-3 apply. J. Loss Payment of this “Endorsement” for services Our option and your consent to participate in the the “Contractor” provides under this “Endorsement”. services provided under this “Endorsement” are Any services provided under this “Endorsement” material parts of this “Endorsement”. Under no for loss or damage that is not covered under your circumstances does this “Endorsement” relieve you Policy does not cause or create coverage. or us of any duties and obligations under the Policy not specifically amended, added or deleted in this In consenting to participate in the services provided “Endorsement”. under this “Endorsement”, you acknowledge that Citizens is not a party to the contract between you Condition J. Loss Payment and the Program “Contractor”. Regarding the services performed under this “Endorsement”, Condition J. Loss Payment paragraphs 1., 2. and 3. are deleted in CIT HO-3 and replaced withDEFINITIONS paragraph 1. in J. below:The following definition is added: J. Loss PaymentThe term “Endorsement” shall mean “form CIT 04 85” 1. We will pay the “Contractor” directly.and shall mean “form CIT 04 85” in the paragraph(s)added or replaced in CIT HO-3 under this“Endorsement”. SECTION | AND II - CONDITIONSThe following definition is added regarding the services Condition I. Notification Regarding Accessprovided by the “Contractor” under this “Endorsement” The following is added to Condition I. Notification“Contractor” means a person, entity or company, Regarding Access in CIT HO-3 as regards thisincluding their employees, agents, representatives “Endorsement”.and general or specialty contractors who is a member Our offer and your consent to participate in theof the network engaged by Citizens to provide the EMERGENCY WATER REMOVAL SERVICESservices under this “Endorsement”. “Endorsement” requires agreement to a mutual schedule with you, and your permission for the “Contractor” to enter the “Residence Premises” at the address designated in your Declarations as the Location of Residence Premises, for the purpose of inspecting your loss and providing the services under this “Endorsement”. If there is no permission or agreement, this “Endorsement” does not apply and all other provisions of your policy apply.Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., CIT 04 85 02 21 with its permissionTERMINATION OF CONSENT1. Your consent to participate in this “Endorsement” is terminated if you or your representative: a Notify us or the “Contractor” to stop providing the services or you or your representative prevent the “Contractor” from providing or completing the emergency water removal services under this “Endorsement”. Fail to sign or execute any contract(s) or authorization(s) provided by the “Contractor” for emergency water removal services. Upon termination of your consent, 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 of this “Endorsement” 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 PROVISIONSThe following are added: This “Endorsement” does not cover any services you or your representative obtain from other providers or contractors. Instead all other provisions of your Policy apply regarding the services you or your representative obtain from other service providers or contractors.CIT 04 85 02 21 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3 with its permissionHOMEOWNERS CIT 04 86 02 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TO REPORT ALOSS OR CLAIM CALL 866.411.2742 MANAGED REPAIR CONTRACTOR NETWORK PROGRAMAt our option, we may offer you the Program described in this “Endorsement”. If the offer is made by us, a “Contractor”that is participating in the Program will contact you. We or the “Contractor(s)” will provide a scope of repairsfor covered damages to your dwelling and other structures, covered under Coverage A or B, for damage or lossfrom a covered peril described in your Policy. To participate in the Program and accept our offer, you must signand return the Program Consent Form provided by us. As a Program participant, you will directly contract with the“Contractor” to make the repairs of covered damages provided in the scope you received.Your Policy has specific requirements about notifying us, in the event of direct physical loss or damage to property,which are found in SECTION I — CONDITIONS, Condition B. Duties After Loss.Should you have concerns regarding your “Contractor” at any time during the repair, replacement or rebuildingprocess provided under this “Endorsement”, you may directly contact your Citizens’ claim representative at thetelephone number provided to you, or call our toll free Call-Center at 866.411.2742 and a representative will beavailable to discuss your concerns.CONSENT . If the $10,000 limit on coverage under SECTIONYou must provide written consent to participate in this I— PERILS INSURED AGAINST A. Coverage A -Program. Dwelling And Coverage B — Other StructuresYour written consent to participate in this Program can paragraphs A.3. and A.6. in CIT HO-3 is applicable to the covered loss, the $10,000 limitonly be provided to us by completing and returning to us, on coverage does not apply while you areon or after reporting a claim of loss or damage, the participating in the Program.Program Consent Form provided to you by Citizens. However, if your participation in the Program isThe provisions of this “Endorsement” are only for thatreported claim of loss or damage. The provisions of this terminated under 1. or 2. above or terminated as“Endorsement” do not apply to any subsequent claim of described elsewhere in this “Endorsement” and theloss or damage, unless we exercise our option to utilize $10,000 limit on coverage is applicable to the covered loss, the $10,000 limit on coverage applies.the Program and you provide another written consent ina Program Consent Form provided by Citizens. You are not eligible to participate in the Program if:PROGRAM PARTICIPATION a You incur any costs for repairs or you start any repairs, replacement or rebuilding of property1. Your participation in the Program as described in covered under Coverage A or B, prior to our this Endorsement and your Policy is contingent receipt of your written consent to participate in upon the property, prior to or at the time of the the Program and the execution of the contract loss, being in a condition that does not impair or between you and the “Contractor”; or prevent the Program be” ability to “Contractor’s You request participation in the Program after repair the covered loss. you have incurred any costs for repairs or you Your participation in the Program is terminated if have started any repairs, replacement or we or the Program “Contractor” determine: rebuilding of property described under a. Conditions are present that prevent repair, Coverage A or B. replacement or rebuilding of the property from In this event, the most we will pay is the applicable starting or being completed; or limit of liability or if applicable the $10,000 limit on The property is in a condition that impairs or coverage, as described and provided in your ba” prevents the Program “Contractor’s” ability to Policy. repair the covered loss.CIT 04 86 02 21 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permissionAGREEMENT 3. Until you provide written consent to participate inThe following, subject to the PROGRAM the Program and execute the contract with thePARTICIPATION provisions of this “Endorsement”, are “Contractor”, the $10,000 limit on coverage underadded: SECTION I — PERILS INSURED AGAINST A. Coverage A - Dwelling And Coverage B — Other . In the event of a direct physical loss to property Structures paragraphs A.3. and A.6. in CIT HO-3 covered under Coverage A or Coverage B under will apply if the covered loss results from a this “Endorsement”: covered peril described in paragraph A.2.b.(6) in a We or the “Contractor” will provide you a scope CIT HO-3 under Section | — Perils Insured of repairs for covered damages. Against, A. Coverage A — Dwelling And Coverage b As necessary, we will provide you a revised B — Other Structures. scope(s) of repairs for covered damages a. Payment for Reasonable Emergency describing any additional covered loss or Measures under SECTION I Property - damages discovered during the repair, Coverages paragraph F.1., which occurs in the replacement or rebuilding of property covered same loss will be deducted from the $10,000 under Coverage A or Coverage B that are not limit on coverage. included in the original scope of repairs for b. The $10,000 limit on coverage applies if: covered damages. (1) You do not provide written consent to Together, these scopes under a. and b. above participate in the Program; are your scope of repairs for covered damages to property covered under Coverage A or (2) Your participation in the Program has been terminated by you or us; or Coverage B. To participate in the Program and accept our offer, (3) You make a subsequent request to participate in the Program for the same loss you must sign and return the Program Consent Form and your request is not accepted by us. provided by us and directly enter into a contract with the Program’s “Contractor” to repair, replace 4 Any payment made by us to you for a loss, less or rebuild the damaged property included in the any payment made by us to you under SECTION scope of repairs for covered damages. | - PROPERTY COVERAGES F. Reasonable Emergency Measures for that loss, must be a The contract between you and the “Contractor” returned to us if for the same loss if: will be for the repairs, replacement or rebuilding of the damaged property covered a. The Program is re-offered to you and you under Coverage A or Coverage B included in consent to participate in the Program; or the scope of repairs for covered damages. We b. A subsequent request by you to participate in are not a party to the contract between you and the Program is accepted by us. the “Contractor” and the “Contractor” is not an 5. If a contract has been executed between you and agent of Citizens. the “Contractor” as described in the Payment for the repairs, replacement or “Endorsement”, you will be responsible for rebuilding of the damaged property in the payment to the “Contractor” of the deductible contract described in paragraph 2.a. above will described in SECTION I - CONDITIONS, be paid directly to the “Contractor” as Condition R. Deductible in CIT HO-3. described inSECTION | — CONDITIONS, We will pay the “Contractor” directly as described Condition J Loss Payment of this in SECTION I — CONDITIONS, Condition J. Loss “Endorsement”, less any applicable Payment of this “Endorsement”, less the deductible. deductible you are responsible for in 5. above, for the amount, if any, owed the “Contractor” for their performance of repairs, replacement or rebuilding of covered property covered under Coverages A or B indicated in the scope of repairs for covered damages. In no event will you be responsible for paying more than one deductible in any one loss.Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CIT 04 86 02 21 with its permission. If the covered loss results from a covered peril TERMINATION OF CONSENT other than the peril described in paragraph 1 If you have provided written consent in a Program A 

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