COMPLAINT June 18, 2018 (2024)

 
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 wes CASE NUMBER: 502018CA0077 15XXXXMB Division: AN ****Filing # 73721001 E-Filed 06/18/2018 03:51:49 PMIN THE CIRCUIT COURT OF THE15TH JUDICIAL CIRCUIT IN AND FORPALM BEACH COUNTY, FLORIDACASE NO.:CAROL D. GOODWIN,Pl aintiffa*gREEUNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY,Defendant./COMPLAINTPlaintiff, CAROL D. GOODWIN (hereinafter interchangeably referred to as “Plaintiff”or “Goodwin”), sues Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCECOMPANY (hereinafter interchangeably referred to as “Defendant” or “Universal”), and allegesas follows:General Allegations1. This is an action for damages in excess of fifteen thousand dollars ($15,000) exclusive ofinterest, fees and costs.2. Atall material times, Plaintiff was a resident of Palm Beach County, FL, who ownedproperty located in Palm Beach County, Florida and was/is otherwise sui juris.3. At all material times hereto, Defendant, Universal, was Florida for-profit corporationduly. licensed to transact insurance business in the State of Fiorida, and doing business,maintaining offices, and/or maintaining agents for the transaction of its customarybusiness in Palm Beach County, Florida.4, Prior to 8/17/2017, Plaintiff sought and purchased homeowner's jnsurance fromDefendant to cover the property located at 14462 82™ Lane North, Loxahatchee, PalmBeach County, FL 33470 (hereinafter referred to as “the Property”). Said policy of .+ Z . + APRA AANA ASAE Ainente tine wnfnuead tr ac “thoinsurance, bearing policy number 1501-12U3-loz0 Widisiauer Terciica Ww a5 uleCHEN. DAIAARECACUAAIINTY Cl CUADAND ANY FL EDY neMainn4a n2-£4-A0 DAAHILL. PAL DLA VUUINE TT, 1, OHI. DUUN, ULLIAN, Yur ure tu Ul. Lt vtPolicy”), was issued by Defendant to Plaintiff to provide insurance coverage whichincluded, but was not limited to, protecting the Property against water damage.5. The Policy was issued by Defendant to Plaintiff and was in full force and effect as of8/17/2017. A copy of the policy is attached hereto as Exhibit “A”.6. On or about 8/17/17, Plaintiff's Property suffered a water leak which caused damages toit (hereinafter referred to as “the loss”).7. Plaintiff timely reported the loss to Defendant, who assigned it claim number FL17-0124680. ;8. However, Defendant has failed to fully indemnify and completely compensate Plaintiff'sloss, and has underpaid the claim instead.9. Defendant has failed to fully indemnify the Plaintiff for the loss, despite the fact thatDefendant was contractually obligated to do so pursuant to the Policy.COUNT I1—- BREACH OF CONTRACT Mt arer 8 tn wed wn acnaute aneneeanhe ana theanch nin: tPlaintiff ve-alleges and re-asserts paragraphs one through nine above as if fully set forthherein, and further alleges as follows: 10, Despite the obligation to pay the Plaintiff for the damages caused by the loss, Defendanthas failed to fully indemnify the Plaintiffs for same, though the loss is covered under thePolicy, and, thus, has breached the Policy.11, Plaintiff has been damaged monetarily in regard to the loss by the failure of theDefendant to honor and comply with its contractual obligations under and pursuant to thePolicy.12. All pre-requisites or conditions precedent to the filing of this action have been satisfied,met or waived.an a Atk 2d ett nee AL tha DNafandanta aandunt the aintLs. AS a GITECL alG prOximMae Tesi G1 Wie Weiciuane s Conuuc, the Plaintiff has heenobligated to retain legal counsel to bring this action and, pursuant to sec, 627.428 Fla.Stat., as well as others, the undersigned counsel is entitled to attorneys’ fees and costs inthis matter to be paid by Defendant. WHEREFORE, Plaintiff prays this Court to award damages in Plaintiffs favor, andagainst Defendant, as well as attomevs’ fees, costs, prefudement interest, and any and alladditional relief that this Court deems just and proper.DEMAND FOR JURY TRIALPlaintiff demand trial by jury of all issues so triable.CERTIFICATE OF SERVICE 1 DO HEREBY CERTIFY that a true and correct copy of this document will be servedon the Defendant aiong with the Summons in inis aétidii.Dated this 18" day of June, 2018.Respectfully Submitted,SILVER, BASS & BRAMS, P.A.Counsel for Plaintiff500 South Australian Avenue, Suite 800West Palm Beach, FL 33401-6237Telephone: (561) 659-0551Facsimile: (561) 835-6866Primary: edocuments@FLLitigation.comSecondary: abass@FLLitigation.comSecondary: mjordan@FLLitigation.comSecondary: jraimondi@FLlitigation.comBy: ___/s/ Monica JordanMONICA E. JORDANF.B.N. 112031AARON 8. BASSF.BN. 0166261CAROL GOODWIN14462 82ND LN N LOXAHATCHEE, FL 33470 HOMEOWNERS POLICY“2 POLICY, NUMBER 21501-1203-1626"DEAN VOLID DOI ICV CAPREFIII Vv"RORY PuUn VEE) Vm VELThis is a legal contract between the policyholder and the company. ADMINISTRATION OFFICE:1110 W. Commercial Blvd Suite 300Fort Lauderdale, FL. 33309Customer Service: 800-425-9113 You can get protection:through the National. FloocInsurance, Program. ; Call. This policy jacket with the Policy Provisions, Declarations and Endorsem*nts, if any, issued to form a part thereof, complete the policy.EXHIBIT 74°Notice of Premium Discounts for Hurricane Loss Mitigation *** Important Information ***About Your Personal Residential Insurance Policy Dear Homeowner,Hurricanes have caused tens of billions of dollars in insured damages and predictions of morecatastrophic hurricanes making landfall in Florida have triggered increases in insurance premiums to coverpotential future losses. Enclosed is information regarding wind loss mitigation that will make your home moreresistant to wind and help protect your family during a catastrophic event. In addition to reducing yourwind nrer ination fealiras, vou may alsa reduce the likalihood of aut of nackatexpenses, such: as your hurricane deductible, you may otherwise i incur after a catastrophic event. What factors are considered in establishing my premium? Your location: The closer a home is to the coast, the more vulnerable it is to damage caused by hurricanewinds. This makes the hurricane-wind premium higher than for similar homes in other areas of the state.Your policy: Your insurance policy is divided into two premiums: one for damage caused by hurricane forcewinds (hurricane-wind) and one for all other damage (all perils), such as fire.Your deductible: Under the Jaw, you are allowed to choose a $500, 2%, 5% or 10% deductible, depending 0 onthe actual value of your home. The larger your deductible, the lower your hurricane-wind premium. However, ifyou select a higher deductible your out-of-pocket expenses in the event of a hurricane claim will be higher.Improvements to your home: The state requires insurance companies to offer discounts for protecting yourhome against damage caused by hurricane winds. Securing your roof so it doesn't blow off and protecting yourwindows from flying debris are the two most cost effective measures you can take to safeguard your home andreduce your hurricane-wind premium. These discounts apply only to the hurricane-wind portion of your policy. |The costs of the improvement projects vary. Homeowners should contact a licensed contractor foran estimate. You can find a Certified Contractor in your area by visiting the Florida Department of Businessand Professional Regulation online at www.myfloridalicense.com.Your maximum discount: Discounts are not calculated cumulatively. The total discount is not the sum of theindividual discounts. Instead, when one discount is applied, other discounts are reduced until you reach yourmaximum discount of 88%. \How can | take advantage of the discounts?Homeowners will need a qualified inspector such as a general, building, or residential contractorlicensed under Section 489.111, Florida Statutes, or a professional engineer licensed under Section 471.015,Florida Statutes, who has passed the appropriate equivalency test of the Building Code training program asrequired by Section 553.841, Florida Statutes, or a professional architect licensed under Section 481.213,Florida Statutes, or a building code inspector certified under Section 468.607, to inspect the home to identify |potSiitial Mugauon Measures aha Veniy mMmprovernies. FOr a usuig Ot malviadals @nuor mispecuan Compares.meeting these qualifications contact your insurance agent or insurance company. The following is an example of how much you can reduce your insurance premium if you havemitigating features on your home. The example is based on your hurricane-wind premium* of $1,428.59which Is part of your total annual premium of $2,875.00. Remember, the discounts shown only apply tothe hurricane-wind portion of the premium and the discounts for the construction techniques andfeatures listed below are not cumulative.* Wind mitigation credits apply to that portion of your premium that covers the peril of wind, whetheror not a hurricane exists.OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155 1Homes built prior to the 2001 building code | | Estimatea* | EstimateaPremium AnnualDescription of Feature Discount Percent | Premlum isReduced by:Roof Covering (1.2... shingles or tiles)* Meets the Florida Building Code A% $57.14* Reinforced Concrete Roof Deck 82% $4,171.44n your home you most likely will not* Using a 2" nail spaced a 6" from the edge of the plywood and 12" in the field of the 0% $0.00plywood* Using a 2 1/2" nail spaced a 6" from the edge of the plywood and 12” in the field of 9% $128.57the plywood* Using a 2 1/2" nail spaced a 6” from the edge of the plywood and 8" in the fleld of 9% $128.57the plywood :Seconday Water Resistance (SWR): not SQR){Standard underlayments or hot mopped fels are not SW)* SWR, Self adhering polymer modified bitumen roofing underlaymentapplied directly to the sheathing of foam SWR Barrier (not foamed on 6% $85.72insulation) applied as a secondary means to protect the dwelling fromteintean infeveatesrs*NoSWR 0% $0.00Roof-to-Wall Connection* Using “Toe Nails" - defined as 3 nails are driven at an angle through the rafter and 0% $0.00into the top roof.* Using Clips - defined as pieces of metal that are nailed into the side of the 30% $428.58rafter/truss and Into the side of the top piate or wall stud "* Using Single Wraps - a single strap that is attached to the side and/or bottom of the 30% $428.58top plate and are nailed to the rafteritruss* Using Double Wraps - straps are attached to the side and/or bottom of the top plate 30% $428.58and are nailed to the rafter/truss 7* None 0% $0.00* Intermediate Type - shutters that are strong enough to meet half the old Miami- 20% 9905.79Dade building code standards c* Hurricane Protection Type - shutters that are strong enough to meet the currentMiami-Dade building code standards 30% yeeeeRoof Shape* Hip Roof - defined as your roof sloping down to meet all your outside walls (like apyramid), 30% $428.58* Other 0% sn.a0 OIR-B1-1 * Estimate is based on information currentty on file and the actual amount may vary. The Uniform Mitigation Verification Inspection Form is required andsigned by a licensed contractor to receive the credit.655 (Rev.02/10) Adopted by Rule 690-170.0155Homes under the 2001 building code or later ||i‘Estimated” Estimated \Description of Feature Det betel Hpeninan iReduced by: |iHomes built under the 2004 Florida Building Code or later edition (also including the 1994 !South Florida Bullding Code for homes In Miami-Dade and Broward Counties) are eligible for a iminimum 68% discount on the hurricane-wind portion of your premium. You may be eligible for 'greater discount if other mitigation features are installed on your home. /|‘Shutters |* None 0% $0.00 {* Intermediate Type - shutters that are strong enough to mect half the old Miami- 20% $285.72Dade building code standards* Hurricane Protection Type - shutters that are strong enough fo meet the currentMiami-Dade building code standards 30% iianineRoof Shape* Hip Roof - defined as your roof sloping down to meet all your outside walls (like a 30% $428.58pyramid). : : : eee : oman* Other 0% $0.00 * Estimate is based on information currently on file and the actual amount may vary. The Uniform Mitigation Verification Inspection Form is required andsigned by a licensed contractor to receive the credit.Altemaiely ana regardiess of the year of construction, if you meet tne minimum tixture and constructionrequirements of the 2001 Florida Building Code you have the option to reduce your hurricane-wind deductiblefrom__to__If you have further questions about the construction techniques and features or other construction techniquesand features that could result in a discount, please contact your insurance agent or the insurance company at4(800)-425-9113. OIR-B1-1655 (Rev.02/10) Adopted by Rule 690-170.0155 3Universal Property & Casualty Insurance Company Homeownersi Vaan auieclo Universal Risk Advisors pecan ean Reet14110 W. Commercial Blvd Suite 300 sepGER TTFort Lauderdale, FL 33309 Renewal PolicyToll Free: 800-425-9113 :Claims: 800-218-3206 Service: Contact your Agent Listed BelowPolicy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code1501-1203-1626 12/05/2017 12/05/2018 12:01 AM Standard Time BD49Named Insured and Address and AddressCarol Goodwin Gamer Financialee id Ln N . 22681 SW53 Ave., FL 33470 Boca Raton, FL 33433(et) 596-1887 (561) 482-6703Premium SummaryBasle Coverages Attached Endorsem*nts Total Policy PremiumPremium Premium Assessments / Surcharges MGA Fees/Policy Fees (chiding Assessments & Surcharges)$7,060.35 ($4,460.36) $248.00 $27.00 $2,875.00Location 001Townhouse? Number of ProtectionForm Construction Year Rewhouse PF Occunled Class Territory BCEGHO3 | Masonry 1996, N 1 TY et 3 38 99.Dwelling Protective Device Credits: Wind / HeilCounty Replacement Cost Home Updated Burglar Fire Sprinkler Shutter ExclusionPalm Beach Y Y None None N N N ‘We will provide the insurance described in this policy in return for the premium and compliance with all applicable pro’of this policy. If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for eachsuccessive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to the end of thecurrant noliey nariod or el Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all theconditions of this policy. COVERAGES -SECTION| LIMITS PREMIUMS | COVERAGES - SECTION I LIMITS PREMIUMSCoverage “Ac Dwelling $866,736 $7,060.36 | Coverage-E- Personal Liability $300,000 $18.00Coverage -B- Other Structure $40,677 Coverage -F- Medical Payments $3,000 $5.00Coverage -C- Personal Property $107,021 i 7Coverage -D- Loss of of Use $71,348 Sy, NOTE: ‘The portion of your premium for hurricane coverage is: $1,428.59__The portion of your premium for all other coverages is: $1,446.41Section 1 coverages subject to a minimum 2.0% - $7,135 hurricane deductible per calendar year.Section 1 coverages subject to $2,500 non-hurricane (non-sinkhole) deductible per loss.DESCRIBED LOCATION - The Described Location covered by this policy is at the above address unless otherwise stated:14462 82nd Ln N Loxahatchee, FL 33470THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR.HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU, _rersal Pro Prop ad ‘Casualty Insurance Company and is not part of this policy.| Flo| Countersignature Date Chief Executive Officer UPCIC HO003 (02/12) Printed Date: 5/30/2018 10:25:16 AM 10f3Universal Property & Casualty Insurance Companyclo Universal Risk Advisors EE eT eee1110 W. Commercial Blvd Suite 300 ‘2705/2017Fort Lauderdale, FL 33309 Renewal PolicyToll Free: 800-425-9113 7Claims: 800-218-3206 Service: Contact your Agent Listed BelowPolicy Number. FROM Policy Period TO [MORTGAGEE BILLED] Agent Code1501-1203-1626 12/05/2017 12/05/2018 12:01 AM Standard Time Bb4gMortgagee / Additional Interest 01 Agent Name and AddressWells Fargo Bank, N.A. #936 ISAOA Gamer FinancialPO Box 100515 22681 SW 53 Ave.Elaranan OO DQ5N9 Bana Dainn Cl 29499Fidrence, cu 2vcue BOCA RET, Ph CoFOS0541159794 (561) 482-6703Additional InterestMortgagee/Additional Interest 01 Mortgagee/Additional Interest 02 Mortgagee/Additional Interest 03Weils Fargo Bank, N.A. #936. ISAOAPO Box 100515Florence, SC 295020541159794MortgageePolicy Forms and Endorsem*nts Applicable to this PolicyNUMBER EDITION DESCRIPTION LIMITS PREMIUMSHOOOO30491 Homeowners 3 Special Form 7 cane $7,060.35‘UPCIC 03 33 07 08 Limited Fungi, Wet or Dry Rot, or Bacteria Section | - $10,000/$20,000;Section Hf - $50,000UPCIC 3 01 98 Outline of Your Homeowner PolicyUPCIC 25 01 98 (06-07) ‘Hurricane DeductibleUPCIC 23 08 16 ‘Special Provisions - FloridaUPCIC 19.01 98 ‘Windstorm Protective Devices ($4,432.00)UPCIC 16 01 98 Loss Assessment Coverage $1,000HO 23 70 06 97 ‘Windstorm Exterior Paint or Waterproofing Endorsem*ntHO 04 96 04 91 No Coverage for Home Day Care BusinessHO 04 48 04 91 Other Structures $40,877 $20.00UPCIC 10 01 98 (06-07) Existing Damage ExclusionPersonal Property Inctease/Decrease $107,021 (871.35)‘Year Built Surcharge $248.00Personal Liability Increase Endorsem*nt $300,000 $18.00Medical Payment Increase Endorsem*nt $3,000 $5.00Emergency Management Preparedness Assistance Trust Fund $2.00MGA Fee $25.00 LAW AND ORDINANCE COVERAGE IS AN IMPORTANTCOVERAGE THAT YOU MAY WISH TO PURCHASE. YOU MAYALSO NEED TO CONSIDER THE PURCHASE OF FLOODINSURANCE FROM THE NATIONAL FLOOD INSURANCEPROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVEUNCOVERED LOSSES. PLEASE DISCUSS THESECOVERAGES WITH YOUR INSURANCE AGENT.COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU.UPCIC HOODS (02/12) Printed Date: 5/30/2018 10:25:16 AM 20f3Universal Property & Casualty Insurance Companyclo Universal Risk Advisors Declaration Effective4110 W. Commercial Blvd Suite 300 12/05/2017Fort Lauderdale, FL 33309 Renewal PolicvToll Free: 800-425-9113 EClaims: 800-218-3206 Service: Contact your Agent Listed BelowPolicy Number FROM Policy Perlod TO {MORTGAGEE BILLED] Agent Code1501-1203-1626 1205/2017 12/05/2018 12:01 AM Standard Time BD49 YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUNDCOVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNEDAND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDECOVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONALCOVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.This replaces all previously issued policy declarations, if any and is subject to all forms and endorsemonts attached to this policy.UPCIC HO003 (02/12) Printed Date: 5/30/2018 10:25:16 AM 3ofsChecklist OT CoveragePolicy Type: 1501-1203-1626 Homeowners (Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's) The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of theprovisions of the insurance contract which is the subject of this checklist. Any endorsem*nt regarding changes in types ofcoverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions,surcharges, or credits will be sent separately.Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actualcoverages and limitations, and may even generate questions. By addressing any questions now, you will be moreprenarad later in the avent of a Exo shown that many auestions tend fo arise reaardina the coverade ofattached or detached screened pool ‘enclosures, screened porches, and other types of enclosures. Likewise, if yourpolicy insures-a condominium unit, questions may arise regarding the coverage of certain-items, such as individualheating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and countertops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy'scoverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subjectto the provisions and conditions of the policy and any endorsem*nts. If you have questions regarding your policy, pleasecontact your agent or company. Consumer assistance is available from the Department of Financial Services, Division ofConsumer Services’ Helpline at (800) 342-2762 or www.fidfs.com.This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence)Limit of Insurance: $356,736 Loss Settlement Basis: Replacement Cost(i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.) Other Structures Coverage (Detached from Dwelling)Limit of Insurance: $40,677 Loss Settlement Basis: Replacement Cost(ie.: Replacement Cost, Actual Cash Value, Stated Value, etc.) Personal Property CoverageLimit of Insurance: $107,021 Loss Settlement Basis: Actual Cash Value(Le.: Replacement Cost, Actual Cash Value, Stated Value, etc.) Deductiblesno, e7 4nk All Darile/Athar than hurrinana 2 oinlhalals — ¢9 RAN22-91, 100 AIL Sins(Vunet wan Nuricane & omanue), — yeu OIR-B1-1670 (1-1-08) . 10f3|{|Checklist of Coverage (continued)The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against:(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) _[Y | Fire or Lightning HurricaneFlood (Including storm surge)Windstorm or Hail (other than hurricane)ExplosionRiot or Civil CommotionAircraftVehiclesSmokeVandalism or Malicious MischiefTheftFalling ObjectsWeight of Ice, Snow or SleetAccidental Discharge or Overflow of Water or Steam Sudden and Accidental Tearing Apart, Cracking , Burning or BulgingFreezing * 7 7Sudden and Accidental Damage from Artificially Generated Electrical CurrentVolcanic EruptionSinkholeAny Other Peril Not Specifically Excluded (dwelling and other structures only) ~)2|<|<|<|<1<|<|<|<])<|<| <|<1<|<|<]2]< Snoci:SpeckLoss of Use CoverageCoverage | Limit of Insurance [ Time Limit(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)Y | Additional Living Expense $71,347Y |Fair Rental Value $71,347Y [Civil Authority Prohibits Use $71,347 2 Weeks Property - Additional/Other Coverages {Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount ofincluded, those marked N (No) indicate coverage is coverage or is included within the policy limit.NOT included)Included AdditionalY [Debris Removal xY IRaaennahla Ranaire xY pReasonanle Repairs ?Y {Property Removed xY | Credit Card, Electronic Fund Transfer Card, or $500 xAccess Device, Forgery and Counterfeit MoneyY |Loss Assessment xY |Collapse xXY |Glass or Safety Glazing Material XxY jLandlord's Furnishings $2,500 xY {Law and Ordinance $89,184 xY | Grave Markers $5,000 xY |Mold / Fungi $10,000/$20,000 x OIR-B1-1670 (1-1-06) : 2o0f3Checklist of Coverage (continued) Discounts (Items below marked Y (Yes) indicate discount IS applied, those marked N Dollar Dollar ($) Amount of Discount(8) Amount of Discount (No) indicate discount is NOT applied)) zMultiple Policy Fire Alarm / Smoke Alarm / Burglar AlarmSprinkler Windstorm Loss Reduction $4,432 Building Code Effectiveness Grading Schedule zlzj<|z|zOther Insurer May Insert Any Other Property Coverage Below {Items below marked Y (Yes) indicate coverage IS Limit of Insurance Loss Settlement Basis:included, those marked N (No) Indicate coverage is (ie.: Replacement Cost, Actual Cash Value,NOT included) Stated Value, etc.) Personal Liability CoverageLimit of Insurance: $300,000 Medical Payments to Others CoverageLimit of Insurance: $3,000 Liability - Additional/Other Coverages (Items below marked Y (Yes) indicate coverage IS | Limitof insurance — [Amount of insurance is an additional amount ofincluded, those marked N (No) indicate coverage is coverage or is included within the policy limit.NOT included}Included AdditionalY |Claim Expenses xXY |First Aid Expenses xY |Damage to Property of Others $500 xY |Loss Assessment $1,000 x Insurer May Insert Any Other Liability Coverage Below (Items below marked Y (Yes) indicate coverage |S included, those marked N(No) Limit of InsuranceIndicate coverage is NOT included) OIR-B1-1670 (1-1-06) 3 of3HOMEOWNERSHO 00 03 04 91HOMEOWNERS 3SPECIAL FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applica-hla nrauiciane af thie naliawBIG proviorons Cr une poney. DEFINITIONS In this policy, "you" and “your” refer to the "namedinsured" shown in the Declarations and the spouse ifa resident of the same household. "We," "us" and"our" refer to the Company providing this insurance.In addition, certain words and phrases are defined asfollows:1. "Bodily injury" means bodily harm, sickness ordisease, including required care, loss of servicesand death that results.2. "Business" includes trade, profession or occupa-tion. :3. "Insured" means you and residents of your house-hold who are:b. Other persons under the age of 21 and in thecare of any person named above.Under Section Il, “insured” also means:c. With respect to animals or watercraft to whichthis policy applies, any person or organizationlegally responsible for these animals or water-craft which are owned by you or any person in-cluded in 3.a. or 3.b. above. A person or or-ganization using or having custody of theseanimals or watercraft in the course of any"business" or without consent of the owner isnot an "insured";d. With respect to any vehicle to which this policyapplies:(1) Persons while engaged in your employ orthat of any person included in 3.a. or 3.b.above} oF(2) Other persons using the vehicle on an“insured location" with your consent.4, "Insured location" means:a, The "residence premises";b. The part of other premises, other structuresand grounds used by you as a residence and:(1) Which is shown in the Declarations; or{2) Which is acquired by you during the policyperiod for your use as a residence;HO 00 03 0491onCopyright, Insurance Services Office, Inc., 1990c. Any premises used by you in connection with apremises in 4.a. and 4.b. above;d. Any part of a premises:(1) Not owned by an "insured"; and(2) Where an "insured" is temporarily residing;e. Vacant land, other than farm land, owned by orrented to an "insured";f. Land owned by or rented to an "insured" onwhich a one or two family dwelling is beingbuilt as a residence for an "insured";g. Individual or family cemetery plots or burialvaults of an "insured"; or for. "Occurrence" means an accident, including con-tinuous or repeated exposure to substantially thesame general harmful conditions, which results,during the policy period, in:a. "Bodily injury"; orb. "Property damageUenenets dneaaall manne nhuntnal Tarrriupsry Gamage iieans puysica imyury w, Ge-struction of, or loss of use of tangible property. . "Residence employee" means:a. An employee of an "insured" whose duties arerelated to the maintenance or use of the "resi-dence premises," including household or do-mestic services; orb. One who performs similar duties elsewhere notralatad ty tha “hieinace" af an Mincuirad ". "Residence premises" means:a. The one family dwelling, other structures, andgrounds; orb. That part of any other building;where you reside and which is shown as the "resi-dence premises" in the Declarations."Residence premises" also means a two familydwelling where you reside in at least one of thefamily units and which is shown as the "residencepremises" in the Declarations.Page 1 of 18SECTION | - PROPERTY COVERAGES COVERAGE A — DwellingWe cover:1. The dwelling on the “residence premises" shownin the Declarations, including structures attachedto the dwelling; and . MaleiiaIs iG SuppNes Gata Gi SF Text 1 ine“residence premises" used to construct, alter orrepair the dwelling or other structures on the "resi-dence premises."This coverage does not apply to land, including landon which the dwelling is located.COVERAGE B — Other StructuresWe cover other structures on the "residence prem-jena" eat anart fram dusallina hw alaar enana Thieseo Sot Gparn won Gwening oy Cian Space. imsincludes structures connected to the dwelling by onlyafence, utility line, or similar connection.This coverage does not apply to land, including landon which the other structures are located.We do not cover other structures:4. Used in whole or in part for "business"; or2. Rented or held for rental to any person not a ten-ani of ine dwelling, uniess used solely as a privategarage.The limit of liability for this coverage will not be morethan 10% of the limit of liability that applies to Cover-age A. Use of this coverage does not reduce theCoverage A limit of liability.COVERAGE C — Personal PropertyWe cover personal property owned or used by antt thn .“aSurea” Wine i iS anywhere ia wie Word, At yourTequest, we will cover personal property owned by:1. Others while the property is on the part of the“residence premises" occupied by an "insured";2. A guest or a "residence employee," while theproperty is in any residence occupied by an "in-sured."Our limit of liability for personal property usuallyIneated at an “inctirad’s" racidence other than thePresidence premises," is‘ 10% ¢ of tl the timit of liability forCoverage C, or $1000, whichever is greater. Personalproperty in a newly acquired principal residence is notsubject to this limitation for the 30 days from the timeyou begin to move the property there.Special Limits of Liability. These limits do not in-crease the Coverage C limit of liability. The speciallimit for each numbered catego! below is the totalnN? Page 2 of 18Copyright, Insurance Services Office, Inc., 19904. $200 on money, bank notes, bullion, gold otherthan goldware, silver other than silverware, plati-num, coins and medals.2. $1000 on securities, accounts, deeds, evidencesof debt, letters of credit, notes other than banknotes, manuscripts, personal records, passports,tickets and stamps. This dollar limit applies tothese categories regardless of the medium (suchas paper or computer software) on which the ma-terial exists.This limit includes the cost to research, replace orrestore the information from the lost or damagedmaterial.3. $1000 on watercraft, including their trailers, fur-as eaninmant and outhnard enainas or moWs, eauinment and outhoard engines or mo tors.4. $1000 on trailers not used with watercraft.5. $1000 for loss by theft of jewelry, watches, furs,Precious and semi-precious stones.6. $2000 for loss by theft of firearms.7. $2500 for loss by theft of silverware, silver-platedware, goldware, gold-plated ware and pewlerware.This Wickes NawWare, NOUsWwaie, ta Sets, Waysand trophies made of or including silver, gold orpewter.8. $2500 on property, on the "residence premises,"used at any time or in any manner for any "busi-ness" purpose.9. $250 on property, away from the "residence prem-ises," used at any time or in any manner for any“business" purpose. However, this limit does notapply to loss to adaptable electronic apparatus asdescribed in Special Limits 10, and 11. below.40. $1000 for loss to electronic apparatus, while in orupon a motor vehicle or other motorized land con-veyance, if the electronic apparatus is equipped tobe operated by power from the electrical systemof the vehicle or conveyance while retaining itscapability of being operated by other sources ofpower. Electronic apparatus includes: a. Accessories or antennas; orb. Tapes, wires, records, discs or other media;for use with any electronic apparatus.HO 00 03 04 9111.$1000 for loss to electronic apparatus, while not inor upon a motor vehicle or other motorized landconveyance, if the electronic apparatus:a. Is equipped to be operated by power from theelectrical system of the vehicle or conveyancewhile retaining its capability of being operatedby other sources of power;b. Is away from the "residence premises"; andc,Is used at any time or in any manner for any"business" purpose.Electronic apparatus includes:a. Accessories and antennas; orb. Tapes, wires, records, discs or other media;for use with any electronic apparatus.Property Not Covered. We do not cover:4. Articles separately described and specificallyinsured in this or other insurance;2. Animals, birds or fish;3. Motor vehicles or all other motorized land con-veyances. This includes:a. Their equipment and accessories; orb. Electronic apparatus that is designed to be ymotorized land conveyances. Electronic appa-ratus includes:(1) Accessories or antennas; or(2) Tapes, wires, records, discs or other media;for use with any electronic apparatus.The exclusion of property described i in 3. a.ia 3.6. above appues Giy wie wie propenyis In or upon the vehicle or conveyance,We do cover vehicles or conveyances not subjectto motor vehicle registration which are:a. Used to service an "insured's" residence; orb. Designed for assisting the handicapped;4. Aircraft and parts. Aircraft means any contrivanceused or designed for flight, except model or hobbyaircraft not used or designed io carry peopie orcargo;5. Property of roomers, boarders and other tenants,except property of roomers and boarders relatedto an "insured";6. Property in an apartment regularly rented or heldfor rental to others by an “insured," except as pro-vided in Additional Coverages 10.; “residence premises";HO 00 03 04 91 Copyright, Insurance Services Office, Inc., 19908. "Business" data, including such data stored in:a. Books of account, drawings or other paperrecords; orb. Electronic data processing tapes, wires, records, discs or other software media;However, we do cover the cost of blank recordingor storage media, and of pre-recorded computerprograms available on the retail market; or9, Credit cards or fund transfer cards except asprovided in Additional Coverages 6.COVERAGE D —- Loss Of UseThe limit of liability for Coverage D is the total limitfor all the coverages that follow.4. If a loss covered under this Section makes thatpart of thi “residence premises” where you residenot fi itthe following. However, if the “residence oanises" is not your principal place of residence, wewill not provide the option under paragraph b. be-low.a. Additional Living Expense, meaning anynecessary increase in living expenses incurredby you so that your household can maintain itsnormal standard of living; orb. Fair Rental Value, meaning the fair rentalvalue of that part of the "residence premises"where you reside less any expenses that donot continue while the premises is not fit to livein,Payment under a. or b. will be for the shortesttime required to repair or replace the damage or,if you permanently relocate, the shortest time re-quired for your household to settle elsewhere.2. If a loss covered under this Section makes thatpart of the “residence premises" rented to othersor held for rental by you not fit to live in, we coverthe:Fair Rental Value, meaning the fair rentalvalue of that part of the “residence premises"rented to others or held for rental by you lessany expenses that do not continue while thenramieae ie not fit fa live inPrommges to ot mn ie nye HePayment will be for the shortest time required torepair or replace that part of the premises rentedor held for rental.3. If a civil authority prohibits you from use of the“residence premises" as a result of direct damageto neighboring premises by a Peril Insured Againstin this policy, we cover the Additional Living Ex-pense and Fair Rental Value loss as provided un-der 1. and 2. above for no more than two weeks. Page 3 of 18The periods of time under 1., 2. and 3. above are notlimited by expiration of this policy.We do not cover loss or expense due to cancellationof a lease or agreement.ADDITIONAL COVERAGES1, Debris Removal. We will pay your reasonableexpense for the removal of:maken at ina nets fm D,@ veons Or COversu propery u arAgainst that applies to the damaged propertycauses the loss; orb. Ash, dust or particles from a volcanic eruptionthat has caused direct loss to a building orproperty contained in a building.This expense is included in the limit of liability thatapplies to the damaged property. If the amount tobe paid for the actual damage to the property plusthe debris removal expense is more than the limitof liability for the damaged property, an additional5% of that limit of liability is available for debrisremoval expense.We will also pay your reasonable expense, up to$500, for the removal from the "residence prem-ises" of:a. Your tree(s) felled by the peril of Windstorm orusnmb. Your tree(s) felled by the peril of Weight of Ice,Snow or Sleet; orc. A neighbor's tree(s) felled by a Peril InsuredAgainst under Coverage C;provided the tree(s) damages a covered structure.The $500 limit is the most we will pay in any oneloss regardless of the number of fallen trees.%. Reasonabie Repairs. in the event inat coveredproperty is damaged by an applicable Peril In-sured Against, we will pay the reasonable cost in-curred by you for necessary measures takensolely to protect against further damage. If themeasures taken involve repair to other damagedproperty, we will pay for those measures only ifthat property is covered under this policy and thedamage to that property is caused by an applica-Bla Daril Inevirad AnainatDie ret nioureu mgauionThis coverage:a. Does not increase the limit of liability thatapplies to the covered property;b. Does not relieve you of your duties, in case ofa loss to covered property, as set forth inSECTION I - CONDITION 2.d. _ Page 4 of 18Copyright, Insurance Services Office, Inc., 19903. Trees, Shrubs and Other Plants. We covertrees, shrubs, plants or lawns, on the "residencepremises," for loss caused by the following PerilsInsured Against: Fire or lightning, Explosion, Riotor civil commotion, Aircraft, Vehicles not owned oroperated by a resident of the "residence prem-ises," Vandalism or malicious mischief or Theft.We will pay up to 5% of the limit of liability that or lawns. No more than $600 of this limit will beavailable for any one tree, shrub or plant. We donot cover property grown for "business" purposes.This coverage is additional insurance.4, Fire Department Service Charge. We will pay upto $500 for your liability assumed by contract oragreement for fire department charges incurredwhen the fire department is called to save or pro-tect covered property from a Peril insuredAgainst. We do not cover fire department servicecharges if the property is located within the limitsof the city, municipality or protection district fur-nishing the fire department response.This coverage is additional insurance. No deducti-ble applies to this coverage.5. Property Removed. We insure covered propertyfnact Ios from any cause while heina Temoved from a premises ; endangered by: a PerilInsured Against and for no more than 30 dayswhile removed. This coverage does not changethe limit of liability that applies to.the property be-ing removed,6. Credit Card, Fund Transfer Card, Forgery andCounterfeit Money.We will pay up to $500 for:a. The legal obligation of an "insured" to paybecause of the theft or unauthorized use ofcredit cards issued to or registered in an "in-sured's" name;b, Loss resulting from theft or unauthorized useof a fund transfer card used for deposit, with-drawal or transfer of funds, issued to or regis-tered in an “insured's" name; ¢. Loss io an “insured” caused by forgery or ai-teration of any check or negotiable instrument;andd. Loss to an "insured" through acceptance ingood faith of counterfeit United States or Ca-nadian paper currency.HO 00 03 04 91We do not cover use of a credit card or fundtransfer card:a. By a resident of your household;b. By a person who has been entrusted with ei-ther type of card; orc. If an "insured" has not complied with all termsand conditions under which the cards are is-sued.All loss resulting from a series of acts committedby any one person or in which any one person isconcerned or implicated is considered to be oneloss.We do not cover loss arising out of "business" useor dishonesty of an "insured."This coverage is additional insurance. No deducti-ble applies to this coverage.Defense:a. We may investigate and settle any claim orsuit that we decide is appropriate. Our duty todefend a claim or suit ends when the amountwe pay for the loss equals our limit of liability.b. If a suit is brought against’ an "insured" forliability under the Credit Card or Fund TransferCard coverage, we will provide a defense atour expense by counsel of our choice.c. We have the option to defend at our expensean "insured" or an “insured's" bank against anysuit for the enforcement of payment under theForgery coverage.7. Loss Assessment. We will pay up to $1000 foryour share of loss assessment charged during thepolicy period against you by a corporation or as-eariatinn of nranarty qwnare whan tha accace.SOCancn Sy propery CMners,ment is made as a result of direct loss to theproperty, owned by all members collectively,caused by a Peril Insured Against underCOVERAGE A — DWELLING, other than earth-quake or land shock waves or tremors before, dur-ing or after a volcanic eruption.This coverage applies only to loss assessmentscharged against you as owner or tenant of theUennidanan neaminns WTesracnce promises.We do not cover loss assessments chargedagainst you or a corporation or association ofproperty owners by any governmental body.The limit of $1000 is the most we will pay with re-spect to any one loss, regardless of the number ofassessments.Condition 1. Policy Period, under SECTIONS |AND I CONDITIONS, does not apply to this cov-erage.HO 00 03 04 91Copyright, Insurance Services Office, Inc., 19908. Collapse. We insure for direct physical loss tocovered property involving collapse of a buildingor any part of a building caused only by one ormore of the following:a. Perils Insured Against in COVERAGE C —PERSONAL PROPERTY. These perils applyto covered buildings and personal property forloss insured by this additional coverage;b. Hidden decay;; Hidden insect or vermin damage;d. Weight of contents, equipment, animals orpeople;. Weight of rain which collects on a roof; orf. Use of defective material or methods in con-struction, remodeling or renovation if the col-lapse occurs during the course of the construc-tion, remodeling or renovation.Loss to an awning, fence, patio, pavement, swim-ming pool, underground pipe, flue, drain, cess-pool, septic tank, foundation, retaining wall, bulk-head, pier, wharf or dock is not included underitems b., ¢., d., @., and f. unless the loss is a di-rect result of the collapse of a building.Collapse Goes no not include settling, cracking,, DuIguig oF SxpalThis coverage does not increase the limit of liabil-ity applying to the damaged covered property.9, Glass or Safety Glazing Material.We cover:a. The breakage of glass or safety glazing mate-tial which is part of a covered building, stormdoor or storm window; andb, Damage to covered property by glass or safetyglazing material which is part of a building,storm door or storm window.This coverage does not include loss on the "resi-dence premises" if the dwelling has been vacantfor more than 30 consecutive days immediatelybefore the loss. A dwelling being constructed isnot considered vacant.° LOSS foi damage t gla8s Will be Settled Gi the ba-sis of replacement with safety glazing materialswhen required by ordinance or law.This coverage does not increase the limit of liabil-ity that applies to the damaged property.Page 5 of 1810.Landlord's Furnishings. We will pay up to$2500 for your appliances, carpeting and otherhousehold furnishings, in an apartment on the“residence premises" regularly rented or held forrental to others by an "insured," for loss causedonly by the following Perils Insured Against:a. Fire or lightning.b, Windstorm or hail.This peril does not include loss to the propertycontained in a building caused by rain, snow,sleet, sand or dust unless the direct force ofwind or hail damages the building causing anopening in a roof or wall and the rain, snow,sleet, sand or dust enters through this opening.This peril includes loss to watercraft and theirtrailers, furnishings, equipment, and outboardnaines or motors, only while Je a fully en-closed building.c. Explosion.d. Riot or civil commotion.e. Aircraft, including self-propelled missiles andspacecraft.f. Vehicles.g. Smoke, meaning sudden and accidental dam-age from smoke.This peril does not include loss caused bysmoke from agricultural smudging or industrialoperations.h. Vandalism or malicious mischief.i. Falling objects.This peril does not include loss to propertycontained in a building unless the roof or anoutside wall of the building is first damaged bya falling object. Damage to the falling object it-self is not included.J. Weight of ice, snow or sleet which causesdamage to property contained in a building.k. Accidental discharge or overflow of wateror steam from within a plumbing, heating, airconditioning or automatic fire protective sprin-Kiet SyStein OF HOTT Within @ NOUSEHOG appi-ance. This peril does not include loss:(1) To the system or appliance from which thewater or steam escaped;(2) Caused by or resulting from freezing ex-cept as provided in the peril of freezing be-low; or(3) On the “residence premises" caused byaccidental discharge or overflow which oc-curs off the "residence premises.”In this peril, a plumbing system does not in-clude a sump, sump pump or related equip-ment.Sudden and accidental tearing apart, crack-ing, burning or bulging of a steam or hot wa-ter heating system, an air conditionimatic fire Protective sprinkler system, or an@ppuance tor heautig water.We do not cover loss caused by or resultingfrom freezing under this peril. m. Freezing of a plumbing, heating, air condition-ing or automatic fire protective sprinkler sys-tem or of a household appliance.This peril does not include loss on the "resi-dence premises" while the dwelling is unoccu-nied, unless vou have used raaconahle cara to:NOU, UINCSS YOu Mave WouU Teauoraete Core we(1) Maintain heat in the building; or(2) Shut off the water supply and drain thesystem and appliances of water.n. Sudden and accidental damage fromartificially generated electrical current.This peril does not include loss to a tube, tran-sistor or similar electronic component.o. Volcanic eruption other than loss caused byearthquake, land shock waves or tremors.The $2500 limit is the most we will pay in any oneloss regardless of the number of appliances, car-peting or other household furnishings involved inthe loss. SECTION | —- PERILS INSURED AGAINST COVERAGE A —- DWELLING and COVERAGE B — 41. Involving collapse, other than as provided in Addi-OTHER STRUCTURES tional Coverage 8.;bar insure against risk of direct loss to Property cal 2. Caused by:AandB only i t los ee WA ake maLy. VG GO TOL Page 6 of 18 Copyright, Insurance Services Office, Inc., 1990 HO 00 03 04 91HO 00 03 04 91a. Freezing of a plumbing, heating, air condition-ing or automatic fire protective sprinkler sys-tem or of a household appliance, or by dis-charge, leakage or overflow from within thesystem or appliance caused by freezing. Thisexclusion applies only while the dwelling is va-cant, unoccupied or being constructed, unlessyou have used reasonable care to:JAN Minintnin basUy Maitian fe ng, Of(2) Shut off the water supply and drain thesystem and appliances of water;b. Freezing, thawing, pressure or weight of wateror ice, whether driven by wind or not, to a:(1) Fence, pavement, patio or swimming pool;(2) Foundation, retaining wall, or bulkhead; or(3) Pier, wharf or dock;c. Theft in or to a dwelling under construction, orof materials and supplies for use in the con-struction until the dwelling is finished and 

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