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Filing # 163822179 E-Filed 12/29/2022 12:42:33 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
CIVIL DIVISION
MAHESH PATEL and BELA PATEL,
Plaintiffs,
CASE NO:
v.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
COMPLAINT
COME NOW the Plaintiffs; MAHESH PATEL and BELA PATEL (hereinafter
“Plaintiffs”), by and through the undersigned attorney, hereby file this Complaint against the
Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter
“Defendant”), and as grounds therefore, state as follows:
General Allegations
1. Atall times relevant hereto, the Plaintiffs are residents of the State of Florida, residing in Brevard
County.
2. Atal times relevant hereto, Defendant is an insurance company organized and existing under
the laws of the State of Florida and doing business specifically in Brevard County with Plaintiffs.
3. The amount in controversy in this action is greater than Thirty Thousand Dollars ($30,000.00)
exclusive of pre-judgment interest, court costs, and attorney's fees.
Count I-Breach of Contract
4. Plaintiffs re-allege each and every allegation set forth in Paragraphs 1 through 3 above, as if
fully set forth herein.
5. This is an action for damages for breach of insurance contract against Defendant.
Filing 163822179 VS 05-2022-CA-058280-XXXX-XX6. Inconsideration of the premium paid to it, Defendant issued to Plaintiffs a contract of insurance,
Policy Number. UHV 3391898 08 01, which was in full force and effect at the time of the loss
and damage at the insured premises at 830 Whimsical Lane, Malabar, Florida 32950 (hereinafter
“Insured Property”). Attached hereto as Exhibit “A” is what Plaintiffs believe to be a correct
and complete copy of the policy which underlies this action.
7. During the effective period of the insurance policy, the Insured Property suffered direct physical
damage and loss, caused by a sudden, unexpected, and accidental discharge of water, created
moisture, and ensuing mold, “fungi”, bacteria, and/or wet or dry rot, perils for which the policy
of insurance issued by Defendant provides coverage.
8. The sudden, unexpected, and accidental loss caused Plaintiffs to sustain loss to the interior of
the Insured Property.
9. The sudden, unexpected, and accidental loss caused Plaintiffs to incur additional expenses and
will continue to cause expenses and loss.
10. Plaintiffs have made a timely claim for the damage and loss. Defendant assigned Claim Number
22FL00170943.
11. Plaintiffs have requested that Defendant pay for damages, but Defendant has failed and refused
and continues to refuse to fully pay.
12. The Plaintiffs have done and performed all those matters and things properly required under the
insurance policy or, alternatively, have been excused from performance by the acts and/or
omissions of Defendant.
13. Notwithstanding the foregoing, Defendant has failed or refused to provide full coverage under
the insurance policy and has failed to pay promptly the full amounts due and has thereby
breached the contract of insurance.
Filing 163822179 VS 05-2022-CA-058280-XXXX-XX14. Asa direct result of Defendant’s breach of insurance contract, Plaintiffs have been financially
damaged and continue to suffer damage and loss.
15. Asaresult of Defendant’s breach of the insurance contract, it has become necessary for Plaintiffs
to incur and become obligated for attorney's fees and costs in connection with the prosecution
of this action. Plaintiffs are entitled to have Defendant pay said fees and costs owed under
Florida law.
WHEREFORE, the Plaintiffs pray this Court enter judgment in Plaintiffs’ favor and against
Defendant for damages including actual and compensatory damages, pre-judgment interest, costs of
this action, attorney’s fees, and such other and further relief as this Court may deem appropriate.
Filing 163822179 VS 05-2022-CA-058280-XXXX-XXJURY TRIAL DEMANDED
Plaintiffs request a trial by jury on all issues so triable.
Dated: December 29, 2022
Respectfully submitted,
KRAPF LEGAL, PA
/s/ Grant W. Krapf’
GRANT W. KRAPF, ESQ.
FBN: 072058/SPN: 01287297
KELLER F. FISHER, ESQ.
FBN: 126149
2790 Sunset Point Road
Clearwater, FL 33759
Telephone: (727) 777-7450
E-mail for service: assist@krapflegal.com
Counsel for Plaintiffs
Filing 163822179 VS 05-2022-CA-058280-XXXX-XXEXHIBIT
“6A”
Filing 163822179 VS 05-2022-CA-058280-XXXX-XXUPCZS
INSURANCE
UNITED PROPERTY & CASUALTY INSURANCE CO
PO Box 30763
Tampa, FL 33630-3763
HOMEOWNERS DECLARATIONS
08/19/2022 05/19/2023
UHV 3391898 08 01
i the residence premises.
[=m DECLARATION Effective: 05/19/2022 Date Issued: 03/1 8/2022
INSURED: —
MAHESH M PATEL
BELA M PATEL
830 WHIMSICAL LN
MALABAR FL 32950-3104
Telephone: 321-951-4951
SHOFF INSURANCE, INC
2350 MINTON RD, STE 14
WEST MELBOURNE FL 32904
Telephone: 321-952-0606
The residence premises covered by this policy is located at the address listed below.
830 WHIMSICAL LN, MALABAR FL 32950
IF PAYMENT !S NOT RECEIVED ON OR BEFORE THE POLICY RENEWAL EFFECTIVE DATE,
THIS POLICY WILL NOT BE IN FORCE.
Coverage is provided where premium and limit of liability is shown. Flood coverage is not provided and is not a
part of this policy.
SECTION I COVERAGE
A. DWELLING
B. OTHER STRUCTURES
C. PERSONAL PROPERTY
D. LOSS OF USE
SECTION Il COVERAGE
E. PERSONAL LIABILITY
F. MEDICAL PAYMENTS
OPTIONAL COVERAGES
Premium charge for Hurricane Exposure:
Hurricane Deductible per calendar year:
All Other Peril Deductible: $2,500
LIMIT OF LIABILITY PREMIUMS
$944,000.00 $8,242.00
$18,880.00 INCLUDED
$236,080.00 - $590.00
$188,800.00 INCLUDED
$300,000.00 $18.00
1000.00 INCLUDED
$4,620.00
$18,880 / 2% of Coverage A
Sinkhole Deductible per sinkhole loss: $94,400 / 10% of Coverage A
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $7,751.00
The amount of premium change due to approved rate change is 3,931.00
The amount of premium change due to coverage change is 299.00
COVERAGES HAVE BEEN INCREASED TO HELP KEEP PACE WITH RISING REPLACEMENT COST.
PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY.
_FORMS AND ENDORSEMENTS | :
HO 0003 (05/11) HO 0334 (05/1 3) COUNTERSIGNED DATE 03/18/2022
HO 0350 (0827) HO 0355 (05/13)
HO 0416 (10/00) HO 0446 (10/00) . eee
HO 0496 (04/91) HO 2370 (05/13) BY Ja fo
Continued on Forms Schedule
ADDITIONAL INTERESTS
MORTGAGEE
3000648729
ROUNDPOINT MTGE SERVICING CORP.
SOSAATIMA
PHOENIX KE 85062-2927
UPC 101 0119 AGENT COPY Page 1 of 4
Filing 163822179 VS
05-2022-CA-058280-XXXX-XXUPCZS HOMEOWNERS DECLARATIONS
INSURANCE POLICY NUMBER POLICY PERIOD
UNITED PROPERTY & CASUALTY INS CO From To
PO Box 30763 UHV 3391898 08 01 | 05/19/2022 05/19/2023
Tampa, FL 33630-3763 42:01 a.m. at the residence premises.
RENEWAL DECLARATION Effective: 05/19/2022 Date Issued:03/18/2022
INSURED: AGENT: 1004060
MAHESH M PATEL SHOFF INSURANCE, INC
BELA M PATEL 2350 MINTON RD, STE 1
830 WHIMSICAL LN WEST MELBOURNE FL 32904
MALABAR FL. 32950-3104
Telephone: 321-951-4951 Telephone: 321-952-0606
The residence premises covered by this policy is located at the above insured address unless otherwise stated below:
830 WHIMSICAL LN, MALABAR FL 32950
Premium:
SECTION I, SECTION II AND OPTIONAL PREMIUMS $7,724.00
EMERGENCY MANAGEMENT TRUST FUND SURCHARGE $2.00
MANAGING GENERAL AGENCY (MGA) POLICY FEE $25.00
FL INS GUAR ASSOC ASSESS $54.00
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES $7,751.00
NOTE: The portion of your premium for Hurricane Coverage is: $4,620.00
The portion of your premium for All Other Coverages is: $3,050.00
An adjustment of -5.8% is included to reflect the Building Code grade for your area. Adjustments range from 1%
surcharge to 46.1% credit.
Your policy includes endorsement HO 04 46 Inflation Guard - which automatically increases the
amount of Dwelling Coverage by the annual percentage amount shown below. Therefore
, your
hurricane deductible may be higher than indicated on the policy when a hurricane loss occurs
due to application of this endorsement.
FLOOD CARRIER N/A
FLOOD ZONE NIA BFE N/A LFE NIA
FORM TYPE HO-3 YEAR BUILT 2014 TOWN/ROW HOUSE N/A
CONSTRUCT TYPE F CONSTRUCT SUPERIOR N NUMBER OF FAMILIES 00001
AOP TERRITORY 064 PROTECTION CLASS 04 USE CODE P
MUNICIPAL CODE 999999 COUNTY CODE 009 PROT DEVICE/BURGLAR A
PROT DEVICE/FIRE A PROT DEV/SPRINKLER N PROT DEV/SHUTTER Y
WIND/HAIL EXCLUSION N REPLACEMENT COST —-Y OCCUPANCY CODE OWNER
FLOOD CREDIT N SINKHOLE COVERAGE I WIND TERRITORY 0648
WATER PREVENTION CR N INFLATION GUARD 4%
Filing 163822179 vs 05-2022-CA-058280-XXXX-XX
UPC 1010119 AGENT COPY Page 2 of 4UPCZES HOMEOWNERS DECLARATIONS
1
POLICY NUMBER POLICY PERIOD qT
°
NCE
UNITED PROPERTY & CASUALTY INS CO
PO Box 30763 UHV 3391898 08 01 | o5rtevao22 05/19/2023
Tampa, FL 33630-3763 42:01 a.m. at the residence premises.
RENEWAL DECLARATION Effective: 05/19/2022 Date Issued: 03/18/2022
INSURED: AGENT: 1004060
MAHESH M PATEL SHOFF INSURANCE, INC.
BELA M PATEL 2350 MINTON RD, STE 1
830 WHIMSICAL LN WEST MELBOURNE FL. 32904
MALABAR FL 32950-3104
Telephone: 321-951-4951 Telephone: 321-952-0606
The residence premises covered by this policy is located at the above insured address unless otherwise stated below:
830 WHIMSICAL LN, MALABAR FL 32950
in
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE |
AN_IMPORTANT_ COVERAGE THAT YOU MAY WISH TO
RORKGASE. PLEASE DISCUSS WITH YOUR INSURANCE
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S
INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR
DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE
WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT
SEPARATE FLOOD INSURANCE COVERAGE, YOU_ MAY HAVE
UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS
THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE
COVERAGE WITH YOUR INSURANCE AGENT.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU
A rate adjustment of 82% of wind premium is included to reflect the windstorm mitigation features of your dwelling.
Adjustments range from 0% to 89% credit subject to verification that your home meets the windstorm mitigation
characteristics of the 2001 Florida Building Code.
IN CASE OF A LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES
SOLELY TO PROTECT THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY
PROVISIONS (MAY NOT EXCEED THE GREATER OF $3000 OR 1% OF YOUR COVERAGE A LIMIT OF LIABILITY
UNLESS YOU CALL US FIRST AND RECEIVE OUR APPROVAL). PROMPT NOTICE OF THE LOSS MUST BE GIVEN
TO US OR YOUR INSURANCE AGENT. EXCEPT FOR REASONABLE EMERGENCY MEASURES, THERE IS NO
COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF - (A) 72 HOURS AFTER WE ARE NOTIFIED OF
THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVAL BY US. TO
REPORT A LOSS OR CLAIM CALL 1(888) 256-3378.
ae aeexxes Additional Information ***********
This replaces all previously issued policy declarations, if any. The declarations page together
with all policy provisions and any other applicable endorsements completes your policy.
Filing 163822179 vs 05-2022-CA-058280-XXXX-XX
UPC 101 01 19 AGENT COPY Page 3 of 4U PC HOMEOWNERS DECLARATIONS
INSURANCE | POLICY NUMBER -PoLicy PERIOD. |
UNITED PROPERTY & CASUALTY INS CO fem £
PO Box 30763 [ UHV 3391898 08 01] 05/19/2022 05/19/2023 |
Tampa, FL 33630-3763 12:61 am. atthe fesldence premises.
FORMS SCHEDULE
(continued from page 1)
HO 2386 (05/13) * HPINSTALL (11/14) *N003 (04/19) * OIRB11655 (02/10) * OIRB11670 (01/06)
“UPC 105 (07/14) UPC 112 (08/99) *UPC 155 (01/06) *UPC 160 (10/05) UPC 164 (06/06)
UPC 174 (09/06) UPC 176 (10/12) *UPC 191 (06/21) UPC 192 (07/14) UPC 601 (02/14)
UPC 602 (02/14) “UPCNCPT (06/15)
Filing 163822179 vs 05-2022-CA-058280-XXXX-XX
UPC 101 01 19 AGENT COPY Page 4 of 4Filing 1689290 0&8 05 14
HOMEOWNERS
HO 00 03 05 11
HOMEOWNERS 3 — SPECIAL FORM
AGREEMENT
We will provide the insurance described in this policy
in return for the premium and compliance with all
applicable provisions of this policy.
DEFINITIONS
A. In this policy, "you" and "your" refer to the "named
insured" shown in the Declarations and the
spouse if a resident of the same household. "We",
us" and "our" refer to the Company providing this
insurance.
B. In addition, certain words and phrases are defined
as follows:
1. "Aircraft Liability", "Hovercraft Liability", "Motor
Vehicle Liability". and "Watercraft Liability",
subject to the provisions in b. below, mean the
following:
a. Liability for "bodily injury" or "property
damage" arising out of the:
(1) Ownership of such vehicle or craft by an
“insured”;
(2) Maintenance, occupancy, operation,
use, loading or unloading of such
vehicle or craft by any person;
(3) Entrustment of such vehicle or craft by
an "insured" to any person;
(4) Failure to supervise or negligent
supervision of any person involving
such vehicle or craft by an "insured"; or
(5) Vicarious liability, whether or not
imposed by law, for the actions of a
child or minor involving such vehicle or
craft.
b. For the purpose of this definition:
(1) Aircraft means any contrivance used or
designed for flight except model or
hobby aircraft not used or designed to
carry people or cargo;
(2) Hovercraft means a_ self-propelled
motorized ground effect vehicle and
includes, but is not limited to, flarecraft
and air cushion vehicles;
(3) Watercraft means a craft principally
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.
VS © Insurance Services Office, Inc., 2010
2. "Bodily injury" means bodily harm, sickness or
disease, including required care, loss of
services and death that results.
3. "Business" means:
a. A trade, profession or occupation engaged
in on a full-time, part-time or occasional
basis; or
b. Any other activity engaged in for money or
other compensation, except the following:
(1) One or more activities, not described in
(2) through (4) below, for which no
"insured" receives more than $2,000 in
total compensation for the 12 months
before the beginning of the policy
period;
(2) Volunteer activities for which no money
is received other than payment for
expenses incurred to perform the
activity;
(3) Providing home day care services for
which no compensation is received,
other than the mutual exchange of such
services; or
(4) The rendering of home day care
services to a relative of an “insured”.
4. "Employee" means an employee of an
"insured", or an employee leased to an
"insured" by a labor leasing firm under an
agreement between an "insured" and the labor
leasing firm, whose duties are other than those
performed by a "residence employee".
5. "Insured" means:
a. You and residents of your household who
are:
(1) Your relatives; or
(2) Other persons under the age of 21 and
in your care or the care of a resident of
your household who is your relative;
b. A student enrolled in school full-time, as
defined by the school, who was a resident
of your household before moving out to
attend school, provided the student is
under the age of:
(1) 24 and your relative; or
05-2022-CAFOBGRS0-BKAK-XXFiling 169898 WOF 24
(2) 21 and in your care or the care of a
resident of your household who is your
relative; or
c. Under Section I:
(1) With respect to animals or watercraft to
which this policy applies, any person or
organization legally responsible for
these animals or watercraft which are
owned by you or any person described
in 5.a. or b. "Insured" does not mean a
person or organization using or having
custody of these animals or watercraft
in the course of any "business" or
without consent of the owner; or
(2) With respect to a "motor vehicle" to
which this policy applies:
(a) Persons while engaged in your
employ or that of any person
described in 5.a. or b.; or
(b) Other persons using the vehicle on
an "insured location" with your
consent.
Under both Sections | and Il, when the word an
immediately precedes the word "insured", the
words an “insured" together mean one or more
"insureds".
. "Insured location" means:
a. The "residence premises",
b. The part of other premises, other structures
and grounds used by you as a residence;
and
(1) Which is shown in the Declarations; or
(2) Which is acquired by you during the
policy period for your use as a
residence;
c, Any premises used by you in connection
with a premises described in a. and b.
above;
d. Any part of a premises:
(1) Not owned by an "insured"; and
(2) Where an “insured" is temporarily
residing;
e. Vacant land, other than farm land, owned
by or rented to an "insured";
f. Land owned by or rented to an "insured" on
which a one-, two-, three- or four-family
dwelling is being built as a residence for an
"insured";
10.
41.
VS © Insurance Services Office, Inc., 2010
g. Individual or family cemetery plots or burial
vaults of an "insured"; or
h. Any part of a premises occasionally rented
to an “insured” for other than “business"
use.
. "Motor vehicle" means:
a. A self-propelled land or amphibious vehicle;
or
b. Any trailer or semitrailer which is being
carried on, towed by or hitched for towing
by a vehicle described in a. above.
. “Occurrence” means an accident, including
continuous or repeated exposure to
substantially the same general harmful
conditions, which results, during the policy
period, in:
a. "Bodily injury"; or
b, "Property damage".
. "Property damage" means physical injury to,
destruction of, or loss of use of tangible
property.
"Residence employee” means:
a. An employee of an "insured", or an
employee leased to an "insured" by a labor
leasing firm, under an agreement between
an “insured" and the labor leasing firm,
whose duties are related to the
maintenance or use of the “residence
premises", including household or domestic
services; or
b. One who performs similar duties elsewhere
not related to the "business" of an
“insured".
A "residence employee" does not include a
temporary employee who is furnished to an
"insured" fo substitute for a permanent
"residence employee" on leave or to meet
seasonal or short-term workload conditions.
“Residence premises" means:
a. The one-family dwelling where you reside;
b. The two-, three- or four-family dwelling
where you reside in at least one of the
family units; or
c. That part of any other building where you
reside;
and which is shown as the “residence
premises” in the Declarations.
"Residence premises" also includes other
structures and grounds at that location.
05-2022-GAD 06 2B) OGKK-XXFiling 1689290 0&8 05 14
SECTION I - PROPERTY COVERAGES
A. Coverage A - Dwelling
1. We cover:
a. The dwelling on the “residence premises"
shown in the Declarations, including
structures attached to the dwelling; and
b. Materials and supplies located on or next to
the "residence premises" used to construct,
alter or repair the dwelling or other
structures on the “residence premises".
2. We do not cover land, including land on which
the dwelling is located.
B. Coverage B - Other Structures
1. We cover other structures on the "residence
premises" set apart from the dwelling by clear
space. This includes structures connected to
the dwelling by only a fence, utility line, or
similar connection.
. We do not cover:
a. Land, including land on which the other
structures are located;
b. Other structures rented or held for rental to
any person not a tenant of the dwelling,
unless used solely as a private garage;
c. Other structures from which any "business"
is conducted; or
d. Other structures used to store "business"
property. However, we do cover a structure
that contains "business" property solely
owned by an "insured" or a tenant of the
dwelling, provided that "business" property
does not include gaseous or liquid fuel,
other than fuel in a permanently installed
fuel tank of a vehicle or craft parked or
stored in the structure.
. The limit of liability for this coverage will not be
more than 10% of the limit of liability that
applies to Coverage A. Use of this coverage
does not reduce the Coverage A limit of
liability.
VS © Insurance Services Office, Inc., 2010
C. Coverage C - Personal Property
1. Covered Property
We cover personal property owned or used by
an "insured" while it is anywhere in the world.
After a loss and at your request, we will cover
personal property owned by:
a. Others while the property is on the part of
the "residence premises" occupied by an
“insured"; or
b. A guest or a "residence employee", while
the property is in any residence occupied
by an "insured".
2. Limit For Property At Other Locations
a. Other Residences
Our limit of liability for personal property
usually located at an "insured's" residence,
other than the "residence premises", is
10% of the limit of liability for Coverage C,
or $1,000, whichever is greater. However,
this limitation does not apply to personal
property:
(1) Moved from the “residence premises"
because it is:
(a) Being repaired, renovated or rebuilt;
and
(b) Not fit to live in or store property in;
or
(2) In a newly acquired principal residence
for 30 days from the time you begin to
move the property there.
b. Self-storage Facilities
Our limit of liability for personal property
owned or used by an "insured" and located
in a self-storage facility is 10% of the limit
of liability for Coverage C, or $1,000,
whichever is greater. However, _ this
limitation does not apply to personal
property:
(1) Moved from the "residence premises
because it is:
(a) Being repaired, renovated or rebuilt;
and
(b) Not fit to live in or store property in;
or
(2) Usually located in an "insured's"
residence, other than the “residence
premises".
05-2022-CAFOBG@E9-BKAK-XXFiling 198892 Wf 24
3. Special Limits Of Liability
The special limit for each category shown
below is the total limit for each loss for all
property in that category. These special limits
do not increase the Coverage C limit of liability.
a. $200 on money, bank notes, bullion, gold
other than goldware, silver other than
silverware, platinum other than
platinumware, coins, medals, scrip, stored
value cards and smart cards.
b. $1,500 on securities, accounts, deeds,
evidences of debt, letters of credit, notes
other than bank notes, manuscripts,
personal records, passports, tickets and
stamps. This dollar limit applies to these
categories regardless of the medium (such
as paper or computer software) on which
the material exists.
This limit includes the cost to research,
replace or restore the information from the
lost or damaged material.
c. $1,500 on watercraft of all types, including
their trailers, furnishings, equipment and
outboard engines or motors.
d. $1,500 on trailers or semitrailers not used
with watercraft of all types.
e. $1,500 for loss by theft of jewelry, watches,
furs, precious and semiprecious stones.
$2,500 for loss by theft of firearms and
related equipment.
g. $2,500 for loss by theft of silverware, silver-
plated ware, goldware, gold-plated ware,
platinumware, platinum-plated ware and
pewterware. This includes flatware,
hollowware, tea sets, trays and trophies
made of or including silver, gold or pewter.
h. $2,500 on property, on the "residence
premises", used primarily for "business"
purposes.
. $1,500 on property, away from the
"residence premises", used primarily for
"business" purposes. However, this limit
does not apply to antennas, tapes, wires,
records, disks or other media that are:
(1) Used with electronic equipment that
reproduces, receives or transmits audio,
visual or data signals; and
(2) In or upon a "motor vehicle".
j. $1,500 on portable electronic equipment
that:
(1) Reproduces, receives or transmits
audio, visual or data signals;
=~
VS © Insurance Services Office, Inc., 2010
(2) Is designed to be operated by more
than one power source, one of which is
a “motor vehicle's" electrical system;
and
(3) Is in or upon a “motor vehicle".
k. $250 for antennas, tapes, wires, records,
disks or other media that are:
(1) Used with electronic equipment that
reproduces, receives or transmits audio,
visual or data signals; and
(2) In or upon a "motor vehicle".
4, Property Not Covered
We do not cover:
a. Articles separately described and
specifically insured, regardless of the limit
for which they are insured, in this or other
insurance;
b. Animals, birds or fish;
¢. "Motor vehicles”.
This includes a "motor vehicle's" equipment
and parts. However, this Paragraph 4.c.
does not apply to:
(1) Portable electronic equipment that:
(a) Reproduces, receives or transmits
audio, visual or data signals; and
(b) Is designed so that it may be
operated from a power source other
than a "motor vehicle's" electrical
system.
(2) "Motor vehicles" not required to be
registered for use on public roads or
property which are:
(a) Used solely to service a residence;
or
(b) Designed to assist the handicapped;
d. Aircraft, meaning any contrivance used or
designed for flight, including any parts
whether or not attached to the aircraft.
We do cover mode! or hobby aircraft not
used or designed to carry people or cargo;
e. Hovercraft and parts. Hovercraft means a
self-propelled motorized ground effect
vehicle and includes, but is not limited to,
flarecraft and air cushion vehicles;
Property of roomers, boarders and other
tenants, except property of roomers and
boarders related to an "insured";
-
05-2022-GAD 06 2B) OGKK-XXg. Property in an apartment regularly rented
or held for rental to others by an "insured",
except as provided in E.10. Landlord's
Furnishings under Section | — Property
Coverages;
h. Property rented or held for rental to others
off the "residence premises";
. "Business" data, including such data stored
in:
(1) Books of account, drawings or other
paper records; or
(2) Computers and related equipment.
We do cover the cost of blank recording or
storage media and of prerecorded
computer programs available on the retail
market;
. Credit cards, electronic fund transfer cards
3. Civil Authority Prohibits Use
lf a civil authority prohibits you from use of the
“residence premises" as a result of direct
damage to neighboring premises by a Peril
Insured Against, we cover the loss as provided
in 4. Additional Living Expense and 2. Fair
Rental Value above for no more than two
weeks,
4. Loss Or Expense Not Covered
We do not cover loss or expense due to
cancellation of a lease or agreement.
The periods of time under 1. Additional Living
Expense, 2. Fair Rental Value and 3. Civil
Authority Prohibits Use above are not limited by
expiration of this policy.
E. Additional Coverages
1. Debris Removal
or access devices used solely for deposit,
withdrawal or transfer of funds except as
provided in E.6. Credit Card, Electronic
Fund Transfer Card Or Access Device,
Forgery And Counterfeit Money under
Section | — Property Coverages; or
k. Water or steam.
D. Coverage D — Loss Of Use
The limit of liability for Coverage D is the total limit
for the coverages in 1. Additional Living Expense,
2. Fair Rental Value and 3. Civil Authority
Prohibits Use below.
1. Additional Living Expense
If a loss covered under Section | makes that
part of the "residence premises" where you
reside not fit to live in, we cover any necessary
increase in living expenses incurred by you so
that your household can maintain its normal
standard of living.
Payment will be for the shortest time required
to repair or replace the damage or, if you
permanently relocate, the shortest time
required for your household to settle
elsewhere.
2. Fair Rental Value
If a loss covered under Section | makes that
part of the "residence premises" rented to
others or held for rental by you not fit to live in,
we cover the fair rental value of such premises
less any expenses that do not continue while it
is not fit to live in.
Payment will be for the shortest time required
to repair or replace such premises.
Filing 1689290 0&8 05 14 VS © Insurance Services Office, Inc., 2010
a. We will pay your reasonable expense for
the removal of:
{1) Debris of covered property if a Peril
Insured Against that applies to the
damaged property causes the loss; or
(2) Ash, dust or particles from a volcanic
eruption that has caused direct loss to a
building or property contained in a
building.
This expense is included in the limit of
liability that applies to the damaged
property. If the amount to be paid for the
actual damage to the property plus the
debris removal expense is more than the
limit of liability for the damaged property,
an additional 5% of that limit is available for
such expense.
b. We will also pay your reasonable expense,
up to $1,000, for the removal from the
"residence premises" of:
(1) Your trees felled by the peril of
Windstorm or Hail or Weight of Ice,
Snow or Sleet; or
(2) A neighbor's trees felled by a Peril
Insured Against under Coverage C;
provided the trees:
(3) Damage a covered structure; or
(4) Do not damage a covered structure,
but:
(a) Block a driveway on the "residence
premises" which prevents a "motor
vehicle", that is registered for use on
public roads or property, from
entering or leaving the “residence
premises"; or
05-2022-CAFOBG@80-BKAK-XXFiling 198892 6/8f 24
(b) Block a ramp or other fixture
designed to assist a handicapped
person to enter or leave the dwelling
building.
The $1,000 limit is the most we will pay in
any one loss, regardiess of the number of
fallen trees. No more than $500 of this limit
will be paid for the removal of any one tree.
This coverage is additional insurance.
2. Reasonable Repairs
a. We will pay the reasonable cost incurred by
you for the necessary measures taken
solely to protect covered property that is
damaged by a Peril Insured Against from
further damage.
b. If the measures taken involve repair to
other damaged property, we will only pay if
that property is covered under this policy
and the damage is caused by a Peril
Insured Against. This coverage does not:
(1) Increase the limit of liability that applies
to the covered property; or
(2) Relieve you of your duties, in case of a
loss to covered property, described in
C.4. under Section |— Conditions.
3. Trees, Shrubs And Other Plants
We cover trees, shrubs, plants or lawns, on the
"residence premises", for loss caused by the
following Perils Insured Against:
a. Fire or Lightning;
. Explosion;
. Riot or Civil Commotion;
|. Aircraft;
. Vehicles not owned or operated by a
resident of the "residence premises";
f. Vandalism or Malicious Mischief; or
g. Theft.
We will pay up to 5% of the limit of liability that
applies to the dwelling for all trees, shrubs,
plants or lawns. No more than $500 of this limit
will be paid for any one tree, shrub or plant.
We do not cover property grown for "business"
purposes.
This coverage is additional insurance.
eoaos
VS © Insurance Services Office, Inc., 2010
4. Fire Department Service Charge
We will pay up to $500 for your liability
assumed by contract or agreement for fire
department charges incurred when the fire
department is called to save or protect covered
property from a Peril Insured Against. We do
not cover fire department service charges if the
property is located within the limits of the city,
municipality or protection district furnishing the
fire department response.
This coverage is additional insurance. No
deductible applies to this coverage.
. Property Removed
We insure covered property against direct loss
from any cause while being removed from a
premises endangered by a Peril Insured
Against and for no more than 30 days while
removed.
This coverage does not change the limit of
liability that applies to the property being
removed.
. Credit Card, Electronic Fund Transfer Card
Or Access Device, Forgery And Counterfeit
Money
a. We will pay up to $500 for:
(1) The legal obligation of an "insured" to
pay because of the theft or
unauthorized use of credit cards issued
to or registered in an "insured's" name;
(2) Loss resulting from theft or
unauthorized use of an electronic fund
transfer card or access device used for
deposit, withdrawal or transfer of funds,
issued to or registered in an "insured's"
name;
(3) Loss to an "insured" caused by forgery
or alteration of any check or negotiable
instrument; and
{4) Loss to an "insured" through
acceptance in good faith of counterfeit
United States or Canadian paper
currency.
All loss resulting from a series of acts
committed by any one person or in which
any one person is concerned or implicated
is considered to be one loss.
05-2022-GAD 06 2B) OGKK-XXFiling 1689290 0&8 05 14
This coverage is additional insurance. No
deductible applies to this coverage.
b. We do not cover:
(1) Use of a credit card, electronic fund
transfer card or access device:
(a) By a resident of your household;
(b) By a person who has been entrusted
with either type of card or access
device; or
(c) If an "insured" has not complied with
all terms and conditions under which
the cards are issued or the devices
accessed; or
(2) Loss arising out of "business" use or
dishonesty of an "insured",
c. If the coverage in a. above applies, the
following defense provisions also apply:
(1) We may investigate and settle any claim
or suit that we decide is appropriate.
Our duty to defend a claim or suit ends
when the amount we pay for the loss
equals our limit of liability.
(2) If a suit is brought against an "insured"
for liability under a.(1) or (2) above, we
will provide a defense at our expense by
counsel of our choice.
We have the option to defend at our
expense an “insured" or an “insured's"
bank against any suit for the
enforcement of payment under a.(3)
above.
@
7. Loss Assessment
a. We will pay up to $1,000 for your share of
loss assessment charged during the policy
period against you, as owner or tenant of
the "residence premises", by a corporation
or association of property owners. The
assessment must be made as a result of
direct loss to property, owned by all
members collectively, of the type that would
be covered by this policy if owned by you,
caused by a Peril Insured Against under
Coverage A, other than:
(1) Earthquake; or
(2) Land shock waves or tremors before,
during or after a volcanic eruption.
The limit of $1,000 is the most we will pay
with respect to any one loss, regardless of
the number of assessments. We will only
apply one deductible, per unit, to the total
amount of any one loss to the property
described above, regardless of the number
of assessments.
VS © Insurance Services Office, Inc., 2010
b. We do not cover assessments charged
against you or a corporation or association
of property owners by any governmental
body.
c. Paragraph Q. Policy Period under Section I
- Conditions does not apply to this
coverage.
This coverage is additional insurance.
. Collapse
a. The coverage provided under _ this
Additional Coverage — Collapse applies
only to an abrupt collapse.
b. For the purpose of this Additional Coverage
- Collapse, abrupt collapse means an
abrupt falling down or caving in of a
building or any part of a building with the
result that the building or part of the
building cannot be occupied for its intended
purpose.
c. This Additional Coverage — Collapse does
not apply to:
(4) A building or any part of a building that
is in danger of falling down or caving in;
(2) A part of a building that is standing,
even if it has separated from another
part of the building; or
(3) A building or any part of a building that
is standing, even if it shows evidence of
cracking, bulging, sagging, bending,
leaning, settling, shrinkage or
expansion.
d. We insure for direct physical loss to
covered property involving abrupt collapse
of a building or any part of a building if such
collapse was caused by one or more of the
following:
(1) The Perils Insured Against named
under Coverage C;
(2) Decay, of a building or any part of a
building, that is hidden from view,
unless the presence of such decay is
known to an "insured" prior to collapse;
(3) Insect or vermin damage, to a building
or any part of a building, that is hidden
from view, unless the presence of such
damage is known to an "insured" prior
to collapse;
Weight of contents, equipment, animals
or people;
Weight of rain which collects on a roof;
or
{4
(5)
05-2022-CADBG@SP-YKAK-XX9.
10,
Filing 189892 8/8f 24
(6) Use of defective material or methods in
construction, remodeling or renovation if
the collapse occurs during the course of
the construction, remodeling — or
renovation.
e. Loss to an awning, fence, patio, deck,
pavement, swimming pool, underground
pipe, flue, drain, cesspool, septic tank,
foundation, retaining wall, bulkhead, pier,
wharf or dock is not included under d.(2)
through (6) above, unless the loss is a
direct result of the collapse of a building or
any part of a building.
This coverage does not increase the limit of
liability that applies to the damaged
covered property.
Glass Or Safety Glazing Material
a. We cover:
(1) The breakage of glass or safety glazing
material which is part of a covered
building, storm door or storm window;
(2) The breakage of glass or safety glazing
material which is part of a covered
building, storm door or storm window
when caused directly by earth
movement; and
(3) The direct physical loss to covered
property caused solely by the pieces,
fragments or splinters of broken glass or
safety glazing material which is part of a
building, storm door or storm window.
b. This coverage does not include loss:
(1) To covered property which results
because the glass or safety glazing
material has been broken, except as
provided in a.(3) above; or
(2) On the "residence premises" if the
dwelling has been vacant for more than
60 consecutive days immediately before
the loss, except when the breakage
results directly from earth movement as
provided in a(2) above. A dwelling
being constructed is not considered
vacant.
c. This coverage does not increase the limit of
liability that applies to the damaged
property.
Landlord's Furnishings
We will pay up to $2,500 for your appliances,
carpeting and other household furnishings, in
each apartment on the “residence premises"
regularly rented or held for rental to others by
in “insured”, for loss caused by a Peril Insured
Against in Coverage C, other than Theft.
_
VS © Insurance Services Office, Inc., 2010
This limit is the most we will pay in any one
loss regardless of the number of appliances,
carpeting or other household furnishings
involved in the loss.
This coverage does not increase the limit of
liability applying to the damaged property.
11. Ordinance Or Law
a. You may use up to 10% of the limit of
liability that applies to Coverage A for the
increased costs you incur due to the
enforcement of any ordinance or law which
requires or regulates:
(1) The construction, demolition,
remodeling, renovation or repair of that
part of a covered building or other
structure damaged by a Peril Insured
Against;
(2) The demolition and reconstruction of the
undamaged part of a covered building
or other structure, when that building or
other structure must be _ totally
demolished because of damage by a
Peril Insured Against to another part of
that covered building or other structure;
or
(3) The remodeling, removal or
replacement of the portion of the
undamaged part of a covered building
or other structure necessary to
complete the remodeling, repair or
replacement of that part of the covered
building or other structure damaged by
a Peril Insured Against.
b. You may use all or part of this ordinance or
law coverage to pay for the increased costs
you incur to remove debris resulting from
the construction, demolition, remodeling,
renovation, repair or replacement of
property as stated in a. above.
c. We do not cover:
(1) The loss in value to any covered
building or other structure due to the
requirements of any ordinance or law;
or
(2) The costs to comply with any ordinance
or law which requires any “insured” or
others to test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, pollutants in or on
any covered building or other structure.
05-2022-GAD 06 2B) OGKK-XX12.
Pollutants means any solid, liquid,
gaseous or thermal irritant or
contaminant, including smoke, vapor,
soot, fumes, acids, alkalis, chemicals
and waste. Waste includes materials to
be recycled, reconditioned or reclaimed.
This coverage is additional insurance.
Grave Markers
We will pay up to $5,000 for grave markers,
including mausoleums, on or away from the
"residence premises" for loss caused by a Peril
Insured Against under Coverage C.
This coverage does not increase the limits of
liability that apply to the damaged covered
property.
SECTION I —- PERILS INSURED AGAINST
A. Coverage A - Dwelling And Coverage B —
Other Structures
1.
2.
Filing 1689290 0&8 05 14
We insure against direct physical loss to
property described in Coverages A and B.
We do not insure, however, for loss:
a. Excluded under Section | — Exclusions;
b. Involving collapse, including any of the
following conditions of property or any part
of the property:
(1) An abrupt falling down or caving in;
(2) Loss of structural integrity, including
separation of parts of the property or
property in danger of falling down or
caving in; or
(3) Any cracking, bulging, sagging,
bending, leaning, settling, shrinkage or
expansion as such condition relates to
(1) or (2) above;
except as provided in E.8. Collapse under
Section I - Property Coverages; or
c, Caused by:
(1) Freezing of a plumbing, heating, air
conditioning or automatic fire protective
sprinkler system or of a household
appliance, or by discharge, leakage or
overflow from within the system or
appliance caused by freezing. This
provision does not apply if you have
used reasonable care to:
(a) Maintain heat in the building; or
(b) Shut off the water supply and drain
all systems and appliances of water.
2
(3)
(4)
(5)
VS © Insurance Services Office, Inc., 2010
However, if the building is protected by
an automatic fire protective sprinkler
system, you must use reasonable care
to continue the water supply and
maintain heat in the building for
coverage to apply.
For purposes of this provision, a
plumbing system or household
appliance does not include a sump,
sump pump or related equipment or a
roof drain, gutter, downspout or similar
fixtures or equipment;
Freezing, thawing, pressure or weight of
water or ice, whether driven by wind or
not, to a:
(a) Fence, pavement, patio or swimming
pool;
(b) Footing, foundation, bulkhead, wall,
or any other structure or device that
supports all or part of a building, or
other structure;
Retaining wall or bulkhead that does
not support all or part of a building or
other structure; or
(d) Pier, wharf or dock;
Theft in or to a dwelling under
construction, or of materials and
supplies for use in the construction until
the dwelling is finished and occupied;
Vandalism and malicious mischief, and
any ensuing loss caused by any
intentional and wrongful act committed
in the course of the vandalism or
malicious mischief, if the dwelling has
been vacant for more than 60
consecutive days immediately before
the loss. A dwelling being constructed is
not considered vacant;
Mold, fungus or wet rot. However, we
do insure for loss caused by mold,
fungus or wet rot that is hidden within
the walls or ceilings or beneath the
floors or above the ceilings of a
structure if such loss results from the
accidental discharge or overflow of
water or steam from within:
(a) A plumbing, heating, air conditioning
or automatic fire protective sprinkler
system, or a household appliance,
on the “residence premises"; or
A storm drain, or water, steam or
sewer pipes, off the "residence
premises”.
(c
(
05-2022-CAFOBGR29-BKAK-XXFiling 188892 1 of 24
For purposes of this provision, a
plumbing system or household
appliance does not include a sump,
sump pump or related equipment or a
roof drain, gutter, downspout or similar
fixtures or equipment; or
(6) Any of the following:
(a) Wear and tear, marring,
deterioration;
(b) Mechanical breakdown, latent
defect, inherent vice or any quality in
property that causes it to damage or
destroy itself;
(c) Smog, rust or other corrosion, or dry
rot;
(d) Smoke from agricultural smudging or
industrial operations;
Discharge, dispersal, seepage,
migration, release or escape of
pollutants unless the discharge,
dispersal, seepage, migration,
release or escape is itself caused by
a Peril Insured Against named under
Coverage C.
Pollutants means any solid, liquid,
gaseous or thermal irritant or
contaminant, including smoke,
vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste
includes materials to be recycled,
reconditioned or reclaimed;
(f) Settling, shrinking, bulging — or
expansion, including resultant
cracking, of bulkheads, pavements,
patios, footings, foundations, walls,
floors, roofs or ceilings;
(g) Birds, rodents or insects;
(h) Nesting or infestation, or discharge
or release of waste products or
secretions, by any animals; or
(i) Animals owned or kept by an
"insured".
Exception To c.(6)
Unless the loss is otherwise excluded, we
cover loss to property covered under
Coverage A or B resulting from an
accidental discharge or overflow of water or
steam from within a:
(i) Storm drain, or water, steam or
sewer pipe, off the "residence
(e
(ii) Plumbing, heating, air
conditioning or automatic fire
protective sprinkler system or
household appliance on the
“residence premises". — This
includes the cost to tear out and
replace any part of a building, or
other structure, on the "residence
premises", but only when
necessary to repair the system or
appliance. However, such tear
out and replacement coverage
only applies to other structures if
the water or steam causes actual
damage to a building on the
“residence premises".
We do not cover loss to the system or
appliance from which this water or steam
escaped.
For purposes of this provision, a plumbing
system or household appliance does not
include a sump, sump pump or related
equipment or a roof drain, gutter,
downspout or similar fixtures or equipment.
Section | — Exclusion A.3. Water, Paragraphs
a. and c. that apply to surface water and water
below the surface of the ground do not apply to
loss by water covered under c.(5) and (6)
above.
Under 2.b. and c. above, any ensuing loss to
property described in Coverages A and B not
precluded by any other provision in this policy
is covered.
B. Coverage C - Personal Property
We insure for direct physical loss to the property
described in Coverage C caused by any of the
following perils unless the loss is excluded in
Section | — Exclusions.
41. Fire Or Lightning
2. Windstorm Or Hail
This peril includes loss to watercraft of all
types and their trailers, furnishings, equipment,
and outboard engines or motors, only while
inside a fully enclosed building.
This peril does not include loss to the property
contained in a building caused by rain, snow,
sleet, sand or dust unless the direct force of
wind or hail damages the building causing an
opening in a roof or wall and the rain, snow,
sleet, sand or dust enters through this opening.
VS © Insurance Services Office, Inc., 2010 05-2022-FUSAEB LAD OGAK-XX»
Filing 1689290 0&8 05 14
. Explosion
|. Riot Or Civil Commotion
. Aircraft
This peril includes self-propelled missiles and
spacecraft.
. Vehicles
. Smoke
This peril means sudden and_ accidental
damage from smoke, including the emission or
puffback of smoke, soot, fumes or vapors from
a boiler, furnace or related equipment.
This peril does not include loss caused by
smoke from agricultural smudging or industrial
operations.
. Vandalism Or Malicious Mischief
. Theft
a. This peril includes attempted theft and loss
of property from a known place when it is
likely that the property has been stolen.
b. This peril does not include loss caused by
theft:
(1) Committed by an "insured";
(2) In or to a dwelling under construction, or
of materials and supplies for use in the
construction until the dwelling is finished
and occupied;
(3) From that part of a _ "residence
premises" rented by an "insured" to
someone other than another "insured",
or
(4) That occurs off the
premises" of:
(a) Trailers, semitrailers and campers;
(b) Watercraft of all types, and their
furnishings, equipment and outboard
engines or motors; or
(c) Property while at any other
residence owned by, rented to, or
occupied by an "insured", except
while an "insured" is temporarily
living there. Property of an "insured"
who is a student is covered while at
the residence the student occupies
to attend school as long as the
student has been there at any time
during the 90 days immediately
before the loss.
"residence
10.
411.
12.
13.
VS © Insurance Services Office, Inc., 2010
Falling Objects
This peril does not include loss to property
contained in a building unless the roof or an
outside wall of the building is first damaged by
a falling object. Damage to the falling object
itself is not included.
Weight Of Ice, Snow Or Sleet
This peril means weight of ice, snow or sleet
which causes damage to property contained in
a building.
Accidental Discharge Or Overflow Of Water
Or Steam
a. This peril means accidental discharge or
overflow of water or steam from within a
plumbing, heating, air conditioning or
automatic fire protective sprinkler system or
from within a household appliance.
b. This peril does not include loss:
(1) To the system or appliance from which
the water or steam escaped;
(2) Caused by or resulting from freezing
except as provided in Peril Insured
Against 14, Freezing;
(3) On the "residence premises" caused by
accidental discharge or overflow which
occurs off
Preview
Filing # 163822179 E-Filed 12/29/2022 12:42:33 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CIVIL DIVISION MAHESH PATEL and BELA PATEL, Plaintiffs, CASE NO: v. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / COMPLAINT COME NOW the Plaintiffs; MAHESH PATEL and BELA PATEL (hereinafter “Plaintiffs”), by and through the undersigned attorney, hereby file this Complaint against the Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter “Defendant”), and as grounds therefore, state as follows: General Allegations 1. Atall times relevant hereto, the Plaintiffs are residents of the State of Florida, residing in Brevard County. 2. Atal times relevant hereto, Defendant is an insurance company organized and existing under the laws of the State of Florida and doing business specifically in Brevard County with Plaintiffs. 3. The amount in controversy in this action is greater than Thirty Thousand Dollars ($30,000.00) exclusive of pre-judgment interest, court costs, and attorney's fees. Count I-Breach of Contract 4. Plaintiffs re-allege each and every allegation set forth in Paragraphs 1 through 3 above, as if fully set forth herein. 5. This is an action for damages for breach of insurance contract against Defendant. Filing 163822179 VS 05-2022-CA-058280-XXXX-XX6. Inconsideration of the premium paid to it, Defendant issued to Plaintiffs a contract of insurance, Policy Number. UHV 3391898 08 01, which was in full force and effect at the time of the loss and damage at the insured premises at 830 Whimsical Lane, Malabar, Florida 32950 (hereinafter “Insured Property”). Attached hereto as Exhibit “A” is what Plaintiffs believe to be a correct and complete copy of the policy which underlies this action. 7. During the effective period of the insurance policy, the Insured Property suffered direct physical damage and loss, caused by a sudden, unexpected, and accidental discharge of water, created moisture, and ensuing mold, “fungi”, bacteria, and/or wet or dry rot, perils for which the policy of insurance issued by Defendant provides coverage. 8. The sudden, unexpected, and accidental loss caused Plaintiffs to sustain loss to the interior of the Insured Property. 9. The sudden, unexpected, and accidental loss caused Plaintiffs to incur additional expenses and will continue to cause expenses and loss. 10. Plaintiffs have made a timely claim for the damage and loss. Defendant assigned Claim Number 22FL00170943. 11. Plaintiffs have requested that Defendant pay for damages, but Defendant has failed and refused and continues to refuse to fully pay. 12. The Plaintiffs have done and performed all those matters and things properly required under the insurance policy or, alternatively, have been excused from performance by the acts and/or omissions of Defendant. 13. Notwithstanding the foregoing, Defendant has failed or refused to provide full coverage under the insurance policy and has failed to pay promptly the full amounts due and has thereby breached the contract of insurance. Filing 163822179 VS 05-2022-CA-058280-XXXX-XX14. Asa direct result of Defendant’s breach of insurance contract, Plaintiffs have been financially damaged and continue to suffer damage and loss. 15. Asaresult of Defendant’s breach of the insurance contract, it has become necessary for Plaintiffs to incur and become obligated for attorney's fees and costs in connection with the prosecution of this action. Plaintiffs are entitled to have Defendant pay said fees and costs owed under Florida law. WHEREFORE, the Plaintiffs pray this Court enter judgment in Plaintiffs’ favor and against Defendant for damages including actual and compensatory damages, pre-judgment interest, costs of this action, attorney’s fees, and such other and further relief as this Court may deem appropriate. Filing 163822179 VS 05-2022-CA-058280-XXXX-XXJURY TRIAL DEMANDED Plaintiffs request a trial by jury on all issues so triable. Dated: December 29, 2022 Respectfully submitted, KRAPF LEGAL, PA /s/ Grant W. Krapf’ GRANT W. KRAPF, ESQ. FBN: 072058/SPN: 01287297 KELLER F. FISHER, ESQ. FBN: 126149 2790 Sunset Point Road Clearwater, FL 33759 Telephone: (727) 777-7450 E-mail for service: assist@krapflegal.com Counsel for Plaintiffs Filing 163822179 VS 05-2022-CA-058280-XXXX-XXEXHIBIT “6A” Filing 163822179 VS 05-2022-CA-058280-XXXX-XXUPCZS INSURANCE UNITED PROPERTY & CASUALTY INSURANCE CO PO Box 30763 Tampa, FL 33630-3763 HOMEOWNERS DECLARATIONS 08/19/2022 05/19/2023 UHV 3391898 08 01 i the residence premises. [=m DECLARATION Effective: 05/19/2022 Date Issued: 03/1 8/2022 INSURED: — MAHESH M PATEL BELA M PATEL 830 WHIMSICAL LN MALABAR FL 32950-3104 Telephone: 321-951-4951 SHOFF INSURANCE, INC 2350 MINTON RD, STE 14 WEST MELBOURNE FL 32904 Telephone: 321-952-0606 The residence premises covered by this policy is located at the address listed below. 830 WHIMSICAL LN, MALABAR FL 32950 IF PAYMENT !S NOT RECEIVED ON OR BEFORE THE POLICY RENEWAL EFFECTIVE DATE, THIS POLICY WILL NOT BE IN FORCE. Coverage is provided where premium and limit of liability is shown. Flood coverage is not provided and is not a part of this policy. SECTION I COVERAGE A. DWELLING B. OTHER STRUCTURES C. PERSONAL PROPERTY D. LOSS OF USE SECTION Il COVERAGE E. PERSONAL LIABILITY F. MEDICAL PAYMENTS OPTIONAL COVERAGES Premium charge for Hurricane Exposure: Hurricane Deductible per calendar year: All Other Peril Deductible: $2,500 LIMIT OF LIABILITY PREMIUMS $944,000.00 $8,242.00 $18,880.00 INCLUDED $236,080.00 - $590.00 $188,800.00 INCLUDED $300,000.00 $18.00 1000.00 INCLUDED $4,620.00 $18,880 / 2% of Coverage A Sinkhole Deductible per sinkhole loss: $94,400 / 10% of Coverage A TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $7,751.00 The amount of premium change due to approved rate change is 3,931.00 The amount of premium change due to coverage change is 299.00 COVERAGES HAVE BEEN INCREASED TO HELP KEEP PACE WITH RISING REPLACEMENT COST. PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. _FORMS AND ENDORSEMENTS | : HO 0003 (05/11) HO 0334 (05/1 3) COUNTERSIGNED DATE 03/18/2022 HO 0350 (0827) HO 0355 (05/13) HO 0416 (10/00) HO 0446 (10/00) . eee HO 0496 (04/91) HO 2370 (05/13) BY Ja fo Continued on Forms Schedule ADDITIONAL INTERESTS MORTGAGEE 3000648729 ROUNDPOINT MTGE SERVICING CORP. SOSAATIMA PHOENIX KE 85062-2927 UPC 101 0119 AGENT COPY Page 1 of 4 Filing 163822179 VS 05-2022-CA-058280-XXXX-XXUPCZS HOMEOWNERS DECLARATIONS INSURANCE POLICY NUMBER POLICY PERIOD UNITED PROPERTY & CASUALTY INS CO From To PO Box 30763 UHV 3391898 08 01 | 05/19/2022 05/19/2023 Tampa, FL 33630-3763 42:01 a.m. at the residence premises. RENEWAL DECLARATION Effective: 05/19/2022 Date Issued:03/18/2022 INSURED: AGENT: 1004060 MAHESH M PATEL SHOFF INSURANCE, INC BELA M PATEL 2350 MINTON RD, STE 1 830 WHIMSICAL LN WEST MELBOURNE FL 32904 MALABAR FL. 32950-3104 Telephone: 321-951-4951 Telephone: 321-952-0606 The residence premises covered by this policy is located at the above insured address unless otherwise stated below: 830 WHIMSICAL LN, MALABAR FL 32950 Premium: SECTION I, SECTION II AND OPTIONAL PREMIUMS $7,724.00 EMERGENCY MANAGEMENT TRUST FUND SURCHARGE $2.00 MANAGING GENERAL AGENCY (MGA) POLICY FEE $25.00 FL INS GUAR ASSOC ASSESS $54.00 TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES $7,751.00 NOTE: The portion of your premium for Hurricane Coverage is: $4,620.00 The portion of your premium for All Other Coverages is: $3,050.00 An adjustment of -5.8% is included to reflect the Building Code grade for your area. Adjustments range from 1% surcharge to 46.1% credit. Your policy includes endorsement HO 04 46 Inflation Guard - which automatically increases the amount of Dwelling Coverage by the annual percentage amount shown below. Therefore , your hurricane deductible may be higher than indicated on the policy when a hurricane loss occurs due to application of this endorsement. FLOOD CARRIER N/A FLOOD ZONE NIA BFE N/A LFE NIA FORM TYPE HO-3 YEAR BUILT 2014 TOWN/ROW HOUSE N/A CONSTRUCT TYPE F CONSTRUCT SUPERIOR N NUMBER OF FAMILIES 00001 AOP TERRITORY 064 PROTECTION CLASS 04 USE CODE P MUNICIPAL CODE 999999 COUNTY CODE 009 PROT DEVICE/BURGLAR A PROT DEVICE/FIRE A PROT DEV/SPRINKLER N PROT DEV/SHUTTER Y WIND/HAIL EXCLUSION N REPLACEMENT COST —-Y OCCUPANCY CODE OWNER FLOOD CREDIT N SINKHOLE COVERAGE I WIND TERRITORY 0648 WATER PREVENTION CR N INFLATION GUARD 4% Filing 163822179 vs 05-2022-CA-058280-XXXX-XX UPC 1010119 AGENT COPY Page 2 of 4UPCZES HOMEOWNERS DECLARATIONS 1 POLICY NUMBER POLICY PERIOD qT ° NCE UNITED PROPERTY & CASUALTY INS CO PO Box 30763 UHV 3391898 08 01 | o5rtevao22 05/19/2023 Tampa, FL 33630-3763 42:01 a.m. at the residence premises. RENEWAL DECLARATION Effective: 05/19/2022 Date Issued: 03/18/2022 INSURED: AGENT: 1004060 MAHESH M PATEL SHOFF INSURANCE, INC. BELA M PATEL 2350 MINTON RD, STE 1 830 WHIMSICAL LN WEST MELBOURNE FL. 32904 MALABAR FL 32950-3104 Telephone: 321-951-4951 Telephone: 321-952-0606 The residence premises covered by this policy is located at the above insured address unless otherwise stated below: 830 WHIMSICAL LN, MALABAR FL 32950 in LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE | AN_IMPORTANT_ COVERAGE THAT YOU MAY WISH TO RORKGASE. PLEASE DISCUSS WITH YOUR INSURANCE FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU_ MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU A rate adjustment of 82% of wind premium is included to reflect the windstorm mitigation features of your dwelling. Adjustments range from 0% to 89% credit subject to verification that your home meets the windstorm mitigation characteristics of the 2001 Florida Building Code. IN CASE OF A LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES SOLELY TO PROTECT THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS (MAY NOT EXCEED THE GREATER OF $3000 OR 1% OF YOUR COVERAGE A LIMIT OF LIABILITY UNLESS YOU CALL US FIRST AND RECEIVE OUR APPROVAL). PROMPT NOTICE OF THE LOSS MUST BE GIVEN TO US OR YOUR INSURANCE AGENT. EXCEPT FOR REASONABLE EMERGENCY MEASURES, THERE IS NO COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF - (A) 72 HOURS AFTER WE ARE NOTIFIED OF THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVAL BY US. TO REPORT A LOSS OR CLAIM CALL 1(888) 256-3378. ae aeexxes Additional Information *********** This replaces all previously issued policy declarations, if any. The declarations page together with all policy provisions and any other applicable endorsements completes your policy. Filing 163822179 vs 05-2022-CA-058280-XXXX-XX UPC 101 01 19 AGENT COPY Page 3 of 4U PC HOMEOWNERS DECLARATIONS INSURANCE | POLICY NUMBER -PoLicy PERIOD. | UNITED PROPERTY & CASUALTY INS CO fem £ PO Box 30763 [ UHV 3391898 08 01] 05/19/2022 05/19/2023 | Tampa, FL 33630-3763 12:61 am. atthe fesldence premises. FORMS SCHEDULE (continued from page 1) HO 2386 (05/13) * HPINSTALL (11/14) *N003 (04/19) * OIRB11655 (02/10) * OIRB11670 (01/06) “UPC 105 (07/14) UPC 112 (08/99) *UPC 155 (01/06) *UPC 160 (10/05) UPC 164 (06/06) UPC 174 (09/06) UPC 176 (10/12) *UPC 191 (06/21) UPC 192 (07/14) UPC 601 (02/14) UPC 602 (02/14) “UPCNCPT (06/15) Filing 163822179 vs 05-2022-CA-058280-XXXX-XX UPC 101 01 19 AGENT COPY Page 4 of 4Filing 1689290 0&8 05 14 HOMEOWNERS HO 00 03 05 11 HOMEOWNERS 3 — SPECIAL FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS A. In this policy, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident of the same household. "We", us" and "our" refer to the Company providing this insurance. B. In addition, certain words and phrases are defined as follows: 1. "Aircraft Liability", "Hovercraft Liability", "Motor Vehicle Liability". and "Watercraft Liability", subject to the provisions in b. below, mean the following: a. Liability for "bodily injury" or "property damage" arising out of the: (1) Ownership of such vehicle or craft by an “insured”; (2) Maintenance, occupancy, operation, use, loading or unloading of such vehicle or craft by any person; (3) Entrustment of such vehicle or craft by an "insured" to any person; (4) Failure to supervise or negligent supervision of any person involving such vehicle or craft by an "insured"; or (5) Vicarious liability, whether or not imposed by law, for the actions of a child or minor involving such vehicle or craft. b. For the purpose of this definition: (1) Aircraft means any contrivance used or designed for flight except model or hobby aircraft not used or designed to carry people or cargo; (2) Hovercraft means a_ self-propelled motorized ground effect vehicle and includes, but is not limited to, flarecraft and air cushion vehicles; (3) Watercraft means a craft principally 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. VS © Insurance Services Office, Inc., 2010 2. "Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death that results. 3. "Business" means: a. A trade, profession or occupation engaged in on a full-time, part-time or occasional basis; or b. Any other activity engaged in for money or other compensation, except the following: (1) One or more activities, not described in (2) through (4) below, for which no "insured" receives more than $2,000 in total compensation for the 12 months before the beginning of the policy period; (2) Volunteer activities for which no money is received other than payment for expenses incurred to perform the activity; (3) Providing home day care services for which no compensation is received, other than the mutual exchange of such services; or (4) The rendering of home day care services to a relative of an “insured”. 4. "Employee" means an employee of an "insured", or an employee leased to an "insured" by a labor leasing firm under an agreement between an "insured" and the labor leasing firm, whose duties are other than those performed by a "residence employee". 5. "Insured" means: a. You and residents of your household who are: (1) Your relatives; or (2) Other persons under the age of 21 and in your care or the care of a resident of your household who is your relative; b. A student enrolled in school full-time, as defined by the school, who was a resident of your household before moving out to attend school, provided the student is under the age of: (1) 24 and your relative; or 05-2022-CAFOBGRS0-BKAK-XXFiling 169898 WOF 24 (2) 21 and in your care or the care of a resident of your household who is your relative; or c. Under Section I: (1) With respect to animals or watercraft to which this policy applies, any person or organization legally responsible for these animals or watercraft which are owned by you or any person described in 5.a. or b. "Insured" does not mean a person or organization using or having custody of these animals or watercraft in the course of any "business" or without consent of the owner; or (2) With respect to a "motor vehicle" to which this policy applies: (a) Persons while engaged in your employ or that of any person described in 5.a. or b.; or (b) Other persons using the vehicle on an "insured location" with your consent. Under both Sections | and Il, when the word an immediately precedes the word "insured", the words an “insured" together mean one or more "insureds". . "Insured location" means: a. The "residence premises", b. The part of other premises, other structures and grounds used by you as a residence; and (1) Which is shown in the Declarations; or (2) Which is acquired by you during the policy period for your use as a residence; c, Any premises used by you in connection with a premises described in a. and b. above; d. Any part of a premises: (1) Not owned by an "insured"; and (2) Where an “insured" is temporarily residing; e. Vacant land, other than farm land, owned by or rented to an "insured"; f. Land owned by or rented to an "insured" on which a one-, two-, three- or four-family dwelling is being built as a residence for an "insured"; 10. 41. VS © Insurance Services Office, Inc., 2010 g. Individual or family cemetery plots or burial vaults of an "insured"; or h. Any part of a premises occasionally rented to an “insured” for other than “business" use. . "Motor vehicle" means: a. A self-propelled land or amphibious vehicle; or b. Any trailer or semitrailer which is being carried on, towed by or hitched for towing by a vehicle described in a. above. . “Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the policy period, in: a. "Bodily injury"; or b, "Property damage". . "Property damage" means physical injury to, destruction of, or loss of use of tangible property. "Residence employee” means: a. An employee of an "insured", or an employee leased to an "insured" by a labor leasing firm, under an agreement between an “insured" and the labor leasing firm, whose duties are related to the maintenance or use of the “residence premises", including household or domestic services; or b. One who performs similar duties elsewhere not related to the "business" of an “insured". A "residence employee" does not include a temporary employee who is furnished to an "insured" fo substitute for a permanent "residence employee" on leave or to meet seasonal or short-term workload conditions. “Residence premises" means: a. The one-family dwelling where you reside; b. The two-, three- or four-family dwelling where you reside in at least one of the family units; or c. That part of any other building where you reside; and which is shown as the “residence premises” in the Declarations. "Residence premises" also includes other structures and grounds at that location. 05-2022-GAD 06 2B) OGKK-XXFiling 1689290 0&8 05 14 SECTION I - PROPERTY COVERAGES A. Coverage A - Dwelling 1. We cover: a. The dwelling on the “residence premises" shown in the Declarations, including structures attached to the dwelling; and b. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the “residence premises". 2. We do not cover land, including land on which the dwelling is located. B. Coverage B - Other Structures 1. We cover other structures on the "residence premises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection. . We do not cover: a. Land, including land on which the other structures are located; b. Other structures rented or held for rental to any person not a tenant of the dwelling, unless used solely as a private garage; c. Other structures from which any "business" is conducted; or d. Other structures used to store "business" property. However, we do cover a structure that contains "business" property solely owned by an "insured" or a tenant of the dwelling, provided that "business" property does not include gaseous or liquid fuel, other than fuel in a permanently installed fuel tank of a vehicle or craft parked or stored in the structure. . The limit of liability for this coverage will not be more than 10% of the limit of liability that applies to Coverage A. Use of this coverage does not reduce the Coverage A limit of liability. VS © Insurance Services Office, Inc., 2010 C. Coverage C - Personal Property 1. Covered Property We cover personal property owned or used by an "insured" while it is anywhere in the world. After a loss and at your request, we will cover personal property owned by: a. Others while the property is on the part of the "residence premises" occupied by an “insured"; or b. A guest or a "residence employee", while the property is in any residence occupied by an "insured". 2. Limit For Property At Other Locations a. Other Residences Our limit of liability for personal property usually located at an "insured's" residence, other than the "residence premises", is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to personal property: (1) Moved from the “residence premises" because it is: (a) Being repaired, renovated or rebuilt; and (b) Not fit to live in or store property in; or (2) In a newly acquired principal residence for 30 days from the time you begin to move the property there. b. Self-storage Facilities Our limit of liability for personal property owned or used by an "insured" and located in a self-storage facility is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater. However, _ this limitation does not apply to personal property: (1) Moved from the "residence premises because it is: (a) Being repaired, renovated or rebuilt; and (b) Not fit to live in or store property in; or (2) Usually located in an "insured's" residence, other than the “residence premises". 05-2022-CAFOBG@E9-BKAK-XXFiling 198892 Wf 24 3. Special Limits Of Liability The special limit for each category shown below is the total limit for each loss for all property in that category. These special limits do not increase the Coverage C limit of liability. a. $200 on money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum other than platinumware, coins, medals, scrip, stored value cards and smart cards. b. $1,500 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, personal records, passports, tickets and stamps. This dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the material exists. This limit includes the cost to research, replace or restore the information from the lost or damaged material. c. $1,500 on watercraft of all types, including their trailers, furnishings, equipment and outboard engines or motors. d. $1,500 on trailers or semitrailers not used with watercraft of all types. e. $1,500 for loss by theft of jewelry, watches, furs, precious and semiprecious stones. $2,500 for loss by theft of firearms and related equipment. g. $2,500 for loss by theft of silverware, silver- plated ware, goldware, gold-plated ware, platinumware, platinum-plated ware and pewterware. This includes flatware, hollowware, tea sets, trays and trophies made of or including silver, gold or pewter. h. $2,500 on property, on the "residence premises", used primarily for "business" purposes. . $1,500 on property, away from the "residence premises", used primarily for "business" purposes. However, this limit does not apply to antennas, tapes, wires, records, disks or other media that are: (1) Used with electronic equipment that reproduces, receives or transmits audio, visual or data signals; and (2) In or upon a "motor vehicle". j. $1,500 on portable electronic equipment that: (1) Reproduces, receives or transmits audio, visual or data signals; =~ VS © Insurance Services Office, Inc., 2010 (2) Is designed to be operated by more than one power source, one of which is a “motor vehicle's" electrical system; and (3) Is in or upon a “motor vehicle". k. $250 for antennas, tapes, wires, records, disks or other media that are: (1) Used with electronic equipment that reproduces, receives or transmits audio, visual or data signals; and (2) In or upon a "motor vehicle". 4, Property Not Covered We do not cover: a. Articles separately described and specifically insured, regardless of the limit for which they are insured, in this or other insurance; b. Animals, birds or fish; ¢. "Motor vehicles”. This includes a "motor vehicle's" equipment and parts. However, this Paragraph 4.c. does not apply to: (1) Portable electronic equipment that: (a) Reproduces, receives or transmits audio, visual or data signals; and (b) Is designed so that it may be operated from a power source other than a "motor vehicle's" electrical system. (2) "Motor vehicles" not required to be registered for use on public roads or property which are: (a) Used solely to service a residence; or (b) Designed to assist the handicapped; d. Aircraft, meaning any contrivance used or designed for flight, including any parts whether or not attached to the aircraft. We do cover mode! or hobby aircraft not used or designed to carry people or cargo; e. Hovercraft and parts. Hovercraft means a self-propelled motorized ground effect vehicle and includes, but is not limited to, flarecraft and air cushion vehicles; Property of roomers, boarders and other tenants, except property of roomers and boarders related to an "insured"; - 05-2022-GAD 06 2B) OGKK-XXg. Property in an apartment regularly rented or held for rental to others by an "insured", except as provided in E.10. Landlord's Furnishings under Section | — Property Coverages; h. Property rented or held for rental to others off the "residence premises"; . "Business" data, including such data stored in: (1) Books of account, drawings or other paper records; or (2) Computers and related equipment. We do cover the cost of blank recording or storage media and of prerecorded computer programs available on the retail market; . Credit cards, electronic fund transfer cards 3. Civil Authority Prohibits Use lf a civil authority prohibits you from use of the “residence premises" as a result of direct damage to neighboring premises by a Peril Insured Against, we cover the loss as provided in 4. Additional Living Expense and 2. Fair Rental Value above for no more than two weeks, 4. Loss Or Expense Not Covered We do not cover loss or expense due to cancellation of a lease or agreement. The periods of time under 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use above are not limited by expiration of this policy. E. Additional Coverages 1. Debris Removal or access devices used solely for deposit, withdrawal or transfer of funds except as provided in E.6. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money under Section | — Property Coverages; or k. Water or steam. D. Coverage D — Loss Of Use The limit of liability for Coverage D is the total limit for the coverages in 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use below. 1. Additional Living Expense If a loss covered under Section | makes that part of the "residence premises" where you reside not fit to live in, we cover any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living. Payment will be for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle elsewhere. 2. Fair Rental Value If a loss covered under Section | makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the fair rental value of such premises less any expenses that do not continue while it is not fit to live in. Payment will be for the shortest time required to repair or replace such premises. Filing 1689290 0&8 05 14 VS © Insurance Services Office, Inc., 2010 a. We will pay your reasonable expense for the removal of: {1) Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or (2) Ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a building. This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged property, an additional 5% of that limit is available for such expense. b. We will also pay your reasonable expense, up to $1,000, for the removal from the "residence premises" of: (1) Your trees felled by the peril of Windstorm or Hail or Weight of Ice, Snow or Sleet; or (2) A neighbor's trees felled by a Peril Insured Against under Coverage C; provided the trees: (3) Damage a covered structure; or (4) Do not damage a covered structure, but: (a) Block a driveway on the "residence premises" which prevents a "motor vehicle", that is registered for use on public roads or property, from entering or leaving the “residence premises"; or 05-2022-CAFOBG@80-BKAK-XXFiling 198892 6/8f 24 (b) Block a ramp or other fixture designed to assist a handicapped person to enter or leave the dwelling building. The $1,000 limit is the most we will pay in any one loss, regardiess of the number of fallen trees. No more than $500 of this limit will be paid for the removal of any one tree. This coverage is additional insurance. 2. Reasonable Repairs a. We will pay the reasonable cost incurred by you for the necessary measures taken solely to protect covered property that is damaged by a Peril Insured Against from further damage. b. If the measures taken involve repair to other damaged property, we will only pay if that property is covered under this policy and the damage is caused by a Peril Insured Against. This coverage does not: (1) Increase the limit of liability that applies to the covered property; or (2) Relieve you of your duties, in case of a loss to covered property, described in C.4. under Section |— Conditions. 3. Trees, Shrubs And Other Plants We cover trees, shrubs, plants or lawns, on the "residence premises", for loss caused by the following Perils Insured Against: a. Fire or Lightning; . Explosion; . Riot or Civil Commotion; |. Aircraft; . Vehicles not owned or operated by a resident of the "residence premises"; f. Vandalism or Malicious Mischief; or g. Theft. We will pay up to 5% of the limit of liability that applies to the dwelling for all trees, shrubs, plants or lawns. No more than $500 of this limit will be paid for any one tree, shrub or plant. We do not cover property grown for "business" purposes. This coverage is additional insurance. eoaos VS © Insurance Services Office, Inc., 2010 4. Fire Department Service Charge We will pay up to $500 for your liability assumed by contract or agreement for fire department charges incurred when the fire department is called to save or protect covered property from a Peril Insured Against. We do not cover fire department service charges if the property is located within the limits of the city, municipality or protection district furnishing the fire department response. This coverage is additional insurance. No deductible applies to this coverage. . Property Removed We insure covered property against direct loss from any cause while being removed from a premises endangered by a Peril Insured Against and for no more than 30 days while removed. This coverage does not change the limit of liability that applies to the property being removed. . Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money a. We will pay up to $500 for: (1) The legal obligation of an "insured" to pay because of the theft or unauthorized use of credit cards issued to or registered in an "insured's" name; (2) Loss resulting from theft or unauthorized use of an electronic fund transfer card or access device used for deposit, withdrawal or transfer of funds, issued to or registered in an "insured's" name; (3) Loss to an "insured" caused by forgery or alteration of any check or negotiable instrument; and {4) Loss to an "insured" through acceptance in good faith of counterfeit United States or Canadian paper currency. All loss resulting from a series of acts committed by any one person or in which any one person is concerned or implicated is considered to be one loss. 05-2022-GAD 06 2B) OGKK-XXFiling 1689290 0&8 05 14 This coverage is additional insurance. No deductible applies to this coverage. b. We do not cover: (1) Use of a credit card, electronic fund transfer card or access device: (a) By a resident of your household; (b) By a person who has been entrusted with either type of card or access device; or (c) If an "insured" has not complied with all terms and conditions under which the cards are issued or the devices accessed; or (2) Loss arising out of "business" use or dishonesty of an "insured", c. If the coverage in a. above applies, the following defense provisions also apply: (1) We may investigate and settle any claim or suit that we decide is appropriate. Our duty to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability. (2) If a suit is brought against an "insured" for liability under a.(1) or (2) above, we will provide a defense at our expense by counsel of our choice. We have the option to defend at our expense an “insured" or an “insured's" bank against any suit for the enforcement of payment under a.(3) above. @ 7. Loss Assessment a. We will pay up to $1,000 for your share of loss assessment charged during the policy period against you, as owner or tenant of the "residence premises", by a corporation or association of property owners. The assessment must be made as a result of direct loss to property, owned by all members collectively, of the type that would be covered by this policy if owned by you, caused by a Peril Insured Against under Coverage A, other than: (1) Earthquake; or (2) Land shock waves or tremors before, during or after a volcanic eruption. The limit of $1,000 is the most we will pay with respect to any one loss, regardless of the number of assessments. We will only apply one deductible, per unit, to the total amount of any one loss to the property described above, regardless of the number of assessments. VS © Insurance Services Office, Inc., 2010 b. We do not cover assessments charged against you or a corporation or association of property owners by any governmental body. c. Paragraph Q. Policy Period under Section I - Conditions does not apply to this coverage. This coverage is additional insurance. . Collapse a. The coverage provided under _ this Additional Coverage — Collapse applies only to an abrupt collapse. b. For the purpose of this Additional Coverage - Collapse, abrupt collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. c. This Additional Coverage — Collapse does not apply to: (4) A building or any part of a building that is in danger of falling down or caving in; (2) A part of a building that is standing, even if it has separated from another part of the building; or (3) A building or any part of a building that is standing, even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. d. We insure for direct physical loss to covered property involving abrupt collapse of a building or any part of a building if such collapse was caused by one or more of the following: (1) The Perils Insured Against named under Coverage C; (2) Decay, of a building or any part of a building, that is hidden from view, unless the presence of such decay is known to an "insured" prior to collapse; (3) Insect or vermin damage, to a building or any part of a building, that is hidden from view, unless the presence of such damage is known to an "insured" prior to collapse; Weight of contents, equipment, animals or people; Weight of rain which collects on a roof; or {4 (5) 05-2022-CADBG@SP-YKAK-XX9. 10, Filing 189892 8/8f 24 (6) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling — or renovation. e. Loss to an awning, fence, patio, deck, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf or dock is not included under d.(2) through (6) above, unless the loss is a direct result of the collapse of a building or any part of a building. This coverage does not increase the limit of liability that applies to the damaged covered property. Glass Or Safety Glazing Material a. We cover: (1) The breakage of glass or safety glazing material which is part of a covered building, storm door or storm window; (2) The breakage of glass or safety glazing material which is part of a covered building, storm door or storm window when caused directly by earth movement; and (3) The direct physical loss to covered property caused solely by the pieces, fragments or splinters of broken glass or safety glazing material which is part of a building, storm door or storm window. b. This coverage does not include loss: (1) To covered property which results because the glass or safety glazing material has been broken, except as provided in a.(3) above; or (2) On the "residence premises" if the dwelling has been vacant for more than 60 consecutive days immediately before the loss, except when the breakage results directly from earth movement as provided in a(2) above. A dwelling being constructed is not considered vacant. c. This coverage does not increase the limit of liability that applies to the damaged property. Landlord's Furnishings We will pay up to $2,500 for your appliances, carpeting and other household furnishings, in each apartment on the “residence premises" regularly rented or held for rental to others by in “insured”, for loss caused by a Peril Insured Against in Coverage C, other than Theft. _ VS © Insurance Services Office, Inc., 2010 This limit is the most we will pay in any one loss regardless of the number of appliances, carpeting or other household furnishings involved in the loss. This coverage does not increase the limit of liability applying to the damaged property. 11. Ordinance Or Law a. You may use up to 10% of the limit of liability that applies to Coverage A for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates: (1) The construction, demolition, remodeling, renovation or repair of that part of a covered building or other structure damaged by a Peril Insured Against; (2) The demolition and reconstruction of the undamaged part of a covered building or other structure, when that building or other structure must be _ totally demolished because of damage by a Peril Insured Against to another part of that covered building or other structure; or (3) The remodeling, removal or replacement of the portion of the undamaged part of a covered building or other structure necessary to complete the remodeling, repair or replacement of that part of the covered building or other structure damaged by a Peril Insured Against. b. You may use all or part of this ordinance or law coverage to pay for the increased costs you incur to remove debris resulting from the construction, demolition, remodeling, renovation, repair or replacement of property as stated in a. above. c. We do not cover: (1) The loss in value to any covered building or other structure due to the requirements of any ordinance or law; or (2) The costs to comply with any ordinance or law which requires any “insured” or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants in or on any covered building or other structure. 05-2022-GAD 06 2B) OGKK-XX12. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. This coverage is additional insurance. Grave Markers We will pay up to $5,000 for grave markers, including mausoleums, on or away from the "residence premises" for loss caused by a Peril Insured Against under Coverage C. This coverage does not increase the limits of liability that apply to the damaged covered property. SECTION I —- PERILS INSURED AGAINST A. Coverage A - Dwelling And Coverage B — Other Structures 1. 2. Filing 1689290 0&8 05 14 We insure against direct physical loss to property described in Coverages A and B. We do not insure, however, for loss: a. Excluded under Section | — Exclusions; b. Involving collapse, including any of the following conditions of property or any part of the property: (1) An abrupt falling down or caving in; (2) Loss of structural integrity, including separation of parts of the property or property in danger of falling down or caving in; or (3) Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such condition relates to (1) or (2) above; except as provided in E.8. Collapse under Section I - Property Coverages; or c, Caused by: (1) Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household appliance, or by discharge, leakage or overflow from within the system or appliance caused by freezing. This provision does not apply if you have used reasonable care to: (a) Maintain heat in the building; or (b) Shut off the water supply and drain all systems and appliances of water. 2 (3) (4) (5) VS © Insurance Services Office, Inc., 2010 However, if the building is protected by an automatic fire protective sprinkler system, you must use reasonable care to continue the water supply and maintain heat in the building for coverage to apply. For purposes of this provision, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment; Freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to a: (a) Fence, pavement, patio or swimming pool; (b) Footing, foundation, bulkhead, wall, or any other structure or device that supports all or part of a building, or other structure; Retaining wall or bulkhead that does not support all or part of a building or other structure; or (d) Pier, wharf or dock; Theft in or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is finished and occupied; Vandalism and malicious mischief, and any ensuing loss caused by any intentional and wrongful act committed in the course of the vandalism or malicious mischief, if the dwelling has been vacant for more than 60 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant; Mold, fungus or wet rot. However, we do insure for loss caused by mold, fungus or wet rot that is hidden within the walls or ceilings or beneath the floors or above the ceilings of a structure if such loss results from the accidental discharge or overflow of water or steam from within: (a) A plumbing, heating, air conditioning or automatic fire protective sprinkler system, or a household appliance, on the “residence premises"; or A storm drain, or water, steam or sewer pipes, off the "residence premises”. (c ( 05-2022-CAFOBGR29-BKAK-XXFiling 188892 1 of 24 For purposes of this provision, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment; or (6) Any of the following: (a) Wear and tear, marring, deterioration; (b) Mechanical breakdown, latent defect, inherent vice or any quality in property that causes it to damage or destroy itself; (c) Smog, rust or other corrosion, or dry rot; (d) Smoke from agricultural smudging or industrial operations; Discharge, dispersal, seepage, migration, release or escape of pollutants unless the discharge, dispersal, seepage, migration, release or escape is itself caused by a Peril Insured Against named under Coverage C. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed; (f) Settling, shrinking, bulging — or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings; (g) Birds, rodents or insects; (h) Nesting or infestation, or discharge or release of waste products or secretions, by any animals; or (i) Animals owned or kept by an "insured". Exception To c.(6) Unless the loss is otherwise excluded, we cover loss to property covered under Coverage A or B resulting from an accidental discharge or overflow of water or steam from within a: (i) Storm drain, or water, steam or sewer pipe, off the "residence (e (ii) Plumbing, heating, air conditioning or automatic fire protective sprinkler system or household appliance on the “residence premises". — This includes the cost to tear out and replace any part of a building, or other structure, on the "residence premises", but only when necessary to repair the system or appliance. However, such tear out and replacement coverage only applies to other structures if the water or steam causes actual damage to a building on the “residence premises". We do not cover loss to the system or appliance from which this water or steam escaped. For purposes of this provision, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment. Section | — Exclusion A.3. Water, Paragraphs a. and c. that apply to surface water and water below the surface of the ground do not apply to loss by water covered under c.(5) and (6) above. Under 2.b. and c. above, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered. B. Coverage C - Personal Property We insure for direct physical loss to the property described in Coverage C caused by any of the following perils unless the loss is excluded in Section | — Exclusions. 41. Fire Or Lightning 2. Windstorm Or Hail This peril includes loss to watercraft of all types and their trailers, furnishings, equipment, and outboard engines or motors, only while inside a fully enclosed building. This peril does not include loss to the property contained in a building caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening. VS © Insurance Services Office, Inc., 2010 05-2022-FUSAEB LAD OGAK-XX» Filing 1689290 0&8 05 14 . Explosion |. Riot Or Civil Commotion . Aircraft This peril includes self-propelled missiles and spacecraft. . Vehicles . Smoke This peril means sudden and_ accidental damage from smoke, including the emission or puffback of smoke, soot, fumes or vapors from a boiler, furnace or related equipment. This peril does not include loss caused by smoke from agricultural smudging or industrial operations. . Vandalism Or Malicious Mischief . Theft a. This peril includes attempted theft and loss of property from a known place when it is likely that the property has been stolen. b. This peril does not include loss caused by theft: (1) Committed by an "insured"; (2) In or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is finished and occupied; (3) From that part of a _ "residence premises" rented by an "insured" to someone other than another "insured", or (4) That occurs off the premises" of: (a) Trailers, semitrailers and campers; (b) Watercraft of all types, and their furnishings, equipment and outboard engines or motors; or (c) Property while at any other residence owned by, rented to, or occupied by an "insured", except while an "insured" is temporarily living there. Property of an "insured" who is a student is covered while at the residence the student occupies to attend school as long as the student has been there at any time during the 90 days immediately before the loss. "residence 10. 411. 12. 13. VS © Insurance Services Office, Inc., 2010 Falling Objects This peril does not include loss to property contained in a building unless the roof or an outside wall of the building is first damaged by a falling object. Damage to the falling object itself is not included. Weight Of Ice, Snow Or Sleet This peril means weight of ice, snow or sleet which causes damage to property contained in a building. Accidental Discharge Or Overflow Of Water Or Steam a. This peril means accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or from within a household appliance. b. This peril does not include loss: (1) To the system or appliance from which the water or steam escaped; (2) Caused by or resulting from freezing except as provided in Peril Insured Against 14, Freezing; (3) On the "residence premises" caused by accidental discharge or overflow which occurs off