Preview
Filing # 141606438 E-Filed 01/07/2022 05:17:19 PM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO.: 502021CA009913XXXXMB
TERRIE COOPER,
Plaintiff,
v.
CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
TATEEAM ANTICS ALATION TA NICAITC? DT ATNTIPEO? COMDT AIN'T TAD TAIT TD
DERIVA OIWUIIUN 1U 19199 DUANE UUW LAINE PUR PAMURE
TO STATE A CAUSE OF ACTION
Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
(hereinafter “CYPRESS” or “Defendant”), by and through its undersigned counsel, and pursuant
to Rules 1,130(), Rule 1.140(b\(6), and Rule 1.120), Fila.R.Civ.P.; hereby files this, its Motion
to Dismiss and in support thereof states as follows:
INTRODUCTION
1. Plaintiff has filed and served a nineteen (19) paragraph Complaint upon Defendant,
which purports to state a cause of action for breach of contract. See Exhibit A attached hereto.
2. Defendant seeks an order dismissing this action, as Plaintiff has failed to state a
valid cause of action because the Complaint fails to allege compliance with Section 627.70152,
Fla. Stat. (2021) and the notice requirement.
3. Further, on December 10, 2021, in response to this Court’s December 1 ,2021
Order, Plaintiff filed a Property Insurance Notice of Intent to Initiate Litigation that fails to satisfy
the clear and unambiguous requirements of Florida Statute §627.70152.
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FL EDIT A4IN7INNN NE-47-40 DNA
Pn. PAL DLA VUUINE TT, PL, VUOL II mDnuecy, ULUIAN, UUrieue. Unt itMEMORANDUM OF LAW
I. FAILURE TO COMPLY WITH THE NOTICE REQUIREMENT OF FLORIDA
STATUTE SECTION 627.70152
4, Section 627.70152, Fla. Stat. (2021), prescribes numerous notice requirements as a
condition precedent to filing a suit under a property insurance policy such as Plaintiff must provide
the Department of Financial Services with written notice of intent to initiate litigation on a form
provided by the department. Such notice must be given at least ten (10) business days before filing
suit under the policy, but may not be given before the insurer has made a determination of coverage
under s. 627.70131. Notice to the insurer must be provided by the department to the e-mail address
designated by the insurer under s. 624.422. Not only does Plaintiff's Complaint fail to allege
compliance with the aforementioned requirements, it fails to allege compliance with any of the
requirements set forth in section 627.70152.
LAW AND ANALYSIS
Legal Standard on a Motion to Dismiss
4. The question for the court to decide is simply whether, assuming all allegations in
the complaint are true, the plaintiff would be entitled to the relief requested. Sobi v. Fairfield
Resorts, Inc., 846 So.2d 1204, 1206 (Fla. 5th DCA 2003) (citing Provence v. Palm Beach Taverns,
Inc., 676 So.2d 1022, 1024 (Fla. 4th DCA 1996)). When a statute is clear and unambiguous, the
Court must use the plain language and avoid rules of statutory construction. Daniels v. Fla. Dept.
AL TY. ONO O~ VA LY LA PTID MANE Det te Mee a Ne Nt
UJ MEULIN, OFO OV. 2U V1, Ut (Pld. ZUUI). Pallure LU allege, CVE ZeUcrally, COMIP Mace WI a
condition precedent mandates dismissal. See, Southeast Land Developers, Inc. v. All Florida Site
and Utilities, Inc., 28 So. 3d 166, 168 (Fla. 1** DCA 2010) (Failure to allege that conditions
precedent have been met renders a complaint “fatally defective” for failing to state a cause ofaction) and Nguyen v. Roth Realty, Inc., 550 So. 2d 490 (Fla. 5" DCA 1989)(Complaint without
allegations regarding conditions precedent does not state a cause of action).
New Condition Precedent for First Party Property Insurance Actions
5. The Florida Legislature passed SB 76 during the 2021 Legislative Session. The
bill, entitled “An act relating to residential property insurance”, created Section 627.70152 of the
Florida Statutes. The bill became effective on July 1, 2021, when the Governor signed the bill and
the new statute applies to suits arising under a property insurance policy filed on or after July 1
2021.' Section 627.70152 now sets forth a statutory scheme that mandates claimants to provide
specific information in their written notice of intent to initiate litigation and failure to provide the
required notice requires the Court to dismiss without prejudice. Additionally, section 627.70152
mandates that the Court may not award the claimant any incurred attorney fees for services rendered
before the dismissal of the lawsuit.
Analogous Laws Are Instructive
6. Currently there is no appellate case law interpreting this new statute. However,
other causes of action have statutory pre-suit notice requirements with abundant appellate case law
interpreting those requirements. One of those pre-suit siaiutory schemes applies io medical
malpractice actions and its pre-suit notice requirements are set forth in section 768.57(2), Florida
Statutes. Among other things, a prospective medical malpractice plaintiff must give a prospective
defendant 90 days to investigate the situation before formal litigation may commence and the
prospective plaintiff must also secure an affidavit from an appropriate expert/doctor saying there
was truly malpractice. Failure of the plaintiff to allege compliance with the medical malpractice
pre-suit requirements will result in a dismissal of the lawsuit. For example, in Nash v. Humana
' Plaintiff filed this action in St. Lucie County Circuit Court on July 8, 2021.Sun Bay Community Hospital, Inc., 526 So. 2d 1036 (Fla. 2d DCA 1988), the court dismissed a
medical malpractice complaint “because it contained no allegation that the appellant had properly
served the notices of intent to initiate litigation”. See also, Pearlstein v. Malunny, 500 So. 2d 585
(Fla. 2d DCA 1986) where trial court appropriately dismissed the “defective complaint” that did
not allege statutory notice requirement.
7. Additionally, a review of appellate case law interpreting Florida’s Personal Injury
Protection (“PIP”) statutory scheme yields similar results. Section 627.736(10), Florida Statutes,
requires an assignee who wants to sue an insurer for medical benefits to first send the insurer a 30-
day notice before filing suit on assigned claims and failure to comply with this pre-suit notice
requirement is fatal. MRI Associates of America, LLC v. State Farm Fire and Casualty Company,
61 So. 3d 462 (Fla. 4'" DCA 2011)(summary judgment ordered to be entered in favor of insurer
where plaintiff's pre-suit demand letter sent prematurely, thus not complying with the statutory
condition precedent). Failure of the plaintiff to allege compliance with the PIP pre-suit
requirements will result in a dismissal of the lawsuit. See Fla. Stat. Sec. 627.736(10) (“As a
condition precedent to filing any action for benefits under this section, written notice of an intent
io initiate litigation musi be provided io the insurer”.)
8. Similarly, section. 770.01, Florida Statutes, prescribes certain pre-suit notice
requirements for libel and slander actions. It states: “Before any civil action is brought for
publication or broadcast, in a newspaper, periodical, or other medium, of a libel or slander, the
plaintiff shall, at least 5 days before instituting such action, serve notice in writing on the
defendant, specifying the article or broadcast and the statements therein which he or she alleges to
be false and defamatory.” Florida law is clear that a plaintiff's failure to comply with this pre-suit
nating ranivamant unll racult in a dicmicoal af the lawenit Cae Edhwavd To Mazalal Tar
Mouce Tequircniehe Wi resuae i a Gisiissa: G1 ue waWoun, GCC, Gawara vw. ivezeien, anc. Vv.Sunbeam Television Corp., 413 So. 2d 51, 56 (Fla. 3rd DCA 1982) (complaint properly dismissed
for failure to state a cause of action because it did not allege compliance with section 770.01, Fla.
Stat.).
Conclusion
9. The same rationale applies here with section 627.70152. Because Plaintiff did not
comply with section 627.70152, the Complaint is therefore legally deficient and should be dismissed.
I. FAILURE TO COMPLY WITH SECTION 627.70152 F.S.
10. Florida Statute 627.70152 provides that:
(3) NOTICE.-
(a) As a condition precedent to filing a suit under a property
insurance policy, a claimant must provide the department with
written notice of intent to initiate litigation on a form provided by
the department. Such notice must be given at least 10 business days
hefore filino cnit under the nalicv. hut mav nat he oiven hefore the
before filing suit under the pol cy, but may not be erven before the
insurer has made a determination of coverage under s. 627.70131.
Notice to the insurer must be provided by the department to the e-
mail address designated by the insurer under s. 624.422. The notice
must state with specificity all of the following information:
1. That the notice is provided pursuant to this section.
2. The alleged acts or omissions of the insurer giving rise to the suit,
which may include a denial of coverage.
3. If provided by an attorney or other representative, that a copy of
the notice was provided to the claimant.
4.If the notice is provided following a denial of coverage, an
estimate of damages, if known.
5. If the notice is provided following acts or omissions by the insurer
other than denial of coverage, both of the following:
a. The presuit settlement demand, which must itemize the damages,
attorney fees, and costs.
b. The disputed amount.
Documentation to support the information provided in this
paragraph may be provided along with the notice to the insurer.(b) A claimant must serve a notice of intent to initiate litigation
within the time limits provided in s. 95.11. However, the notice is
not required if the suit is a counterclaim. Service ofa notice tolls the
time limits provided in s. 95.11 for 10 business days if such time
limits will expire before the end of the 10-day notice period.
11. Inthe instant case, the Plaintiff failed to provide notice of intent to initiate litigation
in compliance with the clear and unambiguous requirements of Section 627.70152(3).
‘WHEREFORE, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
respectfully requests that this Honorable Court enter an order dismissing Plaintiffs Complaint
pursuant to Rule 1.130(a), Rule 1.140(b)(6), and Rule 1.120(), Fla.R.Civ.P, and for any such other
additional or further relief that this Honorable Court may deem just and proper.
CERTIFICATE OF SERVICE
WE HEREBY aH es that a true and correct copy of the foregoing has been furnished
to Giant Gites, Esq. by clectionic ail 6 BptinES@uiepropertyaavocates.com;
pleadings@thepropertyadvocates.com; team 15@thepropertyadvocates.com;
nivanor@thepropertyadvocates.com; this 7 day of January, 2022.
GROELLE & SALMON, P.A.
Attorneys for Defendant
11301 Okeechobee Blvd., Second Floor
Wact Dalm Reach ET 22411
VWYOOt L GML KJCGCy Fy SITLL
(561) 963-5500 / Facsimile: (561) 963-2265
Primary Email: gswcourtdocs@gspalaw.com
Email: tgroelle@gspalaw.com
/s/ Tyler R. Groelle
By:
TY FROEFT LE, ESQUIRE
Fla. Bar No.: 1015859
40347ERYVUIRITT “ A an
LALLIDILwe" CASE NUMBER: 502021CA009913XXXXMB Div: Al ****
Filing # 132997315 E-Filed 08/19/2021 10:42:07 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO:
TERRIE COOPER,
Plaintiff,
vs.
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY,
Defendant.
COMPLAINT )
COMES NOW the Plaintiff, TERRIE COOPER, Rint ‘Plaintiff’) by and through
their undersigned counsel, and sues the Defendant ESS PROPERTY & CASUALTY
INSURANCE COMPANY, and alleges as oy
canner SEEGATIONS
1. This is an action fo’ amages greater than the sum of THIRTY THOUSAND
DOLLARS ($30,000.00), exelfsive ofinterest, costs, and attorney’s fees, and otherwise within the
inviodiatinnal limite af thie Cn
JunsaicuGnar unis G1 uns Cour
2. Ateall NEY hereto, Defendant, CYPRESS PROPERTY & CASUALTY
INSURANC) COMPANY, is a Florida corporation authorized and doing business in PALM
peace ou FLORIDA.
SS At all times material hereto, Plaintiff, TERRIE COOPER, owns the property
insured by Defendant and located at 869 ORCHID DRIVE, ROYAL PALM BEACH, FLORIDA
33411, PALM BEACH COUNTY, FLORIDA, (hereinafter referred to as “Subject Property”).
CU CN. DAIRADECARU AAIIAITY CI INeCDU ADDIIVZA AL CDY naMmainnnes 40.40.07 ANA
Hn. PAL DLA VUUINE TT, FL, vUOL II mDnuecy, ULUIAN, vUorioieue! tu.te.ur mii4. Venue is proper in PALM BEACH County, Florida pursuant to Section 47.011,
Florida Statutes, because the cause of action upon which these allegations are based accrued in
PALM BEACH County, Florida, and the property at issue is located in PALM BEACH County,
Florida.
5. On September 10, 2017, Plaintiff was insured at the time of loss under Défendant’s
insurance policy number FYR 1302011 05 81, (hereinafter referred to as osubjesutio WA true
and correct copy of the insurance policy is attached hereto as Exhibit “A”.
6. Plaintiff paid all insurance premiums, performed all er conditions, and
performed all conditions precedent. In the alternative, all ea have been waived.
7. On or about September 10, 2017, Plaintiff, (fered ¥loss due to Hurricane Irma, a
covered peril under the Subject Policy. The damagegistihed includes, but is not limited to, the
roof of the Subject Property, (hereinafter refegay ‘¥Loss”).
8. Defendant acknowledgegerSed dot the Loss by assigning Plaintiff with claim
number CFL200094885 and subseqtentls pgssigning an insurance adjuster to adjust the Loss.
9. Plaintiff progGyien prior to the filing of this instant action, with a damage
estimate for a covered loss.
10. Detndin or given timely notice of the loss and investigated the claim, including
but not limjted-to, tyspecting and estimating the damage at the Subject Property. Defendant was
not pgeitieeasi its investigation.
\ Defendant acknowledged coverage of the loss by payment of insurance proceeds to
Plaintiff, however, rejected the total amount of damages. Nevertheless, after a diligent inspection
of the covered Loss, it was obvious that the Subject Property sustained damage greater than the
damanas anlnarladaad hi Dafandant
Uailages atxnuwicugeu Uy Ueienuarnt.COUNT I - BREACH OF CONTRACT
12. Plaintiffs reaver, readopt and reallege the allegations contained in Paragraphs 1
through 11 of this Complaint, and as a first cause of action, would further allege:
13. The Subject Policy provides coverage for direct physical loss to WE Rais
property due to Hurricane Irma mentioned herein.
14. On or about September 10, 2017, Plaintiff sustained GN for a covered
loss under the Defendant’s policy of insurance.
15. Plaintiff demanded Defendant honor its xen and pay for the
unpaid damages to the insured Subject Property. &
16. As a result of Defendant’s re Oo tract, Plaintiff sustained damage to the
insured property. SY
17. Plaintiff sustained datkaddssto the insured Subject Property as a result of
Defendant’s breach of contract,
18. Plaintiff has fultthephad to retain the undersigned attorney and agreed to pay him
a reasonable fee for whipjtie Defendant is liable under Section 627.428, Florida Statutes.
19. & Statute 627.428(1) states:
insurer and in favor of any named ¢ or omnibus insured or the named beneficiary
( Upon the rendition of a judgment or decree by any of the courts of this state against
Seen unaer a poucy or contract executed by ine insurer, nie trai court or, i tie évelit
\Y of an appeal in which the insured or beneficiary prevails, the appellate court shall
adjudge or decree against the insurer and in favor of the insured or beneficiary a
reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney
prosecuting the suit in which the recovery is had.
WHEREFORE, Plaintiff demands judgment against Defendant, plus costs, prejudgment
interest and attorney’s fees pursuant to Section 627.428, Florida Statutes.DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues so triable.
DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516
Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice
of designation of email address for the purpose of service of all documents required to He served
in this proceeding: pleadings@thepropertyadvocates.com: team15@thepropertyadvocates.com.
DATED this August 19, 2021. ( :
©
a
©
Nv
Respectfully nonin Q
THE PROPERTYAD ‘OATES, P.A.
Attorneys for Lanes
255 South ane Avenue, Suite 750
Orlando, ridd32801
Talat AON AIA LON
LEIEPHOUE: (9417) £94-D0U
Fagsithilé G21) 256- -5367
hy -Service: pleadings@thepropertyadvocates.com
‘Eniail’ gorimes@thepropertyadvocates.com
eo E-Service: team15@thepropertyadvocates.com
SF
‘Email: nivanor@thepropertyadvocates.com
By: 4/ GRANT 4, GRIMES
GRANT A. GRIMES, ESQUIRE
FLORIDA BAR NO.: 124709
NESTOR M. IVANOR, ESQUIRE
FLORIDA BAR NO.: 1003018HOMEOWNERS DECLARATION
LICY PERIO!
“Chiress POLICY NUMBER eee BD
FYR 1302011 05 81 10/19/2016 10/19/2017
INSURERS COMPANY 12:04 AM. Standard Time at the described location
P.O. BOX 44221 JACKSONVILLE, FL 32231-4221 1-87.
RENEWAL DECLARATION Effective: 10/19/2016 Date Issued: 08/21/2016
_ INSURED: _ : z ee 3
TERRIE COOPER FIRST CHOICE INS INTERMED INC
AND WAYNE JOHNSON 814 AIAN STE 206
869 ORCHID DR PONTE VEDRA BEACH FL 32082-3269
ROYAL PALM BEACH FL 33411-3454
Telephone: §61-791-3872 Telephone: 866-821-9572 ar
The residence premises covered by this policy is located at the above insured address unless otherwise stated,téla:
869 ORCHID DR ROYAL PALM BEACH FL. 334%4-3454
IF PAYMENT IS NOT RECEIVED ON OR BEFORE THE POLICY RENEWAL EFFECTIVE DATE. xy
THIS POLICY WILL NOT BE IN FORCE.
Coverage is provided where premium and limit of liability is shown.
Flood coverage is not provided by Cypress Property & Casualty Insurance Company
and is not a part of this policy. =
SECTION | COVERAGE LIMIT OF LIABILITY PREMIUMS
A, DWELLING
$ 161,300.00 $ 3,690.00
B. OTHER STRUCTURES $ 16,130.00
C, PERSONAL PROPERTY $ 80,650.00 INCLUDED
D. LOSS OF USE $ 16,130.09, SS INCLUDED
$
$
SECTION I] COVERAGE ho
300, 00p".00 $ 30.00
&. PERSONAL LIABILITY
F, MEDICAL PAYMENTS 1,9 6 INCLUDED
optional coveRaces aN
OPTIONAL cov s S Y
Sub-Limit - Fungi,Rot,Bacteria $25, 0067359, 006 $ 60.00
MAN-ORDINANCE OR LAW INCREASE 254 INCLUDED
PERS PROP REPL COST $ 554.00
SINKHOLE COVERAGE $ 17.00
TOTAL POLICY PREMIUM, ASSESSMENTS, FEES, AND ALL SURCHARGES: $ 4,378.00
PREMIUM CHANGE,DUEITO RATE CHANGE: $ 163.00
PREMIUM CHANGE.DUE TO COVERAGE CHANGE: NONE
PLEASE CONTACT. YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY.
FORMS AND ENDORSEMENTS
*CPC HO 405(12/12) *CPC RNWL (07/15) COUNTERSIGNED DATE 8/21/2016
*CPC-HO130E(02/16) *“CPC-HO130F (07/16) TL ee
*CPC-103 (09/09) *CPC-107 (12/12) Mm Ebx
*CPC-127 (09/09) *CPC-159 (01/13) BY AA AS
Continued on Forms Schedule
ADDITIONAL INTERESTS
MORTGAGEE
0010160331
JP MORGAN CHASE BANK NA
ISAOA/ATIMA
PO BOX 47020
ATLANTA GA 30362-0020
INSURED'S COPY PAGE 1 OF 4HOMEOWNERS DECLARATION
FERRERS ya a ae aE
POLIGY PERIOD
POLICY NUMBER noe ae
FYR 1302011 05 81 10/19/2016 10/19/2017
4 rd Tir
56
44224 ri ):
10/19/2016
RENEWAL DECLARATION
INSURED; AGENT: 0110139
TERRIE COOPER FIRST CHOICE INS INTERMED INC
AND WAYNE JOHNSON 814 A1A N STE 206
869 ORCHID DR PONTE VEDRA BEACH FL 3208273269
ROYAL PALM BEACH FL 33411-3454 AY
Telephone: 561-791-3872 Telephone: 200-021. 67\\
‘The residence premises covered by this policy is located at the above insured address unless @thewWise slated below:
869 ORCHID DR ROYAL PALM BEACH FL 33411-3454 (C4
All other perils deductible: $ 1,000.0p—>
Hurricane deductible; $ 3,226.00,
Sinkhole deductible: (/A,
SECTION I, SECTION II way PREMIUMS $ 4,351.00
EMERGENCY MANAGEMENTATRUSTI\FUND SURCHARGE $ 2.00
MGA POLICY FEE $ 25.00
gS
YY
Note: The portion of your premium £62 Hirkicane Coverage is $2,589.00
TOTAL POLICY PREMIUM, ARSRSBYENTS , FEES, AND ALL SURCHARGES $ 4,378.00
AN ADJUSTMENT OF 0% IS INCLUDED TOJREFLECT BUILDING GRADE FOR YOUR AREA.
ADJUSTMENTS RANGE FROM 1% SURCHARGE TO 11% CREDIT.
FORM TYPE HO-3 YEAR BUILT 1979 TOWN/ROW HOUSE. N
CONSTRUCT TYPE M SENIOR/RETIREE Y NUMBER OF FAMILIES 1
TERRITORY 038 PROTECTION CLASS 04 OPEN WATER N
USE CODE i ACCRED BUILDER N MUNICIPAL CODE 999
COUNTY CODE 50 PROT DEVICE/BURGLAR N PROT DEVICE/FIRE N
PROT DEV/SPRINKLER yy PROT DEV/SEC COM N WIND/HAIL EXCLUSION N
REPLACEMENT COS, Y OCCUPANCY CODE OWNER ROOF COVER x
ROOF DECK x ROOF/WALL CONNECT x OPENING PROTECT N
Y
ROOF sre ASN x SWR N PD CLAIM SURCHARGE
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT
OF POCKET EXPENSES TO YOU.
THIS POLICY CONTAINS A CO-PAY PROVISION THAT MAY
RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU.
INSURED'S COPY PAGE 2 OF 4HOMEOWNERS DECLARATION
‘Ceres POLICY NUMBER -EOEICY EERIOD:
10/19/2017
FYR 1302011 05 81 10/19/2016
RSET 12.01 AM, Standard Tine atthe descibed location
P.O. BOX 44221 JACKSONVILLE, FL 32231-4221 1-877-560-5224 (FOR ALL INQUIRIES)
RENEWAL DECLARATION Effective: 10/19/2016 Date Issued: 08/21/2016
TERRIE COOPER FIRST CHOICE INS INTERMED ING
AND WAYNE JOHNSON 814 A1AN STE 206
869 ORCHID DR PONTE VEDRA BEACH FL 32082-3269
ROYAL PALM BEACH FL 33411-3454
Telephone: 561-791-3872 Telephone: 866-821-9572 a>
The residence premises covered by this policy is located at the above insured address unless otherwise stated'belov:
869 ORCHID DR: ROYAL PALM BEACH £1, 33444-3454
4
LAW AND ORDINANCE COVERAGE IS ANXIMPORTANT
COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU MAY
ALSO NEED TO CONSIDER THE PLIRCHASE OF FLOON
INSURANCE FROM THE NATIONAL <€LOOD | INSURANCE
PROGRAM. WITHOUT THIS COVERAGEY YOU MAY HAVE
UNCOVERED - LOSSES. PLEASE? DISCUSS THESE
COVERAGES WITH YOUR INSURANCE» GENT.
Coinsurance Contract: The rate charaéa AS. policy is based upon the use of
the coinsurance clause attached to this polity, with the consent of the insured.
or
Y
i
Nv
INSURED'S COPY PAGE 3 OF 4Policy Number = policy Period To.
FYR 1302011 05 81 10/19/2016 40/19/2017
12:01 AM, Standard Time at the described location)
FORMS SCHEDULE
(continued from page 1)
*CPC-302 (02/16) CPC-305 (12/12) CPC-309 (11/04) CPC-320 (09/08) CPG-325 (09/09)
C4808 (02/10)
CPC-345 (iziizZ) FCPC-388 (12/12) «i
4)
~
*CPC-372 (02/16) CPC-392 (02/12) CPC-404 (12/13) “CPC360 (02/16) HO:0003 (10/00)
HO-0496 (10/00) *HO-0648 (10/15) HO-2370 (07/01) OIRB11655 (02/10) ‘oc Ros (09/09)
FORMSCHD 0300 INSURED'S COPY PAGE 4 OF 4| Avorrsc SE
as Qe
PROPERTY & CASUALTY
INSURANCE COMPANY
Dear Policyholder:
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institutiot directly ¢ | through
its affiliates, from sharing nonpubiic information about you with a non-ajfiliaied third payly-ugiess ihe
institution provides you with a notice of its privacy policies and practices, such as the type-of* information
that it collects about you and the categories of persons or entities to whom it may
Paragraph 3. is replaced by the’éllowing
The limit of liability for this coy erage}will not be
more than the limit shown in\tlesDeclarations
for Coverage B.
Coverage A — Dwelling And?Coverage B - Other
Structures v
The following Special Limit of Liability is added:
The Special Linit’of Liability for "Cosmetic
or Ate ame to floors is $10,000.
LEK Special Limit of Liability applies to
e| erages es A and B A
An ne Thin |
}O-00 UO). THiS Hi
Beg for all property covered under
-oVerage A and Coverage B.
a. It includes the cost of tearing out and
replacing any part of the building or
structure necessary to repair the
damaged flooring.
b. It is subject to the policy deductible.
This Special Limit of Liability does not:
CPC 360 02 16 © Cypress Property & Casualty Insurance Company 2016, includes
S&S
a. Increase the Coverage A or Coverage B
limit shown in the Declarations; or
b. Apply to "Cosmetic or Aesthetic
Damage” to floors which is caused by a
peril insured against as named and
described under Coverage C - Personal
Property.
“Cosmetic or Aesthetic PN includes
but is not limited to:
a. Chips;
b. Scratches;
c. Dents; and/oy
d. Any other (frags
to less than gro the total floor surface
area which. doanct prevent tynical use of
the floor.
SECTION SPROPERTY COVERAGES,
E. Ad ifort, ‘cdverages, 9. Glass Or Safety
Glazing: Material’ Paragraph b. (2) is replaced by the
fol) jowing
(2). On the "residence premises" if the dwelling
has been “vacant” for more than 30
consecutive days immediately before the
Y loss, except when the breakage results
directly from earth movement as provided
in a.(2) above. A dwelling which is being
constructed is not considered “vacant”.
(This replaces item 9. in D. Additional Coverages,
in the HO 00 06 Condo Unit-Owners Form.)
(This replaces item 9. in C. Additional Coverages,
in the HO 00 04 Contents Only Form)
eentinn 1 ppAnreTy enveDAece FC
SECTION 1 — FRUroRTY GUOvonnAGce, ©.
Additional Coverages, 11. Ordinance Or Law the
first paragraph of Paragraph a. is replaced by the
following:
a. The percentage for this coverage is stated
in the Declarations. You may use up to this
percentage of the limit of liability that
applies to Coverage A for the increased
costs you incur due to the enforcement of
nea or law which reauiras or
Ce CF IEW Which fequires oF
For HO 00 04, the words “Coverage A” used
above refer to property covered under
Additional Coverage 10. Building Additions and
Alterations.
(This replaces item 10. in D. Additional Coverages,
in the HO 00 06 Condo Unit-Owners Form)
(This replaces item 10. in C. Additional Coverages,
in the HO 00 04 Contents Only Form)
Page 3 of 12
copyrighted material of ISO Properties, Inc. with its permission.CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
SECTION | — PERILS INSURED AGAINST
A. The following is added:
Catastrophic Ground Cover Collapse
1. We insure for direct physical loss to
property covered under Section | - Property
Coverages, Coverage A - Dwelling caused
hy the noril of "atactronhic arqund cover
ny the
collapse"
2. Coverage C - Personal Property applies if
there is a direct physical loss resulting from
a "catastrophic ground cover collapse",
unless the loss is excluded elsewhere in the
policy.
3. Damage consisting merely of the settling or
cracking of a foundation, structure or
“principal building" does Not Consiit
ASSUCHNIC Ground Cover
lite a
loss resulting from a "catastrophic ground
cover collapse".
4. Direct physical loss from "catastrophic
ground cover collapse" does not apply to
the costs to repair the depression or hole,
or to stabilize the land on the insured
premises.
If we at our option repair the “principalAS
building” under Coverage A for direct
physical loss resulting from the perio
“catastrophic ground cover collaps€”>) le
will stabilize the “principal buildigg' ena
in accordance with our professional
engineers recommended rep: KX)
5. This peril does not ape SS. roperty
covered under Coveraje B)~% Other
Structures.
6. This peril does notsigcrease the limit of
liability that applés~to the damaged
property
A. Coverage A -ADwelling And Coverage B —
Other Structures
Paragrapl{ 2.¢:,(5) iS replaced by the following:
(5) Cot etn opfepeated seepage or leakage of
£ ater orthe presence or condensation of
ity, moisture or vapor, over a period
Set months or years unless such
seépage or leakage of water or the
presence or condensation of humidity,
moisture or vapor and the resulting damage
which is:
(a) Unknown to all "insureds"; and
(b) Hidden within the walls or ceilings or
beneath the floors or which is above
the ceilings of a structure
CPC 360 02 16
© Cypress Property & Casualty Insurance Company 2016, includes
However, we do not insure loss while the
dwelling is:
(a) “Vacant” or “unoccupied” for 30 days
or more; or
(b) Being constructed;
unless you have used reasonablé care to
shut off the water sunnly and Hrain the
system and appliances of "waters rSystems
and appliances of water¢do noly include
outdoor swimming pools ‘spas or outdoor
irrigation wells. YY
(This is item 2.c. (5) in the HO 17 52,
Unit-Owner Special Coverage, (A when attached
to the HO 00 06 Condo Unit- Owners Form)
Paragraph 2.c. (6) ( (c) is feplaced by the following:
(c) Smog, rst Oh other corrosion;
For Coverado, ¥ ye. Accidental Discharge Or
Overflow
ervision of any person invalvi NGS! such
vehicle or craft by an “insur
or
(5) Vicarious liability, whether ae im- 5.
posed by law, for the dcfions of a
child or minor involving#uch vehicle
or craft.
b. For the purpose ee
(1) Aircraft mean ‘any contrivance used
or feSigned for flight except model or
bby aircraft not used or designed to
carty people or cargo;
423 ove, craft means a self-propelled mo-
torized ground effect vehicle and in-
Cludes, but is not limited to, flarecraft
and air cushion vehicles;
(3) Watercraft means a craft principally
designed to be propelled on or in wa-
ter by wind, engine power or electric
motor; and
(4) Motor vehicle means a "motor vehi-
cle" as defined in 7. below.
2. “Bodily injury" means bodily harm, sickness
or disease, including required care, loss of
services and death that results.
HO 00 03 10 00 Copyright, Insurance Services
“Business” means:
a. A trade, profession or occupation engaged
in on a full-time, part-time or occasional
basis; or
b. Any other activity engaged in for money
or other compensation, except the follow-
ing:
(1) One or more activitiesZnol described
in (2) through (4) below, ‘forwhich no
"insured" receivesqngyé tha $2,000
in total compensatig for the 12
months beforé the\beginning of the
policy period}
(2)
Volunteér activities for which no mon-
ey is ret ge ived Other than payment for
expensessinctrred to perform the ac-
tivity
a ity;
'3), Providing home day care services for
which no compensation is received,
ther than the mutual exchange of
Y ‘Such services; or
(4) The rendering of home day care serv-
ices to a relative of an "insured".
“Emplovee" means an emplovee of an “in-
sured", or an employee leased to an "insured"
by a labor leasing firm under an agreement
between an “insured” and the labor leasing
firm, whose duties are other than those per-
formed by a "residence employee”.
"Insured" means:
a. You and residents of your household who
are:
(1) Your relatives; or
(2) Other persons under the age of 21
and in the care of any person named
above;
b. A student enrolled in school full time, as
defined by the school, who was a resident
of your household before moving out to
attend school, provided the student is un-
der the age of:
(1) 24 and your relative; or
(2) 21 and in your care or the care of a
person described in a.(1) above; or
c. Under Section Il:
(1) With respect to animals or watercraft
to which this policy applies, any per-
SOn OF Giganization leganly FeSponsio1e
for these animals or watercraft which
are owned by you or any person in-
Hart Forms & Services
Reorder No. 14-H801
Office, Inc., 1999 Page 1 of 22HO 00 03 10 00
cluded in a. or b. above. "Insured"
does not mean a person or organiza-
tion using or having custody of these
animals or watercraft in the course of
any "business" or without consent of
the owner; or
(2) With respect to a "motor vehicle" to
which this policy applies:
(a) Persons while engaged in your
employ or that of any peers in-
alien or, above:
(b) Other persons using the vehicle on
an “insured location" with your
consent.
Under both Sections I and Il, when the word
an immediately precedes the word "insured",
the words an "insured" together mean one or
more "insureds".
insured iocation’ means:
o
a, The "residence premises";
b. The part of other premises, other struc-
tures and grounds used by you as a resi-
dence; and
(1) Which is shown in the i
or
policy period for \ your use as at OY,
peli ay
c. Any premises used by you in ennor
with a premises described jr ang,
above;
d. Any part of a premises; )
(1) Not owned by an “ingure "; and
(2) Where an "insured" is temporarily re-
siding;
e. Vacant land other\than farm land, owned
by or revited to an "insured";
f. Landcauned SY or rented to an "insured"
oO which a one, two, three or four family
Awe gjis being built as a residence for
Keen Ninstired",
\ Individual or family cemetery plots or buri-
‘al vaults of an "insured"; or
h. Any part of a premises occasionally rent-
ed to an "insured" for other than "busi-
ness" use.
7. "Motor vehicle" means:
a. A self-propelled land or amphibious vehi-
cle: or
b. Any trailer or semitrailer which is being
carried on, towed by or hitched for towing
by a vehicle described in a. above.
8. "Occurrence" means an accident, including
continuous or repeated exposure to substan-
tially the same general harmful conditions,
which results, during the policy period, in:
a. "Bodily injury"; or
b. “Property damage".
©
y
destruction of, or ‘loss of use_6f tan
erty.
10. "Residence employee" means;
a. An employee of Go ‘ed", or an em-
ployee leased-to ‘ahwipSured" by a labor
leasing firm under, an agreement between
an “insured\Nand/the labor leasing firm,
whose_ dutiesare related to the main-
tenarfGexOr use of the "residence prem-
igS8\ Sar household or domestic
gvices
A 3) Who performs similar duties else-
SS Ste not related to the “business” of an
Qe
"residence employee" does not include a
temporary employee who is furnished to an
“insured” to substitute tor a permanent “resi-
dence employee" on leave or to meet season-
al or short-term workload conditions.
11."Residence premises" means:
a. The one family dwelling where you reside;
b. The two, three or four family dwelling
where you reside in at least one of the
family units; or
c. That part of any other building where you
reside;
and which is shown as the “residence premi-
ses" in the Declarations.
"Residence premises" also includes other
structures and grounds at that location.
DEDUCTIBLE
Unless otherwise noted in this policy, the following
deductible provision applies:
Subject to the policy limits that apply, we will pay on-
ly that part of the total of all loss payable under Sec-
tion I that exceeds the deductible amount shown in
the Declarations.
SECTION | - PROPERTY COVERAGES
A. Coverage A - Dwelling
Copyright, Insurance Services Office, Inc., 1999 Page 2 of 22
i
|
|
|HO 00 03 10 00
a. The dwelling on the "residence premises
shown in the Declarations, including
srtuctures attached to the dwelling; and
b. Materials and supplies located on or next
to the "residence premises" used to con-
struct, alter or repair the dwelling or other
structures on the "residence premises".
2. We do not cover land, including land on
which the dwelling is located.
B. Coverage B - Other Structures
1. We cover 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.
2. We do not cover:
a. Land, including land on which the other
structures are located;
b. Other structures rented or held for rental
to any person not a tenant of the dwell-
ing, unless used solely as a private ga-
rage;
c. Other structures from which any “busi-
ness" is conducted; or
d. Other structures used to store "business",
pronerty. However, we da cover a struc
ture that contains "business" propéfty,
solely owned by an "insured" or a, tenant
of the dwelling provided that "bdsiness"
7 oN Nan
property does not include gasequs Or lig®
uid fuel, other than fuel in atperm; ingiitly
installed fuel tank of a vehigiéSgp ‘craft
parked or stored in the sfructure.
3. The limit of liability for this coverhge will not
he more than 10% of the limit-of li v that
applies to Coverage’ Use of this coverage
does not reduce the ee A limit of lia-
bility. +
C. Coverage C - Pefsonal Property
1. Covered’Property)
Wego! er pers sonal property owned or used by
“Insuréd" while it is anywhere in the
Kurd Mar a Ines and at unr raninet wa
WorGewancr G@ 1Gse anu Gt your toques, wo
wil
over personal property owned by:
a. Others while the property is on the part of
the "residence premises" occupied by an
“insured”; or
b. A guest or a “residence employee", while
the property is in any residence occupied
by an “insured”.
Limit ror rroperty At Oiner Resiaences
No
Our limit of liability for personal property
usually located at an "insured's" residence,
Copyright, Insurance Services Office, Inc., 1999
other than the "residence premises", is 10%
of the limit of liability for Coverage C, or
$1,000, whichever is greater. However, this
limitation does not apply to personal property:
a, Moved from the "residence premises" be-
cause it is being repaired, renovated or re-
built and is not fit to live in or store prop-
erty in; or
b. In a newly acquired principal residence for
30 days from the time you bi gin to move
tha nranarty thara 7
me property there.
Special Limits Of Liability
The special limit for each‘Category shown be-
low is the total limit foreach Idss for all prop-
erty in that category(\ These special limits do
not increase the Coverage C/limit of liability.
SES
a. $200 on money, bank notes, bullion, gold
other than goldware, silver other than silv-
pau ower Wai piauiiii
ware) coins, medals, scrip, stored value
cards:and smart cards.
qo on securities, accounts, deeds,
vidences of debt, letters of credit, notes
stamps. This dollar limit applies to these
f the medium (such
oliware) on which
\ ater than bank notes, manuscripts, per-
Nsonal records, passports, tickets and
the material exists.
This limit includes the cost to research,
replace or restore the information from the
lost or damaged material.
c. $1,500 on watercraft of all types, includ-
ing their trailers, furnishings, equipment
and outboard engines or motors.
d. $7,500 on traiiers or semitraiiers not used
with watercraft of all types.
e. $1,500 for loss by theft of jewelry,
watches, furs, precious and semiprecious
stones.
f. $2,500 for loss by theft of firearms and
related equipment.
g- $2,500 for loss by theft of silverware,
silver-plated ware, goldware, gold-plated
ware, platinumware, platinum-plated ware
and pewterware. This includes flatware,
hollowware, tea sets, trays and trophies
made of or including silver, gold or pew-
ter.
h. $2,500 on property, on the "residence
premises", used primarily for “business"
purposes.
i. $500 on property, away from the "resi-
dence premises", used primarily for "busi-
ness" purposes. However, this limit does
Page 3 of 22HO 00 03 10 00
not apply to loss to electronic apparatus
and other property described in Categories
j. and k. below.
j. $1,500 on electronic apparatus and ac-
cessories, while in or upon a "motor vehi-
cle", but only if the apparatus is equipped
to be operated by power from the "motor
vehicle's" electrical system while still cap-
able of being operated by other power
sources.
wires, records, discs or other media that
can be used with any apparatus described
in this Category j.
k. $1,500 on electronic apparatus and ac-
cessories used primarily for "business"
while away from the "residence premises"
and not in or upon a “motor vehicle". The
apparatus must be equipped to be oper.
ated Dy power i7oin tne "Motor Venicie’s"
electrical system while still capable of be-
ing operated by other power sources.
Accessories include antennas, tapes,
wires, records, discs or other media that
can be used with any apparatus described
in this Category k.
4. Property Not Covered
We do not cover:
a. Articles separately described and
cally insured, regardless of th foto
which they are insured, in this, other in
surance;
Animals, birds or fish;
“Motor vehicles".
(a) Their acces: aries, equipment and
parts; or
(b) Electronic apparatus and acces-
SorieSdesigned to be operated
Solely by power from the electrical
system of the “motor vehicle".
A ‘ccessories include antennas,
tapes, wires, records, discs or
\ other media that can be used with
any apparatus described above.
The exclusion of property described in
(a) and (b) above applies only while
such property is in or upon the "motor
vehicle".
(2) We do cover "motor vehicles" not re-
quired to be registered for use on pub-
lic roads or properiy which are:
Copyright, Insurance Services Office, Inc., 1999
(a) Used solely to service an "“in-
sured's" residence; or
(b) Designed to assist the handi-
capped;
d. Aircraft meaning any contrivance used or
designed for flight including any parts
whether or not attached to the aircraft.
We do cover model or hobby aircraft not
used or designed to carry people or cargo;
e. Hovercrait and paris. Hovereratt means a
self-propelled motorized gfound, effect ve-
hicle and includes, buttispnot limited to,
flarecraft and air cushion Vehicles;
f. Property of rooners, boarders and other
tenants, except pro} perv of roomers and
boarders me fo. oe "insured";
g- Property in an apartment regularly rented
or for Yental fo others hy an "
sure A eXcept 2 as provided in E. 40. Land-
lord 's\Rurpishings under Section I -~ Prop-
ty oyptages;
A rented or held for rental to others
of fti residence premises";
"Business" data, including such data
xO stored in:
x TAY Danke af anconnt deawinas ar other
(ty SCOKS SF acces
paper records; or
Mw, Grawings Cr Cuer
(2) Computers and related equipment.
We do cover the cost of blank recording
or storage media, and of prerecorded
computer programs available on the retail
market;
j. Credit cards, electronic fund transfer
CaiOS OF ACCESS GSVIGES USE Solely TOF
deposit, withdrawal or transfer of funds
except as provided in E.6. Credit Card,
Electronic Fund Transfer Card Or Access
Device, Forgery And Counterfeit Money
under Section | - Property Coverages; or
k. Water or steam.
D. eeree: Or Loss Of Use
ity for Coverage D Is the totai
limit for the coverages in 1. Additional Living Ex-
pense, 2. Fair Rental Value and 3. Civil Authority
Prohibits Use below.
1. Additional Living Expense
If a loss covered under Section | makes that
part of the "residence premises" where you
reside not fit to live i in, we cover any neces-
you so that your household can maintain its
normal standard of living.
Page 4 of 22HO 00 03 10 00
Payment will be for the shortest time required
to repair or replace the damage or, if you per-
manently relocate, the shortest time required
for your household to settle elsewhere.
XN
Fair Rental Value
If a loss covered under Section | makes that
part of the "residence premises" rented to
others or held for rental by you not fit to live
in, we cover the fair rental value of such
premises less any expenses that do not con-
mniant fit tn Thun tn
Payment will be for the shortest time required
to repair or replace such premises.
3. Civil Authority Prohibits Use
If a civil authority prohibits you from use of
the “residence premises" as a result of direct
damage to neighboring premises by a Peril In-
sured Against, we cover t the loss as provided
ii 1. Auaitional Living Expense ana 2. Fair
Rental Value above for no more than two
weeks,
4. Loss Or Expense Not Covered
We do not cover loss or expense due to can-
cellation of a lease or agreement.
The periods of time under 1. Additional Living Ex-
pense, 2. Fair Rental Value and 3. Civil AuthorityS
Prohibits Use above are not limited by expira NS”
of this policy.
Additional Coverages
1. Debris Removal
a. We will pay your conoid for
the removal of: \"
(4) Debris of bhai Rtonerly if a Peril
t thaisanniine tn. tha
tinat appnes tO ine
damaged see rty.causes the loss; or
(2) Ash, dust or \aikos from a volcanic
eruptio' that haS caused direct loss to
a bGildiig or property contained in a
uilding.
Inctirad Ae
rie expense is included in the limit of lia-
bilitythat applies to the damaged proper-
A—ty> If the amount to be paid for the actual
damage to the property plus the debris re-
tmoval expense is more than the limit of li-
ability for the damaged property, an addi-
tional 5% of that limit is available for such
expense.
b. Wewill also pay your reasonable expense,
up to $1,000, for the removal from the
“residence premises" of:
(i) Your ireeis) felled by the peri of
Windstorm or Hail or Weight of Ice,
Snow or Sleet; or
DS a Repairs
ey We will pay the reasonable cost incurred
Copyright, Insurance Services Office, Inc., 1999
(2) A neighbor's tree(s) felled by a Peril
Insured Against under Coverage C;
provided the tree(s):
(3) Damage(s) a covered structure; or
(4) Does not damage a covered structure,
but:
(a) Block(s) a driveway on the "resi-
dence premises" which prevent(s)
a “motor vehicle", that is regis-
on pint aus GF
property, from eptGiing py leaving
the "residence pfemises"
Block(s) a ,rampNorother fixture
designed fo assist a handicapped
person,to Lier} ‘or leave the dwell-
ing bGil ing:
The $1 ood singitj’ the most we will pay
in anv. one Rss Teaardless of the number
of fallen Fees, No more than $500 of this
liggftywill ‘Be paid for the removal of any
BINS
‘s eS pBverage is additional insurance.
(b)
by you for the necessary measures taken
solely to nrotect covered nronerty th
damaged by a Peril Insured Against from
further damage.
b. If the measures taken involve repair to
other damaged property, we will only pay
if that property is covered under this poli-
cy and the damage is caused by a Peril In-
sured Against. This coverage does not:
(1) Increase the limit of liability that ap-
plies to the covered property; or
(2) Relieve you of your duties, in case of
a loss to covered property, described
in B.4. under Section | - Conditions.
3. Trees, Shrubs And Other Plants
We cover trees, shrubs, plants or lawns, on
the "residence premises", for loss caused by
the following Perils Insured Against:
Fire or Lightning;
Explosion;
Riot or Civil Commotion;
Aircraft;
Vehicles not owned or operated by a resi-
dent of the "residence premises";
pao oD
~
Vandalism or Malicious Mischief; or
g. Theft.
Page 5 of 22HO 00 03 10 00
We will pay up to 5% of the limit of liability
that applies to the dwelling for all trees,
shrubs, plants or lawns. No more than $500
of this limit will be paid for any one tree,
shrub or plant. We do not cover property
grown for "business" purposes.
This coverage is additional insurance.
Fire Department Service Charge
We will pay up to $500 for your liability as-
sumed by contract or agreement for fire de-
partment charges incurred when the fire de-
partment is called to save or protect covered
property from a Peril Insured Against. We do
not cover fire department service charges if
the property is located within the limits of the
city, municipality or protection district furnish-
ing the fire department response.
This coverage is additional insurance. No de-
ductible applies to this coverade.
Property Removed
We insure covered property against direct loss
from any cause while being removed from a
premises endangered by a Peril Insured
Against and for no more than 30 days while
removed.
This coverage does not change the limit of ia \N
1) that annliae ta the nranarty
nat io ine property
mi
SPENSS prep: re)
ed. LY”
D>,
. Credit Card, Electronic Fund Transfer,Card Or
Access Device, Forgery And Count
ey
a. We will pay up to $500 for
(1) The legal obligation of an jirfsured" to
pay, because of the\thety r aren
a use OF
registered in
(2) Loss reguitingy rom theft or unauthor-
ized uSe of an €lectronic fund transfer
care ‘dNaccess device used for de-
posit, withdrawal or transfer of funds,
issdled to or registered in an "in-
Ass ‘s" name;
ABN Loss to an "insured" caused by for-
~Gery or alteration of any check or ne-
gotiable instrument; and
(4) Loss to an "insured" through accept-
ance in good faith of counterfeit
United States or Canadian paper cur-
rency.
All loss resulting from a series of acts
committed by any one person or in which
any one person is concerned or impiicated
is considered to be one loss,
Copyright, Insurance Services Office, Inc., 1999
This coverage is additional insurance. No
deductible applies to this coverage.
b. We do not cover:
(1) Use of a credit card, electronic fund
transfer card or access device:
(a) By a resident of your household;
(b) By a person who has been en-
trusted with either type of card or
access device; or
(c) If an "insured" hash complied
with all terms aridycond} dns un-
der which thi Ens are‘issued or
SS
the wing fat Snr ; or
(2) Loss arising Out ofyjbusiness" use or
dishonestyoFaninsured".
c. If the covetage in) a. above applies, the
following defetise*provisions also apply:
(1) LmerRay investigate and settle any
Clai air for suit that we decide is appro-
ares Our duty to defend a claim or
it’ ends when the amount we pay
fOr the loss equals our limit of liability.
sured" for liability under a.(1) or (2)
above, we will provide a defense at
Aur avnanse hu aauneal af aur chaning
Our Expense Cy CoOuNSe! Sf Cur CnSice,
& lf a suit is brought against an “in-
(3
We have the option to defend at our
expense an "insured" or an "in-
sured's" bank against any suit for the
enforcement of payment under a.(3)
above.
7. Loss Assessment
a. We will pay up to $1, 000 for your share
GF 1OSS assessinent Charged dui
policy period against you, as owner or
tenant of the "residence premises", by a
corporation or association of property
owners. The assessment must be made
as a result of direct loss to property,
owned by all members collectively, of the
type that would be covered by this policy
if owned by you, caused by a Peril In-
sured
Preview
Filing # 141606438 E-Filed 01/07/2022 05:17:19 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502021CA009913XXXXMB TERRIE COOPER, Plaintiff, v. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / TATEEAM ANTICS ALATION TA NICAITC? DT ATNTIPEO? COMDT AIN'T TAD TAIT TD DERIVA OIWUIIUN 1U 19199 DUANE UUW LAINE PUR PAMURE TO STATE A CAUSE OF ACTION Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter “CYPRESS” or “Defendant”), by and through its undersigned counsel, and pursuant to Rules 1,130(), Rule 1.140(b\(6), and Rule 1.120), Fila.R.Civ.P.; hereby files this, its Motion to Dismiss and in support thereof states as follows: INTRODUCTION 1. Plaintiff has filed and served a nineteen (19) paragraph Complaint upon Defendant, which purports to state a cause of action for breach of contract. See Exhibit A attached hereto. 2. Defendant seeks an order dismissing this action, as Plaintiff has failed to state a valid cause of action because the Complaint fails to allege compliance with Section 627.70152, Fla. Stat. (2021) and the notice requirement. 3. Further, on December 10, 2021, in response to this Court’s December 1 ,2021 Order, Plaintiff filed a Property Insurance Notice of Intent to Initiate Litigation that fails to satisfy the clear and unambiguous requirements of Florida Statute §627.70152. CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FL EDIT A4IN7INNN NE-47-40 DNA Pn. PAL DLA VUUINE TT, PL, VUOL II mDnuecy, ULUIAN, UUrieue. Unt itMEMORANDUM OF LAW I. FAILURE TO COMPLY WITH THE NOTICE REQUIREMENT OF FLORIDA STATUTE SECTION 627.70152 4, Section 627.70152, Fla. Stat. (2021), prescribes numerous notice requirements as a condition precedent to filing a suit under a property insurance policy such as Plaintiff must provide the Department of Financial Services with written notice of intent to initiate litigation on a form provided by the department. Such notice must be given at least ten (10) business days before filing suit under the policy, but may not be given before the insurer has made a determination of coverage under s. 627.70131. Notice to the insurer must be provided by the department to the e-mail address designated by the insurer under s. 624.422. Not only does Plaintiff's Complaint fail to allege compliance with the aforementioned requirements, it fails to allege compliance with any of the requirements set forth in section 627.70152. LAW AND ANALYSIS Legal Standard on a Motion to Dismiss 4. The question for the court to decide is simply whether, assuming all allegations in the complaint are true, the plaintiff would be entitled to the relief requested. Sobi v. Fairfield Resorts, Inc., 846 So.2d 1204, 1206 (Fla. 5th DCA 2003) (citing Provence v. Palm Beach Taverns, Inc., 676 So.2d 1022, 1024 (Fla. 4th DCA 1996)). When a statute is clear and unambiguous, the Court must use the plain language and avoid rules of statutory construction. Daniels v. Fla. Dept. AL TY. ONO O~ VA LY LA PTID MANE Det te Mee a Ne Nt UJ MEULIN, OFO OV. 2U V1, Ut (Pld. ZUUI). Pallure LU allege, CVE ZeUcrally, COMIP Mace WI a condition precedent mandates dismissal. See, Southeast Land Developers, Inc. v. All Florida Site and Utilities, Inc., 28 So. 3d 166, 168 (Fla. 1** DCA 2010) (Failure to allege that conditions precedent have been met renders a complaint “fatally defective” for failing to state a cause ofaction) and Nguyen v. Roth Realty, Inc., 550 So. 2d 490 (Fla. 5" DCA 1989)(Complaint without allegations regarding conditions precedent does not state a cause of action). New Condition Precedent for First Party Property Insurance Actions 5. The Florida Legislature passed SB 76 during the 2021 Legislative Session. The bill, entitled “An act relating to residential property insurance”, created Section 627.70152 of the Florida Statutes. The bill became effective on July 1, 2021, when the Governor signed the bill and the new statute applies to suits arising under a property insurance policy filed on or after July 1 2021.' Section 627.70152 now sets forth a statutory scheme that mandates claimants to provide specific information in their written notice of intent to initiate litigation and failure to provide the required notice requires the Court to dismiss without prejudice. Additionally, section 627.70152 mandates that the Court may not award the claimant any incurred attorney fees for services rendered before the dismissal of the lawsuit. Analogous Laws Are Instructive 6. Currently there is no appellate case law interpreting this new statute. However, other causes of action have statutory pre-suit notice requirements with abundant appellate case law interpreting those requirements. One of those pre-suit siaiutory schemes applies io medical malpractice actions and its pre-suit notice requirements are set forth in section 768.57(2), Florida Statutes. Among other things, a prospective medical malpractice plaintiff must give a prospective defendant 90 days to investigate the situation before formal litigation may commence and the prospective plaintiff must also secure an affidavit from an appropriate expert/doctor saying there was truly malpractice. Failure of the plaintiff to allege compliance with the medical malpractice pre-suit requirements will result in a dismissal of the lawsuit. For example, in Nash v. Humana ' Plaintiff filed this action in St. Lucie County Circuit Court on July 8, 2021.Sun Bay Community Hospital, Inc., 526 So. 2d 1036 (Fla. 2d DCA 1988), the court dismissed a medical malpractice complaint “because it contained no allegation that the appellant had properly served the notices of intent to initiate litigation”. See also, Pearlstein v. Malunny, 500 So. 2d 585 (Fla. 2d DCA 1986) where trial court appropriately dismissed the “defective complaint” that did not allege statutory notice requirement. 7. Additionally, a review of appellate case law interpreting Florida’s Personal Injury Protection (“PIP”) statutory scheme yields similar results. Section 627.736(10), Florida Statutes, requires an assignee who wants to sue an insurer for medical benefits to first send the insurer a 30- day notice before filing suit on assigned claims and failure to comply with this pre-suit notice requirement is fatal. MRI Associates of America, LLC v. State Farm Fire and Casualty Company, 61 So. 3d 462 (Fla. 4'" DCA 2011)(summary judgment ordered to be entered in favor of insurer where plaintiff's pre-suit demand letter sent prematurely, thus not complying with the statutory condition precedent). Failure of the plaintiff to allege compliance with the PIP pre-suit requirements will result in a dismissal of the lawsuit. See Fla. Stat. Sec. 627.736(10) (“As a condition precedent to filing any action for benefits under this section, written notice of an intent io initiate litigation musi be provided io the insurer”.) 8. Similarly, section. 770.01, Florida Statutes, prescribes certain pre-suit notice requirements for libel and slander actions. It states: “Before any civil action is brought for publication or broadcast, in a newspaper, periodical, or other medium, of a libel or slander, the plaintiff shall, at least 5 days before instituting such action, serve notice in writing on the defendant, specifying the article or broadcast and the statements therein which he or she alleges to be false and defamatory.” Florida law is clear that a plaintiff's failure to comply with this pre-suit nating ranivamant unll racult in a dicmicoal af the lawenit Cae Edhwavd To Mazalal Tar Mouce Tequircniehe Wi resuae i a Gisiissa: G1 ue waWoun, GCC, Gawara vw. ivezeien, anc. Vv.Sunbeam Television Corp., 413 So. 2d 51, 56 (Fla. 3rd DCA 1982) (complaint properly dismissed for failure to state a cause of action because it did not allege compliance with section 770.01, Fla. Stat.). Conclusion 9. The same rationale applies here with section 627.70152. Because Plaintiff did not comply with section 627.70152, the Complaint is therefore legally deficient and should be dismissed. I. FAILURE TO COMPLY WITH SECTION 627.70152 F.S. 10. Florida Statute 627.70152 provides that: (3) NOTICE.- (a) As a condition precedent to filing a suit under a property insurance policy, a claimant must provide the department with written notice of intent to initiate litigation on a form provided by the department. Such notice must be given at least 10 business days hefore filino cnit under the nalicv. hut mav nat he oiven hefore the before filing suit under the pol cy, but may not be erven before the insurer has made a determination of coverage under s. 627.70131. Notice to the insurer must be provided by the department to the e- mail address designated by the insurer under s. 624.422. The notice must state with specificity all of the following information: 1. That the notice is provided pursuant to this section. 2. The alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage. 3. If provided by an attorney or other representative, that a copy of the notice was provided to the claimant. 4.If the notice is provided following a denial of coverage, an estimate of damages, if known. 5. If the notice is provided following acts or omissions by the insurer other than denial of coverage, both of the following: a. The presuit settlement demand, which must itemize the damages, attorney fees, and costs. b. The disputed amount. Documentation to support the information provided in this paragraph may be provided along with the notice to the insurer.(b) A claimant must serve a notice of intent to initiate litigation within the time limits provided in s. 95.11. However, the notice is not required if the suit is a counterclaim. Service ofa notice tolls the time limits provided in s. 95.11 for 10 business days if such time limits will expire before the end of the 10-day notice period. 11. Inthe instant case, the Plaintiff failed to provide notice of intent to initiate litigation in compliance with the clear and unambiguous requirements of Section 627.70152(3). ‘WHEREFORE, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY respectfully requests that this Honorable Court enter an order dismissing Plaintiffs Complaint pursuant to Rule 1.130(a), Rule 1.140(b)(6), and Rule 1.120(), Fla.R.Civ.P, and for any such other additional or further relief that this Honorable Court may deem just and proper. CERTIFICATE OF SERVICE WE HEREBY aH es that a true and correct copy of the foregoing has been furnished to Giant Gites, Esq. by clectionic ail 6 BptinES@uiepropertyaavocates.com; pleadings@thepropertyadvocates.com; team 15@thepropertyadvocates.com; nivanor@thepropertyadvocates.com; this 7 day of January, 2022. GROELLE & SALMON, P.A. Attorneys for Defendant 11301 Okeechobee Blvd., Second Floor Wact Dalm Reach ET 22411 VWYOOt L GML KJCGCy Fy SITLL (561) 963-5500 / Facsimile: (561) 963-2265 Primary Email: gswcourtdocs@gspalaw.com Email: tgroelle@gspalaw.com /s/ Tyler R. Groelle By: TY FROEFT LE, ESQUIRE Fla. Bar No.: 1015859 40347ERYVUIRITT “ A an LALLIDILwe" CASE NUMBER: 502021CA009913XXXXMB Div: Al **** Filing # 132997315 E-Filed 08/19/2021 10:42:07 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO: TERRIE COOPER, Plaintiff, vs. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. COMPLAINT ) COMES NOW the Plaintiff, TERRIE COOPER, Rint ‘Plaintiff’) by and through their undersigned counsel, and sues the Defendant ESS PROPERTY & CASUALTY INSURANCE COMPANY, and alleges as oy canner SEEGATIONS 1. This is an action fo’ amages greater than the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exelfsive ofinterest, costs, and attorney’s fees, and otherwise within the inviodiatinnal limite af thie Cn JunsaicuGnar unis G1 uns Cour 2. Ateall NEY hereto, Defendant, CYPRESS PROPERTY & CASUALTY INSURANC) COMPANY, is a Florida corporation authorized and doing business in PALM peace ou FLORIDA. SS At all times material hereto, Plaintiff, TERRIE COOPER, owns the property insured by Defendant and located at 869 ORCHID DRIVE, ROYAL PALM BEACH, FLORIDA 33411, PALM BEACH COUNTY, FLORIDA, (hereinafter referred to as “Subject Property”). CU CN. DAIRADECARU AAIIAITY CI INeCDU ADDIIVZA AL CDY naMmainnnes 40.40.07 ANA Hn. PAL DLA VUUINE TT, FL, vUOL II mDnuecy, ULUIAN, vUorioieue! tu.te.ur mii4. Venue is proper in PALM BEACH County, Florida pursuant to Section 47.011, Florida Statutes, because the cause of action upon which these allegations are based accrued in PALM BEACH County, Florida, and the property at issue is located in PALM BEACH County, Florida. 5. On September 10, 2017, Plaintiff was insured at the time of loss under Défendant’s insurance policy number FYR 1302011 05 81, (hereinafter referred to as osubjesutio WA true and correct copy of the insurance policy is attached hereto as Exhibit “A”. 6. Plaintiff paid all insurance premiums, performed all er conditions, and performed all conditions precedent. In the alternative, all ea have been waived. 7. On or about September 10, 2017, Plaintiff, (fered ¥loss due to Hurricane Irma, a covered peril under the Subject Policy. The damagegistihed includes, but is not limited to, the roof of the Subject Property, (hereinafter refegay ‘¥Loss”). 8. Defendant acknowledgegerSed dot the Loss by assigning Plaintiff with claim number CFL200094885 and subseqtentls pgssigning an insurance adjuster to adjust the Loss. 9. Plaintiff progGyien prior to the filing of this instant action, with a damage estimate for a covered loss. 10. Detndin or given timely notice of the loss and investigated the claim, including but not limjted-to, tyspecting and estimating the damage at the Subject Property. Defendant was not pgeitieeasi its investigation. \ Defendant acknowledged coverage of the loss by payment of insurance proceeds to Plaintiff, however, rejected the total amount of damages. Nevertheless, after a diligent inspection of the covered Loss, it was obvious that the Subject Property sustained damage greater than the damanas anlnarladaad hi Dafandant Uailages atxnuwicugeu Uy Ueienuarnt.COUNT I - BREACH OF CONTRACT 12. Plaintiffs reaver, readopt and reallege the allegations contained in Paragraphs 1 through 11 of this Complaint, and as a first cause of action, would further allege: 13. The Subject Policy provides coverage for direct physical loss to WE Rais property due to Hurricane Irma mentioned herein. 14. On or about September 10, 2017, Plaintiff sustained GN for a covered loss under the Defendant’s policy of insurance. 15. Plaintiff demanded Defendant honor its xen and pay for the unpaid damages to the insured Subject Property. & 16. As a result of Defendant’s re Oo tract, Plaintiff sustained damage to the insured property. SY 17. Plaintiff sustained datkaddssto the insured Subject Property as a result of Defendant’s breach of contract, 18. Plaintiff has fultthephad to retain the undersigned attorney and agreed to pay him a reasonable fee for whipjtie Defendant is liable under Section 627.428, Florida Statutes. 19. & Statute 627.428(1) states: insurer and in favor of any named ¢ or omnibus insured or the named beneficiary ( Upon the rendition of a judgment or decree by any of the courts of this state against Seen unaer a poucy or contract executed by ine insurer, nie trai court or, i tie évelit \Y of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had. WHEREFORE, Plaintiff demands judgment against Defendant, plus costs, prejudgment interest and attorney’s fees pursuant to Section 627.428, Florida Statutes.DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all issues so triable. DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516 Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice of designation of email address for the purpose of service of all documents required to He served in this proceeding: pleadings@thepropertyadvocates.com: team15@thepropertyadvocates.com. DATED this August 19, 2021. ( : © a © Nv Respectfully nonin Q THE PROPERTYAD ‘OATES, P.A. Attorneys for Lanes 255 South ane Avenue, Suite 750 Orlando, ridd32801 Talat AON AIA LON LEIEPHOUE: (9417) £94-D0U Fagsithilé G21) 256- -5367 hy -Service: pleadings@thepropertyadvocates.com ‘Eniail’ gorimes@thepropertyadvocates.com eo E-Service: team15@thepropertyadvocates.com SF ‘Email: nivanor@thepropertyadvocates.com By: 4/ GRANT 4, GRIMES GRANT A. GRIMES, ESQUIRE FLORIDA BAR NO.: 124709 NESTOR M. IVANOR, ESQUIRE FLORIDA BAR NO.: 1003018HOMEOWNERS DECLARATION LICY PERIO! “Chiress POLICY NUMBER eee BD FYR 1302011 05 81 10/19/2016 10/19/2017 INSURERS COMPANY 12:04 AM. Standard Time at the described location P.O. BOX 44221 JACKSONVILLE, FL 32231-4221 1-87. RENEWAL DECLARATION Effective: 10/19/2016 Date Issued: 08/21/2016 _ INSURED: _ : z ee 3 TERRIE COOPER FIRST CHOICE INS INTERMED INC AND WAYNE JOHNSON 814 AIAN STE 206 869 ORCHID DR PONTE VEDRA BEACH FL 32082-3269 ROYAL PALM BEACH FL 33411-3454 Telephone: §61-791-3872 Telephone: 866-821-9572 ar The residence premises covered by this policy is located at the above insured address unless otherwise stated,téla: 869 ORCHID DR ROYAL PALM BEACH FL. 334%4-3454 IF PAYMENT IS NOT RECEIVED ON OR BEFORE THE POLICY RENEWAL EFFECTIVE DATE. xy THIS POLICY WILL NOT BE IN FORCE. Coverage is provided where premium and limit of liability is shown. Flood coverage is not provided by Cypress Property & Casualty Insurance Company and is not a part of this policy. = SECTION | COVERAGE LIMIT OF LIABILITY PREMIUMS A, DWELLING $ 161,300.00 $ 3,690.00 B. OTHER STRUCTURES $ 16,130.00 C, PERSONAL PROPERTY $ 80,650.00 INCLUDED D. LOSS OF USE $ 16,130.09, SS INCLUDED $ $ SECTION I] COVERAGE ho 300, 00p".00 $ 30.00 &. PERSONAL LIABILITY F, MEDICAL PAYMENTS 1,9 6 INCLUDED optional coveRaces aN OPTIONAL cov s S Y Sub-Limit - Fungi,Rot,Bacteria $25, 0067359, 006 $ 60.00 MAN-ORDINANCE OR LAW INCREASE 254 INCLUDED PERS PROP REPL COST $ 554.00 SINKHOLE COVERAGE $ 17.00 TOTAL POLICY PREMIUM, ASSESSMENTS, FEES, AND ALL SURCHARGES: $ 4,378.00 PREMIUM CHANGE,DUEITO RATE CHANGE: $ 163.00 PREMIUM CHANGE.DUE TO COVERAGE CHANGE: NONE PLEASE CONTACT. YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. FORMS AND ENDORSEMENTS *CPC HO 405(12/12) *CPC RNWL (07/15) COUNTERSIGNED DATE 8/21/2016 *CPC-HO130E(02/16) *“CPC-HO130F (07/16) TL ee *CPC-103 (09/09) *CPC-107 (12/12) Mm Ebx *CPC-127 (09/09) *CPC-159 (01/13) BY AA AS Continued on Forms Schedule ADDITIONAL INTERESTS MORTGAGEE 0010160331 JP MORGAN CHASE BANK NA ISAOA/ATIMA PO BOX 47020 ATLANTA GA 30362-0020 INSURED'S COPY PAGE 1 OF 4HOMEOWNERS DECLARATION FERRERS ya a ae aE POLIGY PERIOD POLICY NUMBER noe ae FYR 1302011 05 81 10/19/2016 10/19/2017 4 rd Tir 56 44224 ri ): 10/19/2016 RENEWAL DECLARATION INSURED; AGENT: 0110139 TERRIE COOPER FIRST CHOICE INS INTERMED INC AND WAYNE JOHNSON 814 A1A N STE 206 869 ORCHID DR PONTE VEDRA BEACH FL 3208273269 ROYAL PALM BEACH FL 33411-3454 AY Telephone: 561-791-3872 Telephone: 200-021. 67\\ ‘The residence premises covered by this policy is located at the above insured address unless @thewWise slated below: 869 ORCHID DR ROYAL PALM BEACH FL 33411-3454 (C4 All other perils deductible: $ 1,000.0p—> Hurricane deductible; $ 3,226.00, Sinkhole deductible: (/A, SECTION I, SECTION II way PREMIUMS $ 4,351.00 EMERGENCY MANAGEMENTATRUSTI\FUND SURCHARGE $ 2.00 MGA POLICY FEE $ 25.00 gS YY Note: The portion of your premium £62 Hirkicane Coverage is $2,589.00 TOTAL POLICY PREMIUM, ARSRSBYENTS , FEES, AND ALL SURCHARGES $ 4,378.00 AN ADJUSTMENT OF 0% IS INCLUDED TOJREFLECT BUILDING GRADE FOR YOUR AREA. ADJUSTMENTS RANGE FROM 1% SURCHARGE TO 11% CREDIT. FORM TYPE HO-3 YEAR BUILT 1979 TOWN/ROW HOUSE. N CONSTRUCT TYPE M SENIOR/RETIREE Y NUMBER OF FAMILIES 1 TERRITORY 038 PROTECTION CLASS 04 OPEN WATER N USE CODE i ACCRED BUILDER N MUNICIPAL CODE 999 COUNTY CODE 50 PROT DEVICE/BURGLAR N PROT DEVICE/FIRE N PROT DEV/SPRINKLER yy PROT DEV/SEC COM N WIND/HAIL EXCLUSION N REPLACEMENT COS, Y OCCUPANCY CODE OWNER ROOF COVER x ROOF DECK x ROOF/WALL CONNECT x OPENING PROTECT N Y ROOF sre ASN x SWR N PD CLAIM SURCHARGE THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT OF POCKET EXPENSES TO YOU. THIS POLICY CONTAINS A CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. INSURED'S COPY PAGE 2 OF 4HOMEOWNERS DECLARATION ‘Ceres POLICY NUMBER -EOEICY EERIOD: 10/19/2017 FYR 1302011 05 81 10/19/2016 RSET 12.01 AM, Standard Tine atthe descibed location P.O. BOX 44221 JACKSONVILLE, FL 32231-4221 1-877-560-5224 (FOR ALL INQUIRIES) RENEWAL DECLARATION Effective: 10/19/2016 Date Issued: 08/21/2016 TERRIE COOPER FIRST CHOICE INS INTERMED ING AND WAYNE JOHNSON 814 A1AN STE 206 869 ORCHID DR PONTE VEDRA BEACH FL 32082-3269 ROYAL PALM BEACH FL 33411-3454 Telephone: 561-791-3872 Telephone: 866-821-9572 a> The residence premises covered by this policy is located at the above insured address unless otherwise stated'belov: 869 ORCHID DR: ROYAL PALM BEACH £1, 33444-3454 4 LAW AND ORDINANCE COVERAGE IS ANXIMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER THE PLIRCHASE OF FLOON INSURANCE FROM THE NATIONAL <€LOOD | INSURANCE PROGRAM. WITHOUT THIS COVERAGEY YOU MAY HAVE UNCOVERED - LOSSES. PLEASE? DISCUSS THESE COVERAGES WITH YOUR INSURANCE» GENT. Coinsurance Contract: The rate charaéa AS. policy is based upon the use of the coinsurance clause attached to this polity, with the consent of the insured. or Y i Nv INSURED'S COPY PAGE 3 OF 4Policy Number = policy Period To. FYR 1302011 05 81 10/19/2016 40/19/2017 12:01 AM, Standard Time at the described location) FORMS SCHEDULE (continued from page 1) *CPC-302 (02/16) CPC-305 (12/12) CPC-309 (11/04) CPC-320 (09/08) CPG-325 (09/09) C4808 (02/10) CPC-345 (iziizZ) FCPC-388 (12/12) «i 4) ~ *CPC-372 (02/16) CPC-392 (02/12) CPC-404 (12/13) “CPC360 (02/16) HO:0003 (10/00) HO-0496 (10/00) *HO-0648 (10/15) HO-2370 (07/01) OIRB11655 (02/10) ‘oc Ros (09/09) FORMSCHD 0300 INSURED'S COPY PAGE 4 OF 4| Avorrsc SE as Qe PROPERTY & CASUALTY INSURANCE COMPANY Dear Policyholder: Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institutiot directly ¢ | through its affiliates, from sharing nonpubiic information about you with a non-ajfiliaied third payly-ugiess ihe institution provides you with a notice of its privacy policies and practices, such as the type-of* information that it collects about you and the categories of persons or entities to whom it may Paragraph 3. is replaced by the’éllowing The limit of liability for this coy erage}will not be more than the limit shown in\tlesDeclarations for Coverage B. Coverage A — Dwelling And?Coverage B - Other Structures v The following Special Limit of Liability is added: The Special Linit’of Liability for "Cosmetic or Ate ame to floors is $10,000. LEK Special Limit of Liability applies to e| erages es A and B A An ne Thin | }O-00 UO). THiS Hi Beg for all property covered under -oVerage A and Coverage B. a. It includes the cost of tearing out and replacing any part of the building or structure necessary to repair the damaged flooring. b. It is subject to the policy deductible. This Special Limit of Liability does not: CPC 360 02 16 © Cypress Property & Casualty Insurance Company 2016, includes S&S a. Increase the Coverage A or Coverage B limit shown in the Declarations; or b. Apply to "Cosmetic or Aesthetic Damage” to floors which is caused by a peril insured against as named and described under Coverage C - Personal Property. “Cosmetic or Aesthetic PN includes but is not limited to: a. Chips; b. Scratches; c. Dents; and/oy d. Any other (frags to less than gro the total floor surface area which. doanct prevent tynical use of the floor. SECTION SPROPERTY COVERAGES, E. Ad ifort, ‘cdverages, 9. Glass Or Safety Glazing: Material’ Paragraph b. (2) is replaced by the fol) jowing (2). On the "residence premises" if the dwelling has been “vacant” for more than 30 consecutive days immediately before the Y loss, except when the breakage results directly from earth movement as provided in a.(2) above. A dwelling which is being constructed is not considered “vacant”. (This replaces item 9. in D. Additional Coverages, in the HO 00 06 Condo Unit-Owners Form.) (This replaces item 9. in C. Additional Coverages, in the HO 00 04 Contents Only Form) eentinn 1 ppAnreTy enveDAece FC SECTION 1 — FRUroRTY GUOvonnAGce, ©. Additional Coverages, 11. Ordinance Or Law the first paragraph of Paragraph a. is replaced by the following: a. The percentage for this coverage is stated in the Declarations. You may use up to this percentage of the limit of liability that applies to Coverage A for the increased costs you incur due to the enforcement of nea or law which reauiras or Ce CF IEW Which fequires oF For HO 00 04, the words “Coverage A” used above refer to property covered under Additional Coverage 10. Building Additions and Alterations. (This replaces item 10. in D. Additional Coverages, in the HO 00 06 Condo Unit-Owners Form) (This replaces item 10. in C. Additional Coverages, in the HO 00 04 Contents Only Form) Page 3 of 12 copyrighted material of ISO Properties, Inc. with its permission.CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY SECTION | — PERILS INSURED AGAINST A. The following is added: Catastrophic Ground Cover Collapse 1. We insure for direct physical loss to property covered under Section | - Property Coverages, Coverage A - Dwelling caused hy the noril of "atactronhic arqund cover ny the collapse" 2. Coverage C - Personal Property applies if there is a direct physical loss resulting from a "catastrophic ground cover collapse", unless the loss is excluded elsewhere in the policy. 3. Damage consisting merely of the settling or cracking of a foundation, structure or “principal building" does Not Consiit ASSUCHNIC Ground Cover lite a loss resulting from a "catastrophic ground cover collapse". 4. Direct physical loss from "catastrophic ground cover collapse" does not apply to the costs to repair the depression or hole, or to stabilize the land on the insured premises. If we at our option repair the “principalAS building” under Coverage A for direct physical loss resulting from the perio “catastrophic ground cover collaps€”>) le will stabilize the “principal buildigg' ena in accordance with our professional engineers recommended rep: KX) 5. This peril does not ape SS. roperty covered under Coveraje B)~% Other Structures. 6. This peril does notsigcrease the limit of liability that applés~to the damaged property A. Coverage A -ADwelling And Coverage B — Other Structures Paragrapl{ 2.¢:,(5) iS replaced by the following: (5) Cot etn opfepeated seepage or leakage of £ ater orthe presence or condensation of ity, moisture or vapor, over a period Set months or years unless such seépage or leakage of water or the presence or condensation of humidity, moisture or vapor and the resulting damage which is: (a) Unknown to all "insureds"; and (b) Hidden within the walls or ceilings or beneath the floors or which is above the ceilings of a structure CPC 360 02 16 © Cypress Property & Casualty Insurance Company 2016, includes However, we do not insure loss while the dwelling is: (a) “Vacant” or “unoccupied” for 30 days or more; or (b) Being constructed; unless you have used reasonablé care to shut off the water sunnly and Hrain the system and appliances of "waters rSystems and appliances of water¢do noly include outdoor swimming pools ‘spas or outdoor irrigation wells. YY (This is item 2.c. (5) in the HO 17 52, Unit-Owner Special Coverage, (A when attached to the HO 00 06 Condo Unit- Owners Form) Paragraph 2.c. (6) ( (c) is feplaced by the following: (c) Smog, rst Oh other corrosion; For Coverado, ¥ ye. Accidental Discharge Or Overflow ervision of any person invalvi NGS! such vehicle or craft by an “insur or (5) Vicarious liability, whether ae im- 5. posed by law, for the dcfions of a child or minor involving#uch vehicle or craft. b. For the purpose ee (1) Aircraft mean ‘any contrivance used or feSigned for flight except model or bby aircraft not used or designed to carty people or cargo; 423 ove, craft means a self-propelled mo- torized ground effect vehicle and in- Cludes, but is not limited to, flarecraft and air cushion vehicles; (3) Watercraft means a craft principally designed to be propelled on or in wa- ter by wind, engine power or electric motor; and (4) Motor vehicle means a "motor vehi- cle" as defined in 7. below. 2. “Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death that results. HO 00 03 10 00 Copyright, Insurance Services “Business” means: a. A trade, profession or occupation engaged in on a full-time, part-time or occasional basis; or b. Any other activity engaged in for money or other compensation, except the follow- ing: (1) One or more activitiesZnol described in (2) through (4) below, ‘forwhich no "insured" receivesqngyé tha $2,000 in total compensatig for the 12 months beforé the\beginning of the policy period} (2) Volunteér activities for which no mon- ey is ret ge ived Other than payment for expensessinctrred to perform the ac- tivity a ity; '3), Providing home day care services for which no compensation is received, ther than the mutual exchange of Y ‘Such services; or (4) The rendering of home day care serv- ices to a relative of an "insured". “Emplovee" means an emplovee of an “in- sured", or an employee leased to an "insured" by a labor leasing firm under an agreement between an “insured” and the labor leasing firm, whose duties are other than those per- formed by a "residence employee”. "Insured" means: a. You and residents of your household who are: (1) Your relatives; or (2) Other persons under the age of 21 and in the care of any person named above; b. A student enrolled in school full time, as defined by the school, who was a resident of your household before moving out to attend school, provided the student is un- der the age of: (1) 24 and your relative; or (2) 21 and in your care or the care of a person described in a.(1) above; or c. Under Section Il: (1) With respect to animals or watercraft to which this policy applies, any per- SOn OF Giganization leganly FeSponsio1e for these animals or watercraft which are owned by you or any person in- Hart Forms & Services Reorder No. 14-H801 Office, Inc., 1999 Page 1 of 22HO 00 03 10 00 cluded in a. or b. above. "Insured" does not mean a person or organiza- tion using or having custody of these animals or watercraft in the course of any "business" or without consent of the owner; or (2) With respect to a "motor vehicle" to which this policy applies: (a) Persons while engaged in your employ or that of any peers in- alien or, above: (b) Other persons using the vehicle on an “insured location" with your consent. Under both Sections I and Il, when the word an immediately precedes the word "insured", the words an "insured" together mean one or more "insureds". insured iocation’ means: o a, The "residence premises"; b. The part of other premises, other struc- tures and grounds used by you as a resi- dence; and (1) Which is shown in the i or policy period for \ your use as at OY, peli ay c. Any premises used by you in ennor with a premises described jr ang, above; d. Any part of a premises; ) (1) Not owned by an “ingure "; and (2) Where an "insured" is temporarily re- siding; e. Vacant land other\than farm land, owned by or revited to an "insured"; f. Landcauned SY or rented to an "insured" oO which a one, two, three or four family Awe gjis being built as a residence for Keen Ninstired", \ Individual or family cemetery plots or buri- ‘al vaults of an "insured"; or h. Any part of a premises occasionally rent- ed to an "insured" for other than "busi- ness" use. 7. "Motor vehicle" means: a. A self-propelled land or amphibious vehi- cle: or b. Any trailer or semitrailer which is being carried on, towed by or hitched for towing by a vehicle described in a. above. 8. "Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions, which results, during the policy period, in: a. "Bodily injury"; or b. “Property damage". © y destruction of, or ‘loss of use_6f tan erty. 10. "Residence employee" means; a. An employee of Go ‘ed", or an em- ployee leased-to ‘ahwipSured" by a labor leasing firm under, an agreement between an “insured\Nand/the labor leasing firm, whose_ dutiesare related to the main- tenarfGexOr use of the "residence prem- igS8\ Sar household or domestic gvices A 3) Who performs similar duties else- SS Ste not related to the “business” of an Qe "residence employee" does not include a temporary employee who is furnished to an “insured” to substitute tor a permanent “resi- dence employee" on leave or to meet season- al or short-term workload conditions. 11."Residence premises" means: a. The one family dwelling where you reside; b. The two, three or four family dwelling where you reside in at least one of the family units; or c. That part of any other building where you reside; and which is shown as the “residence premi- ses" in the Declarations. "Residence premises" also includes other structures and grounds at that location. DEDUCTIBLE Unless otherwise noted in this policy, the following deductible provision applies: Subject to the policy limits that apply, we will pay on- ly that part of the total of all loss payable under Sec- tion I that exceeds the deductible amount shown in the Declarations. SECTION | - PROPERTY COVERAGES A. Coverage A - Dwelling Copyright, Insurance Services Office, Inc., 1999 Page 2 of 22 i | | |HO 00 03 10 00 a. The dwelling on the "residence premises shown in the Declarations, including srtuctures attached to the dwelling; and b. Materials and supplies located on or next to the "residence premises" used to con- struct, alter or repair the dwelling or other structures on the "residence premises". 2. We do not cover land, including land on which the dwelling is located. B. Coverage B - Other Structures 1. We cover 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. 2. We do not cover: a. Land, including land on which the other structures are located; b. Other structures rented or held for rental to any person not a tenant of the dwell- ing, unless used solely as a private ga- rage; c. Other structures from which any “busi- ness" is conducted; or d. Other structures used to store "business", pronerty. However, we da cover a struc ture that contains "business" propéfty, solely owned by an "insured" or a, tenant of the dwelling provided that "bdsiness" 7 oN Nan property does not include gasequs Or lig® uid fuel, other than fuel in atperm; ingiitly installed fuel tank of a vehigiéSgp ‘craft parked or stored in the sfructure. 3. The limit of liability for this coverhge will not he more than 10% of the limit-of li v that applies to Coverage’ Use of this coverage does not reduce the ee A limit of lia- bility. + C. Coverage C - Pefsonal Property 1. Covered’Property) Wego! er pers sonal property owned or used by “Insuréd" while it is anywhere in the Kurd Mar a Ines and at unr raninet wa WorGewancr G@ 1Gse anu Gt your toques, wo wil over personal property owned by: a. Others while the property is on the part of the "residence premises" occupied by an “insured”; or b. A guest or a “residence employee", while the property is in any residence occupied by an “insured”. Limit ror rroperty At Oiner Resiaences No Our limit of liability for personal property usually located at an "insured's" residence, Copyright, Insurance Services Office, Inc., 1999 other than the "residence premises", is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to personal property: a, Moved from the "residence premises" be- cause it is being repaired, renovated or re- built and is not fit to live in or store prop- erty in; or b. In a newly acquired principal residence for 30 days from the time you bi gin to move tha nranarty thara 7 me property there. Special Limits Of Liability The special limit for each‘Category shown be- low is the total limit foreach Idss for all prop- erty in that category(\ These special limits do not increase the Coverage C/limit of liability. SES a. $200 on money, bank notes, bullion, gold other than goldware, silver other than silv- pau ower Wai piauiiii ware) coins, medals, scrip, stored value cards:and smart cards. qo on securities, accounts, deeds, vidences of debt, letters of credit, notes stamps. This dollar limit applies to these f the medium (such oliware) on which \ ater than bank notes, manuscripts, per- Nsonal records, passports, tickets and the material exists. This limit includes the cost to research, replace or restore the information from the lost or damaged material. c. $1,500 on watercraft of all types, includ- ing their trailers, furnishings, equipment and outboard engines or motors. d. $7,500 on traiiers or semitraiiers not used with watercraft of all types. e. $1,500 for loss by theft of jewelry, watches, furs, precious and semiprecious stones. f. $2,500 for loss by theft of firearms and related equipment. g- $2,500 for loss by theft of silverware, silver-plated ware, goldware, gold-plated ware, platinumware, platinum-plated ware and pewterware. This includes flatware, hollowware, tea sets, trays and trophies made of or including silver, gold or pew- ter. h. $2,500 on property, on the "residence premises", used primarily for “business" purposes. i. $500 on property, away from the "resi- dence premises", used primarily for "busi- ness" purposes. However, this limit does Page 3 of 22HO 00 03 10 00 not apply to loss to electronic apparatus and other property described in Categories j. and k. below. j. $1,500 on electronic apparatus and ac- cessories, while in or upon a "motor vehi- cle", but only if the apparatus is equipped to be operated by power from the "motor vehicle's" electrical system while still cap- able of being operated by other power sources. wires, records, discs or other media that can be used with any apparatus described in this Category j. k. $1,500 on electronic apparatus and ac- cessories used primarily for "business" while away from the "residence premises" and not in or upon a “motor vehicle". The apparatus must be equipped to be oper. ated Dy power i7oin tne "Motor Venicie’s" electrical system while still capable of be- ing operated by other power sources. Accessories include antennas, tapes, wires, records, discs or other media that can be used with any apparatus described in this Category k. 4. Property Not Covered We do not cover: a. Articles separately described and cally insured, regardless of th foto which they are insured, in this, other in surance; Animals, birds or fish; “Motor vehicles". (a) Their acces: aries, equipment and parts; or (b) Electronic apparatus and acces- SorieSdesigned to be operated Solely by power from the electrical system of the “motor vehicle". A ‘ccessories include antennas, tapes, wires, records, discs or \ other media that can be used with any apparatus described above. The exclusion of property described in (a) and (b) above applies only while such property is in or upon the "motor vehicle". (2) We do cover "motor vehicles" not re- quired to be registered for use on pub- lic roads or properiy which are: Copyright, Insurance Services Office, Inc., 1999 (a) Used solely to service an "“in- sured's" residence; or (b) Designed to assist the handi- capped; d. Aircraft meaning any contrivance used or designed for flight including any parts whether or not attached to the aircraft. We do cover model or hobby aircraft not used or designed to carry people or cargo; e. Hovercrait and paris. Hovereratt means a self-propelled motorized gfound, effect ve- hicle and includes, buttispnot limited to, flarecraft and air cushion Vehicles; f. Property of rooners, boarders and other tenants, except pro} perv of roomers and boarders me fo. oe "insured"; g- Property in an apartment regularly rented or for Yental fo others hy an " sure A eXcept 2 as provided in E. 40. Land- lord 's\Rurpishings under Section I -~ Prop- ty oyptages; A rented or held for rental to others of fti residence premises"; "Business" data, including such data xO stored in: x TAY Danke af anconnt deawinas ar other (ty SCOKS SF acces paper records; or Mw, Grawings Cr Cuer (2) Computers and related equipment. We do cover the cost of blank recording or storage media, and of prerecorded computer programs available on the retail market; j. Credit cards, electronic fund transfer CaiOS OF ACCESS GSVIGES USE Solely TOF deposit, withdrawal or transfer of funds except as provided in E.6. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money under Section | - Property Coverages; or k. Water or steam. D. eeree: Or Loss Of Use ity for Coverage D Is the totai limit for the coverages in 1. Additional Living Ex- pense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use below. 1. Additional Living Expense If a loss covered under Section | makes that part of the "residence premises" where you reside not fit to live i in, we cover any neces- you so that your household can maintain its normal standard of living. Page 4 of 22HO 00 03 10 00 Payment will be for the shortest time required to repair or replace the damage or, if you per- manently relocate, the shortest time required for your household to settle elsewhere. XN Fair Rental Value If a loss covered under Section | makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the fair rental value of such premises less any expenses that do not con- mniant fit tn Thun tn Payment will be for the shortest time required to repair or replace such premises. 3. Civil Authority Prohibits Use If a civil authority prohibits you from use of the “residence premises" as a result of direct damage to neighboring premises by a Peril In- sured Against, we cover t the loss as provided ii 1. Auaitional Living Expense ana 2. Fair Rental Value above for no more than two weeks, 4. Loss Or Expense Not Covered We do not cover loss or expense due to can- cellation of a lease or agreement. The periods of time under 1. Additional Living Ex- pense, 2. Fair Rental Value and 3. Civil AuthorityS Prohibits Use above are not limited by expira NS” of this policy. Additional Coverages 1. Debris Removal a. We will pay your conoid for the removal of: \" (4) Debris of bhai Rtonerly if a Peril t thaisanniine tn. tha tinat appnes tO ine damaged see rty.causes the loss; or (2) Ash, dust or \aikos from a volcanic eruptio' that haS caused direct loss to a bGildiig or property contained in a uilding. Inctirad Ae rie expense is included in the limit of lia- bilitythat applies to the damaged proper- A—ty> If the amount to be paid for the actual damage to the property plus the debris re- tmoval expense is more than the limit of li- ability for the damaged property, an addi- tional 5% of that limit is available for such expense. b. Wewill also pay your reasonable expense, up to $1,000, for the removal from the “residence premises" of: (i) Your ireeis) felled by the peri of Windstorm or Hail or Weight of Ice, Snow or Sleet; or DS a Repairs ey We will pay the reasonable cost incurred Copyright, Insurance Services Office, Inc., 1999 (2) A neighbor's tree(s) felled by a Peril Insured Against under Coverage C; provided the tree(s): (3) Damage(s) a covered structure; or (4) Does not damage a covered structure, but: (a) Block(s) a driveway on the "resi- dence premises" which prevent(s) a “motor vehicle", that is regis- on pint aus GF property, from eptGiing py leaving the "residence pfemises" Block(s) a ,rampNorother fixture designed fo assist a handicapped person,to Lier} ‘or leave the dwell- ing bGil ing: The $1 ood singitj’ the most we will pay in anv. one Rss Teaardless of the number of fallen Fees, No more than $500 of this liggftywill ‘Be paid for the removal of any BINS ‘s eS pBverage is additional insurance. (b) by you for the necessary measures taken solely to nrotect covered nronerty th damaged by a Peril Insured Against from further damage. b. If the measures taken involve repair to other damaged property, we will only pay if that property is covered under this poli- cy and the damage is caused by a Peril In- sured Against. This coverage does not: (1) Increase the limit of liability that ap- plies to the covered property; or (2) Relieve you of your duties, in case of a loss to covered property, described in B.4. under Section | - Conditions. 3. Trees, Shrubs And Other Plants We cover trees, shrubs, plants or lawns, on the "residence premises", for loss caused by the following Perils Insured Against: Fire or Lightning; Explosion; Riot or Civil Commotion; Aircraft; Vehicles not owned or operated by a resi- dent of the "residence premises"; pao oD ~ Vandalism or Malicious Mischief; or g. Theft. Page 5 of 22HO 00 03 10 00 We will pay up to 5% of the limit of liability that applies to the dwelling for all trees, shrubs, plants or lawns. No more than $500 of this limit will be paid for any one tree, shrub or plant. We do not cover property grown for "business" purposes. This coverage is additional insurance. Fire Department Service Charge We will pay up to $500 for your liability as- sumed by contract or agreement for fire de- partment charges incurred when the fire de- partment is called to save or protect covered property from a Peril Insured Against. We do not cover fire department service charges if the property is located within the limits of the city, municipality or protection district furnish- ing the fire department response. This coverage is additional insurance. No de- ductible applies to this coverade. Property Removed We insure covered property against direct loss from any cause while being removed from a premises endangered by a Peril Insured Against and for no more than 30 days while removed. This coverage does not change the limit of ia \N 1) that annliae ta the nranarty nat io ine property mi SPENSS prep: re) ed. LY” D>, . Credit Card, Electronic Fund Transfer,Card Or Access Device, Forgery And Count ey a. We will pay up to $500 for (1) The legal obligation of an jirfsured" to pay, because of the\thety r aren a use OF registered in (2) Loss reguitingy rom theft or unauthor- ized uSe of an €lectronic fund transfer care ‘dNaccess device used for de- posit, withdrawal or transfer of funds, issdled to or registered in an "in- Ass ‘s" name; ABN Loss to an "insured" caused by for- ~Gery or alteration of any check or ne- gotiable instrument; and (4) Loss to an "insured" through accept- ance in good faith of counterfeit United States or Canadian paper cur- rency. All loss resulting from a series of acts committed by any one person or in which any one person is concerned or impiicated is considered to be one loss, Copyright, Insurance Services Office, Inc., 1999 This coverage is additional insurance. No deductible applies to this coverage. b. We do not cover: (1) Use of a credit card, electronic fund transfer card or access device: (a) By a resident of your household; (b) By a person who has been en- trusted with either type of card or access device; or (c) If an "insured" hash complied with all terms aridycond} dns un- der which thi Ens are‘issued or SS the wing fat Snr ; or (2) Loss arising Out ofyjbusiness" use or dishonestyoFaninsured". c. If the covetage in) a. above applies, the following defetise*provisions also apply: (1) LmerRay investigate and settle any Clai air for suit that we decide is appro- ares Our duty to defend a claim or it’ ends when the amount we pay fOr the loss equals our limit of liability. sured" for liability under a.(1) or (2) above, we will provide a defense at Aur avnanse hu aauneal af aur chaning Our Expense Cy CoOuNSe! Sf Cur CnSice, & lf a suit is brought against an “in- (3 We have the option to defend at our expense an "insured" or an "in- sured's" bank against any suit for the enforcement of payment under a.(3) above. 7. Loss Assessment a. We will pay up to $1, 000 for your share GF 1OSS assessinent Charged dui policy period against you, as owner or tenant of the "residence premises", by a corporation or association of property owners. The assessment must be made as a result of direct loss to property, owned by all members collectively, of the type that would be covered by this policy if owned by you, caused by a Peril In- sured