Preview
wes CASE NUMBER: 502021CA005610XXXXMB Div: AF ****
Filing # 125991415 E-Filed 05/02/2021 05:53:51 PM
MEL OKFEFFF & MAURFFENOKEFFFE, IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN
Petitioners, AND FOR PALM BEACH COUNTY,
FLORIDA
v.
FEDNAT INSURANCE COMPANY, CASE NO.:
DIVISION:
Respondent.
PETITION FOR DECLARATORY RELIEF
Petitioners, MEL OKEEFFE & MAUREEN OKEEFFE, by and through the
undersigned counsel, files the foregoing Petition for Declaratory Relief against
Respondent, FEDNAT INSURANCE COMPANY, and in support thereof alleges as
follows:
JURISDICTION AND PARTIES
1. This is an action seeking a declaratory judgment concerning real property.
2. This Court has jurisdiction pursuant to Fla. Stat. §86.011.
3. Petitioner is a resident of Palm Beach County, Florida and are otherwise
sui juris.
4. The Insurance Company is a Florida Corporation who sells homeowner
insurance policies in Palm Beach County, Florida.
5. The real property that is insured by the Insurance Company and is the
subject matter of this lawsuit is located in Paim Beach County, Fiorida.
6. The facts giving rise to Petitioner’s cause of action accrued in Palm Beach
County, Florida.
7. In light of the above, venue is appropriate in Palm Beach County, Florida.
GENERAL ALLEGATIONS
1
CHUENM. DAL AA RCACUCALINTY CI INCCDU ARDIIFIN CLODY NEINDINNGA NE £2.84 DAA
Pm. PAL DLA VUUINE TT, PL, JUOL IE mDnNUueey, ULLIAN, Yuruei2ue |! U.yu.g toi8. In exchange for premiums paid by Petitioners, the Insurance Company
issued Petitioners a policy of insurance, policy number FE-0000660589-05 (“POLICY”),
which provided for homeowner’s insurance coverage for Petitioners’ home located at
22048 Aqua Ct., Boca Raton, FL 33428 (“PROPERTY”). A copy of the POLICY is
attached hereto as Exhibit “A.”
9. The POLICY issued to Petitioners is an “all-risk” policy that covers all
fortuitous loss or damage unless the policy expressly excludes the loss from coverage
or the loss results from willful misconduct or fraudulent acts of the insured.
10. At.all times material hereto, the above described insurance policy was in
full force and effect.
11. On or about November 8, 2020, Petitioners reported to the Insurance
Company that a loss occurred at the PROPERTY resulting in physical damage to the
PROPERTY as a result of Tropical Storm Eta.
12. |The damage which occurred is covered under the insurance policy issued
by the Insurance Company.
13. Petitioners iimeiy reporied the subjeci insurance ciaim to ihe insurance
Company.
14. The Insurance Company acknowledged Petitioner's’ notification of their
insurance claim and assigned claim number HO0521346530.
15. | Upon discovering the loss, the Petitioners took reasonable steps to protect
the PROPERTY from further damage.16. Petitioners provided the Insurance Company with all information
necessary for the Insurance Company to make a coverage determination as to
Petitioners’ insurance claim.
17. Further, Petitioners have contacted the Insurance Company on numerous
occasions to inquire into the status of her claim; however, the Insurance Company has
not issued any payment to Petitioners and have not informed Petitioners of its coverage
decision as required by the POLICY and Florida law.
18. Petitioners have performed all conditions precedent to recovery under the
subject insurance policy. Otherwise, any such conditions have been waived by the
Insurance Company.
19. The Insurance Company failed to provide Petitioners with notice of the
right to attend mediation pursuant to Fla. Stat. §627.7015(2).
20. The Insurance Company has not provided a Homeowner Bill of Rights to
Petitioner.
COUNT I - DECLARATORY JUDGMENT
Zi. Over ninety (30) days after ine insurance Company received reporting of
Petitioners’ claim, the Insurance Company has not yet made payment for the damages
under the POLICY nor has the Insurance Company advised Petitioners of a coverage
decision for the reported loss.
22. |The Insurance Company has not explained the basis of the claim delay to
the Petitioners and has left the Petitioners wholly in the dark about their claim.23. The Insurance Company has not requested any further information from
the Petitioners as a precondition of issuing payment for covered damages or for a
coverage decision.
24. The subject POLICY contains a provision requiring that the Insurance
Company issue payment or a coverage decision with 90 days of the reporting of the
claim and the Insurance Company has failed to do so.
25. Further, Fla. Stat. §627.70131(5)(a) provides in pertinent part:
Within 90 days after an insurer receives notice of an initial,
reopened, or supplemental property insurance claim from a
policyholder, the insurer shall pay or deny such claim or a
portion of the claim unless the failure to pay is caused by
factors beyond the control of the insurer which reasonably
prevent such payment.
26. There were no factors beyond the Insurance Company’s control that
reasonably prevented a claims decision or payment to the Petitioners within ninety (90)
days of receiving notice of the claim.
27. Nevertheless, as of the date of this Complaint, the Insurance Company
has not complied with the POLICY or Fla. Stat. §627.70131(5)(a).
28. Accordingly, the Insurance Company’s actions have made the Petitioners
unsure of the Parties’ rights, obligations and duties with regard to the subject POLICY
and Florida law and Petitioners wishes that the Insurance Company be in full
an wth tha DALIAN ana Flan ae
ICE WIL WIG PULIVT atu rionua raw.
29. The Insurance Company's failure to make payment or acknowledge
coverage for the insurance claim within 90 days as required by the POLICY and Florida
law, there is an actual conflict between the Parties which can be determined from the
facts asserted herein.30. The Insurance Company’s apparent failure to comply with the terms of the
of the subject POLICY and Florida law has created the need for a declaration by this
Court on the following issues:
a. Whether the Insurance Company failed to comply with its
obligations under the subject POLICY and Florida law with regard to the
Petitioners’ insurance claim.
b. Whether there were any factors beyond the Insurance Company’s
control that reasonably prevented payment or a coverage decision within 90 days
after receipt of the notice of the Petitioner's insurance claim.
31. | Based on the facts set forth above, the Petitioners are in doubt about the
rights and obligations of the Parties under the subject POLICY and Florida law and
requires a determination by this Court concerning the right to a coverage decision
and/or claim payment for the subject insurance claim.
32. The Petitioners have filed this request for declaratory relief seeking the
Court’s construction of the insurance policy and Florida law along with a determination
of certain facis as authorized by Fia. Siai. §86.077.
33. Pursuant to Florida’s Declaratory Judgment Statutes, this Court has the
jurisdiction and power to construe relations that are affected by the construction of an
insurance policy and issue a declaratory judgment with regard to same.
34. Asa result of the Insurance Company’s refusal to perform its obligations
under the terms and conditions of the insurance policy and Florida statues, the
Petitioner has incurred damages and will continue to incur damages.35. Due to the Insurance Company's refusal to perform its obligations under
the terms and conditions of the insurance policy and Florida statutes, Petitioners were
forced to retain the services of Schatzman & Hovanyecz, P.A. for the purpose of
prosecuting the instant lawsuit and such attorneys are entitled to reasonable attorney
fees pursuant to Fla. Stat. §627.428.
WHEREFORE, the Petitioners prays that this Honorable Court take jurisdiction of
this matter and declare the Parties’ rights and duties under the POLICY, including but
not limited to:
A. The Parties’ rights, duties and obligations under the POLICY and Florida
law as pled herein;
B. For an award of reasonable attorney fees and costs for the necessity of
Petitioners retaining counsel to present this action;
C. For reservation of jurisdiction to enter such further orders as may be
required to enforce this Court's declaration of the Parties’ rights; and, or any other relief
that this Court deems just, proper and equitable
([Cantinuad an tha falinuwinn nana)
(VonunUGa Or ure rnGwing pags;DEMAND FOR JURY TRIAL
Petitioner hereby demands trial by jury on all issues so triable under Florida law.
SCHATZMAN & HOVANYECZ, P.A.
3475 Sheridan Street, #206
Hollywood, Florida 33021
Tel: (954) 418-2296
www.shlawpa.com
Email service: service@shlawpa.com
/s/ Zoltan Hovanyecz
Zoltan Hovanyecz, Esq.
FBN: 83386
lan Schatzman, Esq.
FBN: 44913FEDNAT INSURANCE COMPANY he
Fort Lauderdale, FL 33340 FED /A NAT
Claims: 1-800-293-2532 Homeowner Declaration Page INSURANCE COMPANY
Service: Contact Your Agent Listed Below
Policy Number Policy Period 12:01 AM Standard Time Endorsement Declaration Agent Code
FE-0000660589-05 FROM 5/20/2020 TO 5/20/2021 EFFECTIVE: 5/26/2020 12269
Endorsement Reason: add finance co.
| Named Insured and Mailing | Location of Residence Premises: | Agent:
Address:
22048 Aqua Ct Riteway Insurance
Mel Okeefe & Maureen Okeeffe y
22048 Aqua Ct Boca Raton, FL. 33428 475 N. Federal Hwy
Boca Raton, FL. 33428 Boca Raton, FL. 33432
Phone: (561) 338-6222
Coverage is only provided where a premium and a limit of liability is shown.
HURRICANE DEDUCTIBLE: 2% of coverage A / $7,700
ALL OTHER PERILS DEDUCTIBLE: $2,500
SINKHOLE LOSS DEDUCTIBLE: N/A
SECTION | -PROPERTY COVERAGES LIMIT OF LIABILITY ANNUAL PREMIUM
A-— Dwelling $ 385,000 $ 8,017.00
B— Other Structures $ 19,250 INCL
C~ Personal Property $1 92,500 INCL
D-Loss of Use 2 11,uuU INUL
SECTION II — LIABILITY COVERAGES
E - Personal Liability $300,000 $ 30.00
F —Medical Payments. $1,000 INCL
OPTIONAL COVERAGES
Loss Assessment $1,000 INCL
Limited Funai, Wet or Dry Rot, or Bacteria (Liability) $50,000 INCL
Limited Fungi, Wet or Dry Rot, or Bacteria (Property) $10,000 INCL
Water Back Up and Sump Overflow $5,000 $ 25.00
Refrigerated Personal Property $500 $ 10.00
Renewal Premium Increase Limitation $- 329.00
Personal Property Replacement Cost $1202.55
Deductible $- 262.48
as 7 i ORO. af enverana A INIOL
Ordinance or Law Coverage Sy rel ewer aa Wwe
Age of Dwelling $ 500.45
Loss History Surcharge $ 727.58
Windstorm Loss Mitigation Devices $-5203.87
FNIC HO 9 (01. 19)FEDNAT INSURANCE COMPANY
PO BOX 407193 FED } : ¢ N TAL
Fort Lauderdale, FL 33340 Homeowner Declaration Page
Claims: 1-800-293-2532 INSURANCE COMPANY
[ Policy Number | Policy Period 12:01 AM Standard Time | Endorsement Declaration | AgentCode |
FE-0000660589-05 FROM 5/20/2020 TO 5/20/2021 EFFECTIVE: 5/26/2020 | 12269
Endorsement Reason: add finance co.
MANDATORY ADDITIONAL CHARGES.
Emarmanny Mananamant Dranaradnace And Recictant
tot Laine @ 900
Emergency Management 1 reparcuness miu mosisiane ust rund 9 2.00
Policy Fee (Fully Earned) $ 25.00
2005 Citizens Property Insurance Corporation Recoupment $ 0.00
Florida Hurricane Catastrophe Fund Emergency Assessment $ 0.00
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES $4,744.00
Insured Note: The portion of your premium for Hurricane Coverage is: $1,316.16
The portion of your premium for Non-Hurricane Coverage is: $3,400.84
FNIC HO 9 (01 19)FEDNAT INSURANCE COMPANY
PO BOX 407193 FED } : ¢ N TAL
Fort Lauderdale, FL 33340 Homeowner Declaration Page
Claims: 1-800-293-2532 INSURANCE COMPANY
[ Policy Number | Policy Period 12:01 AM Standard Time [_Endorsement Declaration | AgentCode__|
FE-0000660589-05 FROM 5/20/2020. TO 5/20/2021 EFFECTIVE: 5/26/2020 12269
Endorsement Reason: add finance co.
Forms and Endorsements Applicable to this Policy:
FNIC HO 00 03 (08/19), FNIC HOPL (07/18), HO 04 98 (04/91), FNIC HO 61 (02/14)
The Total Charge for this Endorsement is: $0.00
Rating Information for your policy:
Form Type Year Built / Town / Row | Construction BCEGS Territory Wind /Hail | Mun Code
Verified House Type Exclusion Fire /
Police
HO-3 1991 NO Masonry 99 380 NO 999/999
County Occupancy Use No. of Families | Protection Class | Distto Hydrant | Dist to Fire
Station
Palm Beach Owner Primary 1 3 1000 ft 5 mi
L L L L L
Protective Device Credits No Dec or Prior Seasonal Surcharge Age of Home Surcharge
Burglar Alarm | Fire Alarm | Sprinkler Insurance Surcharge / Credit
NO NO — NA NIA YES
Terrain Building Type Roof Cover Roof Deck Attachment Roof-Wall Connection
Terrain B Dwelling (A) FBC Equivalent (C) 8d @ 6in/ 6in (C) Single Wrap
Secondary Water Roof Shane Opening Protection FRC Wind Sneed FRC Wind Design
Resistance
(B) No (B) Other (L) Unknown or 120+ mph 420 mph
Lindatarminad
A premium adjustment of $___$-5203.87_ is included to reflect the building’s wind loss mitigation features or construction
techniques that exist. Credits range from 0% to 90%.
Apremium adjustment of $__$ 0.00 ___ is included to reflect the building code grade for your area. Adjustments range from a 5%
surcharge to a 46% credit.
AUTHORIZED BY: GORDON JENNINGS ¢
NAME SIGNATURE
FNIC HO 9 (01 19)FEDNAT INSURANCE COMPANY
PO BOX 407193 re) CNAT
Fort Lauderdale, FL 33340 Homeowner Declaration Page
Claims: 1-800-293-2532 INSURANCE COMPANY
[ Policy Number | Policy Period 12:01 AM Standard Time [ Endorsement Declaration | Agent Code |
2 biz6/202
FE-0000660589-05 FROM 5/20/2020 TO 5/20/2021 eee 9/26/2020 | 42269
Endorsement Reason: add finance co.
PLEASE VISIT FEDNAT.COM TO VIEW YOUR APPLICABLE POLICY FORMS AND ENDORSEMENTS. CLICK
CUSTOMER SERVICE FOLLOWED BY INSURED LOGIN OR TYPE THIS URL INTO YOUR INTERNET BROWSER
HTTP://WWW.FEDNAT.COM/CUSTOMER-SERVICE/INSURED-LOGIN. YOU HAVE THE RIGHT TO REQUEST
AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR POLICY AND ENDORSEMENTS BY
CONTACTING YOUR AGENT OR CALLING CUSTOMER SERVICE AT (800) 293-2532.
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S INSURANCE
POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING
FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE
FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE
COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD.
PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD
INSURANCE COVERAGE WITH YOUR INSURANCE AGENT.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE
LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO
YOU.
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN
IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE
DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT.
YOUR POLICY PROVIDES COVERAGE FOR CATASTROPHIC GROUND COVER COLLAPSE
THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE,
YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY
PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL
PREMIUM.
FNIC HO 9 (01 19)FEDNAT INSURANCE COMPANY FNIC HO 00 03 (08 19)
HOMEOWNERS 3 - SPECIAL FORM
BLE OF CONTENTS
AGREEMENT.
DEFINITIONS
SECTION |- PROPERTY COVERAGES
COVERAGE A — Dwelling........
COVERAGE B — Other Structures
COVERAGE A — Dwelling and COVERAGE B — Other Structures
COVERAGE C - Personal Property .
Special Limits of Liability.
ADDITIONAL COVERAGES
Debris Removal ...
“Emergency Mitigation Services”
Trees, Shrubs and Other Plants .
Fire Department Service Charge
Property Remove
Credit Card, Fund
Loss Assessment.
Collapse....
Glass Or Safety Glazing Material
10. Landlord's Furnishings.
11. Ordinance Or Law....
12. “Fungi”, Wet Or Dry Rot, Or Bacteria
eeetina! prone menpen acamic
SEU HUNT — PEnILS INOUNEL AGAINS
COVERAGE A— DWELLING and COVE!
COVERAGE C — PERSONAL PROPERTY
SECTION | - EXCLUSIONS.......
Ordinance Or Law.......
Earth Movement and Settlement,
Water Damage...
POMONA RWN>
Intentional Loss,
Continuous or repeated seepage or leakage of water or steam
Criminal or Illegal Activity
“Hurricane Loss” to:
Loss Caused by “Sinkhole’
“Fungi”, Wet Or Dry Rot, Or Bacteria,
Existing Damage, meaning......
o. Home Sharing/Bed and Breakfast.
SECTION I - CONDITIONS...
1. Insurable Interest and Limit of Liabil
2. Duties After Loss .....
a. Your Duties After Loss.........
b. Assignee(s)’ Duties After Loss.
Loss Settlement
Loss to a Pair or Set
Glass Replacement.
Mediation Or Appraisal
Other Insurance.......
PR UAT SO Fesgao sD
NOR w
FNIC HO 00 03 (08 19) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 31FEDNAT INSURANCE COMPANY FNIC HO 00 03 (08 19)
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
SECTION Il — LIABILITY COVERAGES
COVERAGE E — Personal Liability...
COVERAGE F — Medical Payments To Others.
SECTION Il - EXCLUSIONS...
1.
2
3.
SECTION II - ADDITIONAL COVERAGES ..
1.
2.
3.
4,
SECTION Il - CONDITIONS.
1.
PNOARYON
SECTIONS | AND Il - CONDITIONS.
Suit Against Us.
Our Option.
Loss Paymen'
Abandonment of Property.
Moiigage Ciause.
No Benefit to Bailee.
Nuclear Hazard Claus:
Recovered Property...
Volcanic Eruption Perio
Report Increased Values.
Calendar Year Hurricane Deductible.
Loss by Windstorm during a Hurricane
Hurricane Described ...
Calendar Year Hurricane Deductible Described
Application of Calendar Year Hurricane Deductib!
Coverage E — Personal Liability and Coverage F — Medical Payments to Others...
Coveraae E — Personal Lial
Coverage F - Medical Payments to Others,
Claim Expenses
First Aid Expense:
Damage to Property of Others.
Loss Assessment...
Limit Of Liability .......
Severability of Insurance.
Duties After Loss. .......
Duties of an Injured Person — Coverage F — Medical Payments to Others.
Payment of Claim — Coverage F — Medical Payments to Others.
Suit Against Us. ...
Bankruptcy of an Insure:
Other Insurance — Coverage E — Personal Liability.
Poitcy Period.
Concealment Or Frau
Liberalization Clause.
Waiver or Change of Policy Provisions.
Renewal Notification
Notification Regarding Access.....
Change in Occupancy or Usage of “Residence Premises.
FNIC HO 00 03 (08 19) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 31FEDNAT INSURANCE COMPANY
FNIC HO 00 03 (08 19)
HOMEOWNERS 3
SPECIAL FORM
AGREEMENT
We will provide the insurance described in this policy in return for the premium and compliance with all applicable
provisions of this policy.
DEFINITIONS
In this policy, "you" and "your" refer to the "named
insured" shown in the Declarations and the spouse if
a resident of the same household. "We," "us" and
“our" refer to the Company providing this insurance.
In addition, certain words and phrases are defined as
follows:
1.
FNIC HO 00 03 (08 19)
“Bodily injury’ means bodily harm, sickness or
disease, including required care, loss of services
and death that results.
“Business” includes trade, profession or
occupation.
“Catastrophic Ground Cover Collapse” means
geological activity that results in all of the
following:
a. The abrupt collapse of the ground cover;
b. A depression in the ground cover clearly
visible to the naked eye;
ca “Structural damage” to the “principal
building” insured under this policy, including
the foundation; and
d. The “principal. building” ~—_— being
condemned and ordered to be vacated by the
governmental agency authorized by law to
issue such an order for that “principal
building”.
“Emergency Mitigation Services” means
necessary measures taken to prevent covered
property from further damage, when the damage
or loss is caused by a Peril Insured Against.
“Fungi”
a. “Fungi” means any type or form of
fungus, including mold or mildew, and any
mycotoxins, spores, scents or by-products
produced or released by fungi.
Under Section Il, this does not include any
“fungi” that are in, on, or are contained in, a
good or product intended for consumption.
“Hurricane loss” means any loss resulting from
the peril of windstorm caused by a “hurricane oc-
currence”.
“Hurricane occurrence”
A “hurricane occurrence”:
a. Begins at the time a hurricane watch or
warning is issued for any part of Florida by
Includes copyrighted material of Insurance Services Office, Inc., with its permission
the National Hurricane Center of the National
Weather Service;
b. Continues for the time period during which
the hurricane conditions exist anywhere in
Florida; and
c. Ends 72 hours following the termination of
the last hurricane watch or hurricane warning
issued for any part of Florida by the National
Hurricane Center of the National Weather
Service.
“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 under the age
of:
(1) 24 and your relative; or
(2) 21 and in your care or the care of the
person described in 7.a. (1) above; or
Under Section Il, “insured” also means:
¢. With respect to watercraft to which this policy
applies, any person or organization legally
responsible for watercraft which is owned by
you or any person included in 7.a. or 7.b.
above. A person or organization using or
having custody of watercraft in the course of
any “business” or without consent of the
owner is not an “insured”.
d. With respect to any vehicle to which this
policy applies:
(1) Persons while engaged in your employ or
that of any person included in 8.a. or 8.b.
above; or
(2) Other persons using the vehicle on an
“insured location” with your consent.
“Insured location” means:
a. The “residence premises”;
b. The part of other premises, other structures
and grounds used by you as a residence and:
(1) Which is shown in the Declarations; or
Page 3 of 31FEDNAT INSURANCE COMPANY
10.
11.
12.
13.
14,
15.
16.
17.
(2) Which is acquired by you during the
policy period for your use as a residence;
c. Any premises used by you in connection with
in Qa and Qh ahava:
in Oa. and 2B, above;
d. Any part of a premises;
(1) Not owned by an “insured”; and
(2) Which is acquired by you during the
policy period for your use as a residence
e. Vacant land, other than farm land, owned by
or rented to an “insured”;
f. Land owned by or rented to an “insured” on
which a one or iwo family dweiling is being
built as a residence for an “insured”;
g- Individual or family cemetery plots or burial
vaults of an “insured”; or
h. Any part of a premises occasionally rented to
an “insured” for other than “business” use.
“Occurrence” means an accident, including
continuous or repeated exposure to substantially
the same generai harmful conditions, which
results, during the policy period, in:
a. “Bodily injury”; or
b. "Property damage.”
“Personal watercraft” means watercraft designed
to carry one to three people propelled by a water
Jet pump powered by an internal combustion
engine and capable of speeds greater than 25
MPH. Personai waiercrait inciude but are not
limited to watercraft often referred to as jet skis,
wave runners and similar watercraft.
"Primary structural member" means a structural
element designed to provide support and stability
for the vertical or lateral loads of the overall
structure.
"Primary structural system" means an
assembiage of "primary Stuctural Memoeis”.
“Principal building” means the dwelling where you
reside on the “residence premises” shown in the
Declarations, not including other structures,
driveways, sidewalks, walkways, decks, or
patios. Patios and decks are covered if it is an
extension of the foundation and made of the
same material or under the same roof line of the
“principal building”.
“Property damage” means physical injury to, de-
struction of, or loss of use of tangible property.
“Residence employee” means:
a. An employee of an “insured” whose duties
are related to the maintenance or use of the
“residence premises,” including household or
domestic services; or
bh, One who performs s
not related to the “business” of an "insure
“Residence premises” means:
a. The one family dwelling, other structures, and
grounds; or
r diitiae aleawhara
FNIC HO 00 03 (08 19)
18.
19.
Includes copyrighted material of Insurance Services Office, Inc., with its permission
FNIC HO 00 03 (08 19)
b. That part of any other building;
where you reside and which is shown as the
“residence premises’ in the Declarations.
an £
SO MEANS & two 1
dwelling where you reside in at least one of the
family units and which is shown as the “residence
premises” in the Declarations.
“Screen enclosure” means any structure,
including frames, screen material, footings,
supports or anchors of the enclosure whether or
not attached to a dwelling, enclosed by screens
on more than one side, otherwise open to the
weather, and not constructed and covered by the
same or substantially the same materials as that
of the “residence premises’.
"Structural damage" means a "principal building",
regardless of the date of its construction, has
experienced the following:
a. Interior floor displacement or deflection in
excess of acceptable variances as defined in
ACI 117-90 or the Florida Building Code,
which results in settlement-related damage to
the interior such that the interior building
structure or members become unfit for
service or represent a safety hazard as
defined within the Florida Building Code;
b. Foundation displacement or deflection in
excess of acceptable variances as defined in
ACi 318-95 or the Florida Buiiding Code,
which results in settlement-related damage to
the “primary structural members" or “primary
structural systems" that prevents those
members or systems from supporting the
loads and forces they were designed to
support to the extent that stresses in those
“primary structural members" or "primary
structural systems" exceed one and one-third
the nominal strength allowed under the
Florida Building Code for new buildings of
similar structure, purpose or location;
c. Damage that results in listing, leaning or
buckling of the exterior load-bearing walls or
other vertical "primary structural members" to
such an extent that a plumb line passing
through the center of gravity does not fall
inside the middle one-third of the base as
defined within the Florida Building Code;
d. Damage that results in the building, or any
portion of the building containing "primary
structural members” or "primary structural
systems", being significantly likely to
imminently collapse because of the
movement or instability of the ground within
tha inflianna zana nf tha eiinnarting araund
we foe Gots OF Wie Supporting grouna
within the sheer plane necessary for the
Purpose of supporting such building as
defined within the Florida Building Code; or
e. Damage occurring on or after October 15,
2005, that qualifies as "substantial structural
Page 4 of 31FEDNAT INSURANCE COMPANY
damage” as defined in the Florida Building
Code.
ntal claim or reopened claim” means
im for racavary fram ic for anv
a y for recovery from us for any
loss we previously adjusted pursuant to an
claim.
FNIC HO 00 03 (08 19)
21. “Unoccupied” means the dwelling is not being
inhabited as a residence.
22. “Vacant” means:
adequate furnishings, or utilities and services to
permit occupancy of the dwelling as a residence.
SECTION I- PROPERTY COVERAGES
COVERAGE A - Dwelling
1. We cover:
a. The dwelling on the “residence premises”
shown in the Declarations, including structures
attached to the dwelling; and
b. Materials and supplies located on or next to
the “residence premises” used to construct,
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.
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 dwelling, unless
used solely as a private garage;
c. Other structures from which any “business” is
conducted; or
d. Other structures used to store “business”
property. However, we do cover a structure
that contains “business” property solely owned
by an “insured” or a tenant of the dwelling
provided that “business” property does not
include gaseous or liquid fuel, other than fuel
in a permanently installed fuel tank of a vehicle
or craft parked or stored in the structure.
3. The limit of liability for this coverage will not be
more than the limit shown in the Declarations for
Coverage B. Use of this coverage does not reduce
the Coverage A limit of liability.
COVERAGE A - Dwelling and COVERAGE B —
Other Structures
Cosmetic and Aesthetic Damage to Floors —
Spec Limit of Liability. The total limit of liability for
A i
1, Cosmetic or aesthetic damage includes, but is not
limited to, chips, scratches, dents or any other
damage to less than 5% of the total floor surface
area and does not prevent typical use of the floor.
2. This limit includes the cost of tearing out and
replacing any part, of the building necessary to
repair ine damaged fiooring.
3. This limit does not increase the Coverage A or
Coverage B limits of liability shown in the
Declarations.
4. This limit does not apply to cosmetic or aesthetic
damage to floors caused by a Peril Insured Against
as named and described under COVERAGE C —
PERSONAL PROPERTY.
LUVERALL c- Personai Property
We cover personal property owned or used by an
“insured” while it is anywhere in the world. At your
request, we will cover personal property owned by:
4. Others while the property is on the part of the
“residence premises” occupied by an “insured”;
2. A guest or a "residence employee,” while the
property is in any residence occupied by an
“insured.”
Our limit of liability for personal property usually located
at an "insured's" residence, other than the "residence
premises," is 10% of the limit of liability for Coverage
C, or $1000, whichever is greater. Personal property in
a newly acquired principal residence is not subject to
this limitation for the 30 days from the time you begin
to move the property there.
Cnacial | imite af | ahi
Vpecia: units OF Kian
These limits do not increase the Coverage C limit of
liability. The special limit for each numbered category
below is the total limit for each loss for all property in
that category.
1. $200 on money, bank notes, bullion, gold other
than goldware, silver other than silverware,
platinum, coins and medals.
@4NN nn canuritiag aneninte daade avidancac
vivuy Cn Secures, accoums, Gecus, Cviucnccs
of debt, letters of credit, notes other than bank
notes, manuscripts, personal records, passports,
tickets and stamps. This dollar limit applies to
these categories regardless of the medium (such
as paper or computer software) on which the
material exists.
This limit includes the cost to research, replace or
restore the information from the lost or damaged
material.
3. $1000 on watercraft, including their trailers,
furnishings, equipment and outboard engines or
motors.
4. $1000 on trailers not used with watercraft.
bo
FNIC HO 00 03 (08 19) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 31FEDNAT INSURANCE COMPANY
5.
™
10.
11.
eZ.
13.
14,
15.
$1000 for loss by theft of jewelry, watches, furs,
precious and semi-precious stones.
$2000 for loss by theft of firearms.
@AENA Ene lane shane ae 0
$2500 107 16S by tet or Si
ware, goldware, gold-plated ware and pewterware.
This includes flatware, hollowware, tea sets, trays
and trophies made of or including silver, gold or
pewter.
$2500 on property, on the "residence premises,"
used at any time or in any manner for any
“business” purpose.
$250 on nronerty,
premises," used at any time or in any manner for
any “business” purpose. However, this limit does
not apply to loss to adaptable electronic apparatus
as described in Special Limits 10. and 11. below.
$1000 for loss to electronic apparatus, while in or
upon a motor vehicle or other motorized land
conveyance, if the electronic apparatus is
equipped to be operated by power from the
electrical system of the vehicle or conveyance
while retaining its capability of being operated by
other sources of power. Electronic apparatus
includes:
a. Accessories or antennas; or
b. Tapes, wires, records, discs or other media;
for use with any electronic apparatus described in
this Item 10.
$1000 for loss to electronic apparatus, while not in
or upon a motor vehicle or other motorized land
conveyance, if the electronic apparatus:
a. Is equipped to be operated by power from the
electrical system of the vehicle or conveyance
while retaining its capability of being operated
by other sources of power;
Is away from the “residence premises”; and
Is used at any time or in any manner for any
“business” purpose.
Electronic apparatus includes:
a. Accessories and antennas; or
b. Tapes, wires, records, discs or other media;
for use with any electronic apparatus described in
this Item 11.
CANAD Ene tn. ath,
SiGCG TGF 1GSS WG ait Gass windOWS ana Siner
works of art such as, but not limited to fine art,
statuary (including but not limited to Hummels),
marbles, bronzes, porcelains, rare glass, antiques,
and bric-a-brac.
$2500 for personal computers and related
peripherals such as disk drives, printers, and
commercial software. We will not pay for other
software or lost data.
$1000 for bicycles and related equipment.
$2000 for loss to any individual item or set of
electronic equipment covered under this policy
caused directly or indirectly by theft or vandalism
with a maximum limit of 10% of the total Coverage
FNIC HO 00 03 (08 19)
away fram the
say
16.
17.
18.
19.
FNIC HO 00 03 (08 19)
C limit of liability for all electronic equipment
covered. The electronic equipment includes, but is
not limited to:
Cameras and projectors.
Radios, sound playing and recording devices.
Video cassettes, records, video tape players,
compact disc players, DVD players, compact
discs, video discs and tapes.
Electronic data processing equipment and
storage media.
Electronic games, cartridges and accessories.
Microwave ovens (unless built-in).
Radio transmitting and receiving devices.
$5000 for loss to tools.
5% of the total Coverage C limit of liability for any
one item of unscheduled personal property.
$2500 on trading cards and comic books, including
any of these that are part of a collection.
$10,000 in the aggregate for loss by theft of any
Tug, carpet (except wall to wall carpet), tapestry,
wall-hanging or other similar article.
posy
°
sem
Property Not Covered.
We do not cover:
1.
ere
Includes copyrighted material of Insurance Services Office, Inc., with its permission
Articles separately described and _ specifically
insured in this or other insurance;
Animale hirde ar
Motor vehicles or all other motorized
conveyances. This includes:
a. Their equipment and accessories; or
b. Electronic apparatus that is designed to be
operated solely by use of the power from the
electrical system of motor vehicles or all other
motorized land conveyances. Electronic
annaratie inehidac:
Gpparaeus wroruacs.
(1) Accessories or antennas; or
(2) Tapes, wires, records, discs or other
media;
for use with any electronic apparatus
described in this Item 3.b.
The exclusion of property described in 3.a. and
3.b. above applies only while the property is in
of UpOT the Venice GF GonVEyance.
We do cover vehicles or conveyances not subject
to motor vehicle registration which are:
a. Used to service an "insured's" residence; or
b. Designed for assisting the handicapped;
Aircraft and parts. Aircraft means any contrivance
used or designed for flight, except model or hobby
aircraft not used or designed to carry people or
cargo;
Property of roomers, boarders and other tenants,
except property of roomers and boarders related to
an “insured”;
land
Page 6 of 31FEDNAT INSURANCE COMPANY
6. Property in an apartment regularly rented or held
for rental to others by an "insured," except as
provided in ADDITIONAL COVERAGES 10.;
fo others off the
7, Property rented or
“residence premises”;
8. “Business” data, including such data stored in:
a. Books of account, drawings or other paper
records; or
b. Electronic data processing tapes, wires,
records, discs or other software media;
However, we do cover the cost of blank recording
Gr Starag aia, aia oF pi ca Computer
programs available on the retail market; or
9. Credit cards or fund transfer cards except as
provided in ADDITIONAL COVERAGES 6.
COVERAGE D - Loss Of Use
We will pay 80% of the additional expenses you incur
for a “hurricane loss”, and 100% of the additional
expenses you incur for other losses, but no more than
tha Anunrann To limit af lnhilihy alam ta tha
me Coverage GO umn cr naomy Snown i We
Declarations for the following:
1. Additional Living Expenses, meaning any
necessary increase in living expenses incurred by
you so that your household can maintain its normal
standard of living when a loss covered under this
Section makes that part of the “residence
premises” where you reside not fit to live in.
repair or replace the damage or, if you permanently
relocate, the shortest time required for your
household to settle elsewhere.
2. Ifaloss covered under this 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, meaning the fair rental value of
that part of the “residence premises” rented to
others or held for rental by you less any expenses
that do not continue while the premises is not fit to
live in.
Payment will be for the shortest time required to
repair or replace that part of the premises rented
or held for rental.
3. If a civil authority prohibits you from use of the
“residence premises’ as a result of direct damage
to neighboring premises by a Peril Insured Against
in this policy, we cover the Additional Living
Expense and Fair Rental Value loss as provided
under 1. and 2. above for no more than two weeks.
The periods of time under 1., 2. and 3. above are not
limited by expiration of this policy.
We do not cover loss or expense due to cancellation of
a lease or agreement.
ADDITIONAL COVERAGES
1, Debris Removal
We will pay your reasonable expense for the re-
moval of:
FNIC HO 00 03 (08 19)
FNIC HO 00 03 (08 19)
a. Debris of covered property if a Peril Insured
Against that applies to the damaged property
causes the loss; or
bh. Ash, dust orn:
that has caused direct loss to a building or
property contained in a building.
This expense is included in the limit of liability that
applies to the damaged property. If the amount to
be paid for the actual damage to the property plus
the debris removal expense is more than the limit
of liability for the damaged property, an additional
5% of that limit of liability is available for debris
removal expense.
We will also pay your reasonable expense, up to
$500, for the removal from the “residence
premises” of:
a. Your tree(s) felled by the peril of Windstorm or
Hail
b. Your tree(s) felled by the peril of Weight of Ice,
Snow or Sleet; or
c. A neighbor's tree(s) felled by a Peril Insured
Against under Coverage C;
provided the tree(s):
d. Damages a covered structure; or
e. Do not damage a covered structure, but:
(1) Block a driveway on the “residence
premises” which prevents a “motor
from a vale:
, og: we
roads or property, from entering or leaving
the “residence premises”; or
(2) Block a ramp or other fixture designed to
assist a handicapped person to enter or
leave the dwelling.
The $500 limit is the most we will pay in any one
loss regardless of the number of fallen trees.
“Emarnancy atinn Sarvirac”
simergene, Mra worvrcce
a. Your coverage for “Emergency Mitigation Ser-
vices’ is limited to the greater of $3,000 or 1%
of your Coverage A limit of liability for the rea-
sonable cost of “Emergency Mitigation Ser-
vices” unless you or your assignee submits a
written request for an increase. We must be
allowed to inspect the damage before any
work in excess of $3,000 or 1% of your Cover-
age A limit of liability begins, and approve the
scope and amount of the work before it takes
place. We will respond to you or your assignee
within forty-eight (48) hours of your or your as-
signee(s)’ request to us to exceed the greater
of $3000 or 1% of your Coverage A limit of lia-
bility.
b. The written request must include supporting
documents and be seni by facsimile to 1(954)
416-7216, or electronic mail to
claimdocs@fednat.com. We will make such
determination for an increase above the limit
in a. above based upon submission of the
following supporting documentation:
Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 31FEDNAT INSURANCE COMPANY
@
(1) The date the request is submitted to us;
(2) The identity of all Named Insureds;
(3) The identity and contact information of
any and all Assianees
(4) Acomplete and executed copy of all As-
signments of Claim Benefits;
(5) The date of loss;
(6) The address where loss occurred;
(7) Description of loss and location of dam-
ages;
(8) All photographs, videos, moisture read-
ings, and work logs that demonstrate the
damage and work performed up to ine
time of the request;
(9) Itemized estimate of proposed “Emer-
gency Mitigation Services";
(10) Estimated timeframe of completion; and
(11) All other information or documentation
reasonably requested.
In such circumstance, we will pay onl up 7
the a nal costs for “Emerner
Services” that we authorize. ‘Any amounts
above and beyond the approved additional
costs shall not be paid or payable. If we fail to
approve or deny your or your assignee(s)’ re-
quest within forty-eight (48) hours of such re-
quest to us and the damage or loss is caused
by a Peril Insured Against, you may exceed the
amount in a. to perform the “Emergency Miti-
gation Services” but no more than the reason-
able cost.
c. If however, hurricane coverage is part of your
Policy and a covered loss occurs during a “hur-
ricane occurrence’, the amount we pay under
this additional coverage is not limited to the
amount in a. above.
d. “Emergency Mitigation Services” under this
ADDITIONAL COVERAGE 2. “ may inciuae a
permanent repair only when necessary to pro-
tect the covered property from further damage
or to prevent unwanted entry to the property.
e. To the degree reasonably possible, all dam-
aged property must be retained for us to in-
spect.
f. This coverage does not:
(1) increase the lini OF NaDNIty Tat appies 10
the covered property;
(2) Relieve you of your duties, in case of a
loss to covered property, as set forth in
SECTION I - CONDITIONS 2.;
(3) Pay for property not covered, or for repairs
resulting from a peril not covered, or for
loss excluded in this Policy.
S, SAruDs ana Ou
We cover trees, shrubs, plants or lawns, on the
"residence premises," for loss caused by the fol-
lowing Perils Insured Against: Fire or lightning, Ex-
plosion, Riot or civil commotion, Aircraft, Vehicles
FNIC HO 00 03 (08 19)
Includes copyrighted material of Insurance Services Office, Inc., with its permission
FNIC HO 00 03 (08 19)
not owned or operated by a resident of the "resi-
dence premises," Vandalism or malicious mischief
or Theft.
We
nay un to 5% of th
my My
applies to the dwelling for all trees, shrubs, plants
or lawns. No more than $500 of this limit will be
available 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 assumed
by c contract or aoreament for denartment
charges incurred when the fire departmentis 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
furnishing the fire department response.
This coverage is additional insurance. No
deductible applies to this coverage.
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 liability that
applies to the property being removed.
Credit Card, Fund Transfer Card, Forgery and
Counterfeit Money
We will pay up to $500 for:
a. The legal obligation of an “insured” to pay
because of the theft or unauthorized use of
credit cards issued to or registered in an
“insured's" name;
b. Loss resulting from theft or unauthorized use
of a fund transfer card used for deposit,
withdrawal or transfer of funds, issued to or
registered in an "insured's" name;
c. Loss to an “insured” caused by forgery or
alteration of any check or negotiable
instrument; and
d. Loss to an “insured” through acceptance in
good faith of counterfeit United States or
Canadian paper currency.
We do not cover use of a credit card or fund
transfer card:
a. Bya resident of your household;
b. By a person who has been entrusted with
either type of card; or
c. If an “insured” has not complied with all terms
and conditions under which the cards are
issued.
All loss resulting from a series of acts committed
by any one person or in which any one person is
concerned or implicated is considered to be one
loss.
Page 8 of 31FEDNAT INSURANCE COMPANY
We do not cover loss arising out of “business” use
or dishonesty of an "insured."
This verage is additional insurance. No
Defense:
a. We may investigate and settle any claim or suit
that we decide is appropriate. Our duty to
defend a claim or suit ends when the amount
we pay for the loss equals our limit of liability.
b. If a suit is brought against an “insured” for
liability under the Credit Card, Fund Transfer
Card, Forgery and Counterfeit Money
coverage, we will provide a defense at our
expense by counsel of our choice.
c. We have the option to defend at our expense
an “insured” or an "insured's" bank against any
suit for the enforcement of payment under the
Forgery coverage.
7. Loss Assessment
We 1
assessment charged
against you by a corporation or association of
property owners, when the assessment is made as
a result of direct loss to the property, owned by all
members collectively, caused by a Peril Insured
Against under COVERAGE A -— DWELLING, other
than earthquake or land shock waves or tremors
before, during or after a volcanic eruption.
This coverage applies only to loss assessments
charged against you as owner or tenant of the
“residence premises."
We do not cover loss assessments charged
against you or a corporation or association of
property owners by any governmental body.
The limit of $1000 is the most we will pay with
respect to any one loss, regardless of the number
of assessments.
Condition 1. Policy Period, under SECTIONS |
AND Il CONDITIONS, does not apply to this
coverage.
8. Collapse
a. With respect to this ADDITIONAL
COVERAGE:
(1) Collapse means an abrupt falling down or
caving in of a building or any part of a
building with the result that the building, or
part of the building, cannot be occupied for
its intended purpose.
A building or any part of a building that is
in danger of falling down or caving in is not
considered to be in a state of collapse.
A part of a building that is standing is not
considered to be in a state of collapse
even if it has separated from another part
of the building.
A building that is standing or any part of a
building that is standing is not considered
(2)
3)
(4)
FNIC HO 00 03 (08 19)
FNIC HO 00 03 (08 19)
to be in a state of collapse even if it shows
evidence of cracking, bulging, sagging,
bending, leaning, settling, shrinkage or
expansion.
b. We insure for direct physical loss to covered
property involving collapse of a building or any
part of a building if the collapse was caused by
one or more of the following:
(1) Perils Insured Against in COVERAGE C —
PERSONAL PROPERTY. These perils
apply to covered buildings and personal
property for loss insured by this additional
coverage;
(2) Decay that is hidden from view, unless the
presence of such decay is known to you
prior to collapse;
(3) Insect or vermin damage that is hidden
from view, unless the presence of such
damage is known to you prior to collapse;
(4) Weight of contents, equipment, animals or
people;
(5) Weight of rain which collects on a roof; or
(6) Use of defective material or methods in
construction, remodeling or renovation if
the collapse occurs during the course of
the construction, remodeling or
renovation.
Loss to an awning, patio, pavement, swimming
pool, underground pipe, flue, drain, cesspool,
septic tank, foundation, retaining wall,
bulkhead, pier, wharf or dock is not included
under Items b. (2), (3), (4), (5), and (6) above
unless the loss is a direct result of the collapse
of a buildi
Preview
wes CASE NUMBER: 502021CA005610XXXXMB Div: AF **** Filing # 125991415 E-Filed 05/02/2021 05:53:51 PM MEL OKFEFFF & MAURFFENOKEFFFE, IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN Petitioners, AND FOR PALM BEACH COUNTY, FLORIDA v. FEDNAT INSURANCE COMPANY, CASE NO.: DIVISION: Respondent. PETITION FOR DECLARATORY RELIEF Petitioners, MEL OKEEFFE & MAUREEN OKEEFFE, by and through the undersigned counsel, files the foregoing Petition for Declaratory Relief against Respondent, FEDNAT INSURANCE COMPANY, and in support thereof alleges as follows: JURISDICTION AND PARTIES 1. This is an action seeking a declaratory judgment concerning real property. 2. This Court has jurisdiction pursuant to Fla. Stat. §86.011. 3. Petitioner is a resident of Palm Beach County, Florida and are otherwise sui juris. 4. The Insurance Company is a Florida Corporation who sells homeowner insurance policies in Palm Beach County, Florida. 5. The real property that is insured by the Insurance Company and is the subject matter of this lawsuit is located in Paim Beach County, Fiorida. 6. The facts giving rise to Petitioner’s cause of action accrued in Palm Beach County, Florida. 7. In light of the above, venue is appropriate in Palm Beach County, Florida. GENERAL ALLEGATIONS 1 CHUENM. DAL AA RCACUCALINTY CI INCCDU ARDIIFIN CLODY NEINDINNGA NE £2.84 DAA Pm. PAL DLA VUUINE TT, PL, JUOL IE mDnNUueey, ULLIAN, Yuruei2ue |! U.yu.g toi8. In exchange for premiums paid by Petitioners, the Insurance Company issued Petitioners a policy of insurance, policy number FE-0000660589-05 (“POLICY”), which provided for homeowner’s insurance coverage for Petitioners’ home located at 22048 Aqua Ct., Boca Raton, FL 33428 (“PROPERTY”). A copy of the POLICY is attached hereto as Exhibit “A.” 9. The POLICY issued to Petitioners is an “all-risk” policy that covers all fortuitous loss or damage unless the policy expressly excludes the loss from coverage or the loss results from willful misconduct or fraudulent acts of the insured. 10. At.all times material hereto, the above described insurance policy was in full force and effect. 11. On or about November 8, 2020, Petitioners reported to the Insurance Company that a loss occurred at the PROPERTY resulting in physical damage to the PROPERTY as a result of Tropical Storm Eta. 12. |The damage which occurred is covered under the insurance policy issued by the Insurance Company. 13. Petitioners iimeiy reporied the subjeci insurance ciaim to ihe insurance Company. 14. The Insurance Company acknowledged Petitioner's’ notification of their insurance claim and assigned claim number HO0521346530. 15. | Upon discovering the loss, the Petitioners took reasonable steps to protect the PROPERTY from further damage.16. Petitioners provided the Insurance Company with all information necessary for the Insurance Company to make a coverage determination as to Petitioners’ insurance claim. 17. Further, Petitioners have contacted the Insurance Company on numerous occasions to inquire into the status of her claim; however, the Insurance Company has not issued any payment to Petitioners and have not informed Petitioners of its coverage decision as required by the POLICY and Florida law. 18. Petitioners have performed all conditions precedent to recovery under the subject insurance policy. Otherwise, any such conditions have been waived by the Insurance Company. 19. The Insurance Company failed to provide Petitioners with notice of the right to attend mediation pursuant to Fla. Stat. §627.7015(2). 20. The Insurance Company has not provided a Homeowner Bill of Rights to Petitioner. COUNT I - DECLARATORY JUDGMENT Zi. Over ninety (30) days after ine insurance Company received reporting of Petitioners’ claim, the Insurance Company has not yet made payment for the damages under the POLICY nor has the Insurance Company advised Petitioners of a coverage decision for the reported loss. 22. |The Insurance Company has not explained the basis of the claim delay to the Petitioners and has left the Petitioners wholly in the dark about their claim.23. The Insurance Company has not requested any further information from the Petitioners as a precondition of issuing payment for covered damages or for a coverage decision. 24. The subject POLICY contains a provision requiring that the Insurance Company issue payment or a coverage decision with 90 days of the reporting of the claim and the Insurance Company has failed to do so. 25. Further, Fla. Stat. §627.70131(5)(a) provides in pertinent part: Within 90 days after an insurer receives notice of an initial, reopened, or supplemental property insurance claim from a policyholder, the insurer shall pay or deny such claim or a portion of the claim unless the failure to pay is caused by factors beyond the control of the insurer which reasonably prevent such payment. 26. There were no factors beyond the Insurance Company’s control that reasonably prevented a claims decision or payment to the Petitioners within ninety (90) days of receiving notice of the claim. 27. Nevertheless, as of the date of this Complaint, the Insurance Company has not complied with the POLICY or Fla. Stat. §627.70131(5)(a). 28. Accordingly, the Insurance Company’s actions have made the Petitioners unsure of the Parties’ rights, obligations and duties with regard to the subject POLICY and Florida law and Petitioners wishes that the Insurance Company be in full an wth tha DALIAN ana Flan ae ICE WIL WIG PULIVT atu rionua raw. 29. The Insurance Company's failure to make payment or acknowledge coverage for the insurance claim within 90 days as required by the POLICY and Florida law, there is an actual conflict between the Parties which can be determined from the facts asserted herein.30. The Insurance Company’s apparent failure to comply with the terms of the of the subject POLICY and Florida law has created the need for a declaration by this Court on the following issues: a. Whether the Insurance Company failed to comply with its obligations under the subject POLICY and Florida law with regard to the Petitioners’ insurance claim. b. Whether there were any factors beyond the Insurance Company’s control that reasonably prevented payment or a coverage decision within 90 days after receipt of the notice of the Petitioner's insurance claim. 31. | Based on the facts set forth above, the Petitioners are in doubt about the rights and obligations of the Parties under the subject POLICY and Florida law and requires a determination by this Court concerning the right to a coverage decision and/or claim payment for the subject insurance claim. 32. The Petitioners have filed this request for declaratory relief seeking the Court’s construction of the insurance policy and Florida law along with a determination of certain facis as authorized by Fia. Siai. §86.077. 33. Pursuant to Florida’s Declaratory Judgment Statutes, this Court has the jurisdiction and power to construe relations that are affected by the construction of an insurance policy and issue a declaratory judgment with regard to same. 34. Asa result of the Insurance Company’s refusal to perform its obligations under the terms and conditions of the insurance policy and Florida statues, the Petitioner has incurred damages and will continue to incur damages.35. Due to the Insurance Company's refusal to perform its obligations under the terms and conditions of the insurance policy and Florida statutes, Petitioners were forced to retain the services of Schatzman & Hovanyecz, P.A. for the purpose of prosecuting the instant lawsuit and such attorneys are entitled to reasonable attorney fees pursuant to Fla. Stat. §627.428. WHEREFORE, the Petitioners prays that this Honorable Court take jurisdiction of this matter and declare the Parties’ rights and duties under the POLICY, including but not limited to: A. The Parties’ rights, duties and obligations under the POLICY and Florida law as pled herein; B. For an award of reasonable attorney fees and costs for the necessity of Petitioners retaining counsel to present this action; C. For reservation of jurisdiction to enter such further orders as may be required to enforce this Court's declaration of the Parties’ rights; and, or any other relief that this Court deems just, proper and equitable ([Cantinuad an tha falinuwinn nana) (VonunUGa Or ure rnGwing pags;DEMAND FOR JURY TRIAL Petitioner hereby demands trial by jury on all issues so triable under Florida law. SCHATZMAN & HOVANYECZ, P.A. 3475 Sheridan Street, #206 Hollywood, Florida 33021 Tel: (954) 418-2296 www.shlawpa.com Email service: service@shlawpa.com /s/ Zoltan Hovanyecz Zoltan Hovanyecz, Esq. FBN: 83386 lan Schatzman, Esq. FBN: 44913FEDNAT INSURANCE COMPANY he Fort Lauderdale, FL 33340 FED /A NAT Claims: 1-800-293-2532 Homeowner Declaration Page INSURANCE COMPANY Service: Contact Your Agent Listed Below Policy Number Policy Period 12:01 AM Standard Time Endorsement Declaration Agent Code FE-0000660589-05 FROM 5/20/2020 TO 5/20/2021 EFFECTIVE: 5/26/2020 12269 Endorsement Reason: add finance co. | Named Insured and Mailing | Location of Residence Premises: | Agent: Address: 22048 Aqua Ct Riteway Insurance Mel Okeefe & Maureen Okeeffe y 22048 Aqua Ct Boca Raton, FL. 33428 475 N. Federal Hwy Boca Raton, FL. 33428 Boca Raton, FL. 33432 Phone: (561) 338-6222 Coverage is only provided where a premium and a limit of liability is shown. HURRICANE DEDUCTIBLE: 2% of coverage A / $7,700 ALL OTHER PERILS DEDUCTIBLE: $2,500 SINKHOLE LOSS DEDUCTIBLE: N/A SECTION | -PROPERTY COVERAGES LIMIT OF LIABILITY ANNUAL PREMIUM A-— Dwelling $ 385,000 $ 8,017.00 B— Other Structures $ 19,250 INCL C~ Personal Property $1 92,500 INCL D-Loss of Use 2 11,uuU INUL SECTION II — LIABILITY COVERAGES E - Personal Liability $300,000 $ 30.00 F —Medical Payments. $1,000 INCL OPTIONAL COVERAGES Loss Assessment $1,000 INCL Limited Funai, Wet or Dry Rot, or Bacteria (Liability) $50,000 INCL Limited Fungi, Wet or Dry Rot, or Bacteria (Property) $10,000 INCL Water Back Up and Sump Overflow $5,000 $ 25.00 Refrigerated Personal Property $500 $ 10.00 Renewal Premium Increase Limitation $- 329.00 Personal Property Replacement Cost $1202.55 Deductible $- 262.48 as 7 i ORO. af enverana A INIOL Ordinance or Law Coverage Sy rel ewer aa Wwe Age of Dwelling $ 500.45 Loss History Surcharge $ 727.58 Windstorm Loss Mitigation Devices $-5203.87 FNIC HO 9 (01. 19)FEDNAT INSURANCE COMPANY PO BOX 407193 FED } : ¢ N TAL Fort Lauderdale, FL 33340 Homeowner Declaration Page Claims: 1-800-293-2532 INSURANCE COMPANY [ Policy Number | Policy Period 12:01 AM Standard Time | Endorsement Declaration | AgentCode | FE-0000660589-05 FROM 5/20/2020 TO 5/20/2021 EFFECTIVE: 5/26/2020 | 12269 Endorsement Reason: add finance co. MANDATORY ADDITIONAL CHARGES. Emarmanny Mananamant Dranaradnace And Recictant tot Laine @ 900 Emergency Management 1 reparcuness miu mosisiane ust rund 9 2.00 Policy Fee (Fully Earned) $ 25.00 2005 Citizens Property Insurance Corporation Recoupment $ 0.00 Florida Hurricane Catastrophe Fund Emergency Assessment $ 0.00 TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES $4,744.00 Insured Note: The portion of your premium for Hurricane Coverage is: $1,316.16 The portion of your premium for Non-Hurricane Coverage is: $3,400.84 FNIC HO 9 (01 19)FEDNAT INSURANCE COMPANY PO BOX 407193 FED } : ¢ N TAL Fort Lauderdale, FL 33340 Homeowner Declaration Page Claims: 1-800-293-2532 INSURANCE COMPANY [ Policy Number | Policy Period 12:01 AM Standard Time [_Endorsement Declaration | AgentCode__| FE-0000660589-05 FROM 5/20/2020. TO 5/20/2021 EFFECTIVE: 5/26/2020 12269 Endorsement Reason: add finance co. Forms and Endorsements Applicable to this Policy: FNIC HO 00 03 (08/19), FNIC HOPL (07/18), HO 04 98 (04/91), FNIC HO 61 (02/14) The Total Charge for this Endorsement is: $0.00 Rating Information for your policy: Form Type Year Built / Town / Row | Construction BCEGS Territory Wind /Hail | Mun Code Verified House Type Exclusion Fire / Police HO-3 1991 NO Masonry 99 380 NO 999/999 County Occupancy Use No. of Families | Protection Class | Distto Hydrant | Dist to Fire Station Palm Beach Owner Primary 1 3 1000 ft 5 mi L L L L L Protective Device Credits No Dec or Prior Seasonal Surcharge Age of Home Surcharge Burglar Alarm | Fire Alarm | Sprinkler Insurance Surcharge / Credit NO NO — NA NIA YES Terrain Building Type Roof Cover Roof Deck Attachment Roof-Wall Connection Terrain B Dwelling (A) FBC Equivalent (C) 8d @ 6in/ 6in (C) Single Wrap Secondary Water Roof Shane Opening Protection FRC Wind Sneed FRC Wind Design Resistance (B) No (B) Other (L) Unknown or 120+ mph 420 mph Lindatarminad A premium adjustment of $___$-5203.87_ is included to reflect the building’s wind loss mitigation features or construction techniques that exist. Credits range from 0% to 90%. Apremium adjustment of $__$ 0.00 ___ is included to reflect the building code grade for your area. Adjustments range from a 5% surcharge to a 46% credit. AUTHORIZED BY: GORDON JENNINGS ¢ NAME SIGNATURE FNIC HO 9 (01 19)FEDNAT INSURANCE COMPANY PO BOX 407193 re) CNAT Fort Lauderdale, FL 33340 Homeowner Declaration Page Claims: 1-800-293-2532 INSURANCE COMPANY [ Policy Number | Policy Period 12:01 AM Standard Time [ Endorsement Declaration | Agent Code | 2 biz6/202 FE-0000660589-05 FROM 5/20/2020 TO 5/20/2021 eee 9/26/2020 | 42269 Endorsement Reason: add finance co. PLEASE VISIT FEDNAT.COM TO VIEW YOUR APPLICABLE POLICY FORMS AND ENDORSEMENTS. CLICK CUSTOMER SERVICE FOLLOWED BY INSURED LOGIN OR TYPE THIS URL INTO YOUR INTERNET BROWSER HTTP://WWW.FEDNAT.COM/CUSTOMER-SERVICE/INSURED-LOGIN. YOU HAVE THE RIGHT TO REQUEST AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR POLICY AND ENDORSEMENTS BY CONTACTING YOUR AGENT OR CALLING CUSTOMER SERVICE AT (800) 293-2532. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT. YOUR POLICY PROVIDES COVERAGE FOR CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. FNIC HO 9 (01 19)FEDNAT INSURANCE COMPANY FNIC HO 00 03 (08 19) HOMEOWNERS 3 - SPECIAL FORM BLE OF CONTENTS AGREEMENT. DEFINITIONS SECTION |- PROPERTY COVERAGES COVERAGE A — Dwelling........ COVERAGE B — Other Structures COVERAGE A — Dwelling and COVERAGE B — Other Structures COVERAGE C - Personal Property . Special Limits of Liability. ADDITIONAL COVERAGES Debris Removal ... “Emergency Mitigation Services” Trees, Shrubs and Other Plants . Fire Department Service Charge Property Remove Credit Card, Fund Loss Assessment. Collapse.... Glass Or Safety Glazing Material 10. Landlord's Furnishings. 11. Ordinance Or Law.... 12. “Fungi”, Wet Or Dry Rot, Or Bacteria eeetina! prone menpen acamic SEU HUNT — PEnILS INOUNEL AGAINS COVERAGE A— DWELLING and COVE! COVERAGE C — PERSONAL PROPERTY SECTION | - EXCLUSIONS....... Ordinance Or Law....... Earth Movement and Settlement, Water Damage... POMONA RWN> Intentional Loss, Continuous or repeated seepage or leakage of water or steam Criminal or Illegal Activity “Hurricane Loss” to: Loss Caused by “Sinkhole’ “Fungi”, Wet Or Dry Rot, Or Bacteria, Existing Damage, meaning...... o. Home Sharing/Bed and Breakfast. SECTION I - CONDITIONS... 1. Insurable Interest and Limit of Liabil 2. Duties After Loss ..... a. Your Duties After Loss......... b. Assignee(s)’ Duties After Loss. Loss Settlement Loss to a Pair or Set Glass Replacement. Mediation Or Appraisal Other Insurance....... PR UAT SO Fesgao sD NOR w FNIC HO 00 03 (08 19) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 31FEDNAT INSURANCE COMPANY FNIC HO 00 03 (08 19) 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. SECTION Il — LIABILITY COVERAGES COVERAGE E — Personal Liability... COVERAGE F — Medical Payments To Others. SECTION Il - EXCLUSIONS... 1. 2 3. SECTION II - ADDITIONAL COVERAGES .. 1. 2. 3. 4, SECTION Il - CONDITIONS. 1. PNOARYON SECTIONS | AND Il - CONDITIONS. Suit Against Us. Our Option. Loss Paymen' Abandonment of Property. Moiigage Ciause. No Benefit to Bailee. Nuclear Hazard Claus: Recovered Property... Volcanic Eruption Perio Report Increased Values. Calendar Year Hurricane Deductible. Loss by Windstorm during a Hurricane Hurricane Described ... Calendar Year Hurricane Deductible Described Application of Calendar Year Hurricane Deductib! Coverage E — Personal Liability and Coverage F — Medical Payments to Others... Coveraae E — Personal Lial Coverage F - Medical Payments to Others, Claim Expenses First Aid Expense: Damage to Property of Others. Loss Assessment... Limit Of Liability ....... Severability of Insurance. Duties After Loss. ....... Duties of an Injured Person — Coverage F — Medical Payments to Others. Payment of Claim — Coverage F — Medical Payments to Others. Suit Against Us. ... Bankruptcy of an Insure: Other Insurance — Coverage E — Personal Liability. Poitcy Period. Concealment Or Frau Liberalization Clause. Waiver or Change of Policy Provisions. Renewal Notification Notification Regarding Access..... Change in Occupancy or Usage of “Residence Premises. FNIC HO 00 03 (08 19) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 31FEDNAT INSURANCE COMPANY FNIC HO 00 03 (08 19) HOMEOWNERS 3 SPECIAL FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS In this policy, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident of the same household. "We," "us" and “our" refer to the Company providing this insurance. In addition, certain words and phrases are defined as follows: 1. FNIC HO 00 03 (08 19) “Bodily injury’ means bodily harm, sickness or disease, including required care, loss of services and death that results. “Business” includes trade, profession or occupation. “Catastrophic Ground Cover Collapse” means geological activity that results in all of the following: a. The abrupt collapse of the ground cover; b. A depression in the ground cover clearly visible to the naked eye; ca “Structural damage” to the “principal building” insured under this policy, including the foundation; and d. The “principal. building” ~—_— being condemned and ordered to be vacated by the governmental agency authorized by law to issue such an order for that “principal building”. “Emergency Mitigation Services” means necessary measures taken to prevent covered property from further damage, when the damage or loss is caused by a Peril Insured Against. “Fungi” a. “Fungi” means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. Under Section Il, this does not include any “fungi” that are in, on, or are contained in, a good or product intended for consumption. “Hurricane loss” means any loss resulting from the peril of windstorm caused by a “hurricane oc- currence”. “Hurricane occurrence” A “hurricane occurrence”: a. Begins at the time a hurricane watch or warning is issued for any part of Florida by Includes copyrighted material of Insurance Services Office, Inc., with its permission the National Hurricane Center of the National Weather Service; b. Continues for the time period during which the hurricane conditions exist anywhere in Florida; and c. Ends 72 hours following the termination of the last hurricane watch or hurricane warning issued for any part of Florida by the National Hurricane Center of the National Weather Service. “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 under the age of: (1) 24 and your relative; or (2) 21 and in your care or the care of the person described in 7.a. (1) above; or Under Section Il, “insured” also means: ¢. With respect to watercraft to which this policy applies, any person or organization legally responsible for watercraft which is owned by you or any person included in 7.a. or 7.b. above. A person or organization using or having custody of watercraft in the course of any “business” or without consent of the owner is not an “insured”. d. With respect to any vehicle to which this policy applies: (1) Persons while engaged in your employ or that of any person included in 8.a. or 8.b. above; or (2) Other persons using the vehicle on an “insured location” with your consent. “Insured location” means: a. The “residence premises”; b. The part of other premises, other structures and grounds used by you as a residence and: (1) Which is shown in the Declarations; or Page 3 of 31FEDNAT INSURANCE COMPANY 10. 11. 12. 13. 14, 15. 16. 17. (2) Which is acquired by you during the policy period for your use as a residence; c. Any premises used by you in connection with in Qa and Qh ahava: in Oa. and 2B, above; d. Any part of a premises; (1) Not owned by an “insured”; and (2) Which is acquired by you during the policy period for your use as a residence e. Vacant land, other than farm land, owned by or rented to an “insured”; f. Land owned by or rented to an “insured” on which a one or iwo family dweiling is being built as a residence for an “insured”; g- Individual or family cemetery plots or burial vaults of an “insured”; or h. Any part of a premises occasionally rented to an “insured” for other than “business” use. “Occurrence” means an accident, including continuous or repeated exposure to substantially the same generai harmful conditions, which results, during the policy period, in: a. “Bodily injury”; or b. "Property damage.” “Personal watercraft” means watercraft designed to carry one to three people propelled by a water Jet pump powered by an internal combustion engine and capable of speeds greater than 25 MPH. Personai waiercrait inciude but are not limited to watercraft often referred to as jet skis, wave runners and similar watercraft. "Primary structural member" means a structural element designed to provide support and stability for the vertical or lateral loads of the overall structure. "Primary structural system" means an assembiage of "primary Stuctural Memoeis”. “Principal building” means the dwelling where you reside on the “residence premises” shown in the Declarations, not including other structures, driveways, sidewalks, walkways, decks, or patios. Patios and decks are covered if it is an extension of the foundation and made of the same material or under the same roof line of the “principal building”. “Property damage” means physical injury to, de- struction of, or loss of use of tangible property. “Residence employee” means: a. An employee of an “insured” whose duties are related to the maintenance or use of the “residence premises,” including household or domestic services; or bh, One who performs s not related to the “business” of an "insure “Residence premises” means: a. The one family dwelling, other structures, and grounds; or r diitiae aleawhara FNIC HO 00 03 (08 19) 18. 19. Includes copyrighted material of Insurance Services Office, Inc., with its permission FNIC HO 00 03 (08 19) b. That part of any other building; where you reside and which is shown as the “residence premises’ in the Declarations. an £ SO MEANS & two 1 dwelling where you reside in at least one of the family units and which is shown as the “residence premises” in the Declarations. “Screen enclosure” means any structure, including frames, screen material, footings, supports or anchors of the enclosure whether or not attached to a dwelling, enclosed by screens on more than one side, otherwise open to the weather, and not constructed and covered by the same or substantially the same materials as that of the “residence premises’. "Structural damage" means a "principal building", regardless of the date of its construction, has experienced the following: a. Interior floor displacement or deflection in excess of acceptable variances as defined in ACI 117-90 or the Florida Building Code, which results in settlement-related damage to the interior such that the interior building structure or members become unfit for service or represent a safety hazard as defined within the Florida Building Code; b. Foundation displacement or deflection in excess of acceptable variances as defined in ACi 318-95 or the Florida Buiiding Code, which results in settlement-related damage to the “primary structural members" or “primary structural systems" that prevents those members or systems from supporting the loads and forces they were designed to support to the extent that stresses in those “primary structural members" or "primary structural systems" exceed one and one-third the nominal strength allowed under the Florida Building Code for new buildings of similar structure, purpose or location; c. Damage that results in listing, leaning or buckling of the exterior load-bearing walls or other vertical "primary structural members" to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base as defined within the Florida Building Code; d. Damage that results in the building, or any portion of the building containing "primary structural members” or "primary structural systems", being significantly likely to imminently collapse because of the movement or instability of the ground within tha inflianna zana nf tha eiinnarting araund we foe Gots OF Wie Supporting grouna within the sheer plane necessary for the Purpose of supporting such building as defined within the Florida Building Code; or e. Damage occurring on or after October 15, 2005, that qualifies as "substantial structural Page 4 of 31FEDNAT INSURANCE COMPANY damage” as defined in the Florida Building Code. ntal claim or reopened claim” means im for racavary fram ic for anv a y for recovery from us for any loss we previously adjusted pursuant to an claim. FNIC HO 00 03 (08 19) 21. “Unoccupied” means the dwelling is not being inhabited as a residence. 22. “Vacant” means: adequate furnishings, or utilities and services to permit occupancy of the dwelling as a residence. SECTION I- PROPERTY COVERAGES COVERAGE A - Dwelling 1. We cover: a. The dwelling on the “residence premises” shown in the Declarations, including structures attached to the dwelling; and b. Materials and supplies located on or next to the “residence premises” used to construct, 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. 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 dwelling, unless used solely as a private garage; c. Other structures from which any “business” is conducted; or d. Other structures used to store “business” property. However, we do cover a structure that contains “business” property solely owned by an “insured” or a tenant of the dwelling provided that “business” property does not include gaseous or liquid fuel, other than fuel in a permanently installed fuel tank of a vehicle or craft parked or stored in the structure. 3. The limit of liability for this coverage will not be more than the limit shown in the Declarations for Coverage B. Use of this coverage does not reduce the Coverage A limit of liability. COVERAGE A - Dwelling and COVERAGE B — Other Structures Cosmetic and Aesthetic Damage to Floors — Spec Limit of Liability. The total limit of liability for A i 1, Cosmetic or aesthetic damage includes, but is not limited to, chips, scratches, dents or any other damage to less than 5% of the total floor surface area and does not prevent typical use of the floor. 2. This limit includes the cost of tearing out and replacing any part, of the building necessary to repair ine damaged fiooring. 3. This limit does not increase the Coverage A or Coverage B limits of liability shown in the Declarations. 4. This limit does not apply to cosmetic or aesthetic damage to floors caused by a Peril Insured Against as named and described under COVERAGE C — PERSONAL PROPERTY. LUVERALL c- Personai Property We cover personal property owned or used by an “insured” while it is anywhere in the world. At your request, we will cover personal property owned by: 4. Others while the property is on the part of the “residence premises” occupied by an “insured”; 2. A guest or a "residence employee,” while the property is in any residence occupied by an “insured.” Our limit of liability for personal property usually located at an "insured's" residence, other than the "residence premises," is 10% of the limit of liability for Coverage C, or $1000, whichever is greater. Personal property in a newly acquired principal residence is not subject to this limitation for the 30 days from the time you begin to move the property there. Cnacial | imite af | ahi Vpecia: units OF Kian These limits do not increase the Coverage C limit of liability. The special limit for each numbered category below is the total limit for each loss for all property in that category. 1. $200 on money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum, coins and medals. @4NN nn canuritiag aneninte daade avidancac vivuy Cn Secures, accoums, Gecus, Cviucnccs of debt, letters of credit, notes other than bank notes, manuscripts, personal records, passports, tickets and stamps. This dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the material exists. This limit includes the cost to research, replace or restore the information from the lost or damaged material. 3. $1000 on watercraft, including their trailers, furnishings, equipment and outboard engines or motors. 4. $1000 on trailers not used with watercraft. bo FNIC HO 00 03 (08 19) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 31FEDNAT INSURANCE COMPANY 5. ™ 10. 11. eZ. 13. 14, 15. $1000 for loss by theft of jewelry, watches, furs, precious and semi-precious stones. $2000 for loss by theft of firearms. @AENA Ene lane shane ae 0 $2500 107 16S by tet or Si ware, goldware, gold-plated ware and pewterware. This includes flatware, hollowware, tea sets, trays and trophies made of or including silver, gold or pewter. $2500 on property, on the "residence premises," used at any time or in any manner for any “business” purpose. $250 on nronerty, premises," used at any time or in any manner for any “business” purpose. However, this limit does not apply to loss to adaptable electronic apparatus as described in Special Limits 10. and 11. below. $1000 for loss to electronic apparatus, while in or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power. Electronic apparatus includes: a. Accessories or antennas; or b. Tapes, wires, records, discs or other media; for use with any electronic apparatus described in this Item 10. $1000 for loss to electronic apparatus, while not in or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus: a. Is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power; Is away from the “residence premises”; and Is used at any time or in any manner for any “business” purpose. Electronic apparatus includes: a. Accessories and antennas; or b. Tapes, wires, records, discs or other media; for use with any electronic apparatus described in this Item 11. CANAD Ene tn. ath, SiGCG TGF 1GSS WG ait Gass windOWS ana Siner works of art such as, but not limited to fine art, statuary (including but not limited to Hummels), marbles, bronzes, porcelains, rare glass, antiques, and bric-a-brac. $2500 for personal computers and related peripherals such as disk drives, printers, and commercial software. We will not pay for other software or lost data. $1000 for bicycles and related equipment. $2000 for loss to any individual item or set of electronic equipment covered under this policy caused directly or indirectly by theft or vandalism with a maximum limit of 10% of the total Coverage FNIC HO 00 03 (08 19) away fram the say 16. 17. 18. 19. FNIC HO 00 03 (08 19) C limit of liability for all electronic equipment covered. The electronic equipment includes, but is not limited to: Cameras and projectors. Radios, sound playing and recording devices. Video cassettes, records, video tape players, compact disc players, DVD players, compact discs, video discs and tapes. Electronic data processing equipment and storage media. Electronic games, cartridges and accessories. Microwave ovens (unless built-in). Radio transmitting and receiving devices. $5000 for loss to tools. 5% of the total Coverage C limit of liability for any one item of unscheduled personal property. $2500 on trading cards and comic books, including any of these that are part of a collection. $10,000 in the aggregate for loss by theft of any Tug, carpet (except wall to wall carpet), tapestry, wall-hanging or other similar article. posy ° sem Property Not Covered. We do not cover: 1. ere Includes copyrighted material of Insurance Services Office, Inc., with its permission Articles separately described and _ specifically insured in this or other insurance; Animale hirde ar Motor vehicles or all other motorized conveyances. This includes: a. Their equipment and accessories; or b. Electronic apparatus that is designed to be operated solely by use of the power from the electrical system of motor vehicles or all other motorized land conveyances. Electronic annaratie inehidac: Gpparaeus wroruacs. (1) Accessories or antennas; or (2) Tapes, wires, records, discs or other media; for use with any electronic apparatus described in this Item 3.b. The exclusion of property described in 3.a. and 3.b. above applies only while the property is in of UpOT the Venice GF GonVEyance. We do cover vehicles or conveyances not subject to motor vehicle registration which are: a. Used to service an "insured's" residence; or b. Designed for assisting the handicapped; Aircraft and parts. Aircraft means any contrivance used or designed for flight, except model or hobby aircraft not used or designed to carry people or cargo; Property of roomers, boarders and other tenants, except property of roomers and boarders related to an “insured”; land Page 6 of 31FEDNAT INSURANCE COMPANY 6. Property in an apartment regularly rented or held for rental to others by an "insured," except as provided in ADDITIONAL COVERAGES 10.; fo others off the 7, Property rented or “residence premises”; 8. “Business” data, including such data stored in: a. Books of account, drawings or other paper records; or b. Electronic data processing tapes, wires, records, discs or other software media; However, we do cover the cost of blank recording Gr Starag aia, aia oF pi ca Computer programs available on the retail market; or 9. Credit cards or fund transfer cards except as provided in ADDITIONAL COVERAGES 6. COVERAGE D - Loss Of Use We will pay 80% of the additional expenses you incur for a “hurricane loss”, and 100% of the additional expenses you incur for other losses, but no more than tha Anunrann To limit af lnhilihy alam ta tha me Coverage GO umn cr naomy Snown i We Declarations for the following: 1. Additional Living Expenses, meaning any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living when a loss covered under this Section makes that part of the “residence premises” where you reside not fit to live in. repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle elsewhere. 2. Ifaloss covered under this 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, meaning the fair rental value of that part of the “residence premises” rented to others or held for rental by you less any expenses that do not continue while the premises is not fit to live in. Payment will be for the shortest time required to repair or replace that part of the premises rented or held for rental. 3. If a civil authority prohibits you from use of the “residence premises’ as a result of direct damage to neighboring premises by a Peril Insured Against in this policy, we cover the Additional Living Expense and Fair Rental Value loss as provided under 1. and 2. above for no more than two weeks. The periods of time under 1., 2. and 3. above are not limited by expiration of this policy. We do not cover loss or expense due to cancellation of a lease or agreement. ADDITIONAL COVERAGES 1, Debris Removal We will pay your reasonable expense for the re- moval of: FNIC HO 00 03 (08 19) FNIC HO 00 03 (08 19) a. Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or bh. Ash, dust orn: that has caused direct loss to a building or property contained in a building. This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged property, an additional 5% of that limit of liability is available for debris removal expense. We will also pay your reasonable expense, up to $500, for the removal from the “residence premises” of: a. Your tree(s) felled by the peril of Windstorm or Hail b. Your tree(s) felled by the peril of Weight of Ice, Snow or Sleet; or c. A neighbor's tree(s) felled by a Peril Insured Against under Coverage C; provided the tree(s): d. Damages a covered structure; or e. Do not damage a covered structure, but: (1) Block a driveway on the “residence premises” which prevents a “motor from a vale: , og: we roads or property, from entering or leaving the “residence premises”; or (2) Block a ramp or other fixture designed to assist a handicapped person to enter or leave the dwelling. The $500 limit is the most we will pay in any one loss regardless of the number of fallen trees. “Emarnancy atinn Sarvirac” simergene, Mra worvrcce a. Your coverage for “Emergency Mitigation Ser- vices’ is limited to the greater of $3,000 or 1% of your Coverage A limit of liability for the rea- sonable cost of “Emergency Mitigation Ser- vices” unless you or your assignee submits a written request for an increase. We must be allowed to inspect the damage before any work in excess of $3,000 or 1% of your Cover- age A limit of liability begins, and approve the scope and amount of the work before it takes place. We will respond to you or your assignee within forty-eight (48) hours of your or your as- signee(s)’ request to us to exceed the greater of $3000 or 1% of your Coverage A limit of lia- bility. b. The written request must include supporting documents and be seni by facsimile to 1(954) 416-7216, or electronic mail to claimdocs@fednat.com. We will make such determination for an increase above the limit in a. above based upon submission of the following supporting documentation: Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 31FEDNAT INSURANCE COMPANY @ (1) The date the request is submitted to us; (2) The identity of all Named Insureds; (3) The identity and contact information of any and all Assianees (4) Acomplete and executed copy of all As- signments of Claim Benefits; (5) The date of loss; (6) The address where loss occurred; (7) Description of loss and location of dam- ages; (8) All photographs, videos, moisture read- ings, and work logs that demonstrate the damage and work performed up to ine time of the request; (9) Itemized estimate of proposed “Emer- gency Mitigation Services"; (10) Estimated timeframe of completion; and (11) All other information or documentation reasonably requested. In such circumstance, we will pay onl up 7 the a nal costs for “Emerner Services” that we authorize. ‘Any amounts above and beyond the approved additional costs shall not be paid or payable. If we fail to approve or deny your or your assignee(s)’ re- quest within forty-eight (48) hours of such re- quest to us and the damage or loss is caused by a Peril Insured Against, you may exceed the amount in a. to perform the “Emergency Miti- gation Services” but no more than the reason- able cost. c. If however, hurricane coverage is part of your Policy and a covered loss occurs during a “hur- ricane occurrence’, the amount we pay under this additional coverage is not limited to the amount in a. above. d. “Emergency Mitigation Services” under this ADDITIONAL COVERAGE 2. “ may inciuae a permanent repair only when necessary to pro- tect the covered property from further damage or to prevent unwanted entry to the property. e. To the degree reasonably possible, all dam- aged property must be retained for us to in- spect. f. This coverage does not: (1) increase the lini OF NaDNIty Tat appies 10 the covered property; (2) Relieve you of your duties, in case of a loss to covered property, as set forth in SECTION I - CONDITIONS 2.; (3) Pay for property not covered, or for repairs resulting from a peril not covered, or for loss excluded in this Policy. S, SAruDs ana Ou We cover trees, shrubs, plants or lawns, on the "residence premises," for loss caused by the fol- lowing Perils Insured Against: Fire or lightning, Ex- plosion, Riot or civil commotion, Aircraft, Vehicles FNIC HO 00 03 (08 19) Includes copyrighted material of Insurance Services Office, Inc., with its permission FNIC HO 00 03 (08 19) not owned or operated by a resident of the "resi- dence premises," Vandalism or malicious mischief or Theft. We nay un to 5% of th my My applies to the dwelling for all trees, shrubs, plants or lawns. No more than $500 of this limit will be available 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 assumed by c contract or aoreament for denartment charges incurred when the fire departmentis 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 furnishing the fire department response. This coverage is additional insurance. No deductible applies to this coverage. 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 liability that applies to the property being removed. Credit Card, Fund Transfer Card, Forgery and Counterfeit Money We will pay up to $500 for: a. The legal obligation of an “insured” to pay because of the theft or unauthorized use of credit cards issued to or registered in an “insured's" name; b. Loss resulting from theft or unauthorized use of a fund transfer card used for deposit, withdrawal or transfer of funds, issued to or registered in an "insured's" name; c. Loss to an “insured” caused by forgery or alteration of any check or negotiable instrument; and d. Loss to an “insured” through acceptance in good faith of counterfeit United States or Canadian paper currency. We do not cover use of a credit card or fund transfer card: a. Bya resident of your household; b. By a person who has been entrusted with either type of card; or c. If an “insured” has not complied with all terms and conditions under which the cards are issued. All loss resulting from a series of acts committed by any one person or in which any one person is concerned or implicated is considered to be one loss. Page 8 of 31FEDNAT INSURANCE COMPANY We do not cover loss arising out of “business” use or dishonesty of an "insured." This verage is additional insurance. No Defense: a. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability. b. If a suit is brought against an “insured” for liability under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, we will provide a defense at our expense by counsel of our choice. c. We have the option to defend at our expense an “insured” or an "insured's" bank against any suit for the enforcement of payment under the Forgery coverage. 7. Loss Assessment We 1 assessment charged against you by a corporation or association of property owners, when the assessment is made as a result of direct loss to the property, owned by all members collectively, caused by a Peril Insured Against under COVERAGE A -— DWELLING, other than earthquake or land shock waves or tremors before, during or after a volcanic eruption. This coverage applies only to loss assessments charged against you as owner or tenant of the “residence premises." We do not cover loss assessments charged against you or a corporation or association of property owners by any governmental body. The limit of $1000 is the most we will pay with respect to any one loss, regardless of the number of assessments. Condition 1. Policy Period, under SECTIONS | AND Il CONDITIONS, does not apply to this coverage. 8. Collapse a. With respect to this ADDITIONAL COVERAGE: (1) Collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building, or part of the building, cannot be occupied for its intended purpose. A building or any part of a building that is in danger of falling down or caving in is not considered to be in a state of collapse. A part of a building that is standing is not considered to be in a state of collapse even if it has separated from another part of the building. A building that is standing or any part of a building that is standing is not considered (2) 3) (4) FNIC HO 00 03 (08 19) FNIC HO 00 03 (08 19) to be in a state of collapse even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. b. We insure for direct physical loss to covered property involving collapse of a building or any part of a building if the collapse was caused by one or more of the following: (1) Perils Insured Against in COVERAGE C — PERSONAL PROPERTY. These perils apply to covered buildings and personal property for loss insured by this additional coverage; (2) Decay that is hidden from view, unless the presence of such decay is known to you prior to collapse; (3) Insect or vermin damage that is hidden from view, unless the presence of such damage is known to you prior to collapse; (4) Weight of contents, equipment, animals or people; (5) Weight of rain which collects on a roof; or (6) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. Loss to an awning, patio, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf or dock is not included under Items b. (2), (3), (4), (5), and (6) above unless the loss is a direct result of the collapse of a buildi