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Filing # 127752592 E-Filed 05/28/2021 12:12:00 PM
GLENFORD LEVY,
IN THE CIRCUIT COURT OF THE I 7th
JUDICIALCIRCUIT IN AND FOR
Plaintiff(s),
BROWARD COUNTY, FLORIDA
V.
GENERALJURISDICTIONDIVISION
AMERICAN SECURITY INSURANCE
CASE NO.:
COMPANY,
a foreign corporation,
FLORIDA BAR NO.: 97662
Defendant.
I
NOTICE OF FILING POLICY
COMES NOW, the Plaintiff, GLENFORD LEVY, by and through the undersignedattorney, in
accordance with the applicable Florida Rules of Civil Procedure, hereby files Notice of Filing Certified
Policy.
WE HEREBY CERTIFY that true and correct copy of the foregoing was electronically filed
with the Clerk of the above-captionedCourt.
By: /s/ ThomasA. Singer
Thomas A. Singer, Esquire
THE CARDENAS LAW GROUP, LLC
Counsel for Plaintiff
829 Northeast 79th Street
Miami, Florida 33 I 38
Telephone: 305-754-6460
Facsimile:
305-754-6 I 35
Designated Email:
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 12:11:56 PM.****
DECLARATIONS
AMERICAN SECURITY INSURANCE COMPANY
PO BOX 50355, ATLANTA, GA 30302
CERTIFICATE NUMBER: MLR15007833282
A Stock Insurance Company
CERTIFICATE PERIOD:
Issued under the provisions of
EFFECTIVE DATE
EFFECTIVE TIME
EXPIRATION DATE
Master Policy No.:
06/09/2017
12:01 am
06/09/2018
MIP-RCH-01500-00
NAMED INSURED and MailingAddress:
For ComDanv Use:
Basis:
SPECIALIZED LOAN SERVICING LLC(SLS)
Territory: 0018
ITS SUCCESSORS AND/OR ASSIGNS
Class:
P.O. BOX 620188
Other: FIR SFD 015000000OTHER
ATLANTA, GA 30362
DESCRIBED LOCATION. The property covered by this Certificate is at the describedlocation unlessotherwisestated:
10212 NW 80 CT
TAMARAC, FL 33321
COVERAGE AND LIMITS OF LIABILITY- Coverage is provided only where a premium is shown for the coverage, subject
to all conditions of this Certificate.
RESIDENTIAL PROPERTY:
LIMIT OF LIABILITY
DEDUCTIBLES
PREMIUM
Coverage A - $259,700
Windstorm, Hail or Hurricane: 2% of the Limit of Liability or
$4,076.00
Coverage B - 10% of Coverage A
$2,500, whicheveris greater.
All Other Perils: $2,500
TOTAL PREMIUM
$4,076.00
COMMERCIAL PROPERTY:
LIMIT OF LIABILITY
DEDUCTIBLES
PREMIUM
Building -
Windstorm, Hail or Hurricane:
% of the Umit of Liability or
whicheveris
,
greater.
All Other Perils:
TOTAL PREMIUM
OptionalCoverages,Assessments, Surcharges, Taxes, Fees (if applicable):
TOTALAMOUNT
$4,076.00
FORMS AND ENDORSEMENTSwhich are made a part of this Certificate at the time of issuance:
MIP 223 AS (01-12),MIP 233 (01-12),MIP05 FL (01-12),MIP243 FL (02-13)
MIP 304 FL (02-13),NOTI1256 (03-14),MIP 219 (01-12),MIP 239 FL (02-13)
BORROWER - Name and address:
GLENFORD H LEVY
10212 NW 80 CT
TAMARAC, FL 33321
Loan No.: 1010678177
CLAIMS: 1-800-326-7781
Issue Date: 06/16/2017
ALL OTHER INQUIRIES:
1-800-441-4145
Countersignature(where required)
MIP 04 AS (01-12)
Page 1 of 1
MIP04ASR-1116
AMERICAN SECURITY INSURANCE COMPANY
P.O. BOX 50355, ATLANTA, GA 30302
A Stock Insurance Company
Home Office: Wilmington, DE
Residential Dwelling Certificate
This Certificate only covers buildings and structures. Please read your Certificateand all
endorsements carefully.
THIS CERTIFICATE JACKET TOGETHERWITH THE DWELLING FORM AND ENDORSEMENTS, IF ANY, ISSUED TO FORM
A PART THEREOF, COMPLETESTHIS CERTIFICATE.
QUICK REFERENCE
Beginning
Beginning
On Page
On Page
AGREEMENT
1
CONDITIONS
DEFINITIONS
1
Certificate Period
5
COVERAGES
1
InsurableInterests
5
OTHER COVERAGES
1
Concealment or Fraud
5
Other Structures
1
Your Duties After Loss
5
Debris Removal
2
Loss Settlement
6
ReasonableRepairs
2
Loss to a Pair or Set
6
Property Removed
2
Glass Replacement
6
Collapse
2
Appraisa[
6
Glass or SafetyGlazingMaterial
2
Other Insurance
6
Ordinanceor Law
3
Subrogation
6
PERILS INSURED AGAINST
3
Action Against Us
7
GENERAL EXCLUSIONS
4
Loss Payment
7
Ordinanceor Law
4
Deductible
7
Earth Movement
4
Abandonment of Property
7
Water Damage
4
No Benefit to Bailee
7
Power Failure
5
Cancellation
7
Neglect
5
Non-Renewal
7
War
5
Liberalization Clause
7
Nuclear Hazard
5
Waiver or Change of Certificate Provisions
8
Intentional Loss
5
Assignment
8
Weather conditions
5
Nuclear Hazard Clause
8
Acts or decisions
5
Salvage and Recoveries
8
Faulty, inadequateor defective
5
Volcanic Eruption Period
8
Premiums
8
READ YOUR CERTIFICATE CAREFULLY
6, THIS CERTIFICATE CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-
POCKET EXPENSES TO YOU.'..
MIP 223 AS (01-12)
MIP223ASFL-0914
Mortgagee'sInterest Protection
Residential Dwelling Certificate
COVERAGE A - Dwelling
AGREEMENT
We will provide the insurance described in this
1.
Property Covered
We cover
Certificate in return for the premium and compliance
a.
The 1 -4 family dwe[[ing on the described
with all applicable provisionsof this Certificate and the
location shown
in
the
Declarations, used
Declarations, which is attached to and forms a part of
pMncipally for dwe[Iing purposes, including
this Certificate.
structuresattached to the dwelling;
b. Materials and suppUes located on or next to the
DEFINITIONS
described location used to construct, alter or
repair the dwelling or other structures on the
In this Certificate, you and your refer to the financial
describedlocation; and
institution
shown
as
named
insured
in
the
c.
If not otherwise covered in this Certificate,
Declarations. We, us and our refer to the Company
building equipment and outdoor equipment
providing this insurance. In addition, certain words and
used for the service of and located on the
phrases are defined as follows:
described location.
1.
Borrower refers to the person or persons who have
2.
Property Not Covered
entered into a lien or mortgage agreement with the
a.
Personal propertyof any kind.
named insured for the property shown as the
b. Outdoor trees, shrubs, plants and lawns.
describedlocation in the Declarations.
c.
Outdoor
swimming
pools;
fences,
Mers,
2.
Residential Property means the dwelling and other
wharves and docks; beach or diving platforms
structures covered by this Certificate and shown as
or
appurtenances;
retaining
walls
not
the described location in the Declarations.
constituting a
part
of
buildings;
walks,
3.
Net Loan Balance means and is limited to only the
roadway; and other paved surfaces.
unpaid principal balance plus earned interest as of
d.
Cost of excavations, grading or filling.
the date of loss.
e.
Foundations of buildings, machinery, boiler-s or
4.
Actual Cash Value means the cost of replacing the
engines which foundations are below the
damaged or destroyed property with a comparable
surface of the ground.
new property, minus depreciation and obsolescence.
f.
Pilings, piers, pipes, flues and drains which are
5.
Described Location.
The legal description, or
underground.
common street address, of real property which has
g.
Pilings which are below the low water mark.
been pledged under a valid deed of trust, mortgage
h.
Land, including land on which the residential
document, or any other mortgage instrument as
propertyis located.
security for a loan made, assumed or serviced by an
insured and upon which a building is situated.
COVERAGE B - Other Structures
6.
Dwelling. A building designed for use as a
residence for no more than four families or a
We cover other structures on the described location,
mobile home.
set apart from the dwelling by clear space. This
7.
Mobile Home means:
includes structures connected to the dwelling by only a
a.
A building which satisfies the National Mobile
fence, utility line, or similar connection.
Homes Construction and Safety Standards, as
presently existing or hereafter amended, or the
This coverage does not apply to [and, including land on
American Society of Civil Engineers Standard
which the other structures are located.
ANSI/ASCE 7-88.
b.
A manufactured home is a structure built on a
We do not cover other structures used in whole or in
permanent chassis, transported to its site in
part
for
commercial,
manufacturing or
farming
one
or
more
sections and
affixed to
a
purposes.
permanent foundation.
OTHER COVERAGES
COVERAGES
1. Other Structures. You may use up to 10% of the
This insurance applies to the described location,
Coverage A Limit of Liability for toss by a Peril
coverages for which a Limit of Liability is shown and
Insured Against to other structures described in
Perils Insured Against for which a premium is stated.
Coverage B.
MIP 233 (01-12)
Page 1 of 8
MIP233-0212
Includes copyrighted material of Insurance Services Office with its permission
Use of this coverage does not reduce the Coverage
cracking,
bulging,
sagging,
A
bending,
Umit of Liability for the same loss.
leaning, settling, shrinkageor
2.
Debris
expansion.
Removal. We will pay up to 10% of the
b. We insure for risk of direct physical loss to
Coverage A Umit of Liability for your reasonable
covered
property involving collapse of a
expense for the removal of:
residential property or any part of a
a.
DebMs of covered property if a Peril Insured
residential property caused only by one or
Againstcauses the loss; or
more of the following:
b. Ash, dust or particles from a volcanic eruption
(1) Perils Insured Against. These perils apply to
that has caused direct loss to a dwelling.
covered
residential property for loss
Use of this coverage does not reduce the Coverage
insured by this Other
A
Coverage;
Umit of Uability for the same loss.
(a) Fire or Ughtning
3.
Reasonable Repairs.
(b) Windstorm or Hail
a.
In the event that covered property is damaged
(c) Explosion
by a Peril Insured Against, we will pay the
(d) Riot or Civil Commotion
reasonable cost incurred by you for necessary
(e) Aircraft
measures taken solely to protect against further
(f) Vehicles
damage.
(g) Smoke
b. If the measures taken involve repair to other
(h) Vandalismor Malicious Mischief
damaged property, we will pay for those
(i) Damage by Burglars
measures only if that property is covered under
(j) Falling Objects
this
Certificate and
the
damage to that
(k) Weight of Ice, Snow or Sleet
property is caused by a PeMl Insured Against.
(1) Accidental Discharge or Overflow of
This coveragedoes not:
Water or Steam
(1) Increase the Coverage A Limit of Liability
(m) Sudden and Accidental Tearing Apart,
that applies to the covered property;
Cracking, Burningor Bulging
(2) Relieveyou of your duties, in case of a loss
(n) Freezing
to
covered
property, as set forth in
(o) Sudden and Accidental Damage From
Condition4.b.
ArtificiallyGenerated Electrical Current
4.
PropertyRemoved.
(p) Votcanic Eruption
We insure covered propertyagainst direct loss from
(2) Hidden decay;
any cause while being removed from a described
(3) Hidden insect or vermin damage;
location endangered by a Peril Insured Against and
(4) Weight of contents, equipment, animals or
for no more than 30 days while removed.
people;
This coverage does not change the Limit of Liability
(5) Weight of rain which collects on a roof;
that applies to the propertybeing removed.
(6) Use of defective material or methods in
5.
Collapse.
construction, remodeling or renovation if
a.
With respectto this Other Coverage:
the collapse occurs during the course of the
(1) Collapse means an abrupt falling down or
construction,remodeling or renovation.
caving in of a residential property or any
c.
Loss to an awning, fence, patio, pavement,
part of a residential property with the
swimming pool, underground pipe, flue, drain,
result that the residential property or part
cesspool, septic tank, foundation,
of
retaining
the residential property cannot be
wall, bulkhead, pier, wharf or dock is not
occupied for its current intended purpose.
included under items b.(2) through (6) above
(2) A residential propeny or any part of a
unless the loss is a direct result of the collapse
residential property that is in danger of
of a residential property or any part of a
falling down or caving in is not considered
residentialproperty.
to be in a state of collapse.
d. This coverage does not increase the Coverage A
(3) A part of a residential property that is
Umit of Uability that applies to the damaged
standing is not considered to be in a state
covered property.
of collapse even if it has separated from
6.
Glass or Safety GlazingMaterial.
another part of the residentialproperty.
a.
We cover:
(4) A building or any part of a building that is
(1) The breakage of glass or safety glazing
standing is not considered to be in a state
material which is part of a covered
of collapse even if it shows evidence of
residential propeny, storm door or storm
window;
MIP 233 (01-12)
Page 2 of 8
MJP233-0212
Includes copyrightedmaterialof InsuranceServices Office with its permission
(2) The breakage of glass or safety glazing
respond to, or assess the effects of,
material
which
is
part of a covered
pollutants in or on any covered residential
residential property, storm door or storm
property.
window when caused directly by earth
Pollutants means any solid, liquid, gaseous
movement; and
or
thermal
irMtant
or
contaminant,
(3) The direct physical loss to covered property
including smoke, vapor, soot, fumes, acids,
caused solely by the pieces, fragments or
alkalis,
chemicals
and
waste.
Waste
splinters of broken glass or safety glazing
includes
materials
to
be
recycled,
material which is part of a residential
reconditioned or reclaimed.
property, storm door or storm window.
This coverage is additionalinsurance.
b. This coverage does not include loss to covered
property which results because the glass or
PERILS INSURED AGAINST
safety glazing material has been broken, except
as provided in a.(3) above.
COVERAGE A - DWELLING and
c.
This coverage does not increase the Coverage A
COVERAGE B - OTHERSTRUCTURES
Limit of Uability that applies to the damaged
property.
We insure against risk of direct loss to property
7.
Ordinance Or Law.
described in Coverages A and B only if that toss is a
a.
The Ordinance Or Law Umit of Uability
physical loss to property; however, we do not insure
determined in b. below will apply with respect
loss:
to the increased costs due to the enforcement
of any ordinance or law which requires or
1. Exctuded under General Exclusions;
regulates:
2.
Involving collapse, other than as provided in Other
(1) The construction, demolition, remodeling,
Coverages 5;
renovation or repair of that part of a
3. Caused by:
covered residential property damaged by a
a.
Freezing, thawing, pressure or weight of water
Peril Insured Against;
or ice, whether driven by wind or not, to a
(2) The demolition and reconstruction of the
(1) Fence, pavement, patio or swimming pool;
undamaged part of a covered residential
(2) Footing, foundation, bulkhead, wall, or any
property, when that residential property
other structure or device that supports all
must be totally demolished because of
or part of a building or other structure;
damage by a Peril Insured Against to
(3) Retaining wall or bulkhead that does not
another part of that covered residential
support all or part of a building or other
property; or
structure; or
(3) The remodeling, removal or replacementof
(4) Pier, wharf or dock;
the ponion of the undamaged part of a
b. Theft of property not part of a covered
covered residential property necessary to
residentialpropertyor structure;
complete
the
remodeling,
repair
or
c.
Theft in or to a dwelling or structure under
replacement of that part of the covered
construction;
residential property damaged by a Peril
d. Wind, hail, ice, snow or sleet to:
Insured Against.
(1) Outdoor radio and television antennas and
b.
If you are an owner of a described location,
aerials including their lead-in wiring, masts
and that location is insured for Coverage A,
or towers; or
you may use up to 10% of the Limit of Liability
(2) Trees, shrubs, plants or lawns;
that applies to Coverage A at each described
e.
Constant or repeated seepage or leakage of
location.
This
limit includes any resulting
water or steam over a period of weeks, months
debris removalexpense.
or years from within a plumbing, heating, air
c.
We do not cover:
conditioning or
automatic
fire
protective
(1) The loss in value to any covered residential
sprinkler system or from within a household
property due to the requirements of any
appliance;
ordinance or law; or
For
purposes of this provision, a
plumbing
(2) The costs to comply with any ordinance or
system or household appliance does not include
law which requires you or others to test
a sump, sump pump or related equipment or a
for, monitor, clean up, remove, contain,
roof drain, gutter, downspout or similar fixtures
treat, detoxify or neutralize, or in any way
or equipment;
MIP 233 (01-12)
Page 3 of 8
NUP233-0212
Includes copyrightedmaterial of InsuranceServices Office with its permission
f.
Any of the following:
contributing concurrently or in any sequence to the
(1) Wear and tear, marring, deterioration;
loss.
These exclusions apply whether or not the
(2) Inherent vice, latent defect, mechanical
loss event results in widespread damage or affects
breakdown;
a substantialarea.
(3) Smog, rust or other corrosion, fungi, mold,
a.
Ordinance or Law.
wet or dry rot.
Ordinance or Law means any ordinance or law:
Fungi means any type or form of fungus,
(1) Requiring or regulating the construction,
including mold
or
mildew,
and
any
demolition,
remodeling, renovation or
mycotoxins, spores, scents or by-products
repair of property, including removal of any
produced or released by fungi;
resulting debris. This exclusion 1.a.(1) does
(4) Smoke from
agricultural smudging or
not apply to the Limit of Liability that may
industrial operations;
be provided under Other Coverage 7.
(5) Discharge, dispersal, seepage, migration
Ordinance or Law:
release or escapeof pollutants.
(2) The requirements of which result in a loss
Pollutants means any solid, liquid, gaseous
in value to property; or
or
thermal
irritant
or
contaminant,
(3) Requiring you or others to test for,
including smoke, vapor, soot, fumes, acids,
monitor, clean up, remove, contain, treat,
alkalis,
chemicals
and
waste.
Waste
detoxify or neutralize, or in any way
includes
materials
to
be
recycled,
respond to, or assess the effects of,
reconditionedor reclaimed;
pollutants.
(6) Settling, shrinking, bulging or expansion,
Pollutants means any solid, liquid, gaseous
including resultant cracking, of pavements,
or
thermal
irritant
or
contaminant,
patios, foundations, walls, floors, roofs or
including smoke, vapor, soot, fumes, acids,
ceilings; or
alkalis, chemicals and waste.
Waste
(7) Birds, vermin, rodents, insects or domestic
includes
materials
to
be
recycled,
animals.
reconditioned or reclaimed.
If any of these cause water damage not otherwise
This exclusion 1.a. applies whether or not the
excluded,
from
a
plumbing,
heating,
air
propertyhas been physically damaged.
conditioning or automatic fire protective sprinkler
b. Earth Movement.
system
or
household
appliance,
we
cover
loss
Earth Movementmeans:
caused by the water including the cost of tearing
(1) Earthquake, including land shock waves or
out
and
replacing any part of a residential
tremors before, duMng or after a volcanic
property
necessary
to
repair the
system
or
eruption;
appliance.
We do not cover loss to the system or
(2) Landslide, mudstide or mudflow;
appliancefrom which this water escaped.
(3) Subsidence or sinkhole;or
For
the
purposes
of
this
provision, a plumbing
(4) Any other earth movement including earth
system or household appliance does not include a
sinking, rising or shifting;
sump,
sump pump or related equipment or roof
caused by or resulting from human or animal
drain,
gutter,
downspout or similar fixtures or
forces or any act of nature unless direct loss by
equipment.
fire or explosion ensues and then we will pay
only for the ensuing loss.
General Exclusion 1.c. Water Damage, Paragraphs (l)
c.
Water Damage,
and
meaning:
(3) that apply to surface water and water below
(1) Flood, surface water, waves, tidal
the surface of
water,
ground do not apply to loss by water
overflow of a body of water, or spray from
covered under 3.f. above.
any of these, whether or not driven by
wind;
Under items 1. and 2., any ensuing loss to property
(2) Water or water-borne material which backs
described in Coverages A and B not excluded or
up through sewers or drains
or
which
excepted in this Certificateis covered.
overflows from a sump, sump pump or
related equipment;or
GENERAL EXCLUSIONS
(3) Water or water-borne material below the
surface of the ground, including water
1. We do not insure for loss caused directly or
which exerts pressure on or seeps or leaks
indirectly by any of the following. Such loss is
through a residential property, sidewalk,
excluded regardless of any other cause or event
MIP 233 (01-12)
Page 4 of 8
MIP233-0212
Includes copyrighted materialof InsuranceServices Office with its permission
driveway, foundation, swimming pool or
2.
Insurable Interest.
Even if more than one person
other structure;
has an insurable interest in the property covered,
Caused by or resulting from human or animal
we will not be liable in any one loss:
forces or any act of nature.
a.
For an amount greater than the interest of a
Direct loss by fire or explosion resulting from
person insured under this Certificate; or
water damage is covered.
b.
For more than the applicable Limit of Liability
d.
Power Failure, meaning the failure of power or
as shown in the Declarations.
other utility service if the failure takes place
If the described
location is vacant and the
off the described location. But, if a Peril
mortgage on the property has been declared in
Insured Against ensues on the described
default by the mortgagee at the time of a loss, we
location, we will pay only for that ensuing loss.
shall pay no more than the named insured's
e.
Neglect, meaning your neglect to use all
interest in the property at the time of loss unless
reasonable means
to
save
and
preserve
the borrowerparticipatesin the claim.
propertyat and after the time of a loss.
The named insured's interest is represented by the
f.
War, including undeclared war, civil war,
borrower's net loan balance.
insurrection, rebellion, revolution, warlike act
3.
Concealment or Fraud. We provide coverage to no
by a military force or military personnel,
persons insured under this Certificate if, whether
destruction or seizure or use for a military
before or after a loss, one or more persons insured
purpose, and including any consequence of any
under this Certificate have:
of these. Dischargeof a nuclear weapon will be
a.
Intentionally concealed or misrepresented any
deemed a warlikeact even if accidental.
material fact or circumstance
g.
Nuclear Hazard, to the extent set forth in the
b. Engaged in fraudulent conduct;or
Nuclear Hazard Clause of the Conditions.
c.
Made false statements;
h. Intentional Loss, meaning any loss aMsing out
relating to this insurance.
of any act committed:
4.
Your Duties After Loss. In case of a loss to covered
(1) By you or at your direction; and
property, you must see that the following are done:
(2) With the intent to cause a loss.
a.
Give promptnotice to us or our agent;
2. We do not insure for loss to property described in
b.
(1) Protect the propertyfrom further damage;
Coverages A and B caused by any of the following
(2) Make reasonable and necessary repairs to
However, any ensuing loss to property descMbed in
protect the property; and
Coverages A and B not excluded or excepted in this
(3) Keep an accurate record of repair expenses;
Certificate is covered.
c.
Cooperate with us or our representative in the
a.
Weather conditions. However, this exclusion
investigation of a claim;
only applies if weather conditions contribute in
d. As often as we reasonablyrequire:
any way with a cause or event excluded in
(1) Show the damaged property;
paragraph 1. above to produce the loss;
(2) Provide us with records and documents we
b. Acts or decisions, including the failure to act
requestand permit us to make copies; and
or decide, of any person, group, organization or
(3) Submit to examination under oath, while
governmentalbody;
not in the presence of any other named
c.
Faulty, inadequate or defective;
Insured, and sign the same;
(1) Planning, zoning, development, surveying,
e.
Send to us, within 60 days after our request,
siting;
your signed, sworn proof of loss which sets
(2) Design, specifications, workmanship, repair,
forth, to the best of your knowledge and
construction,
renovation,
remodeling,
belief:
grading, compaction;
(1) The time and cause of loss;
(3) Materials used
in
repair, construction,
(2) Your interest and that of all others in the
renovation or remodeling; or
property involved and all liens on the
(4) Maintenance;
property;
of part or all of any propertywhether on or off
(3) Other insurancewhich may cover the loss;
the described location.
(4) Changes in title or occupancy of the
propertyduring the term of the Certificate;
CONDITIONS
(5) Specifications
of
damaged
residential
property and detailed repair estimates.
1.
Certificate Period. This Certificate applies only to
loss which occurs during the Certificate period.
MIP 233 (01-12)
Page 5 of 8
MIP233-0212
Includes copyrightedmaterialof Insurance Services Office with its permission
5.
Loss Settlement.
on actual cash value basis.
You may then
In this Condition 5., the terms "cost to repair or
make
claim
for
any
additional
liability
replace" and "replacement cost" do not include the
according to the provisions of this Condition 5.
increased costs incurred to comply with the
Loss Setttement, provided you notify us of
enforcement of any ordinance or law except to the
your intent to do so within 180 days after the
extent that coverage for these increased costs is
date of loss.
provided in Other Coverage 7. Ordinance Or Law.
6.
Loss To A Pair Or Set.
Covered property losses are settled as follows:
In case of loss to a pair of set we may elect to:
a.
Property of the following types:
a.
Repair or replace any part to restore the pair or
(1) Awnings, carpeting, household appliances,
set to its value before the loss; or
outdoor antennas and outdoor equipment,
b.
Pay the difference between actual cash value
whetheror not attached to buildings; and
of the propertybefore and after the loss.
(2) Structures that are not buildings;
7. Glass Replacement. Loss for damage to glass
at actual cash value at the time of loss but not
caused by a PeMl Insured Against will be settled on
more than the amount required to repair or
the basis of replacement with safety glazing
replace.
materials when required by ordinance or law.
b.
Buildings under Coverage A or B at replacement
8.
Appraisal. If you and we fail to agree on the
cost
without
deduction
for
depreciation,
amount of loss, either may demand an appraisal of
subjectto the following:
the loss. In this event, each party will choose a
We will pay the cost to repair or replace, after
competent appraiser within 20 days after receiving
application of any deductible and without
a
written
request from the other. The two
deduction for depreciation, but not more than
appraisers will choose an umpire. If they cannot
the least of the following amounts:
agree upon an umpire within 15 days, you or we
(1) The Limit of Liability under this Certificate
may request that the choice be made by a judge of
that applies to the residentialproperty;
a court of record in the state where the described
(2) The replacement cost of that part of the
location is located. The appraisers will separately
residential
property
damaged
with
set the amount of loss. If the appraisers submit a
material of like kind and quality and for
written report of an agreement to us, the amount
like use;
agreed upon will be the amount of loss. If they fait
(3) The necessary amount actually spent to
to agree, they will submit their differences to the
repair or replace the damaged residential
umpire. A decision agreed to by any two will set
property; or
the amount of toss.
(4) The net loan balance at the time of loss.
Each partywill:
If the residential property is rebuilt at a new
a.
Pay its own appraiser; and
premises, the cost described in (2) above is
b.
Bear the other expenses of the appraisal and
limited to the cost which would have been
umpire equally.
incurred if the residential property had been
9. Other Insurance. If we have issued a Certificate of
built at the original premises.
insurance because you have not received evidence
c.
We will pay no more than the actual cash value
of other acceptable insurance from the borrower
of
the
damage
until
actual
repair or
and you subsequently receive such evidence, you
replacement is complete. Once actual repair or
shall immediatelynotify us and request coverage to
replacementis complete, we will settle the loss
be
terminated
on
the
described
location.
as noted in b. above.
Coverage on any described location provided under
However, if the cost to repair or replace the
this Certificate wit[ be terminated on the effective
damage is both:
date of other acceptable insurance.
(1) Less than 5% of the Limit of Liability in this
If there is any other valid or collectible insurance
Certificate on the residential property;
which would attach if the insurance under this
and
Certificate had not been effected, this insurance
(2) Less than $2,500;
shall apply only as excess and in no event as
we will settle the loss as noted in b. above
contMbuting insurance and then only after all other
whether or not actual repair or replacement is
insurancehas been exhausted.
connplete.
10. Subrogation (Our Rights of Recovery). In the event
d. You may disregard the replacement cost loss
of any claim under this Certificate, we are entitled
settlement provisions and make claim under this
to all your rights of recovery against another
Certificate for loss to residential property
person. You must sign and deliver to us any legal
MIP 233 (01-12)
Page 6 of 8
MIP233-0212
Includes copyrightedmaterialof InsuranceServices Office with its permission
papers relating to that recovery, do whatever else
address shown in the Declarations. Proof of
is necessary to help us exercise those rights and do
mailing will be sufficientproof of notice.
nothing after loss to prejudice our rights.
(1) When the named insured has not paid the
When you have made a claim under this Certificate
premium, we may cancel at any time by
and also recover from another person, the amount
letting the named insured know at least 10
recovered from the other person shall be held by
days before the date cancellation takes
you in trust for us and reimbursed to us to the
effect.
extent of any damages paid by us under this
(2) When this Certificate has been in effect for
Certificate.
less than 60 days and is not a renewal with
11. Action Against Us. No action can be brought unless
us, we may cancel for any reason by letting
the Certificate provisions have been complied with
the named insured know at least 10 days
and the action is started within one year after the
before the date cancellationtakes effect.
date of loss.
(3) When this Certificate has been in effect for
12. Loss Payment. We will adjust all losses with the
60 days or more, or at any time if it is a
named insured. Loss will be made payable to the
renewal with us, we may cancel:
named insured. No coverage will be available to
(a) If
there
has
been
a
mateMal
any mortgagee other than that shown as the named
misrepresentation of fact which if
insured on the Declarations. Loss will be payable
known to us would have caused us not
30 days after we receive proofof loss and:
to issue the Certificate; or
a.
Reach an agreement with the named insured;
(b) If the Msk has changed substantially
b.
There is an entry of a final judgment; or
since the Certificate was issued.
c.
There is a filing of an appraisalaward with us.
This can be done by letting the named
13. Deductible. We will not pay for loss or damage in
insured know at least 30 days before the
any one occurrence until the amount of loss or
date cancellationtakes effect.
damage exceeds the deductible shown on the
(4) When this Certificate is written for a period
Declarations.We will then pay the amount of loss or
of more than one year, we may cancel for
damage in excess of the deductible, up to the
any reason at anniversary by letting the
applicable Loss Settlement limit.
named insured know at least 30 days
14. Abandonment of Property. We need not accept
before the date cancellationtakes effect.
any propertyabandoned by you.
c.
However,
any
individual
Certificate
shall
15. No Benefit to Bailee. We will not recognize any
automatically and immediatelyterminate, upon:
assignment or grant any coverage that benefits a
(1) Payment in full of the obligation assumed
person or organization holding, storing or moving
under the mortgage agreement, except in
property for a fee regardless of any other provision
cases
where
the
named
insured
has
of this Certificate.
specified otherwise; or
16. Cancellation.
(2) The effective date of other insurance
a.
The named insured may cancel this Certificate
obtained by the borrower which complies
at any time by returning it to us or by letting us
with the named insured'srequirements.
know in writing of the date cancellation is to
d.
When this Certificate is cancelled, the premium
take effect.
for the period from the date of cancellation to
No cancellation may be effected more than
the expirationdate will be refunded pro rata.
thirty (30) days before the date such request is
e.
If the return premium is not refunded with the
received by us; unless
notice of cancellation or when this Certificate
(1) There was other valid and collectible
is returned to us, we will refund it within a
insurance
coverage
for
the
covered
reasonable time after the date cancellation
property, or
takes effect.
(2) The named insured has obtained our prior
17. Non-Renewal. We may elect not to renew this
approval.
Certificate. We may do so by delivering to the
b. We may cancel this Certificate only for the
named insured, or mailing to the named insured
reasons stated below by letting you know in
at the named insured's mailing address shown in
writing of the date cancellation takes effect.
the Declarations, written notice at least 30 days
This cancellation notice may be delivered to
before the expiration date of this Certificate. Proof
the named insured, or mailed to the named
of mailing will be sufficient proof of notice.
insured
at
the
named
insured's
mailing
18. Liberalization Clause. If we make a change which
broadens
coverage
under this edition of our
MIP 233 (01-12)
Page 7 of 8
MIP233-0212
Includes copyrighted material of Insurance Services Office with its permission
Certificate without additional premium charge,
smoke, whether these perils are
that
specifically
change will automatically apply to your
named in or otherwise included within the
insurance as of the date we implement the change
Perils Insured Against.
in your state, provided that this implementation
c.
This Certificate does not apply to loss caused
date falls within 60 days prior to or during the
directly or indirectly by nuclear
Certificate
hazard, except
periodstated in the Declarations.
that direct loss by fire resulting from the
This Uberalization Clause does not apply to changes
nuclear hazard is covered.
implemented through introduction of a subsequent
22. Salvage and Recoveries. When, in connection with
edition of our Certificate.
any loss covered by this Certificate, any salvage or
19. Waiver or Change of Certificate Provisions. A
recovery is received subsequent to the payment of
waiver or change of a provision of this Certificate
such loss, the loss shall be refigured on the basis of
must be in writing by us to be valid. Our request
what it would have been settled for had the
for an appraisal or examination will not waive any
amount of salvage or recovery been known at the
of our rights.
No course of conduct nor any
time the amount of loss was originally determined.
indulgences, waivers, extensions forbearances, non-
Any amounts thus found to be due any party shall
enforcement of Certificateconditions, or the like,
be promptly paid.
extended at or over any time or from time to time
23. Volcanic Eruption Period. One or more volcanic
by the Company to the named insured or anyone
eruptions that occur within a 72-hour period will be
shall waive, nullify, or modify any Certificate
consideredas one volcanic eruption.
provision as to any other occasion or waive, nullify,
24. Premiums. The named insured is authorized to
or modify any other Certificate provision.
advance all funds to be recovered from the
20. Assignment. Assignmentof this Certificate will not
borrower for the insurance afforded and to act for
be valid unless we give our written consent.
such borrower in all matters pertaining to this
21. Nuclear Hazard Clause
insurance
including
receipt
of
notice
of
a.
Nuclear Hazard means any nuclear reaction,
cancellation, and return premium, if any.
radiation or radioactive contamination, all
whether controlled or uncontrolled or however
caused, or any consequenceof any of these.
b.
Loss caused by the nuclear hazard witt not be
considered loss caused by fire, explosion, or
/n Witness Whereof, we have caused this Certificate to be signed by our President and Secretary, but it shall
not be valid unless countersignedon the Declarations by our authorized representative (where required by state law).
CLN CZUFNCRA
SECRETARY
92-
MIP 233 (01-12)
Page 8 of 8
MIP233-0212
Includes copyMghted materialof InsuranceServices Office with its permission
Mortgagee'sInterest Protection
Residential Property
Florida AmendatoryEndorsement
THIS ENDORSEMENT CHANGES THE CERTIFICATE. PLEASE READ IT CAREFULLY.
CONDITIONS
8.
Appraisal is deletedand replacedby the following:
4.
Your Duties After Loss, paragraphs a. and d. are
deleted and replacedby the following:
8. Mediation or Appraisal.
If we and you:
a.
Give prompt notice to us or our agent. A claim or
a.
Are engaged in a dispute regarding a claim,
reopened claim for loss or damage caused by
either may request a mediation of the loss in
hurricane or other windstorm is barred unless
accordance with the rules established by the
notice of claim is given to us in accordance with
Florida Department of Financial Setvices.
The
the terms of this Certificate within three years
loss amount must be $500 or more, prior to
after the hurricane first made landfall or a
application of the deductible; or there must be
windstorm other than hurricane caused
the
a difference of $500 or more between the loss
covered
damage.
(Supplemental claim or
settlement amount we
offer and
the
loss
reopened claim means an additional claim for
settlement amount that you request.
The
recovery from us for losses from the same
settlement in the course of mediation is binding
hurricane or other windstorm which we have
only if both parties agree, in writing, on a
previouslyadjusted pursuantto the initialclaim.)
settlement, and you have not rescinded the
settlement within three business days after
This provision concerning time for submission of
reaching settlement. You may not rescind the
claim, supplemental claim or reopened claim does
settlement after cashing or depositing the
not affect any limitation for legal action against
settlementcheck or draft we provided to you.
us as provided in this Certificate under Legal
Action Against Us, including any amendment to
We
will
pay
the
cost
of
conducting the
that condition;
mediation conference. However, if:
(1) You
fail
to
appear
at
the
mediation
d. As often as we reasonablyrequire:
conference and you wish to schedule a new
(1) Show the damaged residential property.
conference after failing to appear, then the
However, if we require access to you or to
new conference witt be scheduled only upon
the residentialpropertythat is the subjectof
your payment of a sum equal to the fees we
a claim, we must provide at least 48 hours
paid for the mediation conference at which
notice to you, your public adjuster or legal
you failed to appear. This sum will then be
representative before scheduling a meeting
applied to the cost of the rescheduled
with you or prior to conducting an onsite
mediation conference, and we will pay the
inspection of the residential property. You
balance, if any, of the cost of conducting
may deny access to the residential property
the rescheduledmediation conference;or
if the notice has not been provided or may
(2) We fail to appear at a mediation conference
waive the 48-hour notice;
without good cause, we will pay your actual
(2) Provide us with records and documents we
cash expenses you incur in attending the
requestand permit us to make copies; and
mediation conference and also pay the total
(3) Submit to examination under oath, while not
cost
of
the
rescheduled
mediation
in the presence of any other named Insured,
conference.
and sign the same;
b.
Disagree on
the
value
of
the
residential
5.
Loss Settlement, the following item (5) is added
property or the amount of loss, either may
request an appraisal of the loss, in writing. In
under paragraph b.:
this event, each party will select a competent
and impartial appraiser. The two appraisers will
(5) If the loss or damage occurs to pool
select an umpire. If they cannot agree, either
enclosures, cabanas, screened porches or
other shelter-type structures attached to the
may request that selection be made by a judge
of a court having jurisdiction. The appraisers
dwelling, we will pay no more than ten
percent (10%) of the Limit of Liability of this
will state separately the value of the residential
Certificate applying to the dwelling.
This
propeny and amount of toss.
If they fail to
agree, they will submit their difference to the
Condition does not increase the Limit of
Liability applying to the dwetting.
umpire. A decision agreed to by any two will be
binding. Each partywill:
(1) Pay its chosen appraiser; and
MIP 243 FL (02-13)
Page 1 of 2
MIP243FL-0813
(2) Bear the other expenses of the appraisal and
2) There has been failure to comply
umpire equally.
with
underwriting
requirements
established by us within 90 days of
If there is an appraisal, we will still retain our
the effective date of coverage;
right to deny the claim.
3) There has been a substantial change
in
the
risk
covered
by
the
However, you are not required to submit to, or
Certificate;
participate in, any appraisal of the loss as a
4) The cancellation is for all insureds
precondition to action against us for failure to pay
under such Certificates for a given
the loss, if we:
class of insureds;
(1) Requested mediation
and
either
party
5) On the basis of property insurance
rejected the mediation result; or
claims that are the result of an act
(2) Failed to notify you of your right to
of God, if we can demonstrate, by
participatein the mediation program.
claims frequency or otherwise, that
you
have failed
to
take
action
11. Action Against Us is deleted and replaced by the
reasonably necessary as requested
following:
by us to
prevent recurrence of
11. Action Against Us. No action can be brought unless
damage to the residentialproperty;
the Certificate provisions have been complied with
6) On the basis of a single property
and the action is started within five years after the
insurance claim which is the result
date of loss.
of
water
damage, if
we
can
demonstrate that you have failed to
16. Cancellation, paragraphs b. and e. are deleted and
take action reasonably requested by
replaced by the following:
us
to
prevent a
future
similar
occurrence
of
damage
to
the
b.
We may cancel this Certificate for only the
residentialproperty; or
reasons stated in this Condition by mailing or
7) The cancellation of some or all of
delivering written notice of cancellation to the
our
Certificates
is
necessary to
named insured at the named insured's mailing
protect the best interests of the
address shown in the Declarations. The notice
public
or
Certificateholders and
will includethe reason for cancellation.
such cancellation is approved by the
(1) If this Certificate has been in effect for 90
Florida Office of Insurance Regulation.
days or less, we may cancel this Certificate
for any reason by notifying the named
e.
If the return premium is not refunded with the
insured, at least:
notice of cancellation or when this Certificate is
(a) 10 days before the effective date of
returned to us, we will mail the refund within
cancellation if we cancel for nonpayment
15 working days after the date cancellation
of premium; or
takes effect.
(b) 20 days before the effective date of
cancellation, if we cancel for any other
17. Non-Renewal is
deleted and
replaced by the
reason,
except
we
may
cancel
following:
immediatelyif there has been a material
misstatement or misrepresentation or a
17. Non-Renewal.
failure
to
comply with underwriting
a.
We may elect not to renew this Certificate. We
requirements established by us.
may do so by notifying the named insured at
(2) If this Certificate has been in effect for more
least 90 days before the end of the Certificate
than 90 days, we may cancel this Certificate
peMod:
only for one or more of the following reasons,
b. Any notice of non-renewal will be mailed or
at least:
delivered
to
the
named
insured's mailing
(a) 10 days before the effective date of
address shown in the Declaration and will
cancellation if we cancel for nonpayment
include the reason for non-renewal. If notice is
of premium; or
mailed, proof of mailing will be sufficient proof
(b) 90 days before the effective date of
of notice.
cancellation if we cancel for one or more
of the following reasons:
1) The Certificate was obtained by a
material misstatement;
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
MIP 243 FL (02-13)
Page 2 of 2
MIP243FL-0813
Mortgagee'sInterest Protection
Wind, Hail and Hurricane- Florida
Mandatory Deductible Endorsement
THIS ENDORSEMENTCHANGES THE CERTIFICATE. PLEASE READ IT CAREFULLY.
When
loss
occurs
caused
by the peril of
Windstorm, Hail or Hurricane, the deductible
will be the greater of 2% of the Umit of
Liability or $2,500, per described location.
Hurricane Occurrence:
a.
Begins at the time a hurricane
watch or warning is issued for
any
part of Florida by 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 WeatherService.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
MIP 05 FL (01-12)
Page 1 of 1
MIP05FL-0813
Mortgagee'sInterest Protection
Residential Property
Florida CatastrophicGround Cover Collapse
& Sinkhole Loss CoverageEndorsement
THIS ENDORSEMENT CHANGES THE CERTIFICATE. PLEASE READ IT CAREFULLY.
DEFINITIONS
under
the
Florida
Building Code for new
buildings of similar structure, purpose or
The following definitions are added:
location;
c.
Damage that results in listing, leaning or
8.
Catastrophic Ground Cover Collapse
means
buckling of the exterior load-bearing walls or
geological activity that results in all of the
other vertical primary structural members to
following:
such an extent that a plumb line passing
a.
The abrupt collapse of the ground cover;
through the center of gravity does not fall
b. A depression in the
inside
ground cover
the middle
clearly visible
one-third of the base as
to the naked eye;
definedwithin the Florida Building Code;
c.
Structural damage of the dwelling insured
d.
Damage that results in the building, or any
under this Certificate, including the foundation;
portion of the building containing primary
and
structural members or primary structural
d. The dwetling being condemned and ordered to
systems,
being
significantly
likely
to
be
vacated
by
the
governmental agency
imminently collapse because of the movement
authorized
or
by law to issue such an order for that
instability of the ground within the
dwelling.
influence zone of the supporting ground within
Catastrophic ground cover coltapse coverage does
the sheer plane necessary for the purpose of
not apply to Coverage B structures.
supporting such building as defined within the
9. Sinkho[e activity means settlement or systematic
Florida Building Code; or
weakening of the earth
e.
supporting the covered
Damage occurring on or after Oct
Preview
Filing # 127752592 E-Filed 05/28/2021 12:12:00 PM GLENFORD LEVY, IN THE CIRCUIT COURT OF THE I 7th JUDICIALCIRCUIT IN AND FOR Plaintiff(s), BROWARD COUNTY, FLORIDA V. GENERALJURISDICTIONDIVISION AMERICAN SECURITY INSURANCE CASE NO.: COMPANY, a foreign corporation, FLORIDA BAR NO.: 97662 Defendant. I NOTICE OF FILING POLICY COMES NOW, the Plaintiff, GLENFORD LEVY, by and through the undersignedattorney, in accordance with the applicable Florida Rules of Civil Procedure, hereby files Notice of Filing Certified Policy. WE HEREBY CERTIFY that true and correct copy of the foregoing was electronically filed with the Clerk of the above-captionedCourt. By: /s/ ThomasA. Singer Thomas A. Singer, Esquire THE CARDENAS LAW GROUP, LLC Counsel for Plaintiff 829 Northeast 79th Street Miami, Florida 33 I 38 Telephone: 305-754-6460 Facsimile: 305-754-6 I 35 Designated Email: *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 12:11:56 PM.**** DECLARATIONS AMERICAN SECURITY INSURANCE COMPANY PO BOX 50355, ATLANTA, GA 30302 CERTIFICATE NUMBER: MLR15007833282 A Stock Insurance Company CERTIFICATE PERIOD: Issued under the provisions of EFFECTIVE DATE EFFECTIVE TIME EXPIRATION DATE Master Policy No.: 06/09/2017 12:01 am 06/09/2018 MIP-RCH-01500-00 NAMED INSURED and MailingAddress: For ComDanv Use: Basis: SPECIALIZED LOAN SERVICING LLC(SLS) Territory: 0018 ITS SUCCESSORS AND/OR ASSIGNS Class: P.O. BOX 620188 Other: FIR SFD 015000000OTHER ATLANTA, GA 30362 DESCRIBED LOCATION. The property covered by this Certificate is at the describedlocation unlessotherwisestated: 10212 NW 80 CT TAMARAC, FL 33321 COVERAGE AND LIMITS OF LIABILITY- Coverage is provided only where a premium is shown for the coverage, subject to all conditions of this Certificate. RESIDENTIAL PROPERTY: LIMIT OF LIABILITY DEDUCTIBLES PREMIUM Coverage A - $259,700 Windstorm, Hail or Hurricane: 2% of the Limit of Liability or $4,076.00 Coverage B - 10% of Coverage A $2,500, whicheveris greater. All Other Perils: $2,500 TOTAL PREMIUM $4,076.00 COMMERCIAL PROPERTY: LIMIT OF LIABILITY DEDUCTIBLES PREMIUM Building - Windstorm, Hail or Hurricane: % of the Umit of Liability or whicheveris , greater. All Other Perils: TOTAL PREMIUM OptionalCoverages,Assessments, Surcharges, Taxes, Fees (if applicable): TOTALAMOUNT $4,076.00 FORMS AND ENDORSEMENTSwhich are made a part of this Certificate at the time of issuance: MIP 223 AS (01-12),MIP 233 (01-12),MIP05 FL (01-12),MIP243 FL (02-13) MIP 304 FL (02-13),NOTI1256 (03-14),MIP 219 (01-12),MIP 239 FL (02-13) BORROWER - Name and address: GLENFORD H LEVY 10212 NW 80 CT TAMARAC, FL 33321 Loan No.: 1010678177 CLAIMS: 1-800-326-7781 Issue Date: 06/16/2017 ALL OTHER INQUIRIES: 1-800-441-4145 Countersignature(where required) MIP 04 AS (01-12) Page 1 of 1 MIP04ASR-1116 AMERICAN SECURITY INSURANCE COMPANY P.O. BOX 50355, ATLANTA, GA 30302 A Stock Insurance Company Home Office: Wilmington, DE Residential Dwelling Certificate This Certificate only covers buildings and structures. Please read your Certificateand all endorsements carefully. THIS CERTIFICATE JACKET TOGETHERWITH THE DWELLING FORM AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETESTHIS CERTIFICATE. QUICK REFERENCE Beginning Beginning On Page On Page AGREEMENT 1 CONDITIONS DEFINITIONS 1 Certificate Period 5 COVERAGES 1 InsurableInterests 5 OTHER COVERAGES 1 Concealment or Fraud 5 Other Structures 1 Your Duties After Loss 5 Debris Removal 2 Loss Settlement 6 ReasonableRepairs 2 Loss to a Pair or Set 6 Property Removed 2 Glass Replacement 6 Collapse 2 Appraisa[ 6 Glass or SafetyGlazingMaterial 2 Other Insurance 6 Ordinanceor Law 3 Subrogation 6 PERILS INSURED AGAINST 3 Action Against Us 7 GENERAL EXCLUSIONS 4 Loss Payment 7 Ordinanceor Law 4 Deductible 7 Earth Movement 4 Abandonment of Property 7 Water Damage 4 No Benefit to Bailee 7 Power Failure 5 Cancellation 7 Neglect 5 Non-Renewal 7 War 5 Liberalization Clause 7 Nuclear Hazard 5 Waiver or Change of Certificate Provisions 8 Intentional Loss 5 Assignment 8 Weather conditions 5 Nuclear Hazard Clause 8 Acts or decisions 5 Salvage and Recoveries 8 Faulty, inadequateor defective 5 Volcanic Eruption Period 8 Premiums 8 READ YOUR CERTIFICATE CAREFULLY 6, THIS CERTIFICATE CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF- POCKET EXPENSES TO YOU.'.. MIP 223 AS (01-12) MIP223ASFL-0914 Mortgagee'sInterest Protection Residential Dwelling Certificate COVERAGE A - Dwelling AGREEMENT We will provide the insurance described in this 1. Property Covered We cover Certificate in return for the premium and compliance a. The 1 -4 family dwe[[ing on the described with all applicable provisionsof this Certificate and the location shown in the Declarations, used Declarations, which is attached to and forms a part of pMncipally for dwe[Iing purposes, including this Certificate. structuresattached to the dwelling; b. Materials and suppUes located on or next to the DEFINITIONS described location used to construct, alter or repair the dwelling or other structures on the In this Certificate, you and your refer to the financial describedlocation; and institution shown as named insured in the c. If not otherwise covered in this Certificate, Declarations. We, us and our refer to the Company building equipment and outdoor equipment providing this insurance. In addition, certain words and used for the service of and located on the phrases are defined as follows: described location. 1. Borrower refers to the person or persons who have 2. Property Not Covered entered into a lien or mortgage agreement with the a. Personal propertyof any kind. named insured for the property shown as the b. Outdoor trees, shrubs, plants and lawns. describedlocation in the Declarations. c. Outdoor swimming pools; fences, Mers, 2. Residential Property means the dwelling and other wharves and docks; beach or diving platforms structures covered by this Certificate and shown as or appurtenances; retaining walls not the described location in the Declarations. constituting a part of buildings; walks, 3. Net Loan Balance means and is limited to only the roadway; and other paved surfaces. unpaid principal balance plus earned interest as of d. Cost of excavations, grading or filling. the date of loss. e. Foundations of buildings, machinery, boiler-s or 4. Actual Cash Value means the cost of replacing the engines which foundations are below the damaged or destroyed property with a comparable surface of the ground. new property, minus depreciation and obsolescence. f. Pilings, piers, pipes, flues and drains which are 5. Described Location. The legal description, or underground. common street address, of real property which has g. Pilings which are below the low water mark. been pledged under a valid deed of trust, mortgage h. Land, including land on which the residential document, or any other mortgage instrument as propertyis located. security for a loan made, assumed or serviced by an insured and upon which a building is situated. COVERAGE B - Other Structures 6. Dwelling. A building designed for use as a residence for no more than four families or a We cover other structures on the described location, mobile home. set apart from the dwelling by clear space. This 7. Mobile Home means: includes structures connected to the dwelling by only a a. A building which satisfies the National Mobile fence, utility line, or similar connection. Homes Construction and Safety Standards, as presently existing or hereafter amended, or the This coverage does not apply to [and, including land on American Society of Civil Engineers Standard which the other structures are located. ANSI/ASCE 7-88. b. A manufactured home is a structure built on a We do not cover other structures used in whole or in permanent chassis, transported to its site in part for commercial, manufacturing or farming one or more sections and affixed to a purposes. permanent foundation. OTHER COVERAGES COVERAGES 1. Other Structures. You may use up to 10% of the This insurance applies to the described location, Coverage A Limit of Liability for toss by a Peril coverages for which a Limit of Liability is shown and Insured Against to other structures described in Perils Insured Against for which a premium is stated. Coverage B. MIP 233 (01-12) Page 1 of 8 MIP233-0212 Includes copyrighted material of Insurance Services Office with its permission Use of this coverage does not reduce the Coverage cracking, bulging, sagging, A bending, Umit of Liability for the same loss. leaning, settling, shrinkageor 2. Debris expansion. Removal. We will pay up to 10% of the b. We insure for risk of direct physical loss to Coverage A Umit of Liability for your reasonable covered property involving collapse of a expense for the removal of: residential property or any part of a a. DebMs of covered property if a Peril Insured residential property caused only by one or Againstcauses the loss; or more of the following: b. Ash, dust or particles from a volcanic eruption (1) Perils Insured Against. These perils apply to that has caused direct loss to a dwelling. covered residential property for loss Use of this coverage does not reduce the Coverage insured by this Other A Coverage; Umit of Uability for the same loss. (a) Fire or Ughtning 3. Reasonable Repairs. (b) Windstorm or Hail a. In the event that covered property is damaged (c) Explosion by a Peril Insured Against, we will pay the (d) Riot or Civil Commotion reasonable cost incurred by you for necessary (e) Aircraft measures taken solely to protect against further (f) Vehicles damage. (g) Smoke b. If the measures taken involve repair to other (h) Vandalismor Malicious Mischief damaged property, we will pay for those (i) Damage by Burglars measures only if that property is covered under (j) Falling Objects this Certificate and the damage to that (k) Weight of Ice, Snow or Sleet property is caused by a PeMl Insured Against. (1) Accidental Discharge or Overflow of This coveragedoes not: Water or Steam (1) Increase the Coverage A Limit of Liability (m) Sudden and Accidental Tearing Apart, that applies to the covered property; Cracking, Burningor Bulging (2) Relieveyou of your duties, in case of a loss (n) Freezing to covered property, as set forth in (o) Sudden and Accidental Damage From Condition4.b. ArtificiallyGenerated Electrical Current 4. PropertyRemoved. (p) Votcanic Eruption We insure covered propertyagainst direct loss from (2) Hidden decay; any cause while being removed from a described (3) Hidden insect or vermin damage; location endangered by a Peril Insured Against and (4) Weight of contents, equipment, animals or for no more than 30 days while removed. people; This coverage does not change the Limit of Liability (5) Weight of rain which collects on a roof; that applies to the propertybeing removed. (6) Use of defective material or methods in 5. Collapse. construction, remodeling or renovation if a. With respectto this Other Coverage: the collapse occurs during the course of the (1) Collapse means an abrupt falling down or construction,remodeling or renovation. caving in of a residential property or any c. Loss to an awning, fence, patio, pavement, part of a residential property with the swimming pool, underground pipe, flue, drain, result that the residential property or part cesspool, septic tank, foundation, of retaining the residential property cannot be wall, bulkhead, pier, wharf or dock is not occupied for its current intended purpose. included under items b.(2) through (6) above (2) A residential propeny or any part of a unless the loss is a direct result of the collapse residential property that is in danger of of a residential property or any part of a falling down or caving in is not considered residentialproperty. to be in a state of collapse. d. This coverage does not increase the Coverage A (3) A part of a residential property that is Umit of Uability that applies to the damaged standing is not considered to be in a state covered property. of collapse even if it has separated from 6. Glass or Safety GlazingMaterial. another part of the residentialproperty. a. We cover: (4) A building or any part of a building that is (1) The breakage of glass or safety glazing standing is not considered to be in a state material which is part of a covered of collapse even if it shows evidence of residential propeny, storm door or storm window; MIP 233 (01-12) Page 2 of 8 MJP233-0212 Includes copyrightedmaterialof InsuranceServices Office with its permission (2) The breakage of glass or safety glazing respond to, or assess the effects of, material which is part of a covered pollutants in or on any covered residential residential property, storm door or storm property. window when caused directly by earth Pollutants means any solid, liquid, gaseous movement; and or thermal irMtant or contaminant, (3) The direct physical loss to covered property including smoke, vapor, soot, fumes, acids, caused solely by the pieces, fragments or alkalis, chemicals and waste. Waste splinters of broken glass or safety glazing includes materials to be recycled, material which is part of a residential reconditioned or reclaimed. property, storm door or storm window. This coverage is additionalinsurance. b. This coverage does not include loss to covered property which results because the glass or PERILS INSURED AGAINST safety glazing material has been broken, except as provided in a.(3) above. COVERAGE A - DWELLING and c. This coverage does not increase the Coverage A COVERAGE B - OTHERSTRUCTURES Limit of Uability that applies to the damaged property. We insure against risk of direct loss to property 7. Ordinance Or Law. described in Coverages A and B only if that toss is a a. The Ordinance Or Law Umit of Uability physical loss to property; however, we do not insure determined in b. below will apply with respect loss: to the increased costs due to the enforcement of any ordinance or law which requires or 1. Exctuded under General Exclusions; regulates: 2. Involving collapse, other than as provided in Other (1) The construction, demolition, remodeling, Coverages 5; renovation or repair of that part of a 3. Caused by: covered residential property damaged by a a. Freezing, thawing, pressure or weight of water Peril Insured Against; or ice, whether driven by wind or not, to a (2) The demolition and reconstruction of the (1) Fence, pavement, patio or swimming pool; undamaged part of a covered residential (2) Footing, foundation, bulkhead, wall, or any property, when that residential property other structure or device that supports all must be totally demolished because of or part of a building or other structure; damage by a Peril Insured Against to (3) Retaining wall or bulkhead that does not another part of that covered residential support all or part of a building or other property; or structure; or (3) The remodeling, removal or replacementof (4) Pier, wharf or dock; the ponion of the undamaged part of a b. Theft of property not part of a covered covered residential property necessary to residentialpropertyor structure; complete the remodeling, repair or c. Theft in or to a dwelling or structure under replacement of that part of the covered construction; residential property damaged by a Peril d. Wind, hail, ice, snow or sleet to: Insured Against. (1) Outdoor radio and television antennas and b. If you are an owner of a described location, aerials including their lead-in wiring, masts and that location is insured for Coverage A, or towers; or you may use up to 10% of the Limit of Liability (2) Trees, shrubs, plants or lawns; that applies to Coverage A at each described e. Constant or repeated seepage or leakage of location. This limit includes any resulting water or steam over a period of weeks, months debris removalexpense. or years from within a plumbing, heating, air c. We do not cover: conditioning or automatic fire protective (1) The loss in value to any covered residential sprinkler system or from within a household property due to the requirements of any appliance; ordinance or law; or For purposes of this provision, a plumbing (2) The costs to comply with any ordinance or system or household appliance does not include law which requires you or others to test a sump, sump pump or related equipment or a for, monitor, clean up, remove, contain, roof drain, gutter, downspout or similar fixtures treat, detoxify or neutralize, or in any way or equipment; MIP 233 (01-12) Page 3 of 8 NUP233-0212 Includes copyrightedmaterial of InsuranceServices Office with its permission f. Any of the following: contributing concurrently or in any sequence to the (1) Wear and tear, marring, deterioration; loss. These exclusions apply whether or not the (2) Inherent vice, latent defect, mechanical loss event results in widespread damage or affects breakdown; a substantialarea. (3) Smog, rust or other corrosion, fungi, mold, a. Ordinance or Law. wet or dry rot. Ordinance or Law means any ordinance or law: Fungi means any type or form of fungus, (1) Requiring or regulating the construction, including mold or mildew, and any demolition, remodeling, renovation or mycotoxins, spores, scents or by-products repair of property, including removal of any produced or released by fungi; resulting debris. This exclusion 1.a.(1) does (4) Smoke from agricultural smudging or not apply to the Limit of Liability that may industrial operations; be provided under Other Coverage 7. (5) Discharge, dispersal, seepage, migration Ordinance or Law: release or escapeof pollutants. (2) The requirements of which result in a loss Pollutants means any solid, liquid, gaseous in value to property; or or thermal irritant or contaminant, (3) Requiring you or others to test for, including smoke, vapor, soot, fumes, acids, monitor, clean up, remove, contain, treat, alkalis, chemicals and waste. Waste detoxify or neutralize, or in any way includes materials to be recycled, respond to, or assess the effects of, reconditionedor reclaimed; pollutants. (6) Settling, shrinking, bulging or expansion, Pollutants means any solid, liquid, gaseous including resultant cracking, of pavements, or thermal irritant or contaminant, patios, foundations, walls, floors, roofs or including smoke, vapor, soot, fumes, acids, ceilings; or alkalis, chemicals and waste. Waste (7) Birds, vermin, rodents, insects or domestic includes materials to be recycled, animals. reconditioned or reclaimed. If any of these cause water damage not otherwise This exclusion 1.a. applies whether or not the excluded, from a plumbing, heating, air propertyhas been physically damaged. conditioning or automatic fire protective sprinkler b. Earth Movement. system or household appliance, we cover loss Earth Movementmeans: caused by the water including the cost of tearing (1) Earthquake, including land shock waves or out and replacing any part of a residential tremors before, duMng or after a volcanic property necessary to repair the system or eruption; appliance. We do not cover loss to the system or (2) Landslide, mudstide or mudflow; appliancefrom which this water escaped. (3) Subsidence or sinkhole;or For the purposes of this provision, a plumbing (4) Any other earth movement including earth system or household appliance does not include a sinking, rising or shifting; sump, sump pump or related equipment or roof caused by or resulting from human or animal drain, gutter, downspout or similar fixtures or forces or any act of nature unless direct loss by equipment. fire or explosion ensues and then we will pay only for the ensuing loss. General Exclusion 1.c. Water Damage, Paragraphs (l) c. Water Damage, and meaning: (3) that apply to surface water and water below (1) Flood, surface water, waves, tidal the surface of water, ground do not apply to loss by water overflow of a body of water, or spray from covered under 3.f. above. any of these, whether or not driven by wind; Under items 1. and 2., any ensuing loss to property (2) Water or water-borne material which backs described in Coverages A and B not excluded or up through sewers or drains or which excepted in this Certificateis covered. overflows from a sump, sump pump or related equipment;or GENERAL EXCLUSIONS (3) Water or water-borne material below the surface of the ground, including water 1. We do not insure for loss caused directly or which exerts pressure on or seeps or leaks indirectly by any of the following. Such loss is through a residential property, sidewalk, excluded regardless of any other cause or event MIP 233 (01-12) Page 4 of 8 MIP233-0212 Includes copyrighted materialof InsuranceServices Office with its permission driveway, foundation, swimming pool or 2. Insurable Interest. Even if more than one person other structure; has an insurable interest in the property covered, Caused by or resulting from human or animal we will not be liable in any one loss: forces or any act of nature. a. For an amount greater than the interest of a Direct loss by fire or explosion resulting from person insured under this Certificate; or water damage is covered. b. For more than the applicable Limit of Liability d. Power Failure, meaning the failure of power or as shown in the Declarations. other utility service if the failure takes place If the described location is vacant and the off the described location. But, if a Peril mortgage on the property has been declared in Insured Against ensues on the described default by the mortgagee at the time of a loss, we location, we will pay only for that ensuing loss. shall pay no more than the named insured's e. Neglect, meaning your neglect to use all interest in the property at the time of loss unless reasonable means to save and preserve the borrowerparticipatesin the claim. propertyat and after the time of a loss. The named insured's interest is represented by the f. War, including undeclared war, civil war, borrower's net loan balance. insurrection, rebellion, revolution, warlike act 3. Concealment or Fraud. We provide coverage to no by a military force or military personnel, persons insured under this Certificate if, whether destruction or seizure or use for a military before or after a loss, one or more persons insured purpose, and including any consequence of any under this Certificate have: of these. Dischargeof a nuclear weapon will be a. Intentionally concealed or misrepresented any deemed a warlikeact even if accidental. material fact or circumstance g. Nuclear Hazard, to the extent set forth in the b. Engaged in fraudulent conduct;or Nuclear Hazard Clause of the Conditions. c. Made false statements; h. Intentional Loss, meaning any loss aMsing out relating to this insurance. of any act committed: 4. Your Duties After Loss. In case of a loss to covered (1) By you or at your direction; and property, you must see that the following are done: (2) With the intent to cause a loss. a. Give promptnotice to us or our agent; 2. We do not insure for loss to property described in b. (1) Protect the propertyfrom further damage; Coverages A and B caused by any of the following (2) Make reasonable and necessary repairs to However, any ensuing loss to property descMbed in protect the property; and Coverages A and B not excluded or excepted in this (3) Keep an accurate record of repair expenses; Certificate is covered. c. Cooperate with us or our representative in the a. Weather conditions. However, this exclusion investigation of a claim; only applies if weather conditions contribute in d. As often as we reasonablyrequire: any way with a cause or event excluded in (1) Show the damaged property; paragraph 1. above to produce the loss; (2) Provide us with records and documents we b. Acts or decisions, including the failure to act requestand permit us to make copies; and or decide, of any person, group, organization or (3) Submit to examination under oath, while governmentalbody; not in the presence of any other named c. Faulty, inadequate or defective; Insured, and sign the same; (1) Planning, zoning, development, surveying, e. Send to us, within 60 days after our request, siting; your signed, sworn proof of loss which sets (2) Design, specifications, workmanship, repair, forth, to the best of your knowledge and construction, renovation, remodeling, belief: grading, compaction; (1) The time and cause of loss; (3) Materials used in repair, construction, (2) Your interest and that of all others in the renovation or remodeling; or property involved and all liens on the (4) Maintenance; property; of part or all of any propertywhether on or off (3) Other insurancewhich may cover the loss; the described location. (4) Changes in title or occupancy of the propertyduring the term of the Certificate; CONDITIONS (5) Specifications of damaged residential property and detailed repair estimates. 1. Certificate Period. This Certificate applies only to loss which occurs during the Certificate period. MIP 233 (01-12) Page 5 of 8 MIP233-0212 Includes copyrightedmaterialof Insurance Services Office with its permission 5. Loss Settlement. on actual cash value basis. You may then In this Condition 5., the terms "cost to repair or make claim for any additional liability replace" and "replacement cost" do not include the according to the provisions of this Condition 5. increased costs incurred to comply with the Loss Setttement, provided you notify us of enforcement of any ordinance or law except to the your intent to do so within 180 days after the extent that coverage for these increased costs is date of loss. provided in Other Coverage 7. Ordinance Or Law. 6. Loss To A Pair Or Set. Covered property losses are settled as follows: In case of loss to a pair of set we may elect to: a. Property of the following types: a. Repair or replace any part to restore the pair or (1) Awnings, carpeting, household appliances, set to its value before the loss; or outdoor antennas and outdoor equipment, b. Pay the difference between actual cash value whetheror not attached to buildings; and of the propertybefore and after the loss. (2) Structures that are not buildings; 7. Glass Replacement. Loss for damage to glass at actual cash value at the time of loss but not caused by a PeMl Insured Against will be settled on more than the amount required to repair or the basis of replacement with safety glazing replace. materials when required by ordinance or law. b. Buildings under Coverage A or B at replacement 8. Appraisal. If you and we fail to agree on the cost without deduction for depreciation, amount of loss, either may demand an appraisal of subjectto the following: the loss. In this event, each party will choose a We will pay the cost to repair or replace, after competent appraiser within 20 days after receiving application of any deductible and without a written request from the other. The two deduction for depreciation, but not more than appraisers will choose an umpire. If they cannot the least of the following amounts: agree upon an umpire within 15 days, you or we (1) The Limit of Liability under this Certificate may request that the choice be made by a judge of that applies to the residentialproperty; a court of record in the state where the described (2) The replacement cost of that part of the location is located. The appraisers will separately residential property damaged with set the amount of loss. If the appraisers submit a material of like kind and quality and for written report of an agreement to us, the amount like use; agreed upon will be the amount of loss. If they fait (3) The necessary amount actually spent to to agree, they will submit their differences to the repair or replace the damaged residential umpire. A decision agreed to by any two will set property; or the amount of toss. (4) The net loan balance at the time of loss. Each partywill: If the residential property is rebuilt at a new a. Pay its own appraiser; and premises, the cost described in (2) above is b. Bear the other expenses of the appraisal and limited to the cost which would have been umpire equally. incurred if the residential property had been 9. Other Insurance. If we have issued a Certificate of built at the original premises. insurance because you have not received evidence c. We will pay no more than the actual cash value of other acceptable insurance from the borrower of the damage until actual repair or and you subsequently receive such evidence, you replacement is complete. Once actual repair or shall immediatelynotify us and request coverage to replacementis complete, we will settle the loss be terminated on the described location. as noted in b. above. Coverage on any described location provided under However, if the cost to repair or replace the this Certificate wit[ be terminated on the effective damage is both: date of other acceptable insurance. (1) Less than 5% of the Limit of Liability in this If there is any other valid or collectible insurance Certificate on the residential property; which would attach if the insurance under this and Certificate had not been effected, this insurance (2) Less than $2,500; shall apply only as excess and in no event as we will settle the loss as noted in b. above contMbuting insurance and then only after all other whether or not actual repair or replacement is insurancehas been exhausted. connplete. 10. Subrogation (Our Rights of Recovery). In the event d. You may disregard the replacement cost loss of any claim under this Certificate, we are entitled settlement provisions and make claim under this to all your rights of recovery against another Certificate for loss to residential property person. You must sign and deliver to us any legal MIP 233 (01-12) Page 6 of 8 MIP233-0212 Includes copyrightedmaterialof InsuranceServices Office with its permission papers relating to that recovery, do whatever else address shown in the Declarations. Proof of is necessary to help us exercise those rights and do mailing will be sufficientproof of notice. nothing after loss to prejudice our rights. (1) When the named insured has not paid the When you have made a claim under this Certificate premium, we may cancel at any time by and also recover from another person, the amount letting the named insured know at least 10 recovered from the other person shall be held by days before the date cancellation takes you in trust for us and reimbursed to us to the effect. extent of any damages paid by us under this (2) When this Certificate has been in effect for Certificate. less than 60 days and is not a renewal with 11. Action Against Us. No action can be brought unless us, we may cancel for any reason by letting the Certificate provisions have been complied with the named insured know at least 10 days and the action is started within one year after the before the date cancellationtakes effect. date of loss. (3) When this Certificate has been in effect for 12. Loss Payment. We will adjust all losses with the 60 days or more, or at any time if it is a named insured. Loss will be made payable to the renewal with us, we may cancel: named insured. No coverage will be available to (a) If there has been a mateMal any mortgagee other than that shown as the named misrepresentation of fact which if insured on the Declarations. Loss will be payable known to us would have caused us not 30 days after we receive proofof loss and: to issue the Certificate; or a. Reach an agreement with the named insured; (b) If the Msk has changed substantially b. There is an entry of a final judgment; or since the Certificate was issued. c. There is a filing of an appraisalaward with us. This can be done by letting the named 13. Deductible. We will not pay for loss or damage in insured know at least 30 days before the any one occurrence until the amount of loss or date cancellationtakes effect. damage exceeds the deductible shown on the (4) When this Certificate is written for a period Declarations.We will then pay the amount of loss or of more than one year, we may cancel for damage in excess of the deductible, up to the any reason at anniversary by letting the applicable Loss Settlement limit. named insured know at least 30 days 14. Abandonment of Property. We need not accept before the date cancellationtakes effect. any propertyabandoned by you. c. However, any individual Certificate shall 15. No Benefit to Bailee. We will not recognize any automatically and immediatelyterminate, upon: assignment or grant any coverage that benefits a (1) Payment in full of the obligation assumed person or organization holding, storing or moving under the mortgage agreement, except in property for a fee regardless of any other provision cases where the named insured has of this Certificate. specified otherwise; or 16. Cancellation. (2) The effective date of other insurance a. The named insured may cancel this Certificate obtained by the borrower which complies at any time by returning it to us or by letting us with the named insured'srequirements. know in writing of the date cancellation is to d. When this Certificate is cancelled, the premium take effect. for the period from the date of cancellation to No cancellation may be effected more than the expirationdate will be refunded pro rata. thirty (30) days before the date such request is e. If the return premium is not refunded with the received by us; unless notice of cancellation or when this Certificate (1) There was other valid and collectible is returned to us, we will refund it within a insurance coverage for the covered reasonable time after the date cancellation property, or takes effect. (2) The named insured has obtained our prior 17. Non-Renewal. We may elect not to renew this approval. Certificate. We may do so by delivering to the b. We may cancel this Certificate only for the named insured, or mailing to the named insured reasons stated below by letting you know in at the named insured's mailing address shown in writing of the date cancellation takes effect. the Declarations, written notice at least 30 days This cancellation notice may be delivered to before the expiration date of this Certificate. Proof the named insured, or mailed to the named of mailing will be sufficient proof of notice. insured at the named insured's mailing 18. Liberalization Clause. If we make a change which broadens coverage under this edition of our MIP 233 (01-12) Page 7 of 8 MIP233-0212 Includes copyrighted material of Insurance Services Office with its permission Certificate without additional premium charge, smoke, whether these perils are that specifically change will automatically apply to your named in or otherwise included within the insurance as of the date we implement the change Perils Insured Against. in your state, provided that this implementation c. This Certificate does not apply to loss caused date falls within 60 days prior to or during the directly or indirectly by nuclear Certificate hazard, except periodstated in the Declarations. that direct loss by fire resulting from the This Uberalization Clause does not apply to changes nuclear hazard is covered. implemented through introduction of a subsequent 22. Salvage and Recoveries. When, in connection with edition of our Certificate. any loss covered by this Certificate, any salvage or 19. Waiver or Change of Certificate Provisions. A recovery is received subsequent to the payment of waiver or change of a provision of this Certificate such loss, the loss shall be refigured on the basis of must be in writing by us to be valid. Our request what it would have been settled for had the for an appraisal or examination will not waive any amount of salvage or recovery been known at the of our rights. No course of conduct nor any time the amount of loss was originally determined. indulgences, waivers, extensions forbearances, non- Any amounts thus found to be due any party shall enforcement of Certificateconditions, or the like, be promptly paid. extended at or over any time or from time to time 23. Volcanic Eruption Period. One or more volcanic by the Company to the named insured or anyone eruptions that occur within a 72-hour period will be shall waive, nullify, or modify any Certificate consideredas one volcanic eruption. provision as to any other occasion or waive, nullify, 24. Premiums. The named insured is authorized to or modify any other Certificate provision. advance all funds to be recovered from the 20. Assignment. Assignmentof this Certificate will not borrower for the insurance afforded and to act for be valid unless we give our written consent. such borrower in all matters pertaining to this 21. Nuclear Hazard Clause insurance including receipt of notice of a. Nuclear Hazard means any nuclear reaction, cancellation, and return premium, if any. radiation or radioactive contamination, all whether controlled or uncontrolled or however caused, or any consequenceof any of these. b. Loss caused by the nuclear hazard witt not be considered loss caused by fire, explosion, or /n Witness Whereof, we have caused this Certificate to be signed by our President and Secretary, but it shall not be valid unless countersignedon the Declarations by our authorized representative (where required by state law). CLN CZUFNCRA SECRETARY 92- MIP 233 (01-12) Page 8 of 8 MIP233-0212 Includes copyMghted materialof InsuranceServices Office with its permission Mortgagee'sInterest Protection Residential Property Florida AmendatoryEndorsement THIS ENDORSEMENT CHANGES THE CERTIFICATE. PLEASE READ IT CAREFULLY. CONDITIONS 8. Appraisal is deletedand replacedby the following: 4. Your Duties After Loss, paragraphs a. and d. are deleted and replacedby the following: 8. Mediation or Appraisal. If we and you: a. Give prompt notice to us or our agent. A claim or a. Are engaged in a dispute regarding a claim, reopened claim for loss or damage caused by either may request a mediation of the loss in hurricane or other windstorm is barred unless accordance with the rules established by the notice of claim is given to us in accordance with Florida Department of Financial Setvices. The the terms of this Certificate within three years loss amount must be $500 or more, prior to after the hurricane first made landfall or a application of the deductible; or there must be windstorm other than hurricane caused the a difference of $500 or more between the loss covered damage. (Supplemental claim or settlement amount we offer and the loss reopened claim means an additional claim for settlement amount that you request. The recovery from us for losses from the same settlement in the course of mediation is binding hurricane or other windstorm which we have only if both parties agree, in writing, on a previouslyadjusted pursuantto the initialclaim.) settlement, and you have not rescinded the settlement within three business days after This provision concerning time for submission of reaching settlement. You may not rescind the claim, supplemental claim or reopened claim does settlement after cashing or depositing the not affect any limitation for legal action against settlementcheck or draft we provided to you. us as provided in this Certificate under Legal Action Against Us, including any amendment to We will pay the cost of conducting the that condition; mediation conference. However, if: (1) You fail to appear at the mediation d. As often as we reasonablyrequire: conference and you wish to schedule a new (1) Show the damaged residential property. conference after failing to appear, then the However, if we require access to you or to new conference witt be scheduled only upon the residentialpropertythat is the subjectof your payment of a sum equal to the fees we a claim, we must provide at least 48 hours paid for the mediation conference at which notice to you, your public adjuster or legal you failed to appear. This sum will then be representative before scheduling a meeting applied to the cost of the rescheduled with you or prior to conducting an onsite mediation conference, and we will pay the inspection of the residential property. You balance, if any, of the cost of conducting may deny access to the residential property the rescheduledmediation conference;or if the notice has not been provided or may (2) We fail to appear at a mediation conference waive the 48-hour notice; without good cause, we will pay your actual (2) Provide us with records and documents we cash expenses you incur in attending the requestand permit us to make copies; and mediation conference and also pay the total (3) Submit to examination under oath, while not cost of the rescheduled mediation in the presence of any other named Insured, conference. and sign the same; b. Disagree on the value of the residential 5. Loss Settlement, the following item (5) is added property or the amount of loss, either may request an appraisal of the loss, in writing. In under paragraph b.: this event, each party will select a competent and impartial appraiser. The two appraisers will (5) If the loss or damage occurs to pool select an umpire. If they cannot agree, either enclosures, cabanas, screened porches or other shelter-type structures attached to the may request that selection be made by a judge of a court having jurisdiction. The appraisers dwelling, we will pay no more than ten percent (10%) of the Limit of Liability of this will state separately the value of the residential Certificate applying to the dwelling. This propeny and amount of toss. If they fail to agree, they will submit their difference to the Condition does not increase the Limit of Liability applying to the dwetting. umpire. A decision agreed to by any two will be binding. Each partywill: (1) Pay its chosen appraiser; and MIP 243 FL (02-13) Page 1 of 2 MIP243FL-0813 (2) Bear the other expenses of the appraisal and 2) There has been failure to comply umpire equally. with underwriting requirements established by us within 90 days of If there is an appraisal, we will still retain our the effective date of coverage; right to deny the claim. 3) There has been a substantial change in the risk covered by the However, you are not required to submit to, or Certificate; participate in, any appraisal of the loss as a 4) The cancellation is for all insureds precondition to action against us for failure to pay under such Certificates for a given the loss, if we: class of insureds; (1) Requested mediation and either party 5) On the basis of property insurance rejected the mediation result; or claims that are the result of an act (2) Failed to notify you of your right to of God, if we can demonstrate, by participatein the mediation program. claims frequency or otherwise, that you have failed to take action 11. Action Against Us is deleted and replaced by the reasonably necessary as requested following: by us to prevent recurrence of 11. Action Against Us. No action can be brought unless damage to the residentialproperty; the Certificate provisions have been complied with 6) On the basis of a single property and the action is started within five years after the insurance claim which is the result date of loss. of water damage, if we can demonstrate that you have failed to 16. Cancellation, paragraphs b. and e. are deleted and take action reasonably requested by replaced by the following: us to prevent a future similar occurrence of damage to the b. We may cancel this Certificate for only the residentialproperty; or reasons stated in this Condition by mailing or 7) The cancellation of some or all of delivering written notice of cancellation to the our Certificates is necessary to named insured at the named insured's mailing protect the best interests of the address shown in the Declarations. The notice public or Certificateholders and will includethe reason for cancellation. such cancellation is approved by the (1) If this Certificate has been in effect for 90 Florida Office of Insurance Regulation. days or less, we may cancel this Certificate for any reason by notifying the named e. If the return premium is not refunded with the insured, at least: notice of cancellation or when this Certificate is (a) 10 days before the effective date of returned to us, we will mail the refund within cancellation if we cancel for nonpayment 15 working days after the date cancellation of premium; or takes effect. (b) 20 days before the effective date of cancellation, if we cancel for any other 17. Non-Renewal is deleted and replaced by the reason, except we may cancel following: immediatelyif there has been a material misstatement or misrepresentation or a 17. Non-Renewal. failure to comply with underwriting a. We may elect not to renew this Certificate. We requirements established by us. may do so by notifying the named insured at (2) If this Certificate has been in effect for more least 90 days before the end of the Certificate than 90 days, we may cancel this Certificate peMod: only for one or more of the following reasons, b. Any notice of non-renewal will be mailed or at least: delivered to the named insured's mailing (a) 10 days before the effective date of address shown in the Declaration and will cancellation if we cancel for nonpayment include the reason for non-renewal. If notice is of premium; or mailed, proof of mailing will be sufficient proof (b) 90 days before the effective date of of notice. cancellation if we cancel for one or more of the following reasons: 1) The Certificate was obtained by a material misstatement; ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. MIP 243 FL (02-13) Page 2 of 2 MIP243FL-0813 Mortgagee'sInterest Protection Wind, Hail and Hurricane- Florida Mandatory Deductible Endorsement THIS ENDORSEMENTCHANGES THE CERTIFICATE. PLEASE READ IT CAREFULLY. When loss occurs caused by the peril of Windstorm, Hail or Hurricane, the deductible will be the greater of 2% of the Umit of Liability or $2,500, per described location. Hurricane Occurrence: a. Begins at the time a hurricane watch or warning is issued for any part of Florida by 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 WeatherService. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. MIP 05 FL (01-12) Page 1 of 1 MIP05FL-0813 Mortgagee'sInterest Protection Residential Property Florida CatastrophicGround Cover Collapse & Sinkhole Loss CoverageEndorsement THIS ENDORSEMENT CHANGES THE CERTIFICATE. PLEASE READ IT CAREFULLY. DEFINITIONS under the Florida Building Code for new buildings of similar structure, purpose or The following definitions are added: location; c. Damage that results in listing, leaning or 8. Catastrophic Ground Cover Collapse means buckling of the exterior load-bearing walls or geological activity that results in all of the other vertical primary structural members to following: such an extent that a plumb line passing a. The abrupt collapse of the ground cover; through the center of gravity does not fall b. A depression in the inside ground cover the middle clearly visible one-third of the base as to the naked eye; definedwithin the Florida Building Code; c. Structural damage of the dwelling insured d. Damage that results in the building, or any under this Certificate, including the foundation; portion of the building containing primary and structural members or primary structural d. The dwetling being condemned and ordered to systems, being significantly likely to be vacated by the governmental agency imminently collapse because of the movement authorized or by law to issue such an order for that instability of the ground within the dwelling. influence zone of the supporting ground within Catastrophic ground cover coltapse coverage does the sheer plane necessary for the purpose of not apply to Coverage B structures. supporting such building as defined within the 9. Sinkho[e activity means settlement or systematic Florida Building Code; or weakening of the earth e. supporting the covered Damage occurring on or after Oct