Zerish Palmer Plaintiff vs. Universal Property & Casualty Insurance Company Defendant

Asubsequent edition of this policy; or

An amendatory endorsement.

B. Waiver Or Change Of Policy Provisions

A waiver or change of a provision of this policy

must be in writing by us to be valid. Our request

for an appraisal or examination will not waive any

of our rights.

Cc. Cancellation

You may cancel this policy at any time, for

any reason, by giving us advance written

notice of the future cancellation effective

date.

When this policy has been in effect for 90

days or less, we may cancel immediately if

there has been a material misstatement or

misrepresentation or failure to comply with

underwriting requirements.

We may also cancel this policy subject to the

following provisions. A written cancellation

notice, together with the specific reasons for

cancellation, will be delivered to you, or

mailed to you at your mailing address shown

in the Declarations.

Proof of mailing will be sufficient proof of

notice.

a. When you have not paid the premium,

we may cancel at any time by letting you

know at least 10 days before the date

cancellation takes effect.

However, when a (mortgage company)

lender is responsible for paying the

premium through an escrow account and

the premium payment is not more than

90 days overdue we will reinstate the

insurance policy, retroactive to the date

of cancellation. The lender — shall

reimburse the “insured” for any penalty

Page 26 of 28UPCIC HO8 15 05 18

or fees we imposed upon you for

purposes of reinstating the policy.

When this policy has been in effect for 90

days or less, we may cancel for any

reason, except we may not cancel:

(1) On the basis of property insurance

claims that are the result of an Act of

God, unless we can demonstrate, by

claims frequency or otherwise, that

the “insured” has failed to take action

reasonably necessary as requested

by us to prevent recurrence of

damage to the insured property;

On the basis of a single claim on a

property insurance policy which is the

result of water damage unless we

can demonstrate that the “insured”

has failed to take action reasonably

requested by us to prevent a future

similar occurrence of damage to the

insured property; or

On the basis of the lawful use,

possession, or ownership of a firearm

or ammunition by an “insured” or

household member of an “insured”.

Except as provided in Item C.2. or C.3. a.

above, we will let you know of our action

at least 20 days before the date

cancellation takes effect.

When this policy has been in effect for

more than 90 days, we may cancel:

(1) If there has been a_ material

misstatement;

If the risk has changed substantially

since the policy was issued;

(3) In the event of failure to comply,

within 90 days after the effective date

of coverage, with underwriting

requirements established by us

before the effective date of coverage;

If the cancellation is for all “insureds”

under policies of this type for a given

class of “insureds”;

On the basis of property insurance

claims that are the result of an Act of

God, if we can demonstrate, by

claims frequency or otherwise, that

the “insured” has failed to take action

reasonably necessary as requested

by us to prevent recurrence of

damage to the insured property; or

On the basis of a single claim which

is the result of water damage if we

can demonstrate that the “insured”

2

(3)

(2)

(4)

(5)

6)

Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

has failed to take action reasonably

requested by us to prevent a future

similar occurrence of damage to the

insured property.

However, we may not cancel based on

credit information available in public

records after a policy has been in effect

for more than 90 days; or based on the

lawful use, possession or ownership of a

firearm or ammunition by an “insured” or

household member of an “insured”.

Except as provided in Item C.3.a. above,

we will let you know at least 120 days

before the cancellation takes effect.

Proof of mailing will be sufficient proof of

notice.

d. When this policy is cancelled, the

premium for the period from the date of

cancellation to the expiration date will be

refunded pro rata.

e. If the return premium is not refunded with

the notice of cancellation or when this

policy is returned to us, we will refund it

within 15 working days after the date

cancellation takes effect.

D. Nonrenewal

We may elect not to renew this policy. However,

we will not nonrenew this policy:

On the basis of property insurance claims

that are the result of an Act of God, unless

we can demonstrate, by claims frequency or

otherwise, that the “insured” has failed to

take action reasonably necessary as

requested by us to prevent recurrence of

damage to the insured property; or

On the basis of filing claims for sinkhole loss

However, we may elect not to renew the

policy if:

a. The total of such payments equals or

exceeds the policy limits of coverage for

property damage to the covered building,

for the policy in effect on the date of loss,

as set forth in the Declarations; or

b. You have failed to repair the structure in

accordance with the engineering

recommendations upon which any loss

payment or policy proceeds were based.

On the basis of a single claim on a property

insurance policy which is the result of water

damage unless we can demonstrate that the

“insured” has failed to take action reasonably

requested by us to prevent a future similar

occurrence of damage to the insured

property;

Page 27 of 284. On the basis of credit information available in

public records; or

On the basis of the lawful use, possession, or

ownership of a firearm or ammunition by an

“insured” or household member of an

“insured”.

We shall provide the first named “insured” a

written nonrenewal notice, together with the

specific reasons for nonrenewal, at least 120

days before the date nonrenewal takes effect.

Proof of mailing will be sufficient proof of notice.

E. Assignment

Assignment of this policy will not be valid unless

we give our written consent.

F. Our Right To Recover Payment

If we make a payment under this policy and

the person to or for whom payment was

made has a right to recover damages from

another, we shall be subrogated to that right.

That person shall do:

a. Whatever is necessary to enable us to

exercise our rights; and

b. Nothing after loss to prejudice them.

If we make a payment under this policy and

the person to or for whom payment is made

recovers damages from another, that person

shall:

a. Hold in trust for us the proceeds of the

recovery; and

b. Reimburse us to the extent of our

payment.

G. Death

If any person named in the Declarations or the

spouse, if a resident of the same household, dies,

the following apply:

We insure the legal representative of the

deceased but only with respect to the

premises and property of the deceased

covered under the policy at the time of death;

and

Causes of Action

COUNT I- DECLARATORY RELIEF

COUNT II - BREACH OF CONTRACT.