Preview
Filing # 131221923 E-Filed 07/22/2021 02:49:04 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: CACE-21-010712
JOHNATHAN WESLEY,
Plaintiff.
VS.
CERTAIN UNDERWRITERS AT LLOYD'S
OF LONDON SUBSCRIBING TO POLICY
NUMBER NPHOARS000308
Defendant.
i
AMENDEDCOMPLAINT
COMES NOW the Plaintiff, JOHNATHAN WESLEY, by and through its undersigned
counsel, and sues the Defendant, UNDERWRITERSAT LLOYD'S, LONDON SUBSCRIBING
TO POLICY NUMBER NPHOAR5000308, and would allege as follows:
GENERAL ALLEGATIONS
1. This is an action for damages greater than the sum of THIRTY THOUSAND
DOLLARS ($30,000.00), exclusive of interest, costs and attorney's fees, and otherwise withinthe
jurisdictionallimits of this Court.
2. At all times material hereto, Defendant, UNDERWRITERS AT LLOYD'S,
LONDON SUBSCRIBING TO POLICY NUMBER NPHOAR5000308, is a Florida corporation
authorized and doing business in BROWARD COUNTY, FLORIDA.
3. At all times material hereto, Plaintiff, JOHNATHAN WESLEY, owns property
rTH
insured by Defendant located at 1800 NW 6 AVENUE, POMPANO BEACH, FLORIDA,
33060, BROWARD COUNTY, FLORIDA (the "SubjectProperty").
Page 1 of 4
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/22/2021 02:49:04 PM.****
4. Venue is proper in BROWARD County, Florida pursuant to Florida Statute 47.011,
because the cause of action upon which these allegations are based accrued in BROWARD
County, Florida, and the property at issue is located in BROWARD County, Florida.
5. That Plaintiffwas insured at the time of loss, on June 19,2020, under Defendant's
insurance policy number NPHOARS000308 (the "Subject Policy").
6. A true and correct copy of the insurance policy is attached hereto as Exhibit"A".
7. Plaintiff paid all insurance premiums, performed all post loss conditions, and
performed all conditions precedent. In the alternative, all conditions precedent have been waived.
8 On or about June 19, 2020, Plaintiffsuffered a loss due to Wind Damage causing
interior damage to the property and exterior damage to the roof system, a covered peril under the
Subject Policy involving the Subject Property (the "Loss").
9- Defendant acknowledgedreceipt for the Loss as claim number 10.66915:20.16877
and assigned an insurance adjuster to adjust the Loss.
10. Plaintiff provided Defendant with a damage estimate for a covered loss.
11. Defendant was given timely notice of the loss and investigated the claim
including inspecting the property and estimating the damage and was not prejudiced in its
investigation.
12. Defendant rejected the total amount of damages and completely denied coverage.
See Exhibit "B".
COUNT I -
BREACH OF CONTRACT
13. Plaintiffs reaver, readopt and reallege the allegations contained in Paragraphs 1
through 12 ofthis Complaint, and as a first cause of action, would further allege:
Page 2 of 4
14. That the policy provides coverage for direct physical loss to the Plaintiff' s
property due to Storm Damage mentioned herein.
15. That the Plaintiff sustained unpaid damages that is a covered loss under the
Defendant's policy of insurance.
16. That the Plaintiff demanded the Defendant honor its contractual obligation and
pay for the unpaid damages to the insured property.
17. That the Defendant's representativesent a letter to the Plaintiff denying coverage
of the claim.
18. That as a result of Defendant's breach of contract, Plaintiff sustained damage to
the insured property.
19. That Defendant refuses to honor its contractual obligations to be a protector of
Plaintiff's assets and pay for the covered loss.
20. That Plaintiffhasfurther had to retain the undersigned attorney and agreed to pay
him a reasonablefee for which the Defendant is liable under § 626.9373.
21. Florida Statute 626.9373 states:
(1) Upon the rendition of a judgment or decree by any court of this state against a
surplus lines insurer in favor of any named or omnibus insured or the named
beneficiary under a policy or contract executed by the insurer on or after the
effective date of this act, the trial court or, if the insured or beneficiaryprevails
on appeal, the appellate court, shall adjudge or decree against the insurer in
favor of the insured or beneficiary a reasonable sum as fees or compensation
for the insured's or beneficiary's attorney prosecuting the lawsuit for which
recovery is awarded.
(2) If awarded, attorney's fees or
compensation shall be included in the judgment
or decree rendered in the case.
WHEREFORE, Plaintiffs demand judgment against Defendant, plus costs, prejudgment
interest and attorney's fees pursuant to Florida Statute § 626.9373.
Page 3 of 4
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues so triable.
DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516
Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice
of designation of email address for the purpose of service of all documents required to be served
in this proceeding:
DATED this July 22, 2021.
Respectfully submitted,
THE PROPERTY ADVOCATES, P.A.
Attorneys for Plaintiff
2525 Ponce De Leon Boulevard, Suite 600
Coral Gables, FL 33134
Primary Direct Line: (786) 903-6354
Telephone: (786) 430-0882
Facsimile: (305) 459-1589
Primary E-Service:
Secondary E-mail:
Email:
.O'
i.ii.-Foam i:'amM'
By:
CHRISTOPHER A. NARCHET, ESQUIRE
FLORIDA BAR NO.: 127176
ROMINA MESA, ESQUIRE
FLORIDA BAR NO.: 127392
Page 4 of 4
EXHIBIT "A"
FORM DP1 BASIC FORM DECLARATION
This Declaration Page is attached to and forms part of certificate provisions.
Previous No. Authority Ref. No. SEE ATTACHED Certificate No. NPHOARS000308
1 Name and address of the Assured Broker
Jonthan Wesley Rausch Insurance, Tax & Financial Services
1800 Northwest 6th Avenue 7000 W. Palmetto Park Rd
Pompano Beach, Florida 33060 Ste. #210
Boca Raton, Florida 33433
: HOMEOWNERS
Business description:
2 Effectivefrom 5/7/2020 to 5/7/2021
both days at 12:01 a.m. standard time
3 Insurance is effective with Percentage
Homeowners Risk Share 100%
4 This Certificate consists of the following Coverage Parts for which a Premium is indicated. This
Premium may be subject to adjustment. Premium
Unit Owners Policy Premium $ $3,613.00
$
$
$
Home Inspection Fee $150.00 $
Policy Fee $100.00
$
EMPA $2.00
Service Office Fee $2.32 $
Surplus Lines Tax $193.15 FEES: $ $250.00
TAXES: $ $197.47
Total: $ 4,060.47
This insurance is issued pursuant to the Florida Surplus Lines Law. Persons insured by surplus lines carriers do not have the
protection of the Florida Insurance Guaranty Act to the extent of any right of recovery for the obligation of an insolvent insurer.
5 Forms Applicable to all Coverage Parts: SEE ATTACHED SCHEDULE OF FORMS AND ENDORSEMENTS
TERMS: 25% MINIMUM EARNED PREMIUM
6 Service of Suit may be made upon: SEE FORM LMA 5020
In return for the Payment of the premium, and subjectto all the terms of this Certificate, we agree to provide the insurance as stated
in this certificate.
by C-4J,
Dated 5/7/2020 AUTHORIZEDREPRESENTATIVE
Correspondent: BASS UNDERWRITERS
6951 W. SUNRISE BLVD
PLANTATION, FL 33313
Page 1 of 2
DWELLING COVERAGE PART
SUPPLEMENTAL DECLARATIONS
CertificateNo. NPHOARS000308 Effective Date: 5/7/2020
12.01 AM. Standard Time
Named Insured: Jonthan Wesley Co-Applicant:
Co Applicant:
RESIDENCE PREMISES
1800 Northwest 6th Avenue, Pompano Beach,
RESIDENCE FL 33060
PREMISES:
COVERAGES PROVIDED -
INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOR COVERAGES FOR WHICH
A LIMIT OF INSURANCE IS SHOWN.
SECTION I PROPERTY COVERAGE
Coverage A Dwelling USD $175,000
Coverage B Other Structures USD $17,500
Coverage C Personal Property USD $17,500
Coverage D Loss of Rents USD $0
A-D TOTAL USD $210,000
Scheduled Properties USD
SECTION Il LIABILITY COVERAGE
Coverage E Liability USD $50,000
Coverage F Medical Payments USD $500
PREMIUM: USD $3,613.00
Premium Breakdown:
Fire USD $3,613.00
Extended Coverage nc uded
VMM nc uded
Liability nc uded
MORTGAGE HOLDERS(S)
PREM. NO. BLDG. NO. MORTGAGE HOLDER NAME AND MAILING ADDRESS
DEDUCTIBLE:
Underwritersshall not be liable for the first USD 2,500 each and every loss, BUT INCREASED TO USD 8,750 EACH AND
EVERY LOSS IN RESPECT OF WIND OR HAIL.
THIS SUPPLEMENTAL DECLARATIONSAND THE COMMERCIAL PROPERTY DECLARATIONS, TOGETHERWITH THE COMMON
POLICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETETHE ABOVE NUMBERED CERTIFICATE.
Wherever in the policy the words "Company" or "Named Insured" appear therein they are deemed to mean
"Underwriters"or "Assured" respectively
Page 2 of 2
SCHEDULE OF FORMS AND ENDORSEMENTS
Attached to Policy Number : NPHOARS000308
FORM NUMBERS FORM TITLES
AOL HO 100 Contract Allocation Endorsement
BASSADDEND Additional Endorsements
BassFIood Flood Insurance Notice
BU HODW 04 38 Property Not Covered Carports, Awnings,
-
Pool Enclosures, & Gazebos
BU-AOB Assignment of Benefits After a Loss
BU-CPT-01 Complaint Procedure
BU-HO 077 Property Not Covered
BU-HO-012 Pre-Existing Damage Endorsement
DL 2401 Personal Liability
DL 2411 Premises Liability
DP 0001 Dwelling Property 1 Basic Form
-
DP 0312 Windstorm or Hail Percentage Deductible
DP1 Dec Form DP1 Basic Form Declaration
FL Policyholder Florida Policyholder Notice
LMA 3100 Sanction Limitation and Exclusion Clause
LMA 5020 Service of Suit (U.S.A)
LMA 5062 Fraudulent Claim Clause
LMA 5393 COMMUNICABLE DISEASE ENDORSEMENT
LSW699 Minimum Earned Premium
NMA 1191 Radioactive Contamination Clause
NMA 2920 Terrorism Exclusion Endorsement
NMDSTRM2 HURRICANE or TROPICAL STORM IRMA EXCLUSION
NMDSTRMEXCL06 Hurricane or Tropical Storm Dorian Exclusion
PRIVSTAT Privacy Statement
CHOICE OF LAW AND JURISDICTION
Any disputes between the Assured and Underwriters concerning the interpretation of this
policy shall be governed by the Law of State of Risk and in respect of Jurisdiction NMA
1998 shall apply.
It is understood and agreed that using the term "occurrence" shall include the following
definition: "For the purposes of this insurance occurrence shall mean any loss or series
of losses arising out of one event".
Dated 5/7/2020
CONTRACT ALLOCATION ENDORSEMENT
This insurance is effected with certain insurance underwriters (hereinafter called the "Underwriters"). The following
words shall be deemed to be synonymous: "Underwriters","Insurers" and "Company". The liability of each
Underwriter on this contract with the Insured is limited to the participationamount shown in the schedule below. The
liability of each separate contract listed and for each Underwriter representedthereby for any loss or losses or
amounts payable is several as to each and shall not exceed its participationpercentage shown below and there is no
joint liability of any Underwriters pursuant to this contract. An Underwriter shall not have its liability hereunder
increased or decreased by reason of failure or delay of another Underwriter, its successors, assigns, or legal
representatives. Any loss otherwise payable under the provisions of the attached policy that exceeds the allocation
of "Risk" as defined herein shall be bourne proportionatelyby the contracts as to their limit of liability at the time and
place of the loss bears to the total allocated limits herein.
This contract shall be constructed as a separate contract between the Insured and each of the Underwriters. This
evidence of coverage consists of separate sections of a composite insurancefor all Underwriter'sat Lloyd's combined
and separate policies issued by the insurance company(ies), all as identified below. This evidence of coverage does
not constitute in any manner or form a joint certificate of coverage by Underwriter'sat Lloyd's with any other
Insurance company(ies).
In witness whereof, the following Underwritersexecute and attest these presents, and subscribefor the amount of
insurance provided.
The security is as noted below.
PERILS (AS PER COMPANY
CONTRACT # POLICY # PARTICIPATION PREMIUM
POLICY) CODE
DP1 INCL WH B0831 P020742020HORS 001 NPHOARS000308 $210,000 I 100% $946
PL B0831 P020742020HORS 001 NPHOARS000308 $50,000 I 100% $25
WH B0831 P030722020HORS 002 NPHOARS000308 $210,000 I 100% $2,617
AOL HO 100 (08/19) 1 of 2
ALLOCATION OF LIABILITY:
The contracts herein cover mutually exclusive perils. The maximum limit of liability is not to exceed the per
occurrence participationstated herein, regardless of whether multiple perils and multiple contracts are involved.
Recognitionof liabilityby either of the contracts reduces the limit of liabilityof any corresponding contract.
The liabilityotherwise determined to exist under the terms and conditions of this policy shall be bourne by the
contract covering the proximate cause of loss identified in the allocation of security.Any loss covered by the policy by
a peril not allocated to a contract herein shall be bourne by the contract covering the most comprehensive perils,
generally in accordance with the ISO Special Causes of Loss Contracts. The liability of the policy shall not be
increased or decreased by any condition of the allocation to specific contracts on this endorsement.
Covered perils shall be defined by the applicable forms attached to this policy or otherwise as per the industry
standard definition.
SYMBOLS USED HEREIN:
LINE OF COVERAGE / CAUSE OF LOSS SYMBOL COMPANY CODE INSURER
Dwelling Property 1 -
Basic Form DP1 001 HDI Global Specialty SE
002 Lloyds of London
Dwelling Property 2 -
Broad Form DP2
Dwelling Property 3 -
Special Form DP3
Homeowners 1 -
Basic Form HO1
Homeowners 2 -
Broad Form H02
Homeowners 3 -
Special Form H03
Homeowner 4 -
Contents Broad Form HO4
Homeowners 5 -
Comprehensive Form H05
Homeowners 6 -
Unit Owners Form H06
Homeowners 8 -
Modified Coverage Form H08
Windstorm and Hail WH
Named Storm NS
Hurricane H
Flood F
Earthquake Q
Homeowner's Section I (propertycoverage) SECTI
Homeowner's Section Il (liability Coverage) SECT Il
Personal Liability PL
Excluding EXCL
Including INCL
Equipment Breakdown EBD
Identity Fraud Expense Coverage IDF
AOL HO 100 (08/19) 2 of 2
The Endorsements Listed Below Modify, and
May Reduce Your Coverage.
Please Read Carefully Each EndorsementThat Applies to Your Policy.
ADDITIONAL ENDORSEMENTS
DEDUCTIBLE APPLICATION ENDORSEMENT
It is agreed that the deductible as shown on policy declarations and/or schedule applies separately to each item
insured under this policy or certificate. The deductibleshall also apply separately to building and contents coverage;
as well as separately to each unit.
FULLY EARNED ENDORSEMENT
It is agreed that in the event of a total loss to the insured
unit, the premium for that unit shall be considered
FULLY EARNED by the Company. No return premium shall be due the insured for that unit. This endorsement
shall not apply when inconsistent with a premium finance agreement or state law.
COINSURANCE
An 80% Coinsurance percentage is shown in the Declarationsand the following condition applies:
We will not pay the full amount of any loss if the value of the covered Dwelling at the time of loss times the 80%
Coinsurance percentage shown for it in the Declarations is greater than the Limit of Insurance for the Dwelling.
Instead, we will determine the most we will pay using the following steps:
(1) Multiply the value of the covered Dwelling at the time of loss by the 800/o Coinsurance percentage;
(2) Divide the Limit of Insurance of the Dwelling by the figure determined in step (1);
(3) Multiply the total amount of loss, before the application of any deductible, by the figure in step (2); and
(4) Subtract the deductible from the figure determined in step (3).
We will pay the amount determined in step (4) or the limit of insurance, whichever is less. For the remainder,
you will either have to rely on other insurance or absorb the loss yourself.
MEDICAL PAYMENTS TO OTHERS
The limit of liability stated under medical payments on the policy face applicable to each person is the limit of
liability for all expenses incurred by or on behalf of each person who sustains Bodily Injury as the result of any one
accident. The limit of liability for all expenses incurred by or on behalf of two or more persons who sustain Bodily
Injury as the result of any one accident is $25,000.
BassAddEnd (05/12)
Page 1 of 10
The Endorsements Listed Below and
May Reduce Your Coverage.
Modify,
Please Read Carefully Each EndorsementThat Applies to Your Policy.
ADDITIONAL ENDORSEMENTS
CANCELLATION CLAUSE
NOTWITHSTANDING anything contained in this Insurance to the contrary this Insurance may be cancelled by the
Assured at any time by written notice or by surrenderof this contract of insurance. This Insurance may also be
cancelled by or on behalf of the Underwriters by delivering to the Assured or by mailing to the Assured, by
registered, certified or other first classmail, at the Assured's address as shown in this Insurance, written notice
stating when, not less than 10 days thereafter, the cancellation shall be effective. The mailing of such notice as
aforesaid shall be sufficient proof of notice and this insurance shall terminate at the date and hour specified in
such notice.
If this insurance shall be cancelled by the Assured the Underwriters shall retain the customaryshort rate proportion
of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the
earned premium hereon or the customary short rate proportion of any minimum premium stipulated herein
whichever is the greater.
If this Insuranceshall be cancelled by or on behalf of the Underwriters the Underwriters shall retain the pro rata
proportion of thepremium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall
receive the earned premium hereon or the pro rata proportion of any minimum premium stipulated herein
whichever is the greater.
Payment or tender of any unearned premium by the Underwriters shall not be a condition precedent to the
effectiveness of Cancellation but such payment shall be made as soon as practicable. If the period of limitation
relating to the giving of notice is prohibited or made void by any law controlling the construction thereof, such
period shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such
law.
SEVERAL LIABILITY NOTICE
The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint
and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for
the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations.
DUTY TO DEFEND
Where there is no coverage under this policy, there is no duty to defend.
GUN CLAUSE
No coverage is provided hereunder for any bodily injury, property damage or medical payments resulting
fromor attributed to the discharging of any firearm whether accidental or intentional.
BassAddEnd (05/12)
Page 2 of 10
The Endorsements Listed Below Modify, and
May Reduce Your Coverage.
Please Read Carefully Each EndorsementThat Applies to Your Policy.
ADDITIONAL ENDORSEMENTS
ELECTRONIC DATA ENDORSEMENT B
1. ElectronicData Exclusion
Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood, and
agreed as follows:
(a) This Policy does
not insure loss, damage, distortion, erasure, corruption or alteration of ELECTRONIC DATA
from any whatsoever (including but not limited to COMPUTER VIRUS) or loss of use, reduction in
cause
functionality, cost, expense of whatsoevernature resulting therefrom, regardless of any other cause or event
contributing concurrentlyor in any other sequence to the loss.
ELECTRONIC DATA means facts, concepts and information converted to a form useable for communications,
interpretation processing by electronic and electromechanical data processing or electronicallycontrolled
or
equipment and includes programs, software, and other coded instructionsfor the processing and manipulation
of data or the direction and manipulation of such equipment.
COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorized instructions or code including a
set of maliciously introduced unauthorized instructionsor code, programmatic or otherwise, that propagate
themselves through a computer system or network of whatsoevernature. COMPUTER VIRUS includes but it not
limited to 'Trojan Horses', 'worms', and 'time or logic bombs'
(b) However, in the event that a peril listed below results from any of the matters described in paragraph (a) above,
this Policy, subject to all its terms, conditions and exclusions, will cover physical damage occurring during the
Policy period to property insured by this Policy directly caused by such listed peril.
Listed Perils:
Explosion
2. ElectronicData Processing Media Valuation
Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and
agreed as follows:
Should electronic data processing media insured by this Policy suffer physical loss or damage insured by this
Policy, then the basis of valuation shall be the cost of the blank media plus the costs of copying the ELECTRONIC
DATA from back-up or from originals of a previous generation. These costs will not include research and
engineering any costs of recreating, gathering or assembling such ELECTRONIC DATA. If the media is not
nor
repaired, replaced or restored the basis of valuation shall be the cost of the blank media. However this Policy does
not insure any amount pertaining to the value of such ELECTRONIC DATA to the Assured or any other party, even
if such ELECTRONICDATA cannot be recreated, gathered or assembled.
BassAddEnd (05/12)
Page 3 of 10
The Endorsements Listed Below Modify, and
May Reduce Your Coverage.
Please Read Carefully Each EndorsementThat Applies to Your Policy.
ADDITIONAL ENDORSEMENTS
ELECTRONIC DATE RECOGNITION EXCLUSION
This policy does not cover any loss, damage, cost, claim or expense, whether preventative, remedial or
otherwise, directly or indirectlyarising out of or relating to:
a) thecalculation, comparison, differentiation,sequencing or processing of data involving the date change to the year
2000, or any other date change including leap year calculations, by any computer system, hardware, program or
software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer
equipment, whether the property of the Insured or not; or
b) any change, alteration, or modification involving the date change to the year 2000, or any other date change
including leap year calculations, to any such computer system, hardware, program or software and/or any
microchip, integrated circuit or similar device in computer equipment or non-computerequipment, whether the
property of the insured or not.
This clause applies regardless of any other cause or event that contributes concurrentlyor in any
sequence to the loss, damage, cost, claim or expense.
COMMUNICABLE DISEASE EXCLUSION
There is no coverage afforded by this policy for any liability arising out of the transmission of a communicable
disease by an insured or by any other person for whom the insured is legally responsible.
APPLICABLE LAW (U.S.A.)
This Insuranceshall be subject to the applicable state law to be determined by the court of competent
jurisdiction as determined by the provisions of the Service of Suit Clause (U.S.A.)
PUNITIVE AND/OR EXEMPLARY DAMAGES EXCLUSION
Punitive orexemplarydamages are not covered under this policy nor are any expenses, nor any obligation
to share damages with or repay anyone else who must pay damages from same.
U.S.A. & CANADA
LAND, WATER AND AIR EXCLUSION
Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or with
any other Endorsement which forms part of the Policy), this Policy does not insure land (including by not
limited to land on which the insured property is located), water or air, howsoever and wherever occurring, or
any interest or right therein.
BassAddEnd (05/12)
Page 4 of 10
The Endorsements Listed Below and
May Reduce Your Coverage.
Modify,
Please Read Carefully Each EndorsementThat Applies to Your Policy.
ADDITIONAL ENDORSEMENTS
SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION
Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or with
any other Endorsement which forms part of the Policy), this Policy does not insure:
a) any loss, damage, cost or expense, or
b) any increase in insured loss, damage, cost or expense, or
c) any loss damage, cost expense, fine or penalty, which is incurred, sustained or imposed by
order, direction, instruction or request of, or by any agreement with, any court, government
agency or any public, civil or military authority, or threat thereof, (and whether or not as a result
of public or private litigation),
which arises from any kind of seepage or any kind of pollution and/or contamination, or threat thereof,
whether or not caused by or resulting from a peril insured, or from steps or measures taken in connection
with the avoidance, prevention, abatement, mitigation, remediation, clean-up or removal of such seepage or
pollution and/or contamination or threat thereof.
The term 'any kind of seepage or any kind of pollution and/or contamination' as used in this Endorsement
includes (but is not limited to):
a) seepage of, pollution and/or contamination by, anything, including but not limited to, any material
or
designated 'hazardous material' by the United States Environmental Protection Agency or as a
s a
'hazardous material' by the United States Department of Transportation, or Defined as a'toxic
substance' by the Canadian Environmental Protection Act for the purposes of Part Il of that Act, or
any substance designated or defined as toxic, dangerous, hazardous or deleterious to persons or
the environment under any other Federal, State, Provincial, Municipal or other law, ordinance or
regulation; and
b) the presence, existence, or release of anything which endangers or threatens to endanger the health,
safety or welfare of persons or the environment.
ASBESTOS, LEAD & SILICA DUST EXCLUSION
Asbestos, Lead or Silica Dust is not covered under this policy, nor are any expenses nor any obligation to share
damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising or
alleged to have arisen out of:
(A) Bodily injury, property damage or medical expenses of any type, arising out of the inhalation, ingestion,
physical exposure to, absorption of, or toxic substances from asbestos, lead or silica dust in any form, or from any
goods, products or structures containing same, or property damage or devaluation of property arising from any
form of same; or
(B) Existence of asbestos, silica dust or lead, in any form, in occupancy or construction, or the manufacture, sale,
transportation,handling, storage, disposal, or removal of same, or goods or products containing same, or
Any supervision, instructions, recommendations, requests, warnings or advice given or which should have been
given, as well as any costs, including but not limited to abatement, mitigation, removal, contain, treat, detoxify,
neutralize, or disposal of same or in any way respond to or assess the effects of same.
BassAddEnd (05/12)
Page 5 of 10
The Endorsements Listed Below and
May Reduce Your Coverage.
Modify,
Please Read Carefully Each EndorsementThat Applies to Your Policy.
ADDITIONAL ENDORSEMENTS
DEBRIS REMOVAL ENDORSEMENT
THIS ENDORSEMENT CONTAINS PROVISIONSWHICH MAY LIMIT OR PREVENTRECOVERY UNDER THIS
POLICY FOR LOSS WHERE COSTS OR EXPENSES FOR DEBRIS REMOVAL ARE INCURRED.
Nothing contained in this Endorsement shall override any Seepage and/or Pollution and/or contamination
Exclusion or any Radioactive Contamination Exclusion or any other Exclusion applicable to this Policy.
Any provision within this Policy (or within any other Endorsement which forms part of this Policy) which insures
debris removal is cancelled and replaced by the following:
1) physical damage to or destruction of property, for which Underwriters hereon agree
In the event of direct
to pay, or which but for the
application of a deductible or underlying amount they would agree to pay
(hereinafter referred to as 'Damage of Destruction'), this Policy also insures, within the sum insured, subject to
the limitations and method of calculation below, and to all the other terms and conditions of the Policy, costs
or expenses;
(a) which are reasonably and necessarily incurred by the Assured in the removal, from the premises of
the Assured at which the Damage or Destruction occurred, of debris which results from the Damage
(b) of which the Assured becomes aware and advises the amount thereof to Underwriters hereon within
one year of the commencement of such Damage or Destruction.
or Destruction;
2) In calculating the amount, if any, payable under this Policy for loss where costs or expenses for
removal of debris are incurred by the Assured (subject to the limitations in paragraph 1 above):
(a) the maximum amount of such costs and expenses that can be included in the method of
calculation set out in (b) below shall be greater of U.S. $25,000 (twenty-five thousand dollars) or
10% (ten percent) of the amount of the Damage or Destruction from which such costs or expenses
result;
and
(b) the amount of such costs or expenses as limited in (a) above shall be added to:
(i) the amount of the Damage or Destruction; and
(ii) all other amounts of loss, which arise as a result of the same occurrence, and for which
Underwriters hereon also agree to pay, or which but for the application of a deductible
or underlying amount they would agree to pay; and
the resulting sum shall be the amount to which any deductible or underlying amount to which this
Policy is subject and the limit (or applicable sub-limit) of this Policy, shall be applied.
BIOLOGICAL OR CHEMICAL MATERIALS EXCLUSION
It is
agreed that this Insurance excludes loss, damage, cost or expense of whatsoevernature directly or indirectly
caused by, resulting from or in connection with the actual or threatened malicious use of pathogenic or poisonous
biological or chemical materials regardless of any other cause or event contributing concurrentlyor in any other
sequence thereto.
BassAddEnd (05/12)
Page 6 of 10
The Endorsements Listed Below Modify, and
May Reduce Your Coverage.
Please Read Carefully Each EndorsementThat Applies to Your Policy.
ADDITIONAL ENDORSEMENTS
MOLD AND FUNGUS EXCLUSION CLAUSE
Section One
IF PROPERTY COVERAGE (SECTION I) IS AFFORDED BY THIS POLICY, THE FOLLOWING APPLIES:
Notwithstanding any other provision in this policy, there is no coverage for the following:
For any loss or damage involving in any way the actual or potential presence of mold, mildew, or fungi of
any kind whatsoever, whether or not directly or indirectly caused by or resulting from an insured peril.
Section Two
IF LIABILITY COVERAGE (SECTION Il) IS AFFORDED BY THIS POLICY, THE FOLLOWING APPLIES:
Notwithstanding any other provision in this policy, there is no coverage for the following:
For any Bodily Injury, Property Damage or Medical Payment claim of anykind, directly or indirectlyrelating to the
actual, potential, alleged or threatened presence of mold, mildew, or fungi of any kind whatsoever.
We will not defend any insured with respect to any claim or "suit" seeking such damages.
We will not pay for any loss, cost or expense that any Insured may occur in testing for, monitoring, removing,
treating or in any way responding to
Preview
Filing # 131221923 E-Filed 07/22/2021 02:49:04 PM IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO: CACE-21-010712 JOHNATHAN WESLEY, Plaintiff. VS. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON SUBSCRIBING TO POLICY NUMBER NPHOARS000308 Defendant. i AMENDEDCOMPLAINT COMES NOW the Plaintiff, JOHNATHAN WESLEY, by and through its undersigned counsel, and sues the Defendant, UNDERWRITERSAT LLOYD'S, LONDON SUBSCRIBING TO POLICY NUMBER NPHOAR5000308, and would allege as follows: GENERAL ALLEGATIONS 1. This is an action for damages greater than the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of interest, costs and attorney's fees, and otherwise withinthe jurisdictionallimits of this Court. 2. At all times material hereto, Defendant, UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY NUMBER NPHOAR5000308, is a Florida corporation authorized and doing business in BROWARD COUNTY, FLORIDA. 3. At all times material hereto, Plaintiff, JOHNATHAN WESLEY, owns property rTH insured by Defendant located at 1800 NW 6 AVENUE, POMPANO BEACH, FLORIDA, 33060, BROWARD COUNTY, FLORIDA (the "SubjectProperty"). Page 1 of 4 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/22/2021 02:49:04 PM.**** 4. Venue is proper in BROWARD County, Florida pursuant to Florida Statute 47.011, because the cause of action upon which these allegations are based accrued in BROWARD County, Florida, and the property at issue is located in BROWARD County, Florida. 5. That Plaintiffwas insured at the time of loss, on June 19,2020, under Defendant's insurance policy number NPHOARS000308 (the "Subject Policy"). 6. A true and correct copy of the insurance policy is attached hereto as Exhibit"A". 7. Plaintiff paid all insurance premiums, performed all post loss conditions, and performed all conditions precedent. In the alternative, all conditions precedent have been waived. 8 On or about June 19, 2020, Plaintiffsuffered a loss due to Wind Damage causing interior damage to the property and exterior damage to the roof system, a covered peril under the Subject Policy involving the Subject Property (the "Loss"). 9- Defendant acknowledgedreceipt for the Loss as claim number 10.66915:20.16877 and assigned an insurance adjuster to adjust the Loss. 10. Plaintiff provided Defendant with a damage estimate for a covered loss. 11. Defendant was given timely notice of the loss and investigated the claim including inspecting the property and estimating the damage and was not prejudiced in its investigation. 12. Defendant rejected the total amount of damages and completely denied coverage. See Exhibit "B". COUNT I - BREACH OF CONTRACT 13. Plaintiffs reaver, readopt and reallege the allegations contained in Paragraphs 1 through 12 ofthis Complaint, and as a first cause of action, would further allege: Page 2 of 4 14. That the policy provides coverage for direct physical loss to the Plaintiff' s property due to Storm Damage mentioned herein. 15. That the Plaintiff sustained unpaid damages that is a covered loss under the Defendant's policy of insurance. 16. That the Plaintiff demanded the Defendant honor its contractual obligation and pay for the unpaid damages to the insured property. 17. That the Defendant's representativesent a letter to the Plaintiff denying coverage of the claim. 18. That as a result of Defendant's breach of contract, Plaintiff sustained damage to the insured property. 19. That Defendant refuses to honor its contractual obligations to be a protector of Plaintiff's assets and pay for the covered loss. 20. That Plaintiffhasfurther had to retain the undersigned attorney and agreed to pay him a reasonablefee for which the Defendant is liable under § 626.9373. 21. Florida Statute 626.9373 states: (1) Upon the rendition of a judgment or decree by any court of this state against a surplus lines insurer in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer on or after the effective date of this act, the trial court or, if the insured or beneficiaryprevails on appeal, the appellate court, shall adjudge or decree against the insurer in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured's or beneficiary's attorney prosecuting the lawsuit for which recovery is awarded. (2) If awarded, attorney's fees or compensation shall be included in the judgment or decree rendered in the case. WHEREFORE, Plaintiffs demand judgment against Defendant, plus costs, prejudgment interest and attorney's fees pursuant to Florida Statute § 626.9373. Page 3 of 4 DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all issues so triable. DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516 Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice of designation of email address for the purpose of service of all documents required to be served in this proceeding: DATED this July 22, 2021. Respectfully submitted, THE PROPERTY ADVOCATES, P.A. Attorneys for Plaintiff 2525 Ponce De Leon Boulevard, Suite 600 Coral Gables, FL 33134 Primary Direct Line: (786) 903-6354 Telephone: (786) 430-0882 Facsimile: (305) 459-1589 Primary E-Service: Secondary E-mail: Email: .O' i.ii.-Foam i:'amM' By: CHRISTOPHER A. NARCHET, ESQUIRE FLORIDA BAR NO.: 127176 ROMINA MESA, ESQUIRE FLORIDA BAR NO.: 127392 Page 4 of 4 EXHIBIT "A" FORM DP1 BASIC FORM DECLARATION This Declaration Page is attached to and forms part of certificate provisions. Previous No. Authority Ref. No. SEE ATTACHED Certificate No. NPHOARS000308 1 Name and address of the Assured Broker Jonthan Wesley Rausch Insurance, Tax & Financial Services 1800 Northwest 6th Avenue 7000 W. Palmetto Park Rd Pompano Beach, Florida 33060 Ste. #210 Boca Raton, Florida 33433 : HOMEOWNERS Business description: 2 Effectivefrom 5/7/2020 to 5/7/2021 both days at 12:01 a.m. standard time 3 Insurance is effective with Percentage Homeowners Risk Share 100% 4 This Certificate consists of the following Coverage Parts for which a Premium is indicated. This Premium may be subject to adjustment. Premium Unit Owners Policy Premium $ $3,613.00 $ $ $ Home Inspection Fee $150.00 $ Policy Fee $100.00 $ EMPA $2.00 Service Office Fee $2.32 $ Surplus Lines Tax $193.15 FEES: $ $250.00 TAXES: $ $197.47 Total: $ 4,060.47 This insurance is issued pursuant to the Florida Surplus Lines Law. Persons insured by surplus lines carriers do not have the protection of the Florida Insurance Guaranty Act to the extent of any right of recovery for the obligation of an insolvent insurer. 5 Forms Applicable to all Coverage Parts: SEE ATTACHED SCHEDULE OF FORMS AND ENDORSEMENTS TERMS: 25% MINIMUM EARNED PREMIUM 6 Service of Suit may be made upon: SEE FORM LMA 5020 In return for the Payment of the premium, and subjectto all the terms of this Certificate, we agree to provide the insurance as stated in this certificate. by C-4J, Dated 5/7/2020 AUTHORIZEDREPRESENTATIVE Correspondent: BASS UNDERWRITERS 6951 W. SUNRISE BLVD PLANTATION, FL 33313 Page 1 of 2 DWELLING COVERAGE PART SUPPLEMENTAL DECLARATIONS CertificateNo. NPHOARS000308 Effective Date: 5/7/2020 12.01 AM. Standard Time Named Insured: Jonthan Wesley Co-Applicant: Co Applicant: RESIDENCE PREMISES 1800 Northwest 6th Avenue, Pompano Beach, RESIDENCE FL 33060 PREMISES: COVERAGES PROVIDED - INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOR COVERAGES FOR WHICH A LIMIT OF INSURANCE IS SHOWN. SECTION I PROPERTY COVERAGE Coverage A Dwelling USD $175,000 Coverage B Other Structures USD $17,500 Coverage C Personal Property USD $17,500 Coverage D Loss of Rents USD $0 A-D TOTAL USD $210,000 Scheduled Properties USD SECTION Il LIABILITY COVERAGE Coverage E Liability USD $50,000 Coverage F Medical Payments USD $500 PREMIUM: USD $3,613.00 Premium Breakdown: Fire USD $3,613.00 Extended Coverage nc uded VMM nc uded Liability nc uded MORTGAGE HOLDERS(S) PREM. NO. BLDG. NO. MORTGAGE HOLDER NAME AND MAILING ADDRESS DEDUCTIBLE: Underwritersshall not be liable for the first USD 2,500 each and every loss, BUT INCREASED TO USD 8,750 EACH AND EVERY LOSS IN RESPECT OF WIND OR HAIL. THIS SUPPLEMENTAL DECLARATIONSAND THE COMMERCIAL PROPERTY DECLARATIONS, TOGETHERWITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETETHE ABOVE NUMBERED CERTIFICATE. Wherever in the policy the words "Company" or "Named Insured" appear therein they are deemed to mean "Underwriters"or "Assured" respectively Page 2 of 2 SCHEDULE OF FORMS AND ENDORSEMENTS Attached to Policy Number : NPHOARS000308 FORM NUMBERS FORM TITLES AOL HO 100 Contract Allocation Endorsement BASSADDEND Additional Endorsements BassFIood Flood Insurance Notice BU HODW 04 38 Property Not Covered Carports, Awnings, - Pool Enclosures, & Gazebos BU-AOB Assignment of Benefits After a Loss BU-CPT-01 Complaint Procedure BU-HO 077 Property Not Covered BU-HO-012 Pre-Existing Damage Endorsement DL 2401 Personal Liability DL 2411 Premises Liability DP 0001 Dwelling Property 1 Basic Form - DP 0312 Windstorm or Hail Percentage Deductible DP1 Dec Form DP1 Basic Form Declaration FL Policyholder Florida Policyholder Notice LMA 3100 Sanction Limitation and Exclusion Clause LMA 5020 Service of Suit (U.S.A) LMA 5062 Fraudulent Claim Clause LMA 5393 COMMUNICABLE DISEASE ENDORSEMENT LSW699 Minimum Earned Premium NMA 1191 Radioactive Contamination Clause NMA 2920 Terrorism Exclusion Endorsement NMDSTRM2 HURRICANE or TROPICAL STORM IRMA EXCLUSION NMDSTRMEXCL06 Hurricane or Tropical Storm Dorian Exclusion PRIVSTAT Privacy Statement CHOICE OF LAW AND JURISDICTION Any disputes between the Assured and Underwriters concerning the interpretation of this policy shall be governed by the Law of State of Risk and in respect of Jurisdiction NMA 1998 shall apply. It is understood and agreed that using the term "occurrence" shall include the following definition: "For the purposes of this insurance occurrence shall mean any loss or series of losses arising out of one event". Dated 5/7/2020 CONTRACT ALLOCATION ENDORSEMENT This insurance is effected with certain insurance underwriters (hereinafter called the "Underwriters"). The following words shall be deemed to be synonymous: "Underwriters","Insurers" and "Company". The liability of each Underwriter on this contract with the Insured is limited to the participationamount shown in the schedule below. The liability of each separate contract listed and for each Underwriter representedthereby for any loss or losses or amounts payable is several as to each and shall not exceed its participationpercentage shown below and there is no joint liability of any Underwriters pursuant to this contract. An Underwriter shall not have its liability hereunder increased or decreased by reason of failure or delay of another Underwriter, its successors, assigns, or legal representatives. Any loss otherwise payable under the provisions of the attached policy that exceeds the allocation of "Risk" as defined herein shall be bourne proportionatelyby the contracts as to their limit of liability at the time and place of the loss bears to the total allocated limits herein. This contract shall be constructed as a separate contract between the Insured and each of the Underwriters. This evidence of coverage consists of separate sections of a composite insurancefor all Underwriter'sat Lloyd's combined and separate policies issued by the insurance company(ies), all as identified below. This evidence of coverage does not constitute in any manner or form a joint certificate of coverage by Underwriter'sat Lloyd's with any other Insurance company(ies). In witness whereof, the following Underwritersexecute and attest these presents, and subscribefor the amount of insurance provided. The security is as noted below. PERILS (AS PER COMPANY CONTRACT # POLICY # PARTICIPATION PREMIUM POLICY) CODE DP1 INCL WH B0831 P020742020HORS 001 NPHOARS000308 $210,000 I 100% $946 PL B0831 P020742020HORS 001 NPHOARS000308 $50,000 I 100% $25 WH B0831 P030722020HORS 002 NPHOARS000308 $210,000 I 100% $2,617 AOL HO 100 (08/19) 1 of 2 ALLOCATION OF LIABILITY: The contracts herein cover mutually exclusive perils. The maximum limit of liability is not to exceed the per occurrence participationstated herein, regardless of whether multiple perils and multiple contracts are involved. Recognitionof liabilityby either of the contracts reduces the limit of liabilityof any corresponding contract. The liabilityotherwise determined to exist under the terms and conditions of this policy shall be bourne by the contract covering the proximate cause of loss identified in the allocation of security.Any loss covered by the policy by a peril not allocated to a contract herein shall be bourne by the contract covering the most comprehensive perils, generally in accordance with the ISO Special Causes of Loss Contracts. The liability of the policy shall not be increased or decreased by any condition of the allocation to specific contracts on this endorsement. Covered perils shall be defined by the applicable forms attached to this policy or otherwise as per the industry standard definition. SYMBOLS USED HEREIN: LINE OF COVERAGE / CAUSE OF LOSS SYMBOL COMPANY CODE INSURER Dwelling Property 1 - Basic Form DP1 001 HDI Global Specialty SE 002 Lloyds of London Dwelling Property 2 - Broad Form DP2 Dwelling Property 3 - Special Form DP3 Homeowners 1 - Basic Form HO1 Homeowners 2 - Broad Form H02 Homeowners 3 - Special Form H03 Homeowner 4 - Contents Broad Form HO4 Homeowners 5 - Comprehensive Form H05 Homeowners 6 - Unit Owners Form H06 Homeowners 8 - Modified Coverage Form H08 Windstorm and Hail WH Named Storm NS Hurricane H Flood F Earthquake Q Homeowner's Section I (propertycoverage) SECTI Homeowner's Section Il (liability Coverage) SECT Il Personal Liability PL Excluding EXCL Including INCL Equipment Breakdown EBD Identity Fraud Expense Coverage IDF AOL HO 100 (08/19) 2 of 2 The Endorsements Listed Below Modify, and May Reduce Your Coverage. Please Read Carefully Each EndorsementThat Applies to Your Policy. ADDITIONAL ENDORSEMENTS DEDUCTIBLE APPLICATION ENDORSEMENT It is agreed that the deductible as shown on policy declarations and/or schedule applies separately to each item insured under this policy or certificate. The deductibleshall also apply separately to building and contents coverage; as well as separately to each unit. FULLY EARNED ENDORSEMENT It is agreed that in the event of a total loss to the insured unit, the premium for that unit shall be considered FULLY EARNED by the Company. No return premium shall be due the insured for that unit. This endorsement shall not apply when inconsistent with a premium finance agreement or state law. COINSURANCE An 80% Coinsurance percentage is shown in the Declarationsand the following condition applies: We will not pay the full amount of any loss if the value of the covered Dwelling at the time of loss times the 80% Coinsurance percentage shown for it in the Declarations is greater than the Limit of Insurance for the Dwelling. Instead, we will determine the most we will pay using the following steps: (1) Multiply the value of the covered Dwelling at the time of loss by the 800/o Coinsurance percentage; (2) Divide the Limit of Insurance of the Dwelling by the figure determined in step (1); (3) Multiply the total amount of loss, before the application of any deductible, by the figure in step (2); and (4) Subtract the deductible from the figure determined in step (3). We will pay the amount determined in step (4) or the limit of insurance, whichever is less. For the remainder, you will either have to rely on other insurance or absorb the loss yourself. MEDICAL PAYMENTS TO OTHERS The limit of liability stated under medical payments on the policy face applicable to each person is the limit of liability for all expenses incurred by or on behalf of each person who sustains Bodily Injury as the result of any one accident. The limit of liability for all expenses incurred by or on behalf of two or more persons who sustain Bodily Injury as the result of any one accident is $25,000. BassAddEnd (05/12) Page 1 of 10 The Endorsements Listed Below and May Reduce Your Coverage. Modify, Please Read Carefully Each EndorsementThat Applies to Your Policy. ADDITIONAL ENDORSEMENTS CANCELLATION CLAUSE NOTWITHSTANDING anything contained in this Insurance to the contrary this Insurance may be cancelled by the Assured at any time by written notice or by surrenderof this contract of insurance. This Insurance may also be cancelled by or on behalf of the Underwriters by delivering to the Assured or by mailing to the Assured, by registered, certified or other first classmail, at the Assured's address as shown in this Insurance, written notice stating when, not less than 10 days thereafter, the cancellation shall be effective. The mailing of such notice as aforesaid shall be sufficient proof of notice and this insurance shall terminate at the date and hour specified in such notice. If this insurance shall be cancelled by the Assured the Underwriters shall retain the customaryshort rate proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the earned premium hereon or the customary short rate proportion of any minimum premium stipulated herein whichever is the greater. If this Insuranceshall be cancelled by or on behalf of the Underwriters the Underwriters shall retain the pro rata proportion of thepremium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the earned premium hereon or the pro rata proportion of any minimum premium stipulated herein whichever is the greater. Payment or tender of any unearned premium by the Underwriters shall not be a condition precedent to the effectiveness of Cancellation but such payment shall be made as soon as practicable. If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction thereof, such period shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. SEVERAL LIABILITY NOTICE The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations. DUTY TO DEFEND Where there is no coverage under this policy, there is no duty to defend. GUN CLAUSE No coverage is provided hereunder for any bodily injury, property damage or medical payments resulting fromor attributed to the discharging of any firearm whether accidental or intentional. BassAddEnd (05/12) Page 2 of 10 The Endorsements Listed Below Modify, and May Reduce Your Coverage. Please Read Carefully Each EndorsementThat Applies to Your Policy. ADDITIONAL ENDORSEMENTS ELECTRONIC DATA ENDORSEMENT B 1. ElectronicData Exclusion Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood, and agreed as follows: (a) This Policy does not insure loss, damage, distortion, erasure, corruption or alteration of ELECTRONIC DATA from any whatsoever (including but not limited to COMPUTER VIRUS) or loss of use, reduction in cause functionality, cost, expense of whatsoevernature resulting therefrom, regardless of any other cause or event contributing concurrentlyor in any other sequence to the loss. ELECTRONIC DATA means facts, concepts and information converted to a form useable for communications, interpretation processing by electronic and electromechanical data processing or electronicallycontrolled or equipment and includes programs, software, and other coded instructionsfor the processing and manipulation of data or the direction and manipulation of such equipment. COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructionsor code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoevernature. COMPUTER VIRUS includes but it not limited to 'Trojan Horses', 'worms', and 'time or logic bombs' (b) However, in the event that a peril listed below results from any of the matters described in paragraph (a) above, this Policy, subject to all its terms, conditions and exclusions, will cover physical damage occurring during the Policy period to property insured by this Policy directly caused by such listed peril. Listed Perils: Explosion 2. ElectronicData Processing Media Valuation Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows: Should electronic data processing media insured by this Policy suffer physical loss or damage insured by this Policy, then the basis of valuation shall be the cost of the blank media plus the costs of copying the ELECTRONIC DATA from back-up or from originals of a previous generation. These costs will not include research and engineering any costs of recreating, gathering or assembling such ELECTRONIC DATA. If the media is not nor repaired, replaced or restored the basis of valuation shall be the cost of the blank media. However this Policy does not insure any amount pertaining to the value of such ELECTRONIC DATA to the Assured or any other party, even if such ELECTRONICDATA cannot be recreated, gathered or assembled. BassAddEnd (05/12) Page 3 of 10 The Endorsements Listed Below Modify, and May Reduce Your Coverage. Please Read Carefully Each EndorsementThat Applies to Your Policy. ADDITIONAL ENDORSEMENTS ELECTRONIC DATE RECOGNITION EXCLUSION This policy does not cover any loss, damage, cost, claim or expense, whether preventative, remedial or otherwise, directly or indirectlyarising out of or relating to: a) thecalculation, comparison, differentiation,sequencing or processing of data involving the date change to the year 2000, or any other date change including leap year calculations, by any computer system, hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the Insured or not; or b) any change, alteration, or modification involving the date change to the year 2000, or any other date change including leap year calculations, to any such computer system, hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computerequipment, whether the property of the insured or not. This clause applies regardless of any other cause or event that contributes concurrentlyor in any sequence to the loss, damage, cost, claim or expense. COMMUNICABLE DISEASE EXCLUSION There is no coverage afforded by this policy for any liability arising out of the transmission of a communicable disease by an insured or by any other person for whom the insured is legally responsible. APPLICABLE LAW (U.S.A.) This Insuranceshall be subject to the applicable state law to be determined by the court of competent jurisdiction as determined by the provisions of the Service of Suit Clause (U.S.A.) PUNITIVE AND/OR EXEMPLARY DAMAGES EXCLUSION Punitive orexemplarydamages are not covered under this policy nor are any expenses, nor any obligation to share damages with or repay anyone else who must pay damages from same. U.S.A. & CANADA LAND, WATER AND AIR EXCLUSION Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or with any other Endorsement which forms part of the Policy), this Policy does not insure land (including by not limited to land on which the insured property is located), water or air, howsoever and wherever occurring, or any interest or right therein. BassAddEnd (05/12) Page 4 of 10 The Endorsements Listed Below and May Reduce Your Coverage. Modify, Please Read Carefully Each EndorsementThat Applies to Your Policy. ADDITIONAL ENDORSEMENTS SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or with any other Endorsement which forms part of the Policy), this Policy does not insure: a) any loss, damage, cost or expense, or b) any increase in insured loss, damage, cost or expense, or c) any loss damage, cost expense, fine or penalty, which is incurred, sustained or imposed by order, direction, instruction or request of, or by any agreement with, any court, government agency or any public, civil or military authority, or threat thereof, (and whether or not as a result of public or private litigation), which arises from any kind of seepage or any kind of pollution and/or contamination, or threat thereof, whether or not caused by or resulting from a peril insured, or from steps or measures taken in connection with the avoidance, prevention, abatement, mitigation, remediation, clean-up or removal of such seepage or pollution and/or contamination or threat thereof. The term 'any kind of seepage or any kind of pollution and/or contamination' as used in this Endorsement includes (but is not limited to): a) seepage of, pollution and/or contamination by, anything, including but not limited to, any material or designated 'hazardous material' by the United States Environmental Protection Agency or as a s a 'hazardous material' by the United States Department of Transportation, or Defined as a'toxic substance' by the Canadian Environmental Protection Act for the purposes of Part Il of that Act, or any substance designated or defined as toxic, dangerous, hazardous or deleterious to persons or the environment under any other Federal, State, Provincial, Municipal or other law, ordinance or regulation; and b) the presence, existence, or release of anything which endangers or threatens to endanger the health, safety or welfare of persons or the environment. ASBESTOS, LEAD & SILICA DUST EXCLUSION Asbestos, Lead or Silica Dust is not covered under this policy, nor are any expenses nor any obligation to share damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising or alleged to have arisen out of: (A) Bodily injury, property damage or medical expenses of any type, arising out of the inhalation, ingestion, physical exposure to, absorption of, or toxic substances from asbestos, lead or silica dust in any form, or from any goods, products or structures containing same, or property damage or devaluation of property arising from any form of same; or (B) Existence of asbestos, silica dust or lead, in any form, in occupancy or construction, or the manufacture, sale, transportation,handling, storage, disposal, or removal of same, or goods or products containing same, or Any supervision, instructions, recommendations, requests, warnings or advice given or which should have been given, as well as any costs, including but not limited to abatement, mitigation, removal, contain, treat, detoxify, neutralize, or disposal of same or in any way respond to or assess the effects of same. BassAddEnd (05/12) Page 5 of 10 The Endorsements Listed Below and May Reduce Your Coverage. Modify, Please Read Carefully Each EndorsementThat Applies to Your Policy. ADDITIONAL ENDORSEMENTS DEBRIS REMOVAL ENDORSEMENT THIS ENDORSEMENT CONTAINS PROVISIONSWHICH MAY LIMIT OR PREVENTRECOVERY UNDER THIS POLICY FOR LOSS WHERE COSTS OR EXPENSES FOR DEBRIS REMOVAL ARE INCURRED. Nothing contained in this Endorsement shall override any Seepage and/or Pollution and/or contamination Exclusion or any Radioactive Contamination Exclusion or any other Exclusion applicable to this Policy. Any provision within this Policy (or within any other Endorsement which forms part of this Policy) which insures debris removal is cancelled and replaced by the following: 1) physical damage to or destruction of property, for which Underwriters hereon agree In the event of direct to pay, or which but for the application of a deductible or underlying amount they would agree to pay (hereinafter referred to as 'Damage of Destruction'), this Policy also insures, within the sum insured, subject to the limitations and method of calculation below, and to all the other terms and conditions of the Policy, costs or expenses; (a) which are reasonably and necessarily incurred by the Assured in the removal, from the premises of the Assured at which the Damage or Destruction occurred, of debris which results from the Damage (b) of which the Assured becomes aware and advises the amount thereof to Underwriters hereon within one year of the commencement of such Damage or Destruction. or Destruction; 2) In calculating the amount, if any, payable under this Policy for loss where costs or expenses for removal of debris are incurred by the Assured (subject to the limitations in paragraph 1 above): (a) the maximum amount of such costs and expenses that can be included in the method of calculation set out in (b) below shall be greater of U.S. $25,000 (twenty-five thousand dollars) or 10% (ten percent) of the amount of the Damage or Destruction from which such costs or expenses result; and (b) the amount of such costs or expenses as limited in (a) above shall be added to: (i) the amount of the Damage or Destruction; and (ii) all other amounts of loss, which arise as a result of the same occurrence, and for which Underwriters hereon also agree to pay, or which but for the application of a deductible or underlying amount they would agree to pay; and the resulting sum shall be the amount to which any deductible or underlying amount to which this Policy is subject and the limit (or applicable sub-limit) of this Policy, shall be applied. BIOLOGICAL OR CHEMICAL MATERIALS EXCLUSION It is agreed that this Insurance excludes loss, damage, cost or expense of whatsoevernature directly or indirectly caused by, resulting from or in connection with the actual or threatened malicious use of pathogenic or poisonous biological or chemical materials regardless of any other cause or event contributing concurrentlyor in any other sequence thereto. BassAddEnd (05/12) Page 6 of 10 The Endorsements Listed Below Modify, and May Reduce Your Coverage. Please Read Carefully Each EndorsementThat Applies to Your Policy. ADDITIONAL ENDORSEMENTS MOLD AND FUNGUS EXCLUSION CLAUSE Section One IF PROPERTY COVERAGE (SECTION I) IS AFFORDED BY THIS POLICY, THE FOLLOWING APPLIES: Notwithstanding any other provision in this policy, there is no coverage for the following: For any loss or damage involving in any way the actual or potential presence of mold, mildew, or fungi of any kind whatsoever, whether or not directly or indirectly caused by or resulting from an insured peril. Section Two IF LIABILITY COVERAGE (SECTION Il) IS AFFORDED BY THIS POLICY, THE FOLLOWING APPLIES: Notwithstanding any other provision in this policy, there is no coverage for the following: For any Bodily Injury, Property Damage or Medical Payment claim of anykind, directly or indirectlyrelating to the actual, potential, alleged or threatened presence of mold, mildew, or fungi of any kind whatsoever. We will not defend any insured with respect to any claim or "suit" seeking such damages. We will not pay for any loss, cost or expense that any Insured may occur in testing for, monitoring, removing, treating or in any way responding to