final until disposition of timely filed motion for rehearing.
appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 16-08414 Peter R. Lopez, Judge.
Truppman, P.A., and Timothy H. Crutchfield, for
Scott & Kissane, P.A., and David C. Borucke (Tampa), for
FERNANDEZ, LOGUE, and MILLER, JJ., MILLER, J.
Donato Arguelles, appeals from a final summary judgment
entered upon his complaint seeking a declaration of coverage
under his homeowner's insurance policy, issued by
appellee, Citizens Property Insurance Corporation, for
damages sustained in his condominium as the result of a
plumbing leak. The trial court determined the terms of the
policy required Arguelles to reside in the condominium at the
time of loss as a condition of coverage. As Arguelles was
living in New York, and his condominium was occupied by two
tenants at the time the leak occurred, the trial court
granted summary judgment in favor of Citizens. For the
reasons set forth below, we affirm.
AND PROCEDURAL BACKGROUND
2013, Citizens issued a homeowner's insurance policy to
Arguelles covering his condominium located in Miami,
Florida. The policy automatically renewed on an
annual basis and provided multiple independent coverages. It
set forth the following provisions, with regard to coverage
for the dwelling:
1. The alterations, appliances, fixtures and improvements
which are part of the building contained within the
2. Items of real property which pertain exclusively to the
3. Property which is your insurance responsibility under a
corporation or association of property owners agreement; or
4. Structures owned solely by your, other than the
"residence premises," at the location of the