Preview
Filing # 134160244 E-Filed 09/08/2021 10:27:14 AM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
ALIA ABDULLA,
Plaintiff,
V
CASE No.: CACE-21-011980
LEXINGTON INSURANCE COMPANY,
Defendant.
i
LEXINGTONINSURANCE COMPANY'S ANSWER AND
AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT
COMES NOW the Defendant, LEXINGTON INSURANCE COMPANY ("Lexington" or
"Defendant"),by and through its undersigned counsel, and herebyresponds to the correspondingly
numbered paragraphs of Plaintiff's Complaint, as follows:
1.
The Defendant admits the allegations contained in Paragraph 1 of the Plaintiff's
Complaint forjurisdictionalpurposes only. The Defendant denies the remainderofthe allegations
in Paragraph 1.
2.
The Defendant admits the allegations contained in Paragraph 2 of the Plaintiff's
Complaint for jurisdictionalpurposes only.
3
The Defendant admits the allegations contained in Paragraph 3 of the Plaintiff's
Complaint.
4.
The Defendant admits the allegations contained in Paragraph 4 of the Plaintiff's
Complaint.
5.
The Defendant admits that it has in its possession a copy of insurance policy
number 63763172-01 issued by the Defendantto Alia Abdulla,which insured the propertylocated
7692059.1
*** FILED: BROWARDCOUNTY, FL BRENDA D. FORMAN, CLERK 09/13/2021 11:46:06 AM.****
at 2131 SW 14 Way, Fort Lauderdale,Florida 33315, for policy period of September 25, 2016 to
September 25, 2017 ("Policy"). The Policyis attached as Exhibit "A" hereto.
6.
The Defendant denies the allegations in Paragraph 6 as the Policy speaks for itself.
7.
The Defendant denies the allegations contained in Paragraph 7 of the Plaintiff's
Complaint.
8
The Defendant admits the allegations contained in Paragraph 8 of the Plaintiff's
Complaint.
9-
The Defendant denies the allegations contained in Paragraph 9 of the Plaintiff's
Complaint.
10.
The Defendant denies the allegations contained in Paragraph 10 of the Plaintiff's
Complaint.
11.
The Defendant denies the allegations contained in Paragraph 11 of the Plaintiff's
Complaint.
12.
The Defendant denies the allegations contained in Paragraph 12 of the Plaintiff's
Complaint.
The Defendant admits that the Plaintiffis entitled to a jury trial on all issues so triable, but
otherwise denies that the Plaintiff is entitled to the relief sought in the Complaint's "Wherefore"
clause. The Defendant hereby denies any other allegations or requests for relief not specifically
addressed herein.
LEXINGTONINSURANCE COMPANY'S
AFFIRMATIVE DEFENSES
The Defendant, LEXINGTON INSURANCE COMPANY (hereinafter "Defendant")
hereby asserts the following Affirmative Defenses to the Plaintiff's Complaint. By raising any
2
7692059.1
affirmative defense, the Defendant does not intend to shift the burden of proof on any issue to
which the Plaintiffbearsthe burden.
FIRST AFFIRMATIVE DEFENSE
The Plaintiff's claims are subject to all of the terms, conditions, limitations, exclusions,
and deductibles contained in the Policy issued to Plaintiff. The amount recoverable for the
Plaintiff's claims is limited by the applicable coverage limits set forth in the Policy.
SECOND AFFIRMATIVE DEFENSE
The Plaintiff's claims are barred, in whole or in part, to the extent any damage was not
caused by or resulting from a covered cause of loss.
THIRD AFFIRMATIVEDEFENSE
Defendant asserts that it has complied with the terms and conditions of the applicable
insurance policy.
FOURTH AFFIRMATIVE DEFENSE
The Plaintiff's claims are barred, in whole or in part, to the extent the claimed damages are
caused by expansion or contractionofmaterials, wear and tear, marring, or deterioration:
SECTION I - PERILS INSURED AGAINST
A. Coverage A-DwellingAnd Coverage B-Other Structures
1. We insure against risk of direct physical loss to property described
in Coverages A. and B.
2. We do not insure however for loss:
a. Excluded under Section I -Exclusions;
b. Involving collapse except as provided in E.8. Collapse under
Section I - Property Coverages; or
c. Caused by:
(6) Any of the following:
(a) Wear and tear, marring, deterioration;
(f) Settling, shrinking, bulging or expansion, including
resultant cracking, of bulkheads, pavements, patios,
footings,foundations, walls, floors, roofs or ceilings;
FIFTH AFFIRMATIVE DEFENSE
3
7692059.1
The Plaintiff's claims are barred, in whole or in part, to the extent the claimed damages are
caused by installation deficiencies,maintenanceissues, or mechanicalmanipulation:
SECTION I - EXCLUSIONS
B. We do not insure for loss to property described in Coverages A and B
caused by any ofthe following. However, any ensuingloss to property
described in Coverages A and B not precludedby any other provision
in this policy is covered.
3. Faulty, inadequate or defective:
a. Planning, zoning, development, surveying,siting;
b.
Design specifications, workmanship, repair, construction,
renovation, remodeling, grading, compaction; or
c. Materialsused in repair, construction, renovation, or remodeling;
or
d. Maintenance;
of part or all of any property whether on or off the "residence
',
premises .
SIXTH AFFIRMATIVE DEFENSE
The Plaintiff's claimed loss allegedly occurred on or about September 10, 2017. The loss
was not reported to the Defendant until July 30,2020. The Plaintiff made repairs to the property
prior to reportingthe loss. The Plaintiffdid not provide promptnotice ofthe loss, and did not show
the damaged property, or provide requested records and documents, the Defendant has been
prejudiced in its ability to investigate the loss as a result. The Plaintiff's claims are therefore
barred-
SECTION I - CONDITIONS
B. Duties After Loss
In case of a loss to covered property, we have no duty to provide
coverage under this policy if the failure to comply with the following
duties is prejudicial to us. These duties must be performed either by
you, an "insured" seeking coverage, or a representative of either:
1. Give prompt notice to us or our agent;
7. As often as we reasonably require:
a. Show the damaged property;
b. Provide us with records and documents we request and permit
us to make copies;
4
7692059.1
SEVENTH AFFIRMATIVE DEFENSE
Defendant asserts that Plaintiff's claim is barred in whole or in part by the doctrine of
waiver.
EIGHTH AFFIRMATIVE DEFENSE
To the extent the Plaintiffestablishes additional covered damage under the Policy, which
the Defendant disputes, any payment for such damage is subject to the Policy's deductibles, loss
payment provisions, and loss settlementprovisions.
NINTH AFFIRMATIVE DEFENSE
The Defendant pleads all other terms, conditions, limitations, definitions, and exclusions
containedwithin the Policy as if set forth herein in their entirety. The Plaintiff's damages, if any,
are barred and/or limited by the policy limits set forth in the Policy, in addition to all other
limitations, provisions, and any other terms, exclusions, and conditions of the applicable Policy
that specificallylimit, bar, or otherwise restrict the Plaintiff's recovery under the Policy. Further,
the Defendant's liability,ifany, is dependentupon the Policythat, as a written contract,is the best
evidence of its terms, conditions, limitations, and exclusions.
TENTH AFFIRMATIVE DEFENSE
Defendant asserts that Plaintiff's claim is barred in whole or in part by the doctrine of
promissoryestoppel.
ELEVENTH AFFIRMATIVE DEFENSE
Defendant asserts that Plaintiff's claim is barred in whole or in part by the doctrine of
laches.
RESERVATION OF RIGHTS
5
7692059.1
The Defendant reserves the right to amend its affirmative defenses or assert additional
defenses to the Complaint in the future that may later be developed through discovery in the
litigation of this matter.
DEMAND FOR JURY TRIAL
The Defendant, by and through its undersigned counsel, hereby demands trial byjury on
all issues so triable as a matter ofright and law.
WHEREFORE, the Defendant requests that this Court enter judgment in its favor and
award the Defendant its taxable costs, and grant any such other relief as the Court deemsjust and
equitable.
Dated: September 13, 2021.
CLAUSEN MILLER P.C.
/s/ Douglas M. Cohen, Esq.
Douglas M. Cohen, Esq.
Florida Bar No: 40857
Michael H. Scott, Esq.
Florida Bar No: 119963
4830 West Kennedy Blvd. #600
Tampa, FL 33609
Phone: 813-519-1013
dcohen@clausen.com
mscott@clausen.com
lbaez@clausen.com
karmour@clausen.com
CounselMDefendant
6
7692059.1
EXHIBIT "A,,
LEXINGTON INSURANCE COMPANY
99 High Street
Boston, MA 02110-2103
HO3 Declaration Confirmation
Policy Number: 63763172 - 01
Effective:
09/25/2016
Name of Insured and Risk Address:
Expiration: 09/25/2017
ABDULLA, ALIA
2131 SW 14TH WAY
FORT LAUDERDALE,FL 33315-2331
THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED
BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE
GUARANTYACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN
INSOLVENTUNLICENSED INSURER.
Producing Agent: STEVEN N FALK
Address: 7879 PINES BLVD SUITE 101
PEMBROKE PINES, FL 33024
SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED
BY ANY FLORIDA REGULATORY AGENCY.
THIS POLICY CONTAINSA SEPARATE DEDUCTIBLE FOR HURRICANE
OR WIND LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
THIS POLICY CONTAINS AS CO-PAY PROVISION THAT MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
ABDULLA-C-000001
{N.i-#
W+Nvvti
LEXINGTON INSURANCE COMPANY
PERSONAL NEa il@URANCE
Sub-Broker
HO3 Homeowner Declaration Page
Policy Number: 63763172 - 01
Renewal of Policy Number: 63763172
Name of Insured and Mailing Address:
Broker Name and Address
ABDULLA ALIA
AppalachianUnderwriters
800 Oak Ridge Turnpike
2131 SW 14THWAY
Oak Ridge, TN 37830
FORT LAUDERDALE, FL 33315-2331
888-376-9633
Policy Term: 09/25/2016
Expiration: 09/25/2017
12:01 AM Standard Time at the Insured's residence premises.
The residence premises covered bythis policy is located atthe above address, unless otherwise stated.
Insurance is provided only with respectto those special limits of liability applicable thereto:
Coveraae Part 1 - Homeowners
Coverage Part 2 - Personal Umbrella
-
Coverage A: Dwelling
$357,000
-
Umbrella Limit
$
0
-
Coverage B: Other Structures
$35,000
-
Self Insured Retention
$
0
-
Coverage C: Contents
$150,000
Coveraae Part 3 - Excess Flood ?
-
Coverage D: Loss of Use
$20,000
-
Building
$
0
-
Loss Assessment:
$1,000
-
Contents
$
0
-
Ordinance or Law.
10%
Coverage Part 4 - Scheduled Property
-
Coverage E: Personal Liability
$300,000
-
Total Scheduled Property
$
0
-
Coverage F: Medical Payments to Others
$1,000
-
Total Blanket Coverage
0
Annual Premium:
$3,561.00
Homeowner Deductibles
Policy Premium:
$3,561.00
All Other Perils:
$1,000
Inspection Fee:
0
Wind Hail:
5%
SL Broker Fee:
$35.00
Earthquake:
Excluded
Surplus Lines Taxes:
$179.80
Stamping Fee:
$5.39
Special: None
$NIA
Special: None
$N/A
Emergency Fund Fee:
$2.00
Total Due:
$3,783.19
Minimum Earned Premium: $0
Sub Broker Information
Narne:
FALCHER INC DBA JIMRAY
Homeowners Rating Information
INSURANCE
Territory: 35
Protection Class: 3
Addrl:
7879 PINES BLVD SUITE 101
County: BROWARD-FL
EQ Zone: NA
Addr 2:
Construction:Maso
Yr Built: 2007
City, State, Zip:
PEMBROKE PINES, FL 33024
Forms and Endorsementsmade part of this policy at time of issuance:
This declaration page with policy provisions and endorsements, if any, issued to form a part, thereof, completes the above
numbered homeowner's policy.
Countersignature Date 09/23/2016
Countersignature:
Authorized Representative:
Le(Elite 11/00
taa
ABDULLA-C-000002
Policy Number: 63763172 - 01
Insured: ABDULLA, ALIA
IN WITNESS WHEREOF, the Insurance Company identified on the Declarationshas caused this policy to be signed
by its President, Secretary and a duly authorized representative of the Insurance Company.
PRESIDENT
SECRETARY
Mortgage 1
Mortgage 2
COMPASS BANK ISAOA ATIMA
PO BOX 200017
KENNESAW, GA 30156-9222
Loan #: 1508253922
Mortgage 3
Page 2 of 2
ABDULLA-C-000003
POLICYNUMBER: 63763172 - 01
Effective Date:
09/25/2016
DateIssued: 09/23/2016
SCHEDULE OF FORMS AND ENDORSEMENTS
Lex Elite 11/00
DeclarationPage & AuthorizationClause
78052 12 13
AIG Property CasualtyU.S. Privacy and Data SecurityNotice
FL ORD ED 04 96
H03 Florida DisclosureNotice (FL only)
FL REJ ED 04 96
H03 Florida Rejection- Ordinanceand Law (FL ONLY)
HO 00 03 10 00
Homeowner3 Special Form
HO 04 14 10 00
Special ComputerCoverage
HO 04 16 10 00
Premises Alarm/Fire Protection System
HO 04 27 04 02
LimitedFungi, Wet or Dry Rot, or Bacteria Coverage
HO 04 35 10 00
Loss Assessment Coverage
HO 04 55 03 03
Identity Fraud
HO 04 90 10 00
Personal PropertyReplacement Cost
HO 05 80 10 00
PropertyRemediation/LimitedLiability for Escaped Fuels
HO 23 70 07 01
Windstorm Exterior Paint or WaterproofingExclusion
LEX 0014 09 08
Important Flood Notice.
LEX 00 31 11 04
TrampolineExclusion
LEX 00 3208 04
Underground Storage Tank Exclusion
LEX 00 63 04 05
-MechanicalBreakdown
LEX 00 66 07 07
Florida Windstorm or Hail Deductible
LEX 00 82 04 06
Maximum Payable AmountIf Other Insurance
LEX 00 106 02 15
Lex Special ProvisionsFlorida
LEX 00 144 04 14
Farm OperationsExclusion
LEX 00 159 03 09
Swimming Pool Under Coverage B Exclusion
LEX 00 168 09 09
SpecificBuilding Materials Exclusion
LEX 00 169 09 09
Inflation Guard
LEX 00 177 1114
IncidentalBusiness Coverage Endorsement
LEX 00 195 0414
Section I & SectionII Total Business Exclusion
LEX 00 197 06 14
PersonalInjury Coverage
LEX 00 202 0415
Existing Damage Exclusion
LEX 00 207 05 16
Care Services Exclusion
LEX 00 208 05 16
Drone Exclusion
LEX 04 95 11 04
Water Back Up and Sump Overflow
LEX 05 80 11 04
AdvisoryNotice to Policyholders - Explanatory Memo
LEX 15 31 11 04
Special PersonalProperty Coverage
89644 (6/13)
Economic SanctionsEndorsement
PRG 2023 (5-14)
Service of Suit Condition
Claims Notice to
Policyholders
What to Do if You Suffer a Lossto Your Home and Property
ABDULLA-C-000004
LEXINGTON INSURANCE COMPANY
99 High Street
Boston, MA 02110-2103
HO3 Declaration Confirmation
Policy Number: 63763172 - 01
Effective:
09/25/2016
Name of Insured and Risk Address:
Expiration: 09/25/2017
ABDULLA, ALIA
2131 SW 14TH WAY
FORT LAUDERDALE,FL 33315-2331
THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED
BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE
GUARANTYACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN
INSOLVENTUNLICENSED INSURER.
Producing Agent: STEVEN N FALK
Address: 7879 PINES BLVD SUITE 101
PEMBROKE PINES, FL 33024
SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED
BY ANY FLORIDA REGULATORY AGENCY.
THIS POLICY CONTAINSA SEPARATE DEDUCTIBLE FOR HURRICANE
OR WIND LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
THIS POLICY CONTAINS AS CO-PAY PROVISION THAT MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
ABDULLA-C-000005
{N.i-#
YNVvti
LEXINGTON INSURANCE COMPANY
PERSONAL LINEa il@URANCE
Mortgagee
HO3 Homeowner Declaration Page
Policy Number: 63763172 - 01
Renewal of Policy Number: 63763172
Name of Insured and Mailing Address:
Broker Name and Address
ABDULLA ALIA
AppalachianUnderwriters
800 Oak Ridge Turnpike
2131 SW 14THWAY
Oak Ridge, TN 37830
FORT LAUDERDALE, FL 33315-2331
888-376-9633
Policy Term: 09/25/2016
Expiration: 09/25/2017
12:01 AM Standard Time at the Insured's residence premises.
The residence premises covered bythis policy is located atthe above address, unless otherwise stated.
Insurance is provided only with respectto those special limits of liability applicable thereto:
Coveraae Part 1 - Homeowners
Coverage Part 2 - Personal Umbrella
-
Coverage A: Dwelling
$357,000
-
Umbrella Limit
$
0
-
Coverage B: Other Structures
$35,000
-
Self Insured Retention
$
0
-
Coverage C: Contents
$150,000
Coveraae Part 3 - Excess Flood ?
-
Coverage D: Loss of Use
$20,000
-
Building
$
0
-
Loss Assessment:
$1,000
-
Contents
$
0
-
Ordinance or Law.
10%
Coverage Part 4 - Scheduled Property
-
Coverage E: Personal Liability
$300,000
-
Total Scheduled Property
$
0
-
Coverage F: Medical Payments to Others
$1,000
-
Total Blanket Coverage
0
Annual Premium:
$3,561.00
Homeowner Deductibles
Policy Premium:
$3,561.00
All Other Perils:
$1,000
Inspection Fee:
0
Wind Hail:
5%
SL Broker Fee:
$35.00
Earthquake:
Excluded
Surplus Lines Taxes:
$179.80
Stamping Fee:
$5.39
Special: None
$NIA
Special: None
$N/A
Emergency Fund Fee:
$2.00
Total Due:
$3,783.19
Minimum Earned Premium: $0
Sub Broker Information
Narne:
FALCHER INC DBA JIMRAY
Homeowners Rating Information
INSURANCE
Territory: 35
Protection Class: 3
Addrl:
7879 PINES BLVD SUITE 101
County: BROWARD-FL
EQ Zone: NA
Addr 2:
Construction:Maso
Yr Built: 2007
City, State, Zip:
PEMBROKE PINES, FL 33024
Forms and Endorsementsmade part of this policy at time of issuance:
This declaration page with policy provisions and endorsements, if any, issued to form a part, thereof, completes the above
numbered homeowner's policy.
Countersignature Date 09/23/2016
Countersignature:
Authorized Representative:
Le(Elite 11/00
taa
ABDULLA-C-000006
Policy Number: 63763172 - 01
Insured: ABDULLA, ALIA
IN WITNESS WHEREOF, the Insurance Company identified on the Declarationshas caused this policy to be signed
by its President, Secretary and a duly authorized representative of the Insurance Company.
PRESIDENT
SECRETARY
Mortgage 1
Mortgage 2
COMPASS BANK ISAOA ATIMA
PO BOX 200017
KENNESAW, GA 30156-9222
Loan #: 1508253922
Mortgage 3
Page 2 of 2
ABDULLA-C-000007
POLICYNUMBER: 63763172 - 01
Effective Date:
09/25/2016
DateIssued: 09/23/2016
SCHEDULE OF FORMS AND ENDORSEMENTS
Lex Elite 11/00
DeclarationPage & AuthorizationClause
78052 12 13
AIG Property CasualtyU.S. Privacy and Data SecurityNotice
FL ORD ED 04 96
H03 Florida DisclosureNotice (FL only)
FL REJ ED 04 96
H03 Florida Rejection- Ordinanceand Law (FL ONLY)
HO 00 03 10 00
Homeowner3 Special Form
HO 04 14 10 00
Special ComputerCoverage
HO 04 16 10 00
Premises Alarm/Fire Protection System
HO 04 27 04 02
LimitedFungi, Wet or Dry Rot, or Bacteria Coverage
HO 04 35 10 00
Loss Assessment Coverage
HO 04 55 03 03
Identity Fraud
HO 04 90 10 00
Personal PropertyReplacement Cost
HO 05 80 10 00
PropertyRemediation/LimitedLiability for Escaped Fuels
HO 23 70 07 01
Windstorm Exterior Paint or WaterproofingExclusion
LEX 0014 09 08
Important Flood Notice.
LEX 00 31 11 04
TrampolineExclusion
LEX 00 3208 04
Underground Storage Tank Exclusion
LEX 00 63 04 05
-MechanicalBreakdown
LEX 00 66 07 07
Florida Windstorm or Hail Deductible
LEX 00 82 04 06
Maximum Payable AmountIf Other Insurance
LEX 00 106 02 15
Lex Special ProvisionsFlorida
LEX 00 144 04 14
Farm OperationsExclusion
LEX 00 159 03 09
Swimming Pool Under Coverage B Exclusion
LEX 00 168 09 09
SpecificBuilding Materials Exclusion
LEX 00 169 09 09
Inflation Guard
LEX 00 177 1114
IncidentalBusiness Coverage Endorsement
LEX 00 195 0414
Section I & SectionII Total Business Exclusion
LEX 00 197 06 14
PersonalInjury Coverage
LEX 00 202 0415
Existing Damage Exclusion
LEX 00 207 05 16
Care Services Exclusion
LEX 00 208 05 16
Drone Exclusion
LEX 04 95 11 04
Water Back Up and Sump Overflow
LEX 05 80 11 04
AdvisoryNotice to Policyholders - Explanatory Memo
LEX 15 31 11 04
Special PersonalProperty Coverage
89644 (6/13)
Economic SanctionsEndorsement
PRG 2023 (5-14)
Service of Suit Condition
Claims Notice to
Policyholders
What to Do if You Suffer a Lossto Your Home and Property
ABDULLA-C-000008
LEXINGTON INSURANCE COMPANY
99 High Street
Boston, MA 02110-2103
HO3 Declaration Confirmation
Policy Number: 63763172 - 01
Effective:
09/25/2016
Name of Insured and Risk Address:
Expiration: 09/25/2017
ABDULLA, ALIA
2131 SW 14TH WAY
FORT LAUDERDALE,FL 33315-2331
THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED
BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE
GUARANTYACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN
INSOLVENTUNLICENSED INSURER.
Producing Agent: STEVEN N FALK
Address: 7879 PINES BLVD SUITE 101
PEMBROKE PINES, FL 33024
SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED
BY ANY FLORIDA REGULATORY AGENCY.
THIS POLICY CONTAINSA SEPARATE DEDUCTIBLE FOR HURRICANE
OR WIND LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
THIS POLICY CONTAINS AS CO-PAY PROVISION THAT MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
ABDULLA-C-000009
{N.i-#
YNVvti
LEXINGTON INSURANCE COMPANY
PERSONAL LINES ENIURANCE
Insured
HO3 Homeowner Declaration Page
Policy Number: 63763172 - 01
Renewal of Policy Number: 63763172
Name of Insured and Mailing Address:
Broker Name and Address
ABDULLA ALIA
AppalachianUnderwriters
800 Oak Ridge Turnpike
2131 SW 14THWAY
Oak Ridge, TN 37830
FORT LAUDERDALE, FL 33315-2331
888-376-9633
Policy Term: 09/25/2016
Expiration: 09/25/2017
12:01 AM Standard Time at the Insured's residence premises.
The residence premises covered bythis policy is located atthe above address, unless otherwise stated.
Insurance is provided only with respectto those special limits of liability applicable thereto:
Coveraae Part 1 - Homeowners
Coverage Part 2 - Personal Umbrella
-
Coverage A: Dwelling
$357,000
-
Umbrella Limit
$
0
-
Coverage B: Other Structures
$35,000
-
Self Insured Retention
$
0
-
Coverage C: Contents
$150,000
Coveraae Part 3 - Excess Flood ?
-
Coverage D: Loss of Use
$20,000
-
Building
$
0
-
Loss Assessment:
$1,000
-
Contents
$
0
-
Ordinance or Law.
10%
Coverage Part 4 - Scheduled Property
-
Coverage E: Personal Liability
$300,000
-
Total Scheduled Property
$
0
-
Coverage F: Medical Payments to Others
$1,000
-
Total Blanket Coverage
0
Annual Premium:
$3,561.00
Homeowner Deductibles
Policy Premium:
$3,561.00
All Other Perils:
$1,000
Inspection Fee:
0
Wind Hail:
5%
SL Broker Fee:
$35.00
Earthquake:
Excluded
Surplus Lines Taxes:
$179.80
Stamping Fee:
$5.39
Special: None
$NIA
Special: None
$N/A
Emergency Fund Fee:
$2.00
Total Due:
$3,783.19
Minimum Earned Premium: $0
Sub Broker Information
Narne:
FALCHER INC DBA JIMRAY
Homeowners Rating Information
INSURANCE
Territory: 35
Protection Class: 3
Addrl:
7879 PINES BLVD SUITE 101
County: BROWARD-FL
EQ Zone: NA
Addr 2:
Construction:Maso
Yr Built: 2007
City, State, Zip:
PEMBROKE PINES, FL 33024
Forms and Endorsementsmade part of this policy at time of issuance:
This declaration page with policy provisions and endorsements, if any, issued to form a part, thereof, completes the above
numbered homeowner's policy.
Countersignature Date 09/23/2016
Countersignature:
Authorized Representative:
Le(Elite 11/00
taa
ABDULLA-C-000010
Policy Number: 63763172 - 01
Insured: ABDULLA, ALIA
IN WITNESS WHEREOF, the Insurance Company identified on the Declarationshas caused this policy to be signed
by its President, Secretary and a duly authorized representative of the Insurance Company.
PRESIDENT
SECRETARY
Mortgage 1
Mortgage 2
COMPASS BANK ISAOA ATIMA
PO BOX 200017
KENNESAW, GA 30156-9222
Loan #: 1508253922
Mortgage 3
Page 2 of 2
ABDULLA-C-000011
POLICYNUMBER: 63763172 - 01
Effective Date:
09/25/2016
DateIssued: 09/23/2016
SCHEDULE OF FORMS AND ENDORSEMENTS
Lex Elite 11/00
DeclarationPage & AuthorizationClause
78052 12 13
AIG Property CasualtyU.S. Privacy and Data SecurityNotice
FL ORD ED 04 96
H03 Florida DisclosureNotice (FL only)
FL REJ ED 04 96
H03 Florida Rejection- Ordinanceand Law (FL ONLY)
HO 00 03 10 00
Homeowner3 Special Form
HO 04 14 10 00
Special ComputerCoverage
HO 04 16 10 00
Premises Alarm/Fire Protection System
HO 04 27 04 02
LimitedFungi, Wet or Dry Rot, or Bacteria Coverage
HO 04 35 10 00
Loss Assessment Coverage
HO 04 55 03 03
Identity Fraud
HO 04 90 10 00
Personal PropertyReplacement Cost
HO 05 80 10 00
PropertyRemediation/LimitedLiability for Escaped Fuels
HO 23 70 07 01
Windstorm Exterior Paint or WaterproofingExclusion
LEX 0014 09 08
Important Flood Notice.
LEX 00 31 11 04
TrampolineExclusion
LEX 00 3208 04
Underground Storage Tank Exclusion
LEX 00 63 04 05
-MechanicalBreakdown
LEX 00 66 07 07
Florida Windstorm or Hail Deductible
LEX 00 82 04 06
Maximum Payable AmountIf Other Insurance
LEX 00 106 02 15
Lex Special ProvisionsFlorida
LEX 00 144 04 14
Farm OperationsExclusion
LEX 00 159 03 09
Swimming Pool Under Coverage B Exclusion
LEX 00 168 09 09
SpecificBuilding Materials Exclusion
LEX 00 169 09 09
Inflation Guard
LEX 00 177 1114
IncidentalBusiness Coverage Endorsement
LEX 00 195 0414
Section I & SectionII Total Business Exclusion
LEX 00 197 06 14
PersonalInjury Coverage
LEX 00 202 0415
Existing Damage Exclusion
LEX 00 207 05 16
Care Services Exclusion
LEX 00 208 05 16
Drone Exclusion
LEX 04 95 11 04
Water Back Up and Sump Overflow
LEX 05 80 11 04
AdvisoryNotice to Policyholders - Explanatory Memo
LEX 15 31 11 04
Special PersonalProperty Coverage
89644 (6/13)
Economic SanctionsEndorsement
PRG 2023 (5-14)
Service of Suit Condition
Claims Notice to
Policyholders
What to Do if You Suffer a Lossto Your Home and Property
ABDULLA-C-000012
POLICYHOLDERNOTICE
Thank you for purchasing insurance from a member company of American International
Group, Inc. (AIG). The AIG member companies generallypay compensationto brokers
and independent agents, and may have paid compensationin connection with your policy.
You can review and obtain informationabout the nature and range of compensationpaid
by AIG member companies to brokers and independent agents in the United States by
visiting our website at www.aig.
or by calling
1-800-706-3102.
91222 (4/13)
ABDULLA-C-000013
AIG Property Casualty
U.S. Privacy and Data Security Notice
About This Notice
This Privacy and Data Security Notice applies only to your Personal Information (see definition below)
obtained by one of the property-casualty insurance company subsidiaries or affiliates of American
International Group, Inc. listed at the end of this notice (collectively, the "AIG Companies" or "we") in
connection with the products or services one of those companies provided primarily for your personal,
family, or household purposes in connection with which you are receiving this notice.
The AIG Companies have established practices, procedures and system protections that are designed to
help protect the privacy and security of Personal Information that we collect in the course of conducting
our business. This notice outlines how we collect, handle, and disclose Personal Information about you.
The term "Personal Information," as used in this Privacy and Data Security Notice, means information that
identifies you personally. Examples of Personal Information include, but are not limited to, a first and last
name, a home or other physical address, an email address, a financial account or credit card number, a
driver's license number, and information on your physical condition or health status.
I.
Information Privacy
We may collect Personal Information from applications; enrollment forms; in claims processing, or in your
other interactions with us and with our Affiliates. We may also collect Personal Information from credit
reportingagencies and other third parties in connection with the sale of our products to you.
We will collect Personal Information only in accordance with applicable laws or regulations, whether we
collect it in response to your request for a product or service from us or otherwise.
Information Sharing
We may share your Personal Information with Affiliates and Non-Affiliates as described below.
With our Affiliates:
Our Affiliates may include other insurance companies, insurance holding companies; insurance agents
and
agencies, claims administrators, marketing companies; e-commerce service providers, and
companies providing administrativeservices.
We may share your Personal Information, including Personal Information of a health nature, with our
Affiliates that assist us in servicing your insurance policies. Examples are administration (billing and
collections), risk management, underwriting, and claims handling. We may also share your Personal
Information with our Affiliates for the purpose of detecting and preventingfraud, as directed or authorized
by you, or as otherwise permitted or required by law.
With Non-Affiliates:
We may share your Personal Information, including Personal Information of a health nature, with
Non-Affiliates that assist us in servicing your insurance policies. Examples are administration (billing and
collections), risk management, underwriting, and claims handling. We may also share your Personal
Information with Non-Affiliates for the purpose of detecting and preventingfraud, as directed or authorized
by you, or as otherwise permitted or required by law.
We may also enter into joint marketingagreements with Non-Affiliates to share your non-health Personal
Information as permitted by law. These Non-Affiliates may include providers of financial products or
servjces such as insurance companies, financial institutions,and securities firms.
Because we do not share Personal Information with either Affiliates or Non-Affiliates in any other way,
there is no need for an opt-out process in our privacy procedures.
78052 (12/13)
ABDULLA-C-000014
For Californiaand Vermont Residents: If it becomes necessary to share your Personal Information with
Non-Affiliates other than as specifically allowed by law, we will not do so without first obtaining your
permission.
Il.
Data Security
To help prevent unwarranted disclosure of your Personal Information and secure it from theft, we utilize
secure computer networks. Access is restricted to those persons who have a business need to use your
Personal Information to provide products or services to you. We also maintain physical, electronic, and
procedural safeguardsdesigned to protect your Personal Information in compliance with federal and state
privacy and information security laws. Non-Affiliates that assist us in servicing insurance policies or who
enter into joint marketing agreements with us are required to take measures to maintain the security of
your Personal Information in compliance with federal and state privacy and information security laws.
Ill. Maintaining Personal Information
We also maintain procedures to ensure that the Personal Information we collect is accurate, up-to-date,
and as complete as possible. If you believe the information we have about you in our records or files is
incomplete or inaccurate, you may request that we make additions or corrections, or if it is feasible, that
we delete this information from our files.
You may make this request in writing to (include your name;
address and policy number)
Chief Privacy Officer
AIG PropertyCasualty
108 Maiden Lane, 4oth Floorl New York, NY 10038
Fax: 212 458-7081
E-Mail: CIPrivacv@aig.com
Special Notice: You can obtain access to any non-public Personal Information we have about you if you
properly identifyyourself and submit a written request to the address above describing the information you
want to review. We will also tell you the identity, if recorded, of persons to whom we have disclosed your
non-publicPersonal Information within the preceding two years.
You may request that we correct, amend or delete information about you.
If we do so, we will notify
organizations that provided us with that information and, at your request, persons who received that
information from us within the preceding two years. If we cannot grant your request to correct, amend or
delete the information,you may give us a written statement of the reasons you disagree, which we will place
in your file and give to the same parties who would have been notified of the requested change.
Our Customers Can Depend on Us
We are committed to maintaining our trusted relationshipwith our Customers. We consider it our privilege
to serve our Customers' insurance and financial needs and we value the trust they have placed in us. Our
Customers' privacy is a top priority. We will continue to monitor our practices in order to protect that
privacy and will comply with state privacy laws that require more restrictive practices than those set out in
this notice.
Important Information Concerning the Applicabilitvand Future Changes to this Privacv and Data
Securitv Notice
We may change this Privacy and Data Security Notice from time to time, and if particular changes are
required by law to be communicated to you, we will do so.
The AIG Companies include: American Home Assurance Company; AIG Assurance Company; AIG
Property Casualty Company; AIG Specialty Insurance Company; Commerce and Industry nsurance
Company; Granite State Insurance Company; Illinois National Insurance Co., Lexington nsurance
Company; National Union Fire Insurance Company of Pittsburgh, Pa.; National Union Fire nsurance
Company of Vermont, New Hampshire Insurance Company; The Insurance Company of the State of
Pennsylvania; American International Life Assurance Company of New York; and American General Life
Insurance Companyof Delaware.
78052 (12/13)
ABDULLA-C-000015
LEXINGTON INSURANCE COMPANY
FLORIDA DISCLOSURE NOTICE - HOMEOWNERS INSURANCE
REPLACEMENT COST COVERAGE AND ORDINANCE OR LAW COVERAGE
(NOT APPLICABLE TO FORMS HO 00 04 AND HO 00 06)
NO COVERAGE IS PROVIDED BY THIS DISCLOSURE NOTICE NOR DOES
THIS NOTICE REPLACE ANY PROVISION OF YOUR POLICY. YOU SHOULD
READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE FOR
COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. IF
THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS NOTICE THE
PROVISIONS OF THE POLICY SHALL PREVAIL.
FLORIDA Insurance law requires that insureds who buys a Homeowners
Insurance policy, which is not written on a Form HO 00 04 or HO 00 06, must be
offered the opportunityto buy ReplacementCost coverage for their home and
other building structures.
FLORIDA Insurance law further requires that if the Homeowners Insurance
policy automaticallyprovides, or if the insured accepts the offer to buy,
ReplacementCost coverage, Ordinance or Law coverage must also be offered
for the dwelling and other building and non - building structures for a minimum
additional amount of 25% of the limit applying to the dwelling or condominium -
unit.
ABOUT REPLACEMENT COST COVERAGE
f Replacement Cost coverage is included or added to the Homeowners policy,
oss settlement will be based on the cost to repair or replace the housel
condominium - unit or other building structure damaged or destroyed by a
covered peril with like construction, subject, of coursel to policy limits. No
deduction for depreciation will be applied.
To qualify for this favorable method of oss settlement, certain conditions must
be met. These are explained in the po icy under the Loss Settlement condition;
or if you have Form HO 00 08, the optional ReplacementCost coverage
endorsement.
Note that loss settlementfor non - building structures will be based on the
actual cash value of the damaged or destroyed structure, not the Replacement
Cost.
ABOUT ORDINANCE OR LAW ( BUILDING CODE UPGRADE COVERAGE)
f Ordinance or Law coverage is included or added to the Homeowners policy,
oss payment will also include the increased costs you incur to repair the
damaged structure, or to constructa replacement structure, in order to comply
with the enforcement of any IocaL state or federal law, ordinance or regulation
FL - ORD - ed. 04/96
Page 1
ABDULLA-C-000016
LEXINGTON INSURANCE COMPANY
affecting repair or construction of such structures. Loss payment will be subject
to either the ReplacementCost or Actual Cash Value loss settlement, whichever
apply.
Ordinance or Law coverage does not provide payment for any loss in value to
covered property because of building or land use codes; NOR does it cover the
costs incurred to clean up or respond to a pollutant on covered property
UNLESS the pollutant is a direct result of damage to covered property by a
specified covered peril.
Refer to the Ordinance or Law provisions in the policy for complete details.
The following briefly outlines which of these coverages, and to what extent they
are:
1.
automatically included in the Homeowners policy you requested or are
renewing; or
2.
available for an additional premium charge.
Replacement Cost - Your Homeowners policy automatically provides coverage
for the cost to repair or replace a dwelling or other building structure if, at the
time of Iossl you meet the requirements stipulated in the Loss Settlement
Condition found in the policy.
If you do not meet these requirements, you may NOT be eligible for full repair or
replacement cost protection. If, after reading your policy, you determine that you
might need higher limits or additional coverage, contact your insurance
representativeto discuss availability and your eligibility.
Ordinance or Law - Your Homeowners policy automaticallyprovides coverage
for building code upgrade for an amount equal to 10% of the coverage A limit.
You may, however, buy up to a maximum of 25% of the coverage A limit. If you
want a greater amount of coverage, contact your insurance representative.
If you do NOT want this additional coverage, please read, sign and date the
enclosed REJECTION FORM and return it to your insurance representative. If
you don't return the completed Form to us within 10 days, we will endorse the
coverage on to your policy and charge you the additional premium.
If you decide to reject this coverage now, you can request it at anytime this
policy, or a renewal policy, is in force. If you dol coverage will not become
effective during a storm or hurricane or during the time a storm or hurricane
watch or warning is issued by the National Weather Service and for 72 hours
after that watch or warning is canceled.
FL - ORD - ed. 04/96
Page 2
ABDULLA-C-000017
LEXINGTON INSURANCE COMPANY
ORDINANCE OR LAW - REJECTION OF INCREASED AMOUNT OF
COVERAGE
I have read the Disclosure Notice about the above noted coverage and have
decided that I DO NOT WANT THE COVERAGE THAT YOU OFFERED ME.
I understand that by rejecting this offer, it need not be repeated for three years
from the date of my rejection.
I also understand that I can request this coverage at any time this policy, or a
renewal policy, is in force and, if I do, coverage will not become effective:
1. When a storm or hurricane watch or warning is issued for the state of Florida
by the National Weather Service;
2.
During a storm or hurricane; and
3. For 72 hours after the storm or hurricane watch or warning is cancelled by the
National Weather Service.
Named Insured(s) Sign Below:
Date Signed:
FL -REJ - ed. 04/96
ABDULLA-C-000018
HOMEOWNERS
HO 00 03 10 00
HOMEOWNERS 3 - SPECIAL FORM
AGREEMENT
2. "Bodily injury" means bodily harm, sickness or
disease, including required care, loss of ser-
We will provide the insurance described in this policy
vices and death that results.
in return for the premium and compliance wjth all
applicable provisions of this policy.
3. "Business" means:
a. A trade, profession or occupation engaged
DEFINITIONS
in on a full-time, part-time or occasional ba-
sis; or
A. In this policy, "you" and "your" refer to the "named
b. Any other activity engaged in for money or
insured" shown in the Declarations and the spouse
other
if a resident of the same household.
compensation, except the following:
"We", "us"
and "our" refer to the Company providing this in-
(1) One or more activities, not described in
surance.
(2) through (4) below, for which no "in-
sured" receives more than $2,000 in to-
B. In addition, certain words and phrases are defined
as fol lows:
tai compensationfor the 12 months be-
fore the beginning of the policy period;
1. "Aircraft Liability", "Hovercraft Liability", "Motor
(2) Volunteer activities for which no money
Vehicle Liability" and "WatercraftLiability", sub-
is received other than payment for ex-
ject to the provisions in b. below, mean the fol-
Iowing:
penses incurred to perform the activity;
(3) Providing home day care services for
a.
Liabilityfor "bodily injury" or "property dam-
which no compensation is received,
age" arising out of the:
other than the mutual exchange of such
(1) Ownership of such vehicle or craft by an
services; or
"insured";
(4) The rendering of home day care ser-
(2) Maintenance, occupancy,
operation,
vices to a relative of an "insured".
use, loading or unloading of such vehi-
4. "Employee" means an employee of an "in-
cle or craft by any person;
sured", or an employee leased to an "insured"
(3) Entrustment of such vehicle or craft by
by a labor leasing firm under an agreement be-
an "insured" to any person;
tween an "insured" and the labor leasing firm,
(4) Failure to supervise or negligent super-
whose duties are other than those performed
vision of any person involving such ve-
by a "residenceemployee".
hicle or craft by an "insured"; or
5. "Insured" means:
(5) Vicarious liability, whether or not im-
a. You and residents of your household who
posed by law, for the actions of a child
are:
or minor involving such vehicle or craft.
(1) Your relatives; or
b. For the purpose of this definition:
(2) Other persons under the age of 21 and
(1) Aircraft means any contrivance used or
in the care of any person named above;
designed for flight except model or
b. A student enrolled in school full time, as
hobby aircraft not used or designed to
defined by the school, who was a resident
carry people or cargo;
of your household before moving out to at-
(2) Hovercraft means a self-propelled mo-
tend school, provided the student is under
torized ground effect vehicle and in-
the age of:
cludes, but is not limited to, flarecraft
(1) 24 and your relative; or
and air cushion vehicles;
(3) Watercraft means a craft principally
(2) 21 and in your care or the care of a
person described in a.(1) above; or
designed to be propelled on or in water
by wind, engine power or electric motor;
and
(4) Motor vehicle means a "motor vehicle""
as defined in 7. below.
HO 00 03 10 00
Copyright, Insurance Services Office, Inc., 1999
Page 1 of 22
ABDULLA-C-000019
c.
Under Section Il:
h. Any part of a premises occasionally rented
(1) With respect to animals or watercraft to
to an "insured" for other than "business"
use.
which this policy applies, any person or
organization
legally
responsible for
7. "Motor vehicle" means:
these animals or watercraft which are
a. A self-propelledland or amphibious vehicle,
owned by you or any person included in
OR
a. or b. above. "Insured" does not mean
a person or organization using or having
b. Any trailer or semitrailer which is being
carried on, towed by or hitched for towing
custody of these animals or watercraft in
by a vehicle described in a. above.
the course of any "business" or without
consent of the owner; or
8. "Occurrence" means
an
accident, including
(2) With respect to a "motor vehicle" to
continuous or repeated exposure to substan-
which this policy applies:
tially the same general harmful conditions,
which results, during the policy period, in:
(a) Persons while engaged in your em-
a.
"Bodily injury"; or
ploy orthat of any person included in
a. or b. above; or
b. "Property damage".
(b) Other persons using the vehicle on
9. "Property damage" means physical injury to,
an "insured location" with your con-
destruction of, or loss of use of tangible prop-
sent.
erty.
Under both Sections 1 and 11, when the word an
10. "Residence employee" means:
immediately precedes the word "insured", the
a. An employee of an "insured", or an em-
words an "insured" together mean one or more
ployee leased to an "insured" by a labor
"insureds".
leasing firm, under an agreement between
6. "Insured location" means:
an
"insured" and the labor leasing firm,
whose duties are related to the mainte-
a. The "residence premises";
nance or use of the "residence premises",
b. The part of other premises, other structures
including household or domestic services;
and grounds used by you as a residence;
or
and
b. One who performs similar duties elsewhere
(1) Which is shown in the Declarations; or
not related to the "business" of an "in-
(2) Which is acquired by you during the
sured".
policy period for your use as a resi-
A "residence employee" does not include a
dence;
temporary employee who is furnished to an
c. Any premises used by you in connection
"insured" to substitute for a permanent "resi-
with a premises described in a. and b.
dence employee" on leave or to meet seasonal
above;
or short-termworkload conditions.
d. Any part of a premises:
11. "Residence premises"means:
(1) Not owned by an "insured"; and
a. The one family dwelling where you reside;
(2) Where an "insured" is temporarily resid-
b. The two, three or four family dwelling where
ing;
you reside in at least one of the family units;
e. Vacant land, other than farm land, owned
or
by or rented to an "insured";
c. That part of any other building where you
f. Land owned
reside;
by or rented to an "insured" on
which a one, two, three or four family dwell-
and which is shown as the "residence prem-
ing is being built as a residence for an "in-
ises" in the Declarations.
sured";
"Residence premises" also includes other
g. Individual or family cemetery plots or burial
structures and grounds at that location.
vaults of an "insured"; or
Page 2 of 22
Copyright, Insurance Services Office, Inc., 1999
HO 00 03 10 00
ABDULLA-C-000020
DEDUCTIBLE
C. Coverage C - Personal Propeny
Unless otherwise noted in this policy, the following
1. Covered Propeny
deductible provision applies:
We cover personal property owned or used by
Subject to the policy limits that apply, we will pay only
an "insured" while it is anywhere in the world.
that part of the total of all loss payable under Section 1
After a loss and at your request, we will cover
that exceeds the deductible amount shown in the
personal property owned by:
Declarations.
a. Others while the property is on the part of
the "residence premises" occupied by an
SECTION I - PROPERTY COVERAGES
"insured"; or
A.
b.
Coverage A
A guest or a "residence employee", while
-
Dwelling
the property is in any residence occupied by
1. We cover:
an "insured".
a. The dwelling on the "residence premises"
2. Limit For Propeny At Other Residences
shown in the Declarations, including struc-
Our limit of
tures attached to the
liability for personal proper-tyusually
dwelling;and
located at an "insured's" residence, other than
b. Materials and supplies located on or next to
the "residence premises", is 10% of the limit of
the "residence premises" used to construct,
liability for Coverage C, or $1,000, whichever is
alter or repair the dwelling or other struc-
greater. However, this limitation does not apply
tures on the "residence premises"
to personal proper-ty:
2. We do not cover land, including land on which
a.
Moved from the "residence premises" be-
the dwelling is located.
cause it is being repaired, renovated or re-
B. Coverage B - Other Structures
built and is not fit to live in or store property
in; or
1. We cover other structures on the "residence
premises" set apart from the dwelling by clear
b. In a newly acquired principal residence for
space. This includes structures connected to
30 days from the time you begin to move
the dwelling by only a fence, utility line, or simi-
the propertythere.
Iar connection.
3. Special Limits Of Liability
2. We do not cover:
The special limit for each category shown be-
a. Land, including land on which the other
low is the total limit for each loss for all prop-
structures are located;
erty in that category. These special limits do
b. Other
not increase the
structures rented
Coverage C limit of liability.
or held for rental to
any person not a tenant of the dwelling,
a.
$200 on money, bank notes, bullion, gold
unless used solely as a private garage;
other than goldware, silver other than sil-
verware, platinum other than platinumware,
c. Other structures from which any "business"
coins, medalsl scrip, stored value cards
is conducted; or
and smart cards.
d. Other structures used to store "business"
b. $1,500 on securities, accounts, deeds,
property. However, we do cover a structure
evidences of
that contains
"business"
debt, letters of credit, notes
property solely
other than bank notes, manuscripts, per-
owned by an "insured" or a tenant of the
sonal
records,
passports,
tickets
and
dwelling provided that "business" property
does not include gaseous or liquid fuel,
stamps. This dollar limit applies to these
other than fuel in a permanently installed
categories regardless of the medium (such
as
fuel tank of
paper or computer software) on which
a vehicle or craft parked or
the material exists.
stored in the structure.
This limit includes the cost to research, re-
3. The limit of liability for this coverage will not be
place or restore the information from the
more than
Preview
Filing # 134160244 E-Filed 09/08/2021 10:27:14 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ALIA ABDULLA, Plaintiff, V CASE No.: CACE-21-011980 LEXINGTON INSURANCE COMPANY, Defendant. i LEXINGTONINSURANCE COMPANY'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT COMES NOW the Defendant, LEXINGTON INSURANCE COMPANY ("Lexington" or "Defendant"),by and through its undersigned counsel, and herebyresponds to the correspondingly numbered paragraphs of Plaintiff's Complaint, as follows: 1. The Defendant admits the allegations contained in Paragraph 1 of the Plaintiff's Complaint forjurisdictionalpurposes only. The Defendant denies the remainderofthe allegations in Paragraph 1. 2. The Defendant admits the allegations contained in Paragraph 2 of the Plaintiff's Complaint for jurisdictionalpurposes only. 3 The Defendant admits the allegations contained in Paragraph 3 of the Plaintiff's Complaint. 4. The Defendant admits the allegations contained in Paragraph 4 of the Plaintiff's Complaint. 5. The Defendant admits that it has in its possession a copy of insurance policy number 63763172-01 issued by the Defendantto Alia Abdulla,which insured the propertylocated 7692059.1 *** FILED: BROWARDCOUNTY, FL BRENDA D. FORMAN, CLERK 09/13/2021 11:46:06 AM.**** at 2131 SW 14 Way, Fort Lauderdale,Florida 33315, for policy period of September 25, 2016 to September 25, 2017 ("Policy"). The Policyis attached as Exhibit "A" hereto. 6. The Defendant denies the allegations in Paragraph 6 as the Policy speaks for itself. 7. The Defendant denies the allegations contained in Paragraph 7 of the Plaintiff's Complaint. 8 The Defendant admits the allegations contained in Paragraph 8 of the Plaintiff's Complaint. 9- The Defendant denies the allegations contained in Paragraph 9 of the Plaintiff's Complaint. 10. The Defendant denies the allegations contained in Paragraph 10 of the Plaintiff's Complaint. 11. The Defendant denies the allegations contained in Paragraph 11 of the Plaintiff's Complaint. 12. The Defendant denies the allegations contained in Paragraph 12 of the Plaintiff's Complaint. The Defendant admits that the Plaintiffis entitled to a jury trial on all issues so triable, but otherwise denies that the Plaintiff is entitled to the relief sought in the Complaint's "Wherefore" clause. The Defendant hereby denies any other allegations or requests for relief not specifically addressed herein. LEXINGTONINSURANCE COMPANY'S AFFIRMATIVE DEFENSES The Defendant, LEXINGTON INSURANCE COMPANY (hereinafter "Defendant") hereby asserts the following Affirmative Defenses to the Plaintiff's Complaint. By raising any 2 7692059.1 affirmative defense, the Defendant does not intend to shift the burden of proof on any issue to which the Plaintiffbearsthe burden. FIRST AFFIRMATIVE DEFENSE The Plaintiff's claims are subject to all of the terms, conditions, limitations, exclusions, and deductibles contained in the Policy issued to Plaintiff. The amount recoverable for the Plaintiff's claims is limited by the applicable coverage limits set forth in the Policy. SECOND AFFIRMATIVE DEFENSE The Plaintiff's claims are barred, in whole or in part, to the extent any damage was not caused by or resulting from a covered cause of loss. THIRD AFFIRMATIVEDEFENSE Defendant asserts that it has complied with the terms and conditions of the applicable insurance policy. FOURTH AFFIRMATIVE DEFENSE The Plaintiff's claims are barred, in whole or in part, to the extent the claimed damages are caused by expansion or contractionofmaterials, wear and tear, marring, or deterioration: SECTION I - PERILS INSURED AGAINST A. Coverage A-DwellingAnd Coverage B-Other Structures 1. We insure against risk of direct physical loss to property described in Coverages A. and B. 2. We do not insure however for loss: a. Excluded under Section I -Exclusions; b. Involving collapse except as provided in E.8. Collapse under Section I - Property Coverages; or c. Caused by: (6) Any of the following: (a) Wear and tear, marring, deterioration; (f) Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings,foundations, walls, floors, roofs or ceilings; FIFTH AFFIRMATIVE DEFENSE 3 7692059.1 The Plaintiff's claims are barred, in whole or in part, to the extent the claimed damages are caused by installation deficiencies,maintenanceissues, or mechanicalmanipulation: SECTION I - EXCLUSIONS B. We do not insure for loss to property described in Coverages A and B caused by any ofthe following. However, any ensuingloss to property described in Coverages A and B not precludedby any other provision in this policy is covered. 3. Faulty, inadequate or defective: a. Planning, zoning, development, surveying,siting; b. Design specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; or c. Materialsused in repair, construction, renovation, or remodeling; or d. Maintenance; of part or all of any property whether on or off the "residence ', premises . SIXTH AFFIRMATIVE DEFENSE The Plaintiff's claimed loss allegedly occurred on or about September 10, 2017. The loss was not reported to the Defendant until July 30,2020. The Plaintiff made repairs to the property prior to reportingthe loss. The Plaintiffdid not provide promptnotice ofthe loss, and did not show the damaged property, or provide requested records and documents, the Defendant has been prejudiced in its ability to investigate the loss as a result. The Plaintiff's claims are therefore barred- SECTION I - CONDITIONS B. Duties After Loss In case of a loss to covered property, we have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. Give prompt notice to us or our agent; 7. As often as we reasonably require: a. Show the damaged property; b. Provide us with records and documents we request and permit us to make copies; 4 7692059.1 SEVENTH AFFIRMATIVE DEFENSE Defendant asserts that Plaintiff's claim is barred in whole or in part by the doctrine of waiver. EIGHTH AFFIRMATIVE DEFENSE To the extent the Plaintiffestablishes additional covered damage under the Policy, which the Defendant disputes, any payment for such damage is subject to the Policy's deductibles, loss payment provisions, and loss settlementprovisions. NINTH AFFIRMATIVE DEFENSE The Defendant pleads all other terms, conditions, limitations, definitions, and exclusions containedwithin the Policy as if set forth herein in their entirety. The Plaintiff's damages, if any, are barred and/or limited by the policy limits set forth in the Policy, in addition to all other limitations, provisions, and any other terms, exclusions, and conditions of the applicable Policy that specificallylimit, bar, or otherwise restrict the Plaintiff's recovery under the Policy. Further, the Defendant's liability,ifany, is dependentupon the Policythat, as a written contract,is the best evidence of its terms, conditions, limitations, and exclusions. TENTH AFFIRMATIVE DEFENSE Defendant asserts that Plaintiff's claim is barred in whole or in part by the doctrine of promissoryestoppel. ELEVENTH AFFIRMATIVE DEFENSE Defendant asserts that Plaintiff's claim is barred in whole or in part by the doctrine of laches. RESERVATION OF RIGHTS 5 7692059.1 The Defendant reserves the right to amend its affirmative defenses or assert additional defenses to the Complaint in the future that may later be developed through discovery in the litigation of this matter. DEMAND FOR JURY TRIAL The Defendant, by and through its undersigned counsel, hereby demands trial byjury on all issues so triable as a matter ofright and law. WHEREFORE, the Defendant requests that this Court enter judgment in its favor and award the Defendant its taxable costs, and grant any such other relief as the Court deemsjust and equitable. Dated: September 13, 2021. CLAUSEN MILLER P.C. /s/ Douglas M. Cohen, Esq. Douglas M. Cohen, Esq. Florida Bar No: 40857 Michael H. Scott, Esq. Florida Bar No: 119963 4830 West Kennedy Blvd. #600 Tampa, FL 33609 Phone: 813-519-1013 dcohen@clausen.com mscott@clausen.com lbaez@clausen.com karmour@clausen.com CounselMDefendant 6 7692059.1 EXHIBIT "A,, LEXINGTON INSURANCE COMPANY 99 High Street Boston, MA 02110-2103 HO3 Declaration Confirmation Policy Number: 63763172 - 01 Effective: 09/25/2016 Name of Insured and Risk Address: Expiration: 09/25/2017 ABDULLA, ALIA 2131 SW 14TH WAY FORT LAUDERDALE,FL 33315-2331 THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTYACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENTUNLICENSED INSURER. Producing Agent: STEVEN N FALK Address: 7879 PINES BLVD SUITE 101 PEMBROKE PINES, FL 33024 SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. THIS POLICY CONTAINSA SEPARATE DEDUCTIBLE FOR HURRICANE OR WIND LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. THIS POLICY CONTAINS AS CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. ABDULLA-C-000001 {N.i-# W+Nvvti LEXINGTON INSURANCE COMPANY PERSONAL NEa il@URANCE Sub-Broker HO3 Homeowner Declaration Page Policy Number: 63763172 - 01 Renewal of Policy Number: 63763172 Name of Insured and Mailing Address: Broker Name and Address ABDULLA ALIA AppalachianUnderwriters 800 Oak Ridge Turnpike 2131 SW 14THWAY Oak Ridge, TN 37830 FORT LAUDERDALE, FL 33315-2331 888-376-9633 Policy Term: 09/25/2016 Expiration: 09/25/2017 12:01 AM Standard Time at the Insured's residence premises. The residence premises covered bythis policy is located atthe above address, unless otherwise stated. Insurance is provided only with respectto those special limits of liability applicable thereto: Coveraae Part 1 - Homeowners Coverage Part 2 - Personal Umbrella - Coverage A: Dwelling $357,000 - Umbrella Limit $ 0 - Coverage B: Other Structures $35,000 - Self Insured Retention $ 0 - Coverage C: Contents $150,000 Coveraae Part 3 - Excess Flood ? - Coverage D: Loss of Use $20,000 - Building $ 0 - Loss Assessment: $1,000 - Contents $ 0 - Ordinance or Law. 10% Coverage Part 4 - Scheduled Property - Coverage E: Personal Liability $300,000 - Total Scheduled Property $ 0 - Coverage F: Medical Payments to Others $1,000 - Total Blanket Coverage 0 Annual Premium: $3,561.00 Homeowner Deductibles Policy Premium: $3,561.00 All Other Perils: $1,000 Inspection Fee: 0 Wind Hail: 5% SL Broker Fee: $35.00 Earthquake: Excluded Surplus Lines Taxes: $179.80 Stamping Fee: $5.39 Special: None $NIA Special: None $N/A Emergency Fund Fee: $2.00 Total Due: $3,783.19 Minimum Earned Premium: $0 Sub Broker Information Narne: FALCHER INC DBA JIMRAY Homeowners Rating Information INSURANCE Territory: 35 Protection Class: 3 Addrl: 7879 PINES BLVD SUITE 101 County: BROWARD-FL EQ Zone: NA Addr 2: Construction:Maso Yr Built: 2007 City, State, Zip: PEMBROKE PINES, FL 33024 Forms and Endorsementsmade part of this policy at time of issuance: This declaration page with policy provisions and endorsements, if any, issued to form a part, thereof, completes the above numbered homeowner's policy. Countersignature Date 09/23/2016 Countersignature: Authorized Representative: Le(Elite 11/00 taa ABDULLA-C-000002 Policy Number: 63763172 - 01 Insured: ABDULLA, ALIA IN WITNESS WHEREOF, the Insurance Company identified on the Declarationshas caused this policy to be signed by its President, Secretary and a duly authorized representative of the Insurance Company. PRESIDENT SECRETARY Mortgage 1 Mortgage 2 COMPASS BANK ISAOA ATIMA PO BOX 200017 KENNESAW, GA 30156-9222 Loan #: 1508253922 Mortgage 3 Page 2 of 2 ABDULLA-C-000003 POLICYNUMBER: 63763172 - 01 Effective Date: 09/25/2016 DateIssued: 09/23/2016 SCHEDULE OF FORMS AND ENDORSEMENTS Lex Elite 11/00 DeclarationPage & AuthorizationClause 78052 12 13 AIG Property CasualtyU.S. Privacy and Data SecurityNotice FL ORD ED 04 96 H03 Florida DisclosureNotice (FL only) FL REJ ED 04 96 H03 Florida Rejection- Ordinanceand Law (FL ONLY) HO 00 03 10 00 Homeowner3 Special Form HO 04 14 10 00 Special ComputerCoverage HO 04 16 10 00 Premises Alarm/Fire Protection System HO 04 27 04 02 LimitedFungi, Wet or Dry Rot, or Bacteria Coverage HO 04 35 10 00 Loss Assessment Coverage HO 04 55 03 03 Identity Fraud HO 04 90 10 00 Personal PropertyReplacement Cost HO 05 80 10 00 PropertyRemediation/LimitedLiability for Escaped Fuels HO 23 70 07 01 Windstorm Exterior Paint or WaterproofingExclusion LEX 0014 09 08 Important Flood Notice. LEX 00 31 11 04 TrampolineExclusion LEX 00 3208 04 Underground Storage Tank Exclusion LEX 00 63 04 05 -MechanicalBreakdown LEX 00 66 07 07 Florida Windstorm or Hail Deductible LEX 00 82 04 06 Maximum Payable AmountIf Other Insurance LEX 00 106 02 15 Lex Special ProvisionsFlorida LEX 00 144 04 14 Farm OperationsExclusion LEX 00 159 03 09 Swimming Pool Under Coverage B Exclusion LEX 00 168 09 09 SpecificBuilding Materials Exclusion LEX 00 169 09 09 Inflation Guard LEX 00 177 1114 IncidentalBusiness Coverage Endorsement LEX 00 195 0414 Section I & SectionII Total Business Exclusion LEX 00 197 06 14 PersonalInjury Coverage LEX 00 202 0415 Existing Damage Exclusion LEX 00 207 05 16 Care Services Exclusion LEX 00 208 05 16 Drone Exclusion LEX 04 95 11 04 Water Back Up and Sump Overflow LEX 05 80 11 04 AdvisoryNotice to Policyholders - Explanatory Memo LEX 15 31 11 04 Special PersonalProperty Coverage 89644 (6/13) Economic SanctionsEndorsement PRG 2023 (5-14) Service of Suit Condition Claims Notice to Policyholders What to Do if You Suffer a Lossto Your Home and Property ABDULLA-C-000004 LEXINGTON INSURANCE COMPANY 99 High Street Boston, MA 02110-2103 HO3 Declaration Confirmation Policy Number: 63763172 - 01 Effective: 09/25/2016 Name of Insured and Risk Address: Expiration: 09/25/2017 ABDULLA, ALIA 2131 SW 14TH WAY FORT LAUDERDALE,FL 33315-2331 THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTYACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENTUNLICENSED INSURER. Producing Agent: STEVEN N FALK Address: 7879 PINES BLVD SUITE 101 PEMBROKE PINES, FL 33024 SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. THIS POLICY CONTAINSA SEPARATE DEDUCTIBLE FOR HURRICANE OR WIND LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. THIS POLICY CONTAINS AS CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. ABDULLA-C-000005 {N.i-# YNVvti LEXINGTON INSURANCE COMPANY PERSONAL LINEa il@URANCE Mortgagee HO3 Homeowner Declaration Page Policy Number: 63763172 - 01 Renewal of Policy Number: 63763172 Name of Insured and Mailing Address: Broker Name and Address ABDULLA ALIA AppalachianUnderwriters 800 Oak Ridge Turnpike 2131 SW 14THWAY Oak Ridge, TN 37830 FORT LAUDERDALE, FL 33315-2331 888-376-9633 Policy Term: 09/25/2016 Expiration: 09/25/2017 12:01 AM Standard Time at the Insured's residence premises. The residence premises covered bythis policy is located atthe above address, unless otherwise stated. Insurance is provided only with respectto those special limits of liability applicable thereto: Coveraae Part 1 - Homeowners Coverage Part 2 - Personal Umbrella - Coverage A: Dwelling $357,000 - Umbrella Limit $ 0 - Coverage B: Other Structures $35,000 - Self Insured Retention $ 0 - Coverage C: Contents $150,000 Coveraae Part 3 - Excess Flood ? - Coverage D: Loss of Use $20,000 - Building $ 0 - Loss Assessment: $1,000 - Contents $ 0 - Ordinance or Law. 10% Coverage Part 4 - Scheduled Property - Coverage E: Personal Liability $300,000 - Total Scheduled Property $ 0 - Coverage F: Medical Payments to Others $1,000 - Total Blanket Coverage 0 Annual Premium: $3,561.00 Homeowner Deductibles Policy Premium: $3,561.00 All Other Perils: $1,000 Inspection Fee: 0 Wind Hail: 5% SL Broker Fee: $35.00 Earthquake: Excluded Surplus Lines Taxes: $179.80 Stamping Fee: $5.39 Special: None $NIA Special: None $N/A Emergency Fund Fee: $2.00 Total Due: $3,783.19 Minimum Earned Premium: $0 Sub Broker Information Narne: FALCHER INC DBA JIMRAY Homeowners Rating Information INSURANCE Territory: 35 Protection Class: 3 Addrl: 7879 PINES BLVD SUITE 101 County: BROWARD-FL EQ Zone: NA Addr 2: Construction:Maso Yr Built: 2007 City, State, Zip: PEMBROKE PINES, FL 33024 Forms and Endorsementsmade part of this policy at time of issuance: This declaration page with policy provisions and endorsements, if any, issued to form a part, thereof, completes the above numbered homeowner's policy. Countersignature Date 09/23/2016 Countersignature: Authorized Representative: Le(Elite 11/00 taa ABDULLA-C-000006 Policy Number: 63763172 - 01 Insured: ABDULLA, ALIA IN WITNESS WHEREOF, the Insurance Company identified on the Declarationshas caused this policy to be signed by its President, Secretary and a duly authorized representative of the Insurance Company. PRESIDENT SECRETARY Mortgage 1 Mortgage 2 COMPASS BANK ISAOA ATIMA PO BOX 200017 KENNESAW, GA 30156-9222 Loan #: 1508253922 Mortgage 3 Page 2 of 2 ABDULLA-C-000007 POLICYNUMBER: 63763172 - 01 Effective Date: 09/25/2016 DateIssued: 09/23/2016 SCHEDULE OF FORMS AND ENDORSEMENTS Lex Elite 11/00 DeclarationPage & AuthorizationClause 78052 12 13 AIG Property CasualtyU.S. Privacy and Data SecurityNotice FL ORD ED 04 96 H03 Florida DisclosureNotice (FL only) FL REJ ED 04 96 H03 Florida Rejection- Ordinanceand Law (FL ONLY) HO 00 03 10 00 Homeowner3 Special Form HO 04 14 10 00 Special ComputerCoverage HO 04 16 10 00 Premises Alarm/Fire Protection System HO 04 27 04 02 LimitedFungi, Wet or Dry Rot, or Bacteria Coverage HO 04 35 10 00 Loss Assessment Coverage HO 04 55 03 03 Identity Fraud HO 04 90 10 00 Personal PropertyReplacement Cost HO 05 80 10 00 PropertyRemediation/LimitedLiability for Escaped Fuels HO 23 70 07 01 Windstorm Exterior Paint or WaterproofingExclusion LEX 0014 09 08 Important Flood Notice. LEX 00 31 11 04 TrampolineExclusion LEX 00 3208 04 Underground Storage Tank Exclusion LEX 00 63 04 05 -MechanicalBreakdown LEX 00 66 07 07 Florida Windstorm or Hail Deductible LEX 00 82 04 06 Maximum Payable AmountIf Other Insurance LEX 00 106 02 15 Lex Special ProvisionsFlorida LEX 00 144 04 14 Farm OperationsExclusion LEX 00 159 03 09 Swimming Pool Under Coverage B Exclusion LEX 00 168 09 09 SpecificBuilding Materials Exclusion LEX 00 169 09 09 Inflation Guard LEX 00 177 1114 IncidentalBusiness Coverage Endorsement LEX 00 195 0414 Section I & SectionII Total Business Exclusion LEX 00 197 06 14 PersonalInjury Coverage LEX 00 202 0415 Existing Damage Exclusion LEX 00 207 05 16 Care Services Exclusion LEX 00 208 05 16 Drone Exclusion LEX 04 95 11 04 Water Back Up and Sump Overflow LEX 05 80 11 04 AdvisoryNotice to Policyholders - Explanatory Memo LEX 15 31 11 04 Special PersonalProperty Coverage 89644 (6/13) Economic SanctionsEndorsement PRG 2023 (5-14) Service of Suit Condition Claims Notice to Policyholders What to Do if You Suffer a Lossto Your Home and Property ABDULLA-C-000008 LEXINGTON INSURANCE COMPANY 99 High Street Boston, MA 02110-2103 HO3 Declaration Confirmation Policy Number: 63763172 - 01 Effective: 09/25/2016 Name of Insured and Risk Address: Expiration: 09/25/2017 ABDULLA, ALIA 2131 SW 14TH WAY FORT LAUDERDALE,FL 33315-2331 THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTYACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENTUNLICENSED INSURER. Producing Agent: STEVEN N FALK Address: 7879 PINES BLVD SUITE 101 PEMBROKE PINES, FL 33024 SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. THIS POLICY CONTAINSA SEPARATE DEDUCTIBLE FOR HURRICANE OR WIND LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. THIS POLICY CONTAINS AS CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. ABDULLA-C-000009 {N.i-# YNVvti LEXINGTON INSURANCE COMPANY PERSONAL LINES ENIURANCE Insured HO3 Homeowner Declaration Page Policy Number: 63763172 - 01 Renewal of Policy Number: 63763172 Name of Insured and Mailing Address: Broker Name and Address ABDULLA ALIA AppalachianUnderwriters 800 Oak Ridge Turnpike 2131 SW 14THWAY Oak Ridge, TN 37830 FORT LAUDERDALE, FL 33315-2331 888-376-9633 Policy Term: 09/25/2016 Expiration: 09/25/2017 12:01 AM Standard Time at the Insured's residence premises. The residence premises covered bythis policy is located atthe above address, unless otherwise stated. Insurance is provided only with respectto those special limits of liability applicable thereto: Coveraae Part 1 - Homeowners Coverage Part 2 - Personal Umbrella - Coverage A: Dwelling $357,000 - Umbrella Limit $ 0 - Coverage B: Other Structures $35,000 - Self Insured Retention $ 0 - Coverage C: Contents $150,000 Coveraae Part 3 - Excess Flood ? - Coverage D: Loss of Use $20,000 - Building $ 0 - Loss Assessment: $1,000 - Contents $ 0 - Ordinance or Law. 10% Coverage Part 4 - Scheduled Property - Coverage E: Personal Liability $300,000 - Total Scheduled Property $ 0 - Coverage F: Medical Payments to Others $1,000 - Total Blanket Coverage 0 Annual Premium: $3,561.00 Homeowner Deductibles Policy Premium: $3,561.00 All Other Perils: $1,000 Inspection Fee: 0 Wind Hail: 5% SL Broker Fee: $35.00 Earthquake: Excluded Surplus Lines Taxes: $179.80 Stamping Fee: $5.39 Special: None $NIA Special: None $N/A Emergency Fund Fee: $2.00 Total Due: $3,783.19 Minimum Earned Premium: $0 Sub Broker Information Narne: FALCHER INC DBA JIMRAY Homeowners Rating Information INSURANCE Territory: 35 Protection Class: 3 Addrl: 7879 PINES BLVD SUITE 101 County: BROWARD-FL EQ Zone: NA Addr 2: Construction:Maso Yr Built: 2007 City, State, Zip: PEMBROKE PINES, FL 33024 Forms and Endorsementsmade part of this policy at time of issuance: This declaration page with policy provisions and endorsements, if any, issued to form a part, thereof, completes the above numbered homeowner's policy. Countersignature Date 09/23/2016 Countersignature: Authorized Representative: Le(Elite 11/00 taa ABDULLA-C-000010 Policy Number: 63763172 - 01 Insured: ABDULLA, ALIA IN WITNESS WHEREOF, the Insurance Company identified on the Declarationshas caused this policy to be signed by its President, Secretary and a duly authorized representative of the Insurance Company. PRESIDENT SECRETARY Mortgage 1 Mortgage 2 COMPASS BANK ISAOA ATIMA PO BOX 200017 KENNESAW, GA 30156-9222 Loan #: 1508253922 Mortgage 3 Page 2 of 2 ABDULLA-C-000011 POLICYNUMBER: 63763172 - 01 Effective Date: 09/25/2016 DateIssued: 09/23/2016 SCHEDULE OF FORMS AND ENDORSEMENTS Lex Elite 11/00 DeclarationPage & AuthorizationClause 78052 12 13 AIG Property CasualtyU.S. Privacy and Data SecurityNotice FL ORD ED 04 96 H03 Florida DisclosureNotice (FL only) FL REJ ED 04 96 H03 Florida Rejection- Ordinanceand Law (FL ONLY) HO 00 03 10 00 Homeowner3 Special Form HO 04 14 10 00 Special ComputerCoverage HO 04 16 10 00 Premises Alarm/Fire Protection System HO 04 27 04 02 LimitedFungi, Wet or Dry Rot, or Bacteria Coverage HO 04 35 10 00 Loss Assessment Coverage HO 04 55 03 03 Identity Fraud HO 04 90 10 00 Personal PropertyReplacement Cost HO 05 80 10 00 PropertyRemediation/LimitedLiability for Escaped Fuels HO 23 70 07 01 Windstorm Exterior Paint or WaterproofingExclusion LEX 0014 09 08 Important Flood Notice. LEX 00 31 11 04 TrampolineExclusion LEX 00 3208 04 Underground Storage Tank Exclusion LEX 00 63 04 05 -MechanicalBreakdown LEX 00 66 07 07 Florida Windstorm or Hail Deductible LEX 00 82 04 06 Maximum Payable AmountIf Other Insurance LEX 00 106 02 15 Lex Special ProvisionsFlorida LEX 00 144 04 14 Farm OperationsExclusion LEX 00 159 03 09 Swimming Pool Under Coverage B Exclusion LEX 00 168 09 09 SpecificBuilding Materials Exclusion LEX 00 169 09 09 Inflation Guard LEX 00 177 1114 IncidentalBusiness Coverage Endorsement LEX 00 195 0414 Section I & SectionII Total Business Exclusion LEX 00 197 06 14 PersonalInjury Coverage LEX 00 202 0415 Existing Damage Exclusion LEX 00 207 05 16 Care Services Exclusion LEX 00 208 05 16 Drone Exclusion LEX 04 95 11 04 Water Back Up and Sump Overflow LEX 05 80 11 04 AdvisoryNotice to Policyholders - Explanatory Memo LEX 15 31 11 04 Special PersonalProperty Coverage 89644 (6/13) Economic SanctionsEndorsement PRG 2023 (5-14) Service of Suit Condition Claims Notice to Policyholders What to Do if You Suffer a Lossto Your Home and Property ABDULLA-C-000012 POLICYHOLDERNOTICE Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generallypay compensationto brokers and independent agents, and may have paid compensationin connection with your policy. You can review and obtain informationabout the nature and range of compensationpaid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig. or by calling 1-800-706-3102. 91222 (4/13) ABDULLA-C-000013 AIG Property Casualty U.S. Privacy and Data Security Notice About This Notice This Privacy and Data Security Notice applies only to your Personal Information (see definition below) obtained by one of the property-casualty insurance company subsidiaries or affiliates of American International Group, Inc. listed at the end of this notice (collectively, the "AIG Companies" or "we") in connection with the products or services one of those companies provided primarily for your personal, family, or household purposes in connection with which you are receiving this notice. The AIG Companies have established practices, procedures and system protections that are designed to help protect the privacy and security of Personal Information that we collect in the course of conducting our business. This notice outlines how we collect, handle, and disclose Personal Information about you. The term "Personal Information," as used in this Privacy and Data Security Notice, means information that identifies you personally. Examples of Personal Information include, but are not limited to, a first and last name, a home or other physical address, an email address, a financial account or credit card number, a driver's license number, and information on your physical condition or health status. I. Information Privacy We may collect Personal Information from applications; enrollment forms; in claims processing, or in your other interactions with us and with our Affiliates. We may also collect Personal Information from credit reportingagencies and other third parties in connection with the sale of our products to you. We will collect Personal Information only in accordance with applicable laws or regulations, whether we collect it in response to your request for a product or service from us or otherwise. Information Sharing We may share your Personal Information with Affiliates and Non-Affiliates as described below. With our Affiliates: Our Affiliates may include other insurance companies, insurance holding companies; insurance agents and agencies, claims administrators, marketing companies; e-commerce service providers, and companies providing administrativeservices. We may share your Personal Information, including Personal Information of a health nature, with our Affiliates that assist us in servicing your insurance policies. Examples are administration (billing and collections), risk management, underwriting, and claims handling. We may also share your Personal Information with our Affiliates for the purpose of detecting and preventingfraud, as directed or authorized by you, or as otherwise permitted or required by law. With Non-Affiliates: We may share your Personal Information, including Personal Information of a health nature, with Non-Affiliates that assist us in servicing your insurance policies. Examples are administration (billing and collections), risk management, underwriting, and claims handling. We may also share your Personal Information with Non-Affiliates for the purpose of detecting and preventingfraud, as directed or authorized by you, or as otherwise permitted or required by law. We may also enter into joint marketingagreements with Non-Affiliates to share your non-health Personal Information as permitted by law. These Non-Affiliates may include providers of financial products or servjces such as insurance companies, financial institutions,and securities firms. Because we do not share Personal Information with either Affiliates or Non-Affiliates in any other way, there is no need for an opt-out process in our privacy procedures. 78052 (12/13) ABDULLA-C-000014 For Californiaand Vermont Residents: If it becomes necessary to share your Personal Information with Non-Affiliates other than as specifically allowed by law, we will not do so without first obtaining your permission. Il. Data Security To help prevent unwarranted disclosure of your Personal Information and secure it from theft, we utilize secure computer networks. Access is restricted to those persons who have a business need to use your Personal Information to provide products or services to you. We also maintain physical, electronic, and procedural safeguardsdesigned to protect your Personal Information in compliance with federal and state privacy and information security laws. Non-Affiliates that assist us in servicing insurance policies or who enter into joint marketing agreements with us are required to take measures to maintain the security of your Personal Information in compliance with federal and state privacy and information security laws. Ill. Maintaining Personal Information We also maintain procedures to ensure that the Personal Information we collect is accurate, up-to-date, and as complete as possible. If you believe the information we have about you in our records or files is incomplete or inaccurate, you may request that we make additions or corrections, or if it is feasible, that we delete this information from our files. You may make this request in writing to (include your name; address and policy number) Chief Privacy Officer AIG PropertyCasualty 108 Maiden Lane, 4oth Floorl New York, NY 10038 Fax: 212 458-7081 E-Mail: CIPrivacv@aig.com Special Notice: You can obtain access to any non-public Personal Information we have about you if you properly identifyyourself and submit a written request to the address above describing the information you want to review. We will also tell you the identity, if recorded, of persons to whom we have disclosed your non-publicPersonal Information within the preceding two years. You may request that we correct, amend or delete information about you. If we do so, we will notify organizations that provided us with that information and, at your request, persons who received that information from us within the preceding two years. If we cannot grant your request to correct, amend or delete the information,you may give us a written statement of the reasons you disagree, which we will place in your file and give to the same parties who would have been notified of the requested change. Our Customers Can Depend on Us We are committed to maintaining our trusted relationshipwith our Customers. We consider it our privilege to serve our Customers' insurance and financial needs and we value the trust they have placed in us. Our Customers' privacy is a top priority. We will continue to monitor our practices in order to protect that privacy and will comply with state privacy laws that require more restrictive practices than those set out in this notice. Important Information Concerning the Applicabilitvand Future Changes to this Privacv and Data Securitv Notice We may change this Privacy and Data Security Notice from time to time, and if particular changes are required by law to be communicated to you, we will do so. The AIG Companies include: American Home Assurance Company; AIG Assurance Company; AIG Property Casualty Company; AIG Specialty Insurance Company; Commerce and Industry nsurance Company; Granite State Insurance Company; Illinois National Insurance Co., Lexington nsurance Company; National Union Fire Insurance Company of Pittsburgh, Pa.; National Union Fire nsurance Company of Vermont, New Hampshire Insurance Company; The Insurance Company of the State of Pennsylvania; American International Life Assurance Company of New York; and American General Life Insurance Companyof Delaware. 78052 (12/13) ABDULLA-C-000015 LEXINGTON INSURANCE COMPANY FLORIDA DISCLOSURE NOTICE - HOMEOWNERS INSURANCE REPLACEMENT COST COVERAGE AND ORDINANCE OR LAW COVERAGE (NOT APPLICABLE TO FORMS HO 00 04 AND HO 00 06) NO COVERAGE IS PROVIDED BY THIS DISCLOSURE NOTICE NOR DOES THIS NOTICE REPLACE ANY PROVISION OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS NOTICE THE PROVISIONS OF THE POLICY SHALL PREVAIL. FLORIDA Insurance law requires that insureds who buys a Homeowners Insurance policy, which is not written on a Form HO 00 04 or HO 00 06, must be offered the opportunityto buy ReplacementCost coverage for their home and other building structures. FLORIDA Insurance law further requires that if the Homeowners Insurance policy automaticallyprovides, or if the insured accepts the offer to buy, ReplacementCost coverage, Ordinance or Law coverage must also be offered for the dwelling and other building and non - building structures for a minimum additional amount of 25% of the limit applying to the dwelling or condominium - unit. ABOUT REPLACEMENT COST COVERAGE f Replacement Cost coverage is included or added to the Homeowners policy, oss settlement will be based on the cost to repair or replace the housel condominium - unit or other building structure damaged or destroyed by a covered peril with like construction, subject, of coursel to policy limits. No deduction for depreciation will be applied. To qualify for this favorable method of oss settlement, certain conditions must be met. These are explained in the po icy under the Loss Settlement condition; or if you have Form HO 00 08, the optional ReplacementCost coverage endorsement. Note that loss settlementfor non - building structures will be based on the actual cash value of the damaged or destroyed structure, not the Replacement Cost. ABOUT ORDINANCE OR LAW ( BUILDING CODE UPGRADE COVERAGE) f Ordinance or Law coverage is included or added to the Homeowners policy, oss payment will also include the increased costs you incur to repair the damaged structure, or to constructa replacement structure, in order to comply with the enforcement of any IocaL state or federal law, ordinance or regulation FL - ORD - ed. 04/96 Page 1 ABDULLA-C-000016 LEXINGTON INSURANCE COMPANY affecting repair or construction of such structures. Loss payment will be subject to either the ReplacementCost or Actual Cash Value loss settlement, whichever apply. Ordinance or Law coverage does not provide payment for any loss in value to covered property because of building or land use codes; NOR does it cover the costs incurred to clean up or respond to a pollutant on covered property UNLESS the pollutant is a direct result of damage to covered property by a specified covered peril. Refer to the Ordinance or Law provisions in the policy for complete details. The following briefly outlines which of these coverages, and to what extent they are: 1. automatically included in the Homeowners policy you requested or are renewing; or 2. available for an additional premium charge. Replacement Cost - Your Homeowners policy automatically provides coverage for the cost to repair or replace a dwelling or other building structure if, at the time of Iossl you meet the requirements stipulated in the Loss Settlement Condition found in the policy. If you do not meet these requirements, you may NOT be eligible for full repair or replacement cost protection. If, after reading your policy, you determine that you might need higher limits or additional coverage, contact your insurance representativeto discuss availability and your eligibility. Ordinance or Law - Your Homeowners policy automaticallyprovides coverage for building code upgrade for an amount equal to 10% of the coverage A limit. You may, however, buy up to a maximum of 25% of the coverage A limit. If you want a greater amount of coverage, contact your insurance representative. If you do NOT want this additional coverage, please read, sign and date the enclosed REJECTION FORM and return it to your insurance representative. If you don't return the completed Form to us within 10 days, we will endorse the coverage on to your policy and charge you the additional premium. If you decide to reject this coverage now, you can request it at anytime this policy, or a renewal policy, is in force. If you dol coverage will not become effective during a storm or hurricane or during the time a storm or hurricane watch or warning is issued by the National Weather Service and for 72 hours after that watch or warning is canceled. FL - ORD - ed. 04/96 Page 2 ABDULLA-C-000017 LEXINGTON INSURANCE COMPANY ORDINANCE OR LAW - REJECTION OF INCREASED AMOUNT OF COVERAGE I have read the Disclosure Notice about the above noted coverage and have decided that I DO NOT WANT THE COVERAGE THAT YOU OFFERED ME. I understand that by rejecting this offer, it need not be repeated for three years from the date of my rejection. I also understand that I can request this coverage at any time this policy, or a renewal policy, is in force and, if I do, coverage will not become effective: 1. When a storm or hurricane watch or warning is issued for the state of Florida by the National Weather Service; 2. During a storm or hurricane; and 3. For 72 hours after the storm or hurricane watch or warning is cancelled by the National Weather Service. Named Insured(s) Sign Below: Date Signed: FL -REJ - ed. 04/96 ABDULLA-C-000018 HOMEOWNERS HO 00 03 10 00 HOMEOWNERS 3 - SPECIAL FORM AGREEMENT 2. "Bodily injury" means bodily harm, sickness or disease, including required care, loss of ser- We will provide the insurance described in this policy vices and death that results. in return for the premium and compliance wjth all applicable provisions of this policy. 3. "Business" means: a. A trade, profession or occupation engaged DEFINITIONS in on a full-time, part-time or occasional ba- sis; or A. In this policy, "you" and "your" refer to the "named b. Any other activity engaged in for money or insured" shown in the Declarations and the spouse other if a resident of the same household. compensation, except the following: "We", "us" and "our" refer to the Company providing this in- (1) One or more activities, not described in surance. (2) through (4) below, for which no "in- sured" receives more than $2,000 in to- B. In addition, certain words and phrases are defined as fol lows: tai compensationfor the 12 months be- fore the beginning of the policy period; 1. "Aircraft Liability", "Hovercraft Liability", "Motor (2) Volunteer activities for which no money Vehicle Liability" and "WatercraftLiability", sub- is received other than payment for ex- ject to the provisions in b. below, mean the fol- Iowing: penses incurred to perform the activity; (3) Providing home day care services for a. Liabilityfor "bodily injury" or "property dam- which no compensation is received, age" arising out of the: other than the mutual exchange of such (1) Ownership of such vehicle or craft by an services; or "insured"; (4) The rendering of home day care ser- (2) Maintenance, occupancy, operation, vices to a relative of an "insured". use, loading or unloading of such vehi- 4. "Employee" means an employee of an "in- cle or craft by any person; sured", or an employee leased to an "insured" (3) Entrustment of such vehicle or craft by by a labor leasing firm under an agreement be- an "insured" to any person; tween an "insured" and the labor leasing firm, (4) Failure to supervise or negligent super- whose duties are other than those performed vision of any person involving such ve- by a "residenceemployee". hicle or craft by an "insured"; or 5. "Insured" means: (5) Vicarious liability, whether or not im- a. You and residents of your household who posed by law, for the actions of a child are: or minor involving such vehicle or craft. (1) Your relatives; or b. For the purpose of this definition: (2) Other persons under the age of 21 and (1) Aircraft means any contrivance used or in the care of any person named above; designed for flight except model or b. A student enrolled in school full time, as hobby aircraft not used or designed to defined by the school, who was a resident carry people or cargo; of your household before moving out to at- (2) Hovercraft means a self-propelled mo- tend school, provided the student is under torized ground effect vehicle and in- the age of: cludes, but is not limited to, flarecraft (1) 24 and your relative; or and air cushion vehicles; (3) Watercraft means a craft principally (2) 21 and in your care or the care of a person described in a.(1) above; or designed to be propelled on or in water by wind, engine power or electric motor; and (4) Motor vehicle means a "motor vehicle"" as defined in 7. below. HO 00 03 10 00 Copyright, Insurance Services Office, Inc., 1999 Page 1 of 22 ABDULLA-C-000019 c. Under Section Il: h. Any part of a premises occasionally rented (1) With respect to animals or watercraft to to an "insured" for other than "business" use. which this policy applies, any person or organization legally responsible for 7. "Motor vehicle" means: these animals or watercraft which are a. A self-propelledland or amphibious vehicle, owned by you or any person included in OR a. or b. above. "Insured" does not mean a person or organization using or having b. Any trailer or semitrailer which is being carried on, towed by or hitched for towing custody of these animals or watercraft in by a vehicle described in a. above. the course of any "business" or without consent of the owner; or 8. "Occurrence" means an accident, including (2) With respect to a "motor vehicle" to continuous or repeated exposure to substan- which this policy applies: tially the same general harmful conditions, which results, during the policy period, in: (a) Persons while engaged in your em- a. "Bodily injury"; or ploy orthat of any person included in a. or b. above; or b. "Property damage". (b) Other persons using the vehicle on 9. "Property damage" means physical injury to, an "insured location" with your con- destruction of, or loss of use of tangible prop- sent. erty. Under both Sections 1 and 11, when the word an 10. "Residence employee" means: immediately precedes the word "insured", the a. An employee of an "insured", or an em- words an "insured" together mean one or more ployee leased to an "insured" by a labor "insureds". leasing firm, under an agreement between 6. "Insured location" means: an "insured" and the labor leasing firm, whose duties are related to the mainte- a. The "residence premises"; nance or use of the "residence premises", b. The part of other premises, other structures including household or domestic services; and grounds used by you as a residence; or and b. One who performs similar duties elsewhere (1) Which is shown in the Declarations; or not related to the "business" of an "in- (2) Which is acquired by you during the sured". policy period for your use as a resi- A "residence employee" does not include a dence; temporary employee who is furnished to an c. Any premises used by you in connection "insured" to substitute for a permanent "resi- with a premises described in a. and b. dence employee" on leave or to meet seasonal above; or short-termworkload conditions. d. Any part of a premises: 11. "Residence premises"means: (1) Not owned by an "insured"; and a. The one family dwelling where you reside; (2) Where an "insured" is temporarily resid- b. The two, three or four family dwelling where ing; you reside in at least one of the family units; e. Vacant land, other than farm land, owned or by or rented to an "insured"; c. That part of any other building where you f. Land owned reside; by or rented to an "insured" on which a one, two, three or four family dwell- and which is shown as the "residence prem- ing is being built as a residence for an "in- ises" in the Declarations. sured"; "Residence premises" also includes other g. Individual or family cemetery plots or burial structures and grounds at that location. vaults of an "insured"; or Page 2 of 22 Copyright, Insurance Services Office, Inc., 1999 HO 00 03 10 00 ABDULLA-C-000020 DEDUCTIBLE C. Coverage C - Personal Propeny Unless otherwise noted in this policy, the following 1. Covered Propeny deductible provision applies: We cover personal property owned or used by Subject to the policy limits that apply, we will pay only an "insured" while it is anywhere in the world. that part of the total of all loss payable under Section 1 After a loss and at your request, we will cover that exceeds the deductible amount shown in the personal property owned by: Declarations. a. Others while the property is on the part of the "residence premises" occupied by an SECTION I - PROPERTY COVERAGES "insured"; or A. b. Coverage A A guest or a "residence employee", while - Dwelling the property is in any residence occupied by 1. We cover: an "insured". a. The dwelling on the "residence premises" 2. Limit For Propeny At Other Residences shown in the Declarations, including struc- Our limit of tures attached to the liability for personal proper-tyusually dwelling;and located at an "insured's" residence, other than b. Materials and supplies located on or next to the "residence premises", is 10% of the limit of the "residence premises" used to construct, liability for Coverage C, or $1,000, whichever is alter or repair the dwelling or other struc- greater. However, this limitation does not apply tures on the "residence premises" to personal proper-ty: 2. We do not cover land, including land on which a. Moved from the "residence premises" be- the dwelling is located. cause it is being repaired, renovated or re- B. Coverage B - Other Structures built and is not fit to live in or store property in; or 1. We cover other structures on the "residence premises" set apart from the dwelling by clear b. In a newly acquired principal residence for space. This includes structures connected to 30 days from the time you begin to move the dwelling by only a fence, utility line, or simi- the propertythere. Iar connection. 3. Special Limits Of Liability 2. We do not cover: The special limit for each category shown be- a. Land, including land on which the other low is the total limit for each loss for all prop- structures are located; erty in that category. These special limits do b. Other not increase the structures rented Coverage C limit of liability. or held for rental to any person not a tenant of the dwelling, a. $200 on money, bank notes, bullion, gold unless used solely as a private garage; other than goldware, silver other than sil- verware, platinum other than platinumware, c. Other structures from which any "business" coins, medalsl scrip, stored value cards is conducted; or and smart cards. d. Other structures used to store "business" b. $1,500 on securities, accounts, deeds, property. However, we do cover a structure evidences of that contains "business" debt, letters of credit, notes property solely other than bank notes, manuscripts, per- owned by an "insured" or a tenant of the sonal records, passports, tickets and dwelling provided that "business" property does not include gaseous or liquid fuel, stamps. This dollar limit applies to these other than fuel in a permanently installed categories regardless of the medium (such as fuel tank of paper or computer software) on which a vehicle or craft parked or the material exists. stored in the structure. This limit includes the cost to research, re- 3. The limit of liability for this coverage will not be place or restore the information from the more than