Preview
Filing # 134715097 E-Filed 09/16/2021 10:41:24 AM
,TH
IN THE CIRCUIT COURT OF THE 17
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE-21-010730
REGINALD LAURISTON AND
MARIE-LYNE ATHIS,
Plaintiffs,
VS.
UNIVERSALPROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
DEFENDANT UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY'S
ANSWER, DEFENSES, AND DEMAND FOR JURY TRIAL
Defendant, Universal Property & Casualty Insurance Company ("Universal"), by and
through the undersigned counsel, hereby files its Answer and Defenses to Plaintiffs' Complaint
and states as follows:
1. Universal denies the allegations contained within Paragraph 1 and strict proof
thereof is hereby demanded.
2. Universal is without knowledge and therefore denies the allegations contained
within Paragraph 2 and strict proof thereof is hereby demanded.
3 With respect to the allegations contained within Paragraph 3, Universal states that
it is a Florida corporation, located in Broward County, Florida, and authorized to issue
homeowners' insurance policies throughout the State of Florida. Universal denies all other
allegations and strict proofthereof is hereby demanded.
4. With respect to the allegations contained within Paragraph 4, Universal admits
venue is proper in Broward County, Florida.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/16/2021 10:41:23 AM.****
Reginald Lauriston, et. al v. UPCIC
Case No.: CACE-21-010730
5. With respect to the allegations contained within Paragraph 5, Universal states that
it issued Policy No. XXXX-XXXX-4642("Policy") to Reginald Lauriston and Marie-Lyne Athis
for the property located at 7763 Plantation Blvd, Miramar, FL 33023 ("insured property") during
the policy period of April 5, 2017, through April 5, 2018, subject to all terms, conditions,
definitions, limitations, exclusions and endorsements. Universal states that the Policy speaks for
itself. Universal denies all other allegations and strict proof thereof is hereby demanded.
6. With respect to the allegations contained within Paragraph 6, Universal states that
the Policy speaks for itself. Universal denies all other allegations and strict proofthereofishereby
demanded.
7. With respect to the allegations contained within Paragraph 7, Universal states that
upon notification of the alleged damages, Universal assigned claim number FL20-
E317 to the alleged loss. Universal denies all other allegations and strict proof thereofis hereby
demanded.
8. Universal denies the allegations contained within Paragraph 8 and strict proof
thereof is hereby demanded.
COUNT I -
BREACH OF CONTRACT AGAINST DEFENDANT
9. Universal re-avers and incorporates its responses to Paragraphs 1 through 8 above
as if stated fully herein.
10. With respect to the allegations contained within Paragraph 10, Universal states that
the Policy speaks for itself. Universal denies all other allegations and strict proofthereof is hereby
demanded.
11. Universal denies the allegations contained within Paragraph 11 with specificity.
Specifically,but not limited to, the Plaintiffs failed to provide prompt notice of supplemental claim
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Reginald Lauriston, et. al v. UPCIC
Case No.: CACE-21-010730
and failed to protect the property from further damage. Therefore, Plaintiffs failed to comply with
policy conditions. Based on the foregoing, Plaintiffs failed to comply with the conditions
precedent to filing the subject lawsuit. Universal denies all other allegations and strict proof
thereof is hereby demanded.
12. With respect to the allegations containedwithin Paragraph 12, Universal states only
that it issued a coverage determination letter on or about September 18, 2017 to Plaintiffs, which
speaks for itself. Universal denies all other allegations and strict proofthereofis hereby demanded.
13. Universal denies the allegations contained within Paragraph 13 and strict proof
thereof is hereby demanded.
14. Universal denies the allegations contained within Paragraph 14 and strict proof
thereof is hereby demanded.
15. Universal denies the allegations contained within Paragraph 15 and strict proof
thereof is hereby demanded.
16. With respect to the allegations contained within Paragraph 16, Universal states that
Fla. Stat. § 627.428 speak for itself. Universal denies all other allegations and strict proofthereof
is hereby demanded.
17. With respect to the allegations contained within Paragraph 17, Universal states that
Fla. Stat. § 627.428 speak for itself. Universal denies all other allegations and strict proofthereof
is hereby demanded.
Universal denies any and all other allegations not specifically addressed above.
Universal denies any and all relief requested in Plaintiffs' "Wherefore" Clause including
any entitlement to the reliefrequested therein.
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Reginald Lauriston, et. al v. UPCIC
Case No.: CACE-21-010730
DEFENSES
Universal sets forth defenses which it expects to develop further factual evidence in support
ofthroughoutdiscovery in this case. See, generally, Gonzalez v. NAFH Nat. Bank,93 So. 3d 1054,
1057 (Fla. 3d DCA 2012). In defense ofthis action Universal relies on the subject Policy, attached
hereto as Exhibit "A", pursuant to which Universal sets forth the following defenses:
FIRST DEFENSE
Premature Litigation -
No SPOL
During the adjustment of the loss, Plaintiffs filed suit, such that the subject lawsuit is
premature and should be dismissed. Pursuant to Fla. Stat. § 627.70131(3), "within 10 working
days after an insurer receives proof of loss statements, the insurer shall begin such investigation
as is reasonably necessary"unless the failure to begin the investigation is caused by factors beyond
the insurer's control. Plaintiffs filed this action without ever providing Universal with several
requested documents, including, most notably a requested sworn proof of loss statement.
Universal asserts that because the subject suit is premature and not ripe, no attorney fees and costs
pursuantto section 627.428, Florida Statute are warranted as a resultofPlaintiffs'failure to comply
with all conditions and requirements pursuant to the subject policy.
SECOND DEFENSE
Untimely Supplemental Claim
Universal asserts that its liability, if any, is only in accordance with the terms, provisions,
conditions, limitations, and exclusions of its Policy, including, but not limited to, all applicable
policy limits and policy dates. Universal particularly asserts this defense to the extent that the
supplemental claim that is the subject of this action was brought on or about September 15,2020,
which is not within three (3) years of the alleged hurricane event, in violation of the policy
provisions and Fla. Stat. 627.70132.
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Reginald Lauriston, et. al v. UPCIC
Case No.: CACE-21-010730
THIRD DEFENSE
Failure to Mitigate
Universal asserts that the alleged damages were caused and worsened by a failure to
mitigate at or after the time of the alleged date of loss. Specifically, Plaintiffs reported that the
alleged damages occurred on September 10, 2017; however, upon inspection on September 16,
2017, Plaintiffs had not yet contracted for or completed any mitigation services, such as rooftarp
and/or repairs. In addition, as of the date of the filing of this pleading, Plaintiffs have failed to
provide any documents showing any such services have been completed to date. Therefore,
Plaintiffs are not entitled to recover in this action accordingly.
FOURTH DEFENSE
Excluded Peril -
Neglect
Universal asserts that its liability, if any, is only in accordance with the terms, provisions,
conditions, limitations, exclusions and endorsementsof its Policy, including, but not limited to, all
applicable limits and policy dates. Specifically, Plaintiffs reported that the alleged damages
occurred on September 10,2017; however, upon inspection on September 16,2017, Plaintiffs had
not yet contracted for or completed any mitigation services, such as roof tarp and/or repairs. In
addition, as ofthe date ofthe filing ofthis pleading, Plaintiffs have failed to provide any documents
showing any such services have been completed to date. Based on the foregoing, Plaintiffs
neglected to use all reasonable means to save and preserve the subject property. Therefore, the
alleged damages claimed in this suit caused directly or indirectly by neglect are excluded under
the subject Policy.
FIFTH DEFENSE
Conditions Precedent: Prompt Notice: Late Reporting and Prejudice to Defendant
Universal asserts that the alleged claim is subject to a failure to provide "prompt" notice to
Universal as required under the Policy. Specifically, Plaintiffs untimely reported the alleged loss
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Reginald Lauriston, et. al v. UPCIC
Case No.: CACE-21-010730
to Universal four (4) days after it allegedly occurred, which was a material breach of the policy
and resulted in prejudice to Universal, as Universal was not able to inspect the alleged loss at the
time it allegedly occurred. In addition, Plaintiffs untimely reported the alleged supplemental claim
more than three (3) years after the alleged hurricane damages occurred. This delay effectively
deprived Universal of a fair opportunity to fully investigate the alleged loss and subjects Universal
to the potential indemnification for worsened damages and increased repair costs.
SIXTH DEFENSE
Condition Precedent -
Provide Requested Documents
Universal asserts that Plaintiffs have failed and/or delayed in providing requested
documentation, including but not limited to, a signed sworn statement in proof of loss; and an
itemized invoice showing the completion date for the actual repair of the damaged areas. This was
a material breach of the policy and resulted in prejudice to Universal, as Universal was deprived
of its right to timely obtain a sworn statement under oath of the alleged claim and of a fair
opportunity to fully investigate the alleged loss, thereby being subjected to potential
indemnification for worsened damages and increased repair costs. The alleged claims in this suit
are, therefore, also premature in nature, and no relief can be granted until such time as there is
compliance with all conditions and requirements pursuant to the terms of the Policy.
SEVENTH DEFENSE
Conditions Precedent -
Keep Accurate Record of Repair Expenses
Universal assertsthat the alleged claim involves a failure to satisfy all conditions precedent
to recover pursuant to the terms of the Policy in that it was not provided with requested
documentation showing that repairs completed and/or to demonstrate the extent of damages to
property and/or provide an inventory of alleged damaged contents. This was a material breach of
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Reginald Lauriston, et. al v. UPCIC
Case No.: CACE-21-010730
the policy and resulted in prejudice to Universal such that no action can be brought against
Universal pursuant to the subject Policy terms.
EIGHTH DEFENSE
Absence of Damage and Excessive Damages
Universal asserts that damages are being sought in this action for items and/or areas of the
home that were not caused by the alleged loss, including but not limited to the roof. As such, there
is no coverage for these items and/or areas of the insured property. Further, this action involves
claims for damages that includes numerous repairs that are excessive, inaccurate, unwarranted,
upgrades or relate to items and/or areas of the insured property that were not damaged, which is
precluded as a matter of law.
NINTH DEFENSE
Perils Insured Against -
Direct Physical Loss
Universal asserts that pursuant to the subject Policy, Universal's liability under the Policy
for a covered loss is limited to actual damages. However, Plaintiffs have submitted an estimate
for repair or replacement o f several areas o f the property, such as the roo f that have not sustained
any direct physical loss from the claimed storm damage. The Universal policy insures against
"direct loss... only ifthat loss is a physical loss to property."See Policy, page 6 of 18. The phrase
"direct physical loss" has been defined to mean actual damage. Actual damage is visible physical
damage that can be observed. See Homeowners Choice Property & Casualty v. Maspons, 211
So.3d 1067 (Fla. 3d DCA 2017) ("'Direct' and 'physical' modify loss and impose the requirement
that the damage be actual.").
TENTH DEFENSE
No Coverage by Waiver or Estoppel
Universal asserts that it has not waived any of its defenses nor is it estopped from asserting
any and all defenses as they pertain to coverage, exclusions, or payments made toward the alleged
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Reginald Lauriston, et. al v. UPCIC
Case No.: CACE-21-010730
claims in the Complaint. Under Florida law, coverage cannot be created or extended through
estoppel or waiver. See Doe v. Allstate Ins. Co., 653 So. 2d 371 (Fla. 1995); Crown Life Ins. Co.
v. Mc Bride, 517 So. 2d 660 (Fla. 1987); Gamero v. Foremost Ins. Co., 208 So. 3d 1195 (Fla. 3d
DCA 2017). Furthermore, Plaintiffs failed to state a claim for waiver and/or estoppel. To have
waiver, the Plaintiffmust demonstrate that the Universalhad (1) the existence of a right, privilege,
advantage or benefit that can be waived; (2) the actual or constructiveknowledge of that right; and
(3) the intention to relinquish that right. See Leonardo v. State Farm Fire & Cas. Co., 675 So. 2d
176, 178 (Fla. 4th DCA 1996).
To have estoppel, there must be (1) a representationas to a material fact that is contradicted
by a later asserted position; (2) reliance on that representation; and (3) a change in position
detrimental to the party relying on the representationand caused by the representation. See Lloyds
Underwriters at London v. Keystone Equip. Fin. Corp., 25 So. 3d 89,93 (Fla. 4th DCA 2009).
Universal asserts that Plaintiffs have failed to establish or plead any of the aforementioned
elements in the Complaint, and as such Universal has not waived any of its defenses nor is it
estopped from asserting any and all defenses as they pertain to coverage, exclusions or payment
of the claim.
ELEVENTH DEFENSE
Payment/Set-off
Universal asserts that any covered damages related to the claims in this action have been
paid in full and no additional benefits are due. In addition, Universal asserts that it is entitled to a
set-offfor any monies paid to date including the amount of the Policy deductible, which does not
exceed any alleged covered damages in this case.
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Reginald Lauriston, et. al v. UPCIC
Case No.: CACE-21-010730
TWELFTH DEFENSE
Loss Settlement Provision
Universal asserts that pursuant to the subject Policy, it is only responsible for the actual
cost of repairs completed. Specifically,the Policy provides in the endorsement UPCIC 23 08 16
in relevant part that Universal is only obligated to pay beyond the actual cash value as work is
performed or repairs are completed. There has been no
showing either before or after the subject
suit was filed that any such work was performed, or repairs were completed to the extent that
would exceed the policy deductible.
THIRTEENTH DEFENSE
Laches
Universal asserts that the alleged claim is barred, in whole or in part, by the doctrine of
laches to the extent that there was an unreasonable, unjustified and significant amount oftime that
passed without asserting any claim for the alleged damage. This lack of diligence has prejudiced
Universal's ability to investigate the alleged loss and prejudicially subjects Universal to potential
increased indemnification to Plaintiffs and litigation cost and expenses.
FOURTEENTH DEFENSE
No Matching Statute Applicable
Universal affirmatively asserts that since work was not performed or repairs were not
completed the matching statute is not applicable.
STATEMENT
Universal reserves the right to add additional affirmative defenses and avoidances which
may become known as discovery proceeds.
WHEREFORE, Universal Property and Casualty Insurance Company, having answered
the Complaint and demonstrated by virtue of its denials and AffirmativeDefenses that Plaintiffs
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Reginald Lauriston, et. al v. UPCIC
Case No.: CACE-21-010730
are not entitled to relief against Universal, respectfully requests this Court enter a judgment in its
favor and for any other or further relief it may be entitled to under law or that this Court deems
just or equitable.
DEMAND FOR JURY TRIAL
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY demands a jury
trial of all matters so triable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via E-
Service to: Patrick Cassady, Esq., Cohen Law Group and
Counsel for Plaintiffs, on this 16th day of September, 2021.
Attorney for Defendant
Universal Property & Casualty Ins. Co.
PO Box 9388
Fort Lauderdale, Florida 33310
Telephone: 954-958-3319
Toll Free: 1-833-658-8594 (Judges Only)
Facsimile: 954-958-1262
By-. /sl
Lindsay C. Tropnas
Lindsay C. Tropnas, Esq.
Florida Bar No. 1003699
For Service of Court Documents onlv:
Primary:
Secondary:
Tertiary:
For Scheduling Matters:
Please do not send any inquiries or scheduling matters to com
or
10
UNIVERSAL EVOLUTION
PROPERTY
,,:..,? ..t.''
0/Q RISK ADVISORS
Certified Policy Request
Policy Number 1501-1701-4642
Named Insured Reginald Lauriston and Marie-Lyne Athis
Policy Term 4/5/2017 -
4/5/2018
To whom it may concern,
To the best of my knowledge, I believe this to be an accurate copy of the policy as of 04/05/2017,
Universal Property & Casualty Insurance Company does not ntend, by this response nor any aspect of the claim
investigation, to waive any defenses, rights, including any right to rescind or cancel, or any terms or conditionsof
the homeowners insurance policy.
Universal Property & Casualty Insurance Company expressly reserves all rights as stated in the homeowners
insurance policy and state statutes.
62
Carlos Villasenor -
UnderwritingDirector
Authorized Representative
EXHIBIT "A"
Universal Property & Casualty Insurance Company, Homeowners
A Stock Company UNIVERSAL
Declaration Effective
c/o Evolution Risk Advisors, Inc. PROPERTY
& ( . 1-1 It- . [ 4 ,Ir.i,V'
.'.' .%1.1
04/05/2017
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309 AMENDED: Wind
Mitigation
THIS S NOT A B LL
For Policy or Claims Questions Contact Your Agent Listed Below
Policy Number FROM Policy Period TO [MORTGAGEE BILLED1 Agent Code
1501-1701-4642 4/5/2017 4/5/2018 12:01 AM Standard Time BQ70
Named Insured and Address Agent Name and Address
Reginald Lauriston and Marie-Lyne Athis CR Processing Inc
7763 Piantation Blvd 6971 N Federal Hwy #405
Miramar, FL 33023 Boca Raton, FL 33487
(954) 393-3324 (561) 450-6528
Insured Location
7763 PLANTATION BLVD MIRAMAR, FL 33023 BROWARD COUNTY
Premium Summary
Basic Coverages Attached Endorsements Total Policy Premium
Premium Premium Assessments / Sure;harges MGA Fees/Policy Fees (Including Assessments& Surcharges)
$1,868.22 ($1,015.22) $508.00 $27.00 $1,388.00
Rating Information
Townhouse/ Number of Protection
Form Construction Year Rowhouse Families Occupied Class Territory BCEG
HO3 1961 N 1 Y 3 37 99
Masonry
Protective Device Credits:
Dweltlng Personal Property
County ReplacementCost ReplacementCost Burglar Fire Sprinkier
Broward Y N Y Y N
We will
provide the insurance described in this policy in return for the premium and compliance with all applicable provisions
of this
policy. For renewals. If we elect to continue this insurance, we will renew this policy if you pay the required renewal
premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to
the end of the current policy period or else this policy will expire.
Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the
conditions of this policy.
COVERAGES SECTION I -
LIMITS PREMIUMS COVERAGES SECTION Il -
LIMITS PREMIUMS
Coverage A Dwelling
-
$108,438 $1,868.22 Coverage E -
Personal Liability $100,000 $0.00
Coverage B -
Other Structure $10,844 Coverage F -
Medical Payments $1,000 $0.00
Coverage C -
Personal Property $28,000
Coverage D -
Loss of Use $21,688
NOTE: The portion of your premium for hurricane coverage is: $712.01
The portion of your premium for al! other coverages is: $675.99
Section I Coverages Subject to a 5.0% of Coverage A -
$5,422 Hurricane Deductible Per Calendar
Year.
Section I Coverages Subject to $2,500 All Other Perils (Non-Hurricane, Non-Sinkhole) Deductible Per Loss.
The Ordinance or Law Coverage amount is 25% of Coverage A $27,110-
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT-
OF-POCKET EXPENSES TO YOU.
Flood coverage is not provided by Universal Properly & Casualty Insurance Company and is not palt of this policy.
CR Processing Inc Sbrl 9 6??
Countersignature Date Chief Executive Officer
UPCIC HO DEC 15 02 20 Printed Date: 6/9/2021 5:47:22 PM 1 of 3
Universal Property & Casualty Insurance Company,
A Stock Company UNIVERSAL
Declaration Effective
c/o Evolution Risk Advisors, Inc. PROPERTY
& ( . 1-1 It- . [ 4 ,Ir.i,V'
.'.' .%1.1
04/05/2017
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309 AMENDED: Wind
Mitigation
THIS S NOT A B LL
Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code
1501-1701-4642 4/5/2017 4/5/2018 12:01 AM Standard Time BQ70
Additional Interest
Interest 01 Interest 02 Interest 03
M&T Bank
It's Successors and/or As
P.O. Box 5738
Springfield, OH 45501
0101955565
Mortgagee
Policy Forms & EndorsementsApplicableto This Policy
NUMBER EDITION DESCRIPTION LIMITS PREMIUMS
HO 00 03 04 91 Homeowners 3 Special Form $1,868.22
UPCIC 03 33 07 08 LimitedFungi, Wet or Dry Rot, or Bacteria Section I -
$10,000/$20,000;
Section Il $50,000
-
UPCIC 3 01 98 Outline of Your Homeowner Policy
UPCIC 25 01 98 (06-07) Hurricane Deductible
UPCIC 23 08 16 Special Provisions -
Florida
UPCIC 19 01 98 Windstorm Protective Devices ($91100)
UPCIC 16 01 98 Loss Assessment Coverage $1,000
HO 23 70 06 97 Windstorm Exterior Paint or Waterproofing Endorsement
HO 04 96 04 91 No Coverage for Home Day Care Business
HO 04 16 04 91 Premises Alarm or Fire Protection System ($78.00)
UPCIC 10 01 98 (06-07) Existing Damage Exclusion
Personal Property Increase/Decrease $28,000 ($26.22)
Other Structures $10,844
Year Built Surcharge $508.00
MGA Fee $25.00
Emergency ManagementPreparedness Assistance Trust Fund $2.00
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND
COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED
AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE
COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL
COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.
UPCIC HO DEC 15 02 20 Printed Date: 6/9/2021 5:47:22 PM 2 of 3
Universal Property & Casualty Insurance Company,
A Stock Company UNIVERSAL
Declaration Effective
c/o Evolution Risk Advisors, Inc. PROPERTY
& ( . 1-1 It- . [ 4 ,Ir.i,V'
.'.' .%1.1
04/05/2017
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309 AMENDED: Wind
Mitigation
THIS S NOT A B LL
Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code
1501-1701-4642 4/5/2017 4/5/2018 12:01 AM Standard Time BQ70
PLEASE VISIT TO VIEW YOUR APPLICABLE POLICY FORMS
AND ENDORSEMENTS. LOG IN AND CLICK MY POLICIES/POLICY DETAILS OR TYPE THIS
URL INTO YOUR INTERNET BROWSER:
YOU HAVE THE RIGHT TO
REQUEST AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR
POLICY AND ENDORSEMENTS BY CONTACTING YOUR AGENT OR CALLING CUSTOMER
SERVICE AT 1-800-425-9113.
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE
IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE
AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER
THE PURCHASE OF FLOOD INSURANCE. YOUR
HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE
COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN
IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO
OCCUR. WITHOUT SEPARATE FLOOD INSURANCE
COVERAGE, YOU MAY HAVE UNCOVERED LOSSES
CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO
PURCHASE SEPARATE FLOOD INSURANCE COVERAGE
WITH YOUR INSURANCE AGENT.
COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO-
PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-
POCKET EXPENSES TO YOU.
IMPORTANT: This replaces all previously issued policy declarations, if any and is subject to all forms and endorsementsattached to this policy.
UPCIC HO DEC 15 02 20 Printed Date: 6/9/2021 5:47:22 PM 3 of 3
HOMEOWNERS
HO 00 03 04 91
s
HOMEOWNERS 3
SPECIAL FORM
AGREEMENT
We will provide the insurance described in this policy in return for the premium and compliance with all applica-
ble provisions of this policy.
DEFINITIONS
In this policy, "you" and "your" refer to the "named c. Any premises used by you in connection with a
insured" shown in the Declarations and the spouse if premises in 4.a. and 4.b. above;
a resident of the same household. "We," "us" and
d. Any part of a premises:
"our" refer to the Company providing this insurance.
In addition, certain words and phrases are defined as (1) Not owned by an "insured"; and
follows: (2) Where an "insured" is temporarilyresiding;
1. "Bodily injury" bodily harm, sickness or
means e. Vacant land, other than farm land, owned by or
disease, including required care, loss of services rented to an "insured";
and death that results.
f. Land owned by or rented to an "insured" on
2. "Business" includes trade, profession or occupa- which a one or two family dwelling is being
tion. built as a residence for an "insured";
3. "Insured" means you and residents of your house- g. Individual or family cemetery plots or burial
hold who are: vaults of an "insured"; or
a. Your relatives; or h. Any part of a premises occasionally rented to
b. Other persons under the age of 21 and in the an "insured" for other than "business" use.
care of any person named above. 5. "Occurrence" means an accident, including con-
Under Section Il, "insured" also means:
tinuous or repeated exposure to substantially the
same general harmful conditions, which results,
c. With respect to animals or watercraft to which the policy period, in:
during
this policy applies, any person or organization
legally responsible for these animals or water-
a. "Bodily injury"; or
craft which are owned by you or any person in- b. "Property damage."
cluded in 3.a. or 3.b. above. A person or or-
6. "Property damage" means physical injury to, de-
ganization using or having custody of these struction of, or loss of use oftangible property.
animals or watercraft in the course of any
"business" or without consent of the owner is 7. "Residence employee" means:
not an "insured": a. An employee of an "insured" whose duties are
d. With respect to any vehicle to which this related to the maintenance or use of the "resi-
policy
applies: dence premises," including household or do-
mestic services; or
(1) Persons while engaged in your employ or
that of any person included in 3.a. or 3.b. b. One who performs similar duties elsewhere not
above; or related to the "business" of an "insured."
Other persons using the vehicle 8. "Residence premises" means:
(2) on an
"insured location" with your consent. The
a. one
Preview
Filing # 134715097 E-Filed 09/16/2021 10:41:24 AM ,TH IN THE CIRCUIT COURT OF THE 17 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-21-010730 REGINALD LAURISTON AND MARIE-LYNE ATHIS, Plaintiffs, VS. UNIVERSALPROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i DEFENDANT UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY'S ANSWER, DEFENSES, AND DEMAND FOR JURY TRIAL Defendant, Universal Property & Casualty Insurance Company ("Universal"), by and through the undersigned counsel, hereby files its Answer and Defenses to Plaintiffs' Complaint and states as follows: 1. Universal denies the allegations contained within Paragraph 1 and strict proof thereof is hereby demanded. 2. Universal is without knowledge and therefore denies the allegations contained within Paragraph 2 and strict proof thereof is hereby demanded. 3 With respect to the allegations contained within Paragraph 3, Universal states that it is a Florida corporation, located in Broward County, Florida, and authorized to issue homeowners' insurance policies throughout the State of Florida. Universal denies all other allegations and strict proofthereof is hereby demanded. 4. With respect to the allegations contained within Paragraph 4, Universal admits venue is proper in Broward County, Florida. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/16/2021 10:41:23 AM.**** Reginald Lauriston, et. al v. UPCIC Case No.: CACE-21-010730 5. With respect to the allegations contained within Paragraph 5, Universal states that it issued Policy No. XXXX-XXXX-4642("Policy") to Reginald Lauriston and Marie-Lyne Athis for the property located at 7763 Plantation Blvd, Miramar, FL 33023 ("insured property") during the policy period of April 5, 2017, through April 5, 2018, subject to all terms, conditions, definitions, limitations, exclusions and endorsements. Universal states that the Policy speaks for itself. Universal denies all other allegations and strict proof thereof is hereby demanded. 6. With respect to the allegations contained within Paragraph 6, Universal states that the Policy speaks for itself. Universal denies all other allegations and strict proofthereofishereby demanded. 7. With respect to the allegations contained within Paragraph 7, Universal states that upon notification of the alleged damages, Universal assigned claim number FL20- E317 to the alleged loss. Universal denies all other allegations and strict proof thereofis hereby demanded. 8. Universal denies the allegations contained within Paragraph 8 and strict proof thereof is hereby demanded. COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT 9. Universal re-avers and incorporates its responses to Paragraphs 1 through 8 above as if stated fully herein. 10. With respect to the allegations contained within Paragraph 10, Universal states that the Policy speaks for itself. Universal denies all other allegations and strict proofthereof is hereby demanded. 11. Universal denies the allegations contained within Paragraph 11 with specificity. Specifically,but not limited to, the Plaintiffs failed to provide prompt notice of supplemental claim 2 Reginald Lauriston, et. al v. UPCIC Case No.: CACE-21-010730 and failed to protect the property from further damage. Therefore, Plaintiffs failed to comply with policy conditions. Based on the foregoing, Plaintiffs failed to comply with the conditions precedent to filing the subject lawsuit. Universal denies all other allegations and strict proof thereof is hereby demanded. 12. With respect to the allegations containedwithin Paragraph 12, Universal states only that it issued a coverage determination letter on or about September 18, 2017 to Plaintiffs, which speaks for itself. Universal denies all other allegations and strict proofthereofis hereby demanded. 13. Universal denies the allegations contained within Paragraph 13 and strict proof thereof is hereby demanded. 14. Universal denies the allegations contained within Paragraph 14 and strict proof thereof is hereby demanded. 15. Universal denies the allegations contained within Paragraph 15 and strict proof thereof is hereby demanded. 16. With respect to the allegations contained within Paragraph 16, Universal states that Fla. Stat. § 627.428 speak for itself. Universal denies all other allegations and strict proofthereof is hereby demanded. 17. With respect to the allegations contained within Paragraph 17, Universal states that Fla. Stat. § 627.428 speak for itself. Universal denies all other allegations and strict proofthereof is hereby demanded. Universal denies any and all other allegations not specifically addressed above. Universal denies any and all relief requested in Plaintiffs' "Wherefore" Clause including any entitlement to the reliefrequested therein. 3 Reginald Lauriston, et. al v. UPCIC Case No.: CACE-21-010730 DEFENSES Universal sets forth defenses which it expects to develop further factual evidence in support ofthroughoutdiscovery in this case. See, generally, Gonzalez v. NAFH Nat. Bank,93 So. 3d 1054, 1057 (Fla. 3d DCA 2012). In defense ofthis action Universal relies on the subject Policy, attached hereto as Exhibit "A", pursuant to which Universal sets forth the following defenses: FIRST DEFENSE Premature Litigation - No SPOL During the adjustment of the loss, Plaintiffs filed suit, such that the subject lawsuit is premature and should be dismissed. Pursuant to Fla. Stat. § 627.70131(3), "within 10 working days after an insurer receives proof of loss statements, the insurer shall begin such investigation as is reasonably necessary"unless the failure to begin the investigation is caused by factors beyond the insurer's control. Plaintiffs filed this action without ever providing Universal with several requested documents, including, most notably a requested sworn proof of loss statement. Universal asserts that because the subject suit is premature and not ripe, no attorney fees and costs pursuantto section 627.428, Florida Statute are warranted as a resultofPlaintiffs'failure to comply with all conditions and requirements pursuant to the subject policy. SECOND DEFENSE Untimely Supplemental Claim Universal asserts that its liability, if any, is only in accordance with the terms, provisions, conditions, limitations, and exclusions of its Policy, including, but not limited to, all applicable policy limits and policy dates. Universal particularly asserts this defense to the extent that the supplemental claim that is the subject of this action was brought on or about September 15,2020, which is not within three (3) years of the alleged hurricane event, in violation of the policy provisions and Fla. Stat. 627.70132. 4 Reginald Lauriston, et. al v. UPCIC Case No.: CACE-21-010730 THIRD DEFENSE Failure to Mitigate Universal asserts that the alleged damages were caused and worsened by a failure to mitigate at or after the time of the alleged date of loss. Specifically, Plaintiffs reported that the alleged damages occurred on September 10, 2017; however, upon inspection on September 16, 2017, Plaintiffs had not yet contracted for or completed any mitigation services, such as rooftarp and/or repairs. In addition, as of the date of the filing of this pleading, Plaintiffs have failed to provide any documents showing any such services have been completed to date. Therefore, Plaintiffs are not entitled to recover in this action accordingly. FOURTH DEFENSE Excluded Peril - Neglect Universal asserts that its liability, if any, is only in accordance with the terms, provisions, conditions, limitations, exclusions and endorsementsof its Policy, including, but not limited to, all applicable limits and policy dates. Specifically, Plaintiffs reported that the alleged damages occurred on September 10,2017; however, upon inspection on September 16,2017, Plaintiffs had not yet contracted for or completed any mitigation services, such as roof tarp and/or repairs. In addition, as ofthe date ofthe filing ofthis pleading, Plaintiffs have failed to provide any documents showing any such services have been completed to date. Based on the foregoing, Plaintiffs neglected to use all reasonable means to save and preserve the subject property. Therefore, the alleged damages claimed in this suit caused directly or indirectly by neglect are excluded under the subject Policy. FIFTH DEFENSE Conditions Precedent: Prompt Notice: Late Reporting and Prejudice to Defendant Universal asserts that the alleged claim is subject to a failure to provide "prompt" notice to Universal as required under the Policy. Specifically, Plaintiffs untimely reported the alleged loss 5 Reginald Lauriston, et. al v. UPCIC Case No.: CACE-21-010730 to Universal four (4) days after it allegedly occurred, which was a material breach of the policy and resulted in prejudice to Universal, as Universal was not able to inspect the alleged loss at the time it allegedly occurred. In addition, Plaintiffs untimely reported the alleged supplemental claim more than three (3) years after the alleged hurricane damages occurred. This delay effectively deprived Universal of a fair opportunity to fully investigate the alleged loss and subjects Universal to the potential indemnification for worsened damages and increased repair costs. SIXTH DEFENSE Condition Precedent - Provide Requested Documents Universal asserts that Plaintiffs have failed and/or delayed in providing requested documentation, including but not limited to, a signed sworn statement in proof of loss; and an itemized invoice showing the completion date for the actual repair of the damaged areas. This was a material breach of the policy and resulted in prejudice to Universal, as Universal was deprived of its right to timely obtain a sworn statement under oath of the alleged claim and of a fair opportunity to fully investigate the alleged loss, thereby being subjected to potential indemnification for worsened damages and increased repair costs. The alleged claims in this suit are, therefore, also premature in nature, and no relief can be granted until such time as there is compliance with all conditions and requirements pursuant to the terms of the Policy. SEVENTH DEFENSE Conditions Precedent - Keep Accurate Record of Repair Expenses Universal assertsthat the alleged claim involves a failure to satisfy all conditions precedent to recover pursuant to the terms of the Policy in that it was not provided with requested documentation showing that repairs completed and/or to demonstrate the extent of damages to property and/or provide an inventory of alleged damaged contents. This was a material breach of 6 Reginald Lauriston, et. al v. UPCIC Case No.: CACE-21-010730 the policy and resulted in prejudice to Universal such that no action can be brought against Universal pursuant to the subject Policy terms. EIGHTH DEFENSE Absence of Damage and Excessive Damages Universal asserts that damages are being sought in this action for items and/or areas of the home that were not caused by the alleged loss, including but not limited to the roof. As such, there is no coverage for these items and/or areas of the insured property. Further, this action involves claims for damages that includes numerous repairs that are excessive, inaccurate, unwarranted, upgrades or relate to items and/or areas of the insured property that were not damaged, which is precluded as a matter of law. NINTH DEFENSE Perils Insured Against - Direct Physical Loss Universal asserts that pursuant to the subject Policy, Universal's liability under the Policy for a covered loss is limited to actual damages. However, Plaintiffs have submitted an estimate for repair or replacement o f several areas o f the property, such as the roo f that have not sustained any direct physical loss from the claimed storm damage. The Universal policy insures against "direct loss... only ifthat loss is a physical loss to property."See Policy, page 6 of 18. The phrase "direct physical loss" has been defined to mean actual damage. Actual damage is visible physical damage that can be observed. See Homeowners Choice Property & Casualty v. Maspons, 211 So.3d 1067 (Fla. 3d DCA 2017) ("'Direct' and 'physical' modify loss and impose the requirement that the damage be actual."). TENTH DEFENSE No Coverage by Waiver or Estoppel Universal asserts that it has not waived any of its defenses nor is it estopped from asserting any and all defenses as they pertain to coverage, exclusions, or payments made toward the alleged 7 Reginald Lauriston, et. al v. UPCIC Case No.: CACE-21-010730 claims in the Complaint. Under Florida law, coverage cannot be created or extended through estoppel or waiver. See Doe v. Allstate Ins. Co., 653 So. 2d 371 (Fla. 1995); Crown Life Ins. Co. v. Mc Bride, 517 So. 2d 660 (Fla. 1987); Gamero v. Foremost Ins. Co., 208 So. 3d 1195 (Fla. 3d DCA 2017). Furthermore, Plaintiffs failed to state a claim for waiver and/or estoppel. To have waiver, the Plaintiffmust demonstrate that the Universalhad (1) the existence of a right, privilege, advantage or benefit that can be waived; (2) the actual or constructiveknowledge of that right; and (3) the intention to relinquish that right. See Leonardo v. State Farm Fire & Cas. Co., 675 So. 2d 176, 178 (Fla. 4th DCA 1996). To have estoppel, there must be (1) a representationas to a material fact that is contradicted by a later asserted position; (2) reliance on that representation; and (3) a change in position detrimental to the party relying on the representationand caused by the representation. See Lloyds Underwriters at London v. Keystone Equip. Fin. Corp., 25 So. 3d 89,93 (Fla. 4th DCA 2009). Universal asserts that Plaintiffs have failed to establish or plead any of the aforementioned elements in the Complaint, and as such Universal has not waived any of its defenses nor is it estopped from asserting any and all defenses as they pertain to coverage, exclusions or payment of the claim. ELEVENTH DEFENSE Payment/Set-off Universal asserts that any covered damages related to the claims in this action have been paid in full and no additional benefits are due. In addition, Universal asserts that it is entitled to a set-offfor any monies paid to date including the amount of the Policy deductible, which does not exceed any alleged covered damages in this case. 8 Reginald Lauriston, et. al v. UPCIC Case No.: CACE-21-010730 TWELFTH DEFENSE Loss Settlement Provision Universal asserts that pursuant to the subject Policy, it is only responsible for the actual cost of repairs completed. Specifically,the Policy provides in the endorsement UPCIC 23 08 16 in relevant part that Universal is only obligated to pay beyond the actual cash value as work is performed or repairs are completed. There has been no showing either before or after the subject suit was filed that any such work was performed, or repairs were completed to the extent that would exceed the policy deductible. THIRTEENTH DEFENSE Laches Universal asserts that the alleged claim is barred, in whole or in part, by the doctrine of laches to the extent that there was an unreasonable, unjustified and significant amount oftime that passed without asserting any claim for the alleged damage. This lack of diligence has prejudiced Universal's ability to investigate the alleged loss and prejudicially subjects Universal to potential increased indemnification to Plaintiffs and litigation cost and expenses. FOURTEENTH DEFENSE No Matching Statute Applicable Universal affirmatively asserts that since work was not performed or repairs were not completed the matching statute is not applicable. STATEMENT Universal reserves the right to add additional affirmative defenses and avoidances which may become known as discovery proceeds. WHEREFORE, Universal Property and Casualty Insurance Company, having answered the Complaint and demonstrated by virtue of its denials and AffirmativeDefenses that Plaintiffs 9 Reginald Lauriston, et. al v. UPCIC Case No.: CACE-21-010730 are not entitled to relief against Universal, respectfully requests this Court enter a judgment in its favor and for any other or further relief it may be entitled to under law or that this Court deems just or equitable. DEMAND FOR JURY TRIAL UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY demands a jury trial of all matters so triable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via E- Service to: Patrick Cassady, Esq., Cohen Law Group and Counsel for Plaintiffs, on this 16th day of September, 2021. Attorney for Defendant Universal Property & Casualty Ins. Co. PO Box 9388 Fort Lauderdale, Florida 33310 Telephone: 954-958-3319 Toll Free: 1-833-658-8594 (Judges Only) Facsimile: 954-958-1262 By-. /sl Lindsay C. Tropnas Lindsay C. Tropnas, Esq. Florida Bar No. 1003699 For Service of Court Documents onlv: Primary: Secondary: Tertiary: For Scheduling Matters: Please do not send any inquiries or scheduling matters to com or 10 UNIVERSAL EVOLUTION PROPERTY ,,:..,? ..t.'' 0/Q RISK ADVISORS Certified Policy Request Policy Number 1501-1701-4642 Named Insured Reginald Lauriston and Marie-Lyne Athis Policy Term 4/5/2017 - 4/5/2018 To whom it may concern, To the best of my knowledge, I believe this to be an accurate copy of the policy as of 04/05/2017, Universal Property & Casualty Insurance Company does not ntend, by this response nor any aspect of the claim investigation, to waive any defenses, rights, including any right to rescind or cancel, or any terms or conditionsof the homeowners insurance policy. Universal Property & Casualty Insurance Company expressly reserves all rights as stated in the homeowners insurance policy and state statutes. 62 Carlos Villasenor - UnderwritingDirector Authorized Representative EXHIBIT "A" Universal Property & Casualty Insurance Company, Homeowners A Stock Company UNIVERSAL Declaration Effective c/o Evolution Risk Advisors, Inc. PROPERTY & ( . 1-1 It- . [ 4 ,Ir.i,V' .'.' .%1.1 04/05/2017 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 AMENDED: Wind Mitigation THIS S NOT A B LL For Policy or Claims Questions Contact Your Agent Listed Below Policy Number FROM Policy Period TO [MORTGAGEE BILLED1 Agent Code 1501-1701-4642 4/5/2017 4/5/2018 12:01 AM Standard Time BQ70 Named Insured and Address Agent Name and Address Reginald Lauriston and Marie-Lyne Athis CR Processing Inc 7763 Piantation Blvd 6971 N Federal Hwy #405 Miramar, FL 33023 Boca Raton, FL 33487 (954) 393-3324 (561) 450-6528 Insured Location 7763 PLANTATION BLVD MIRAMAR, FL 33023 BROWARD COUNTY Premium Summary Basic Coverages Attached Endorsements Total Policy Premium Premium Premium Assessments / Sure;harges MGA Fees/Policy Fees (Including Assessments& Surcharges) $1,868.22 ($1,015.22) $508.00 $27.00 $1,388.00 Rating Information Townhouse/ Number of Protection Form Construction Year Rowhouse Families Occupied Class Territory BCEG HO3 1961 N 1 Y 3 37 99 Masonry Protective Device Credits: Dweltlng Personal Property County ReplacementCost ReplacementCost Burglar Fire Sprinkier Broward Y N Y Y N We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. For renewals. If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to the end of the current policy period or else this policy will expire. Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the conditions of this policy. COVERAGES SECTION I - LIMITS PREMIUMS COVERAGES SECTION Il - LIMITS PREMIUMS Coverage A Dwelling - $108,438 $1,868.22 Coverage E - Personal Liability $100,000 $0.00 Coverage B - Other Structure $10,844 Coverage F - Medical Payments $1,000 $0.00 Coverage C - Personal Property $28,000 Coverage D - Loss of Use $21,688 NOTE: The portion of your premium for hurricane coverage is: $712.01 The portion of your premium for al! other coverages is: $675.99 Section I Coverages Subject to a 5.0% of Coverage A - $5,422 Hurricane Deductible Per Calendar Year. Section I Coverages Subject to $2,500 All Other Perils (Non-Hurricane, Non-Sinkhole) Deductible Per Loss. The Ordinance or Law Coverage amount is 25% of Coverage A $27,110- THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT- OF-POCKET EXPENSES TO YOU. Flood coverage is not provided by Universal Properly & Casualty Insurance Company and is not palt of this policy. CR Processing Inc Sbrl 9 6?? Countersignature Date Chief Executive Officer UPCIC HO DEC 15 02 20 Printed Date: 6/9/2021 5:47:22 PM 1 of 3 Universal Property & Casualty Insurance Company, A Stock Company UNIVERSAL Declaration Effective c/o Evolution Risk Advisors, Inc. PROPERTY & ( . 1-1 It- . [ 4 ,Ir.i,V' .'.' .%1.1 04/05/2017 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 AMENDED: Wind Mitigation THIS S NOT A B LL Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code 1501-1701-4642 4/5/2017 4/5/2018 12:01 AM Standard Time BQ70 Additional Interest Interest 01 Interest 02 Interest 03 M&T Bank It's Successors and/or As P.O. Box 5738 Springfield, OH 45501 0101955565 Mortgagee Policy Forms & EndorsementsApplicableto This Policy NUMBER EDITION DESCRIPTION LIMITS PREMIUMS HO 00 03 04 91 Homeowners 3 Special Form $1,868.22 UPCIC 03 33 07 08 LimitedFungi, Wet or Dry Rot, or Bacteria Section I - $10,000/$20,000; Section Il $50,000 - UPCIC 3 01 98 Outline of Your Homeowner Policy UPCIC 25 01 98 (06-07) Hurricane Deductible UPCIC 23 08 16 Special Provisions - Florida UPCIC 19 01 98 Windstorm Protective Devices ($91100) UPCIC 16 01 98 Loss Assessment Coverage $1,000 HO 23 70 06 97 Windstorm Exterior Paint or Waterproofing Endorsement HO 04 96 04 91 No Coverage for Home Day Care Business HO 04 16 04 91 Premises Alarm or Fire Protection System ($78.00) UPCIC 10 01 98 (06-07) Existing Damage Exclusion Personal Property Increase/Decrease $28,000 ($26.22) Other Structures $10,844 Year Built Surcharge $508.00 MGA Fee $25.00 Emergency ManagementPreparedness Assistance Trust Fund $2.00 YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. UPCIC HO DEC 15 02 20 Printed Date: 6/9/2021 5:47:22 PM 2 of 3 Universal Property & Casualty Insurance Company, A Stock Company UNIVERSAL Declaration Effective c/o Evolution Risk Advisors, Inc. PROPERTY & ( . 1-1 It- . [ 4 ,Ir.i,V' .'.' .%1.1 04/05/2017 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 AMENDED: Wind Mitigation THIS S NOT A B LL Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code 1501-1701-4642 4/5/2017 4/5/2018 12:01 AM Standard Time BQ70 PLEASE VISIT TO VIEW YOUR APPLICABLE POLICY FORMS AND ENDORSEMENTS. LOG IN AND CLICK MY POLICIES/POLICY DETAILS OR TYPE THIS URL INTO YOUR INTERNET BROWSER: YOU HAVE THE RIGHT TO REQUEST AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR POLICY AND ENDORSEMENTS BY CONTACTING YOUR AGENT OR CALLING CUSTOMER SERVICE AT 1-800-425-9113. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO- PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF- POCKET EXPENSES TO YOU. IMPORTANT: This replaces all previously issued policy declarations, if any and is subject to all forms and endorsementsattached to this policy. UPCIC HO DEC 15 02 20 Printed Date: 6/9/2021 5:47:22 PM 3 of 3 HOMEOWNERS HO 00 03 04 91 s HOMEOWNERS 3 SPECIAL FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applica- ble provisions of this policy. DEFINITIONS In this policy, "you" and "your" refer to the "named c. Any premises used by you in connection with a insured" shown in the Declarations and the spouse if premises in 4.a. and 4.b. above; a resident of the same household. "We," "us" and d. Any part of a premises: "our" refer to the Company providing this insurance. In addition, certain words and phrases are defined as (1) Not owned by an "insured"; and follows: (2) Where an "insured" is temporarilyresiding; 1. "Bodily injury" bodily harm, sickness or means e. Vacant land, other than farm land, owned by or disease, including required care, loss of services rented to an "insured"; and death that results. f. Land owned by or rented to an "insured" on 2. "Business" includes trade, profession or occupa- which a one or two family dwelling is being tion. built as a residence for an "insured"; 3. "Insured" means you and residents of your house- g. Individual or family cemetery plots or burial hold who are: vaults of an "insured"; or a. Your relatives; or h. Any part of a premises occasionally rented to b. Other persons under the age of 21 and in the an "insured" for other than "business" use. care of any person named above. 5. "Occurrence" means an accident, including con- Under Section Il, "insured" also means: tinuous or repeated exposure to substantially the same general harmful conditions, which results, c. With respect to animals or watercraft to which the policy period, in: during this policy applies, any person or organization legally responsible for these animals or water- a. "Bodily injury"; or craft which are owned by you or any person in- b. "Property damage." cluded in 3.a. or 3.b. above. A person or or- 6. "Property damage" means physical injury to, de- ganization using or having custody of these struction of, or loss of use oftangible property. animals or watercraft in the course of any "business" or without consent of the owner is 7. "Residence employee" means: not an "insured": a. An employee of an "insured" whose duties are d. With respect to any vehicle to which this related to the maintenance or use of the "resi- policy applies: dence premises," including household or do- mestic services; or (1) Persons while engaged in your employ or that of any person included in 3.a. or 3.b. b. One who performs similar duties elsewhere not above; or related to the "business" of an "insured." Other persons using the vehicle 8. "Residence premises" means: (2) on an "insured location" with your consent. The a. one