Preview
Filing # 165020876 E-Filed 01/19/2023 10:28:07 AM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR
LEE COUNTY, FLORIDA
JAMES BELL
Plaintiff,
CASE NO.:
VS.
SOUTHERN OAK INSURANCE COMPANY
Defendant.
/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, James Bell, by and through the undersigned attorney and sues the Defendant, Southern
Oak Insurance Company, (“Defendant”), and alleges as follows:
1. This is an action for damages greater than $ 50,000.00, exclusive of interest, costs, and attorneys’ fees.
2. At all times material hereto, Plaintiff, James Bell was and is the owners of property located at 2532
Hopefield Court, Cape Coral, FL 33991.
3. At all times material hereto, the Defendant, Southern Oak Insurance Company, was and is a statutory
corporation and agency, department or subdivision of the State of Florida, and was and is authorized
to do and doing business in Lee County, Florida.
4. Jurisdiction and venue is proper in Lee County, Florida.
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FACTS MATERIAL TO ALL COUNTS
5. Prior to September 28, 2022, Defendant issued a policy of insurance to Plaintiff with the policy
SOIH4870143-02-0001 for Plaintiff’s property located at 2532 Hopefield Court, Cape Coral, FL
33991 (the “Property”). Defendant issued claim number 53621.
6. The policy of insurance issued by Defendant included coverage for dwelling, other structures,
personal property, and loss of use suffered by Plaintiff.
7. At all times material hereto, Plaintiff’s insurance policy with Defendant was in full force and
effect including September 28, 2022, the date of loss.
8. Defendant’s policy under Coverage A – Dwelling and Coverage B – Other Structures provides
that Defendant “insures against risk of direct loss to property…only if that loss is a physical loss
to the property.” See insurance policy attached as Ex. “A”.
9. On or about September 28, 2022, Plaintiff’s dwelling suffered direct, physical damage as a result
of water damage. Said event caused severe damages to Plaintiff’s property. All conditions
precedent to obtaining payment of insurance benefits under the policy and Florida law have been
complied with, met or waived.
10. At all times material hereto, Southern Oak Insurance Company is not immune from liability for
breach of contract pertaining to insurance coverage in accordance with Fla. Stat.
§627.351(6)(s)(1) et. Seq.
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COUNT I—BREACH OF CONTRACT
11. Plaintiff readopts and realleges the allegations contained in paragraphs 1 through 10 above.
12. On or about September 28, 2022, Plaintiff’s property was damaged by a covered loss;
specifically, a leak event resulting in significant damage to the property.
13. Plaintiff gave timely notice of the loss and resulting damage to Defendant and/or its authorized
agents, employees or representatives.
14. As a result of the loss on September 28, 2022, Plaintiff sustained damage to his property including
physical loss to dwelling and loss of use.
15. Defendant has breached the policy of insurance by failing to pay the full amount of damages
sustained by Plaintiff.
16. Defendant continues to refuse to pay the full amount of Plaintiff’s covered losses despite
Plaintiff’s demands for full payment.
17. Plaintiff has been damaged as a result of Defendant’s breach in the form of insurance benefits
due and owing, plus interest, costs, fees, and attorneys’ fees.
18. Plaintiff has retained the undersigned counsel to prosecute this action and is obligated to pay the
undersigned counsel a reasonable attorney’s fee.
19. Plaintiff is entitled to recover reasonable attorney’s fees from Defendant pursuant to F.S. 627.428.
WHEREFORE, Plaintiff demands an entry of judgment in its favor and against the
Defendant for all of their damages, as plead herein, including attorneys’ fees, prejudgment interest, costs,
and for such other and further relief as this Court deems just, proper and equitable.
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DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury.
CERTIFICATE
THIS COMPLAINT IS DATED and Signed January 19, 2023, and was filed by:
FRONTIER LAW GROUP
By: /s/ Alexander Bekker
Alexander Bekker, Esq.
FBN: 124933
Tel: (305) 308-2234
Email: abekker@frontierlawgroup.com
Cole Gale, Esq.
FBN: 105917
Email: cgale@frontierlawgroup.com
PO Box 30592
Fort Lauderdale, FL 33303-0592
Tel: (954) 560-2858
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Exhibit A
eFiled Lee County Clerk of Courts Page 5
Dear Policyholder:
Enclosed is an amended declarations page. The following is a summary of the change(s) to your policy
effective 11/10/2021.
0 0 CHANGED MORTGAGE LOAN NUMBER
0 0 CHANGED MORTGAGEE
Please contact your agent if you have any questions or would like to learn more about the availability of
optional coverages. If you are unable to reach your agent, you may contact our customer service
department toll-free at 877-900-3971.
Thank you for continuing to insure your home with Southern Oak Insurance Company!
Sincerely,
UNDERWRITING DEPARTMENT
SOIUnderwriting@southernoak.com
P.O. Box 45 9020 0 Sunrise, FL 33345-9020
Customer Service: 1.877.900.3971 0 Claim Service 1.877.900.2280
www.southernoak.com
eFiled Lee County Clerk of Courts Page 6
Important Phone Numbers:
Your Agent: (407) 293-1009
Customer Service: (877)-900-3971
Claims Reporting: (877)-900-2280
P.O. Box 45-9020, Sunrise, FL 33345-9020
POLICY NUMBER: SOIH4870143-02-0001
HOMEOWNERS HO-3 POLICY DECLARATIONS
PREMIER PROTECTION
Amended 11/10/2021 - See Notice Page for Details
Policy Effective Date: 11/10/2021 12:01 AM
Policy Expiration Date: 11/10/2022 12:01 AM
Insured Name and Mailing Address:
JAMES BELL YOUR SOUTHERN OAK AGENT IS:
2532 HOPEFIELD CT JOSHUA BARFIELD
CAPE CORAL, FL 33991-3170 BARFIELD INS. & FINANCIAL SERVICES INC.
1106 SPIRIT LAKE RD.
WINTER HAVEN, FL 33880
(407) 293-1009
Insured location covered by this policy:
2532 HOPEFIELD CT
CAPE CORAL, FL 33991-3170
County: LEE
TOTAL ANNUAL POLICY PREMIUM $767.00
The Hurricane portion of the Premium is: $413.00
The Non-Hurricane portion of the Premium is: $354.00
COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE
SECTION I - PROPERTY COVERAGES LIMIT PREMIUM
Coverage - A - (Dwelling) $236,000 $515
Coverage - B - (Other Structures) $4,720 Included
Coverage - C - (Personal Property) $59,000 Included
Coverage - D - (Loss Of Use) $23,600 Included
SECTION I - DEDUCTIBLES In case of a loss, we only cover that part of the loss over the deductible stated or
as otherwise indicated in your policy:
All Other Perils Deductible -$1,000
Windstorm or Hail (Other than Hurricane) Deductible - $1,000
Hurricane Deductible - $4,720 (2% of Coverage A)
SECTION II - LIABILITY COVERAGES
Coverage - E - (Personal Liability) $300,000 $15
Coverage - F - (Medical Payments) $5,000 $10
POLICY FEES $27.00
Managing General Agency Fee $25.00
Emergency Management Preparedness and Assistance Trust Fund Fee $2.00
Print Date 10/22/2021 SOI DEC 001 03 21
Page 1 of 6 Ren: 02, End: 0001
eFiled Lee County Clerk of Courts Page 7
Important Phone Numbers:
Your Agent: (407) 293-1009
Customer Service: (877)-900-3971
Claims Reporting: (877)-900-2280
P.O. Box 45-9020, Sunrise, FL 33345-9020
POLICY NUMBER: SOIH4870143-02-0001
OPTIONAL COVERAGES PREMIUM LIMIT $200.00
SPE HO OL - Ordinance or Law 10% of Coverage A $86.00
SPE HO FMB - Limited Fungi, Mold, Wet or Dry Rot, or Bacteria Included
1. Section I $10,000 / $10,000
2. Section II $50,000
SPE HO LSE - Hurricane Screened Enclosure and Carport $10,000 $114.00
Water Coverage $11,800 (5% of Coverage A) Included
Policy Forms and Endorsements:
SPE HO3 TOC 07 18 HO 00 03 04 91 HO 04 96 04 91 SPE HO SP 03 20
SPE HO WEPW 07 18 SPE HO LWD 12 20 SPE HO FMB 07 18 SPE HO HD 07 18
SPE HO OL 07 18 SPE HO LSE 07 18
Rating Information:
Construction: Masonry Year Built: 2010
Occupied By: Owner Usage Type: Primary
BCEG Grade: 03 Territory: 133 / 133F
Protection Class: 03 Exclude Wind Coverage: No
Burglar Alarm: None Fire Alarm: None
Automatic Sprinklers: None Opening Protection: None
Roof Shape: Hip Stories: 1
Smoker: No Senior/Retired: Yes
Policy Distribution: Electronic Water Protection: None
Accredited Builder: No Insurance Score: A
Distance to Coast: 7320 Floor Area: 1507
Secured Community: Passkey gates to all Roof Material: Tile
Roof Year: entrances Roof Age: 11 years
2010
Print Date 10/22/2021 SOI DEC 001 03 21
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Important Phone Numbers:
Your Agent: (407) 293-1009
Customer Service: (877)-900-3971
Claims Reporting: (877)-900-2280
P.O. Box 45-9020, Sunrise, FL 33345-9020
POLICY NUMBER: SOIH4870143-02-0001
FIRST LIEN
Loan# 8014036702
SERVICEMAC LLC ISAOA/ATIMA
PO BOX 29411
PHOENIX, AZ 85038-9411
Authorized Countersignature:
Print Date 10/22/2021 SOI DEC 001 03 21
Page 3 of 6 Ren: 02, End: 0001
eFiled Lee County Clerk of Courts Page 9
Checklist of Coverage
Policy Type: Homeowner's
(Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's)
The following checklist is for informational purposes only.
Florida law prohibits this checklist from changing any of the provisions of the
insurance contract which is the subject of this checklist.
Any endorsement regarding changes in types of coverage, exclusions, limitations,
reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately.
Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and
may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has
shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and
other types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items,
such as individual heating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter
tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will
reduce confusion that may arise during claims settlement.
Please refer to the policy for details and any exceptions to the coverages listed in this checklist.
All coverages are subject to the provisions and
conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer
assistance is available from the Department of Financial Services, Division of Consumer Services' Helpline at (800) 342-2762 or
www.fldfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Limit of Insurance: $236,000 Loss Settlement Basis: Replacement Cost
(i.e. Replacement Cost, Actual Cash Value, Stated Value, etc.)
Other Structures Coverage (Detached from Dwelling)
Limit of Insurance: $4,720 Loss Settlement Basis: Replacement Cost
(i.e. Replacement Cost, Actual Cash Value, Stated Value, etc.)
Personal Property Coverage
Limit of Insurance: $59,000 Loss Settlement Basis: Actual Cash Value
(i.e. Replacement Cost, Actual Cash Value, Stated Value, etc.)
Deductibles
Annual Hurricane: $4,720 Windstorm or Hail (Other Than Hurricane): $1,000
All Other Perils: $1,000
(New 01/06)
OIR-B1-1670 Page 1 of 4
eFiled Lee County Clerk of Courts Page 10
Checklist of Coverage (continued)
The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against:
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Y Fire or Lightning
Y Hurricane
N Flood (including storm surge) EXCLUDED
Y Windstorm or Hail (other than hurricane)
Y Explosion
Y Riot or Civil Commotion
Y Aircraft
Y Vehicles
Y Smoke
Y Vandalism or Malicious Mischief
Y Theft
Y Falling Objects
Y Weight of Ice, Snow or Sleet
Y Accidental Discharge or Overflow of Water or Steam
Y Sudden and Accidental Tearing Apart, Cracking, Burning or Bulging
Y Freezing
Y Sudden and Accidental Damage from Artificially Generated Electrical Current
Y Volcanic Eruption
N Sinkhole EXCLUDED
Y Any Other Peril Not Specifically Excluded (dwelling and other structures only)
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Loss of Use Coverage
Coverage Limit of Insurance Time Limit
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Y Additional Living Expense $23,600 Shortest time required to
repair/replace/relocate
Y Fair Rental Value $23,600 Shortest time required to repair/replace
Y Civil Authority Prohibits Use $23,600 2 weeks maximum
(New 01/06)
OIR-B1-1670 Page 2 of 4
eFiled Lee County Clerk of Courts Page 11
Checklist of Coverage (continued)
Property - Additional/Other Coverages
Limit of up to Amount of insurance is an additional amount of coverage or is included within
(Items below marked Y (Yes) indicate coverage IS the policy limit.
included, those marked N (No) indicate coverage is $236,000
NOT included) Unless Otherwise Included Additional
Noted
Y 5% of the Above
Debris Removal Y
Amount
Y $3,000 or 1% of
Reasonable Repairs Y
Coverage A
Y Property Removed Y
Y Credit Card, Electronic Fund Transfer Card or Access Device,
$500 Y
Forgery and Counterfeit Money
Y Loss Assessment $1,000 Y
Y Collapse Y
Y Glass or Safety Glaze Material Y
Y Landlord's Furnishings $2,500 Y
Y Law and Ordinance $23,600 Y
N Grave Markers
Y Mold/Fungi $10,000 Y
(New 01/06)
OIR-B1-1670 Page 3 of 4
eFiled Lee County Clerk of Courts Page 12
Checklist of Coverage (continued)
Discounts
(Items below marked Y (Yes) indicate discount IS applied, those marked N
Dollar ($) Amount of Discount
(No) indicate discount is NOT applied)
N Multiple Policy
N Fire Alarm / Smoke Alarm / Burglar Alarm
N Sprinkler
Y Windstorm Loss Reduction $1,732.32
Y Building Code Effectiveness Grading Schedule $200.09
N Other
Insurer May Insert Any Other Property Coverage Below
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Loss Settlement Basis:(i.e.: Replacement Cost, Actual Cash
included, those marked N (No) indicate coverage is Value, Stated Value, etc)
NOT included)
N Flood Coverage A - Building
N Flood Coverage B - Contents
Y Limited Water Damage $11,800
Personal Liability Coverage
Limit of Insurance: $300,000
Medical Payments to Others Coverage
Limit of Insurance: $5,000
Liability - Additional / Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of coverage or
included, those marked N (No) indicate coverage is is included within the policy limit.
NOT included) Included Additional
Y Claim Expenses Y
Y First Aid Expenses Y
Y Damage to Property of Others $500 Y
Y Loss Assessment $1,000 Y
Insurer May Insert Any Other Liability Coverage Below
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Limit of Insurance
Y Limited Fungi Coverage - Section II 50,000
N
N
N
(New 01/06)
OIR-B1-1670 Page 4 of 4
eFiled Lee County Clerk of Courts Page 13
Important Phone Numbers:
Your Agent: (407) 293-1009
Customer Service: (877)-900-3971
Claims Reporting: (877)-900-2280
P.O. Box 45-9020, Sunrise, FL 33345-9020
POLICY NUMBER: SOIH4870143-02-0001
NOTICES
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS
AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE
AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S
INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR
DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE
WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT
SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS
THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE
COVERAGE WITH YOUR INSURANCE AGENT.
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND
COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING
CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES
NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY
PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN
ADDITIONAL PREMIUM.
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 $3,000 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 877.900.2280.
Print Date 10/22/2021 SOI DEC 001 03 21
Page 4 of 6 Ren: 02, End: 0001
eFiled Lee County Clerk of Courts Page 14
Important Phone Numbers:
Your Agent: (407) 293-1009
Customer Service: (877)-900-3971
Claims Reporting: (877)-900-2280
P.O. Box 45-9020, Sunrise, FL 33345-9020
POLICY NUMBER: SOIH4870143-02-0001
NOTICES
You may reduce your policy premium by taking advantage of premium credits for shutter, housing features and other
mitigation (loss prevention) devices. Contact your insurance agent to request information that may allow you to receive these
discounts.
Your Building Code Effectiveness Grading schedule adjustment is -3.00% for the non-hurricane portion and -8.00% for the
hurricane portion of the premium. The adjustments can range from a surcharge of 1% to a credit of 12%.
Print Date 10/22/2021 SOI DEC 001 03 21
Page 5 of 6 Ren: 02, End: 0001
eFiled Lee County Clerk of Courts Page 15
Important Phone Numbers:
Your Agent: (407) 293-1009
Customer Service: (877)-900-3971
Claims Reporting: (877)-900-2280
P.O. Box 45-9020, Sunrise, FL 33345-9020
POLICY NUMBER: SOIH4870143-02-0001
The following is a summary of the change(s) to your policy effective 11/10/2021
- CHANGED MORTGAGE LOAN NUMBER
- CHANGED MORTGAGEE
Print Date 10/22/2021 SOI DEC 001 03 21
Page 6 of 6 Ren: 02, End: 0001
eFiled Lee County Clerk of Courts Page 16
#SPE HO3 TOC 07 18#
Southern Oak Premier Homeowners
TABLE OF CONTENTS (HO-3)
DEFINITIONS ......................................................................................................... 1
SECTION I COVERAGES
COVERAGE A - DWELLING ............................................................................. 2
COVERAGE B - OTHER STRUCTURES ........................................................... 2
COVERAGE C - PERSONAL PROPERTY .........................................................2
COVERAGE D - LOSS OF USE ....................................................................... 3
ADDITIONAL COVERAGES ................................................................................... 4
PERILS INSURED AGAINST ................................................................................. 6
EXCLUSIONS.......................................................................................................... 8
CONDITIONS ...........................................................................................................9
SECTION II LIABILITY
COVERAGE E - PERSONAL LIABILITY ............................................................ 12
COVERAGE F - MEDICAL PAYMENTS TO OTHERS ........................................ 12
EXCLUSIONS........................................................................................................... 12
ADDITIONAL COVERAGES ................................................................................... 15
CONDITIONS ........................................................................................................... 16
SECTION I AND II CONDITIONS ............................................................................. 17
IN WITNESS WHEREOF, Southern Oak Insurance Company has executed and attested these presents.
Chief Executive Officer, Southern Oak Insurance Company
SPE HO3 TOC 07 18
eFiled Lee County Clerk of Courts Page 17
#HO 00 03 04 91#
HOMEOWNERS
HO 00 03 04 91
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
In this policy, "you" and "your" refer to the "named c. Any premises used by you in connection with a
insured" shown in the Declarations and the spouse if premises in 4.a. and 4.b. above;
a resident of the same household. "We," "us" and d. Any part of a premises:
"our" refer to the Company providing this insurance. In
addition, certain words and phrases are defined as (1) Not owned by an "insured"; and
follows: (2) Where an "insured" is temporarily residing;
1. "Bodily injury" means bodily harm, sickness or e. Vacant land, other than farm land, owned by or
disease, including required care, loss of services rented to an "insured";
and death that results.
f. Land owned by or rented to an "insured" on
2. "Business" includes trade, profession or occupa- which a one or two family dwelling is being built
tion. as a residence for an "insured";
3. "Insured" means you and residents of your house- g. Individual or family cemetery plots or burial
hold who are: vaults of an "insured"; or
a. Your relatives; or h. Any part of a premises occasionally rented to
b. Other persons under the age of 21 and in the an "insured" for other than "business" use.
care of any person named above. 5. "Occurrence" means an accident, including con-
Under Section II, "insured" also means: tinuous or repeated exposure to substantially the
same general harmful conditions, which results,
c. With respect to animals or watercraft to which during the policy period, in:
this policy applies, any person or organization
legally responsible for these animals or water- a. "Bodily injury"; or
craft which are owned by you or any person in- b. "Property damage."
cluded in 3.a. or 3.b. above. A person or or-
6. "Property damage" means physical injury to, de-
ganization using or having custody of these
struction of, or loss of use of tangible property.
animals or watercraft in the course of any
"business" or without consent of the owner is 7. "Residence employee" means:
not an "insured"; a. An employee of an "insured" whose duties are
d. With respect to any vehicle to which this policy related to the maintenance or use of the "resi-
applies: dence premises," including household or do-
mestic services; or
(1) Persons while engaged in your employ or
that of any person included in 3.a. or 3.b. b. One who performs similar duties elsewhere not
above; or related to the "business" of an "insured."
(2) Other persons using the vehicle on an 8. "Residence premises" means:
"insured location" with your consent. a. The one family dwelling, other structures, and
4. "Insured location" means: grounds; or
a. The "residence premises"; b. That part of any other building;
b. The part of other premises, other structures where you reside and which is shown as the "resi-
and grounds used by you as a residence and: dence premises" in the Declarations.
(1) Which is shown in the Declarations; or "Residence premises" also means a two family
dwelling where you reside in at least one of the
(2) Which is acquired by you during the policy
family units and which is shown as the "residence
period for your use as a residence;
premises" in the Declarations.
HO 00 03 04 91 Copyright, Insurance Services Office, Inc., 1990 Page 1 of 18
eFiled Lee County Clerk of Courts Page 18
SECTION I ± PROPERTY COVERAGES
COVERAGE A ± Dwelling 1. $200 on money, bank notes, bullion, gold other
We cover: than goldware, silver other than silverware, plati-
num, coins and medals.
1. The dwelling on the "residence premises" shown
in the Declarations, including structures attached 2. $1000 on securities, accounts, deeds, evidences
to the dwelling; and of debt, letters of credit, notes other than bank
notes, manuscripts, personal records, passports,
2. Materials and supplies located on or next to the tickets and stamps. This dollar limit applies to
"residence premises" used to construct, alter or these categories regardless of the medium (such
repair the dwelling or other structures on the "resi- as paper or computer software) on which the ma-
dence premises." terial exists.
This coverage does not apply to land, including land This limit includes the cost to research, replace or
on which the dwelling is located. restore the information from the lost or damaged
COVERAGE B ± Other Structures material.
We cover other structures on the "residence premis- 3. $1000 on watercraft, including their trailers, fur-
es" set apart from the dwelling by clear space. This nishings, equipment and outboard engines or mo-
includes structures connected to the dwelling by only tors.
a fence, utility line, or similar connection. 4. $1000 on trailers not used with watercraft.
This coverage does not apply to land, including land 5. $1000 for loss by theft of jewelry, watches, furs,
on which the other structures are located. precious and semi-precious stones.
We do not cover other structures: 6. $2000 for loss by theft of firearms.
1. Used in whole or in part for "business"; or 7. $2500 for loss by theft of silverware, silver-plated
2. Rented or held for rental to any person not a ten- ware, goldware, gold-plated ware and pewterware.
ant of the dwelling, unless used solely as a private This includes flatware, hollowware, tea sets, trays
garage. and trophies made of or including silver, gold or
The limit of liability for this coverage will not be more pewter.
than 10% of the limit of liability that applies to Cover- 8. $2500 on property, on the "residence premises,"
age A. Use of this coverage does not reduce the used at any time or in any manner for any "busi-
Coverage A limit of liability. ness" purpose.
COVERAGE C ± Personal Property 9. $250 on property, away from the "residence prem-
We cover personal property owned or used by an ises," used at any time or in an
Preview
Filing # 165020876 E-Filed 01/19/2023 10:28:07 AM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA JAMES BELL Plaintiff, CASE NO.: VS. SOUTHERN OAK INSURANCE COMPANY Defendant. / COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, James Bell, by and through the undersigned attorney and sues the Defendant, Southern Oak Insurance Company, (“Defendant”), and alleges as follows: 1. This is an action for damages greater than $ 50,000.00, exclusive of interest, costs, and attorneys’ fees. 2. At all times material hereto, Plaintiff, James Bell was and is the owners of property located at 2532 Hopefield Court, Cape Coral, FL 33991. 3. At all times material hereto, the Defendant, Southern Oak Insurance Company, was and is a statutory corporation and agency, department or subdivision of the State of Florida, and was and is authorized to do and doing business in Lee County, Florida. 4. Jurisdiction and venue is proper in Lee County, Florida. eFiled Lee County Clerk of Courts Page 1 FACTS MATERIAL TO ALL COUNTS 5. Prior to September 28, 2022, Defendant issued a policy of insurance to Plaintiff with the policy SOIH4870143-02-0001 for Plaintiff’s property located at 2532 Hopefield Court, Cape Coral, FL 33991 (the “Property”). Defendant issued claim number 53621. 6. The policy of insurance issued by Defendant included coverage for dwelling, other structures, personal property, and loss of use suffered by Plaintiff. 7. At all times material hereto, Plaintiff’s insurance policy with Defendant was in full force and effect including September 28, 2022, the date of loss. 8. Defendant’s policy under Coverage A – Dwelling and Coverage B – Other Structures provides that Defendant “insures against risk of direct loss to property…only if that loss is a physical loss to the property.” See insurance policy attached as Ex. “A”. 9. On or about September 28, 2022, Plaintiff’s dwelling suffered direct, physical damage as a result of water damage. Said event caused severe damages to Plaintiff’s property. All conditions precedent to obtaining payment of insurance benefits under the policy and Florida law have been complied with, met or waived. 10. At all times material hereto, Southern Oak Insurance Company is not immune from liability for breach of contract pertaining to insurance coverage in accordance with Fla. Stat. §627.351(6)(s)(1) et. Seq. eFiled Lee County Clerk of Courts Page 2 COUNT I—BREACH OF CONTRACT 11. Plaintiff readopts and realleges the allegations contained in paragraphs 1 through 10 above. 12. On or about September 28, 2022, Plaintiff’s property was damaged by a covered loss; specifically, a leak event resulting in significant damage to the property. 13. Plaintiff gave timely notice of the loss and resulting damage to Defendant and/or its authorized agents, employees or representatives. 14. As a result of the loss on September 28, 2022, Plaintiff sustained damage to his property including physical loss to dwelling and loss of use. 15. Defendant has breached the policy of insurance by failing to pay the full amount of damages sustained by Plaintiff. 16. Defendant continues to refuse to pay the full amount of Plaintiff’s covered losses despite Plaintiff’s demands for full payment. 17. Plaintiff has been damaged as a result of Defendant’s breach in the form of insurance benefits due and owing, plus interest, costs, fees, and attorneys’ fees. 18. Plaintiff has retained the undersigned counsel to prosecute this action and is obligated to pay the undersigned counsel a reasonable attorney’s fee. 19. Plaintiff is entitled to recover reasonable attorney’s fees from Defendant pursuant to F.S. 627.428. WHEREFORE, Plaintiff demands an entry of judgment in its favor and against the Defendant for all of their damages, as plead herein, including attorneys’ fees, prejudgment interest, costs, and for such other and further relief as this Court deems just, proper and equitable. eFiled Lee County Clerk of Courts Page 3 DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury. CERTIFICATE THIS COMPLAINT IS DATED and Signed January 19, 2023, and was filed by: FRONTIER LAW GROUP By: /s/ Alexander Bekker Alexander Bekker, Esq. FBN: 124933 Tel: (305) 308-2234 Email: abekker@frontierlawgroup.com Cole Gale, Esq. FBN: 105917 Email: cgale@frontierlawgroup.com PO Box 30592 Fort Lauderdale, FL 33303-0592 Tel: (954) 560-2858 eFiled Lee County Clerk of Courts Page 4 Exhibit A eFiled Lee County Clerk of Courts Page 5 Dear Policyholder: Enclosed is an amended declarations page. The following is a summary of the change(s) to your policy effective 11/10/2021. 0 0 CHANGED MORTGAGE LOAN NUMBER 0 0 CHANGED MORTGAGEE Please contact your agent if you have any questions or would like to learn more about the availability of optional coverages. If you are unable to reach your agent, you may contact our customer service department toll-free at 877-900-3971. Thank you for continuing to insure your home with Southern Oak Insurance Company! Sincerely, UNDERWRITING DEPARTMENT SOIUnderwriting@southernoak.com P.O. Box 45 9020 0 Sunrise, FL 33345-9020 Customer Service: 1.877.900.3971 0 Claim Service 1.877.900.2280 www.southernoak.com eFiled Lee County Clerk of Courts Page 6 Important Phone Numbers: Your Agent: (407) 293-1009 Customer Service: (877)-900-3971 Claims Reporting: (877)-900-2280 P.O. Box 45-9020, Sunrise, FL 33345-9020 POLICY NUMBER: SOIH4870143-02-0001 HOMEOWNERS HO-3 POLICY DECLARATIONS PREMIER PROTECTION Amended 11/10/2021 - See Notice Page for Details Policy Effective Date: 11/10/2021 12:01 AM Policy Expiration Date: 11/10/2022 12:01 AM Insured Name and Mailing Address: JAMES BELL YOUR SOUTHERN OAK AGENT IS: 2532 HOPEFIELD CT JOSHUA BARFIELD CAPE CORAL, FL 33991-3170 BARFIELD INS. & FINANCIAL SERVICES INC. 1106 SPIRIT LAKE RD. WINTER HAVEN, FL 33880 (407) 293-1009 Insured location covered by this policy: 2532 HOPEFIELD CT CAPE CORAL, FL 33991-3170 County: LEE TOTAL ANNUAL POLICY PREMIUM $767.00 The Hurricane portion of the Premium is: $413.00 The Non-Hurricane portion of the Premium is: $354.00 COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE SECTION I - PROPERTY COVERAGES LIMIT PREMIUM Coverage - A - (Dwelling) $236,000 $515 Coverage - B - (Other Structures) $4,720 Included Coverage - C - (Personal Property) $59,000 Included Coverage - D - (Loss Of Use) $23,600 Included SECTION I - DEDUCTIBLES In case of a loss, we only cover that part of the loss over the deductible stated or as otherwise indicated in your policy: All Other Perils Deductible -$1,000 Windstorm or Hail (Other than Hurricane) Deductible - $1,000 Hurricane Deductible - $4,720 (2% of Coverage A) SECTION II - LIABILITY COVERAGES Coverage - E - (Personal Liability) $300,000 $15 Coverage - F - (Medical Payments) $5,000 $10 POLICY FEES $27.00 Managing General Agency Fee $25.00 Emergency Management Preparedness and Assistance Trust Fund Fee $2.00 Print Date 10/22/2021 SOI DEC 001 03 21 Page 1 of 6 Ren: 02, End: 0001 eFiled Lee County Clerk of Courts Page 7 Important Phone Numbers: Your Agent: (407) 293-1009 Customer Service: (877)-900-3971 Claims Reporting: (877)-900-2280 P.O. Box 45-9020, Sunrise, FL 33345-9020 POLICY NUMBER: SOIH4870143-02-0001 OPTIONAL COVERAGES PREMIUM LIMIT $200.00 SPE HO OL - Ordinance or Law 10% of Coverage A $86.00 SPE HO FMB - Limited Fungi, Mold, Wet or Dry Rot, or Bacteria Included 1. Section I $10,000 / $10,000 2. Section II $50,000 SPE HO LSE - Hurricane Screened Enclosure and Carport $10,000 $114.00 Water Coverage $11,800 (5% of Coverage A) Included Policy Forms and Endorsements: SPE HO3 TOC 07 18 HO 00 03 04 91 HO 04 96 04 91 SPE HO SP 03 20 SPE HO WEPW 07 18 SPE HO LWD 12 20 SPE HO FMB 07 18 SPE HO HD 07 18 SPE HO OL 07 18 SPE HO LSE 07 18 Rating Information: Construction: Masonry Year Built: 2010 Occupied By: Owner Usage Type: Primary BCEG Grade: 03 Territory: 133 / 133F Protection Class: 03 Exclude Wind Coverage: No Burglar Alarm: None Fire Alarm: None Automatic Sprinklers: None Opening Protection: None Roof Shape: Hip Stories: 1 Smoker: No Senior/Retired: Yes Policy Distribution: Electronic Water Protection: None Accredited Builder: No Insurance Score: A Distance to Coast: 7320 Floor Area: 1507 Secured Community: Passkey gates to all Roof Material: Tile Roof Year: entrances Roof Age: 11 years 2010 Print Date 10/22/2021 SOI DEC 001 03 21 Page 2 of 6 Ren: 02, End: 0001 eFiled Lee County Clerk of Courts Page 8 Important Phone Numbers: Your Agent: (407) 293-1009 Customer Service: (877)-900-3971 Claims Reporting: (877)-900-2280 P.O. Box 45-9020, Sunrise, FL 33345-9020 POLICY NUMBER: SOIH4870143-02-0001 FIRST LIEN Loan# 8014036702 SERVICEMAC LLC ISAOA/ATIMA PO BOX 29411 PHOENIX, AZ 85038-9411 Authorized Countersignature: Print Date 10/22/2021 SOI DEC 001 03 21 Page 3 of 6 Ren: 02, End: 0001 eFiled Lee County Clerk of Courts Page 9 Checklist of Coverage Policy Type: Homeowner's (Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's) The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services' Helpline at (800) 342-2762 or www.fldfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limit of Insurance: $236,000 Loss Settlement Basis: Replacement Cost (i.e. Replacement Cost, Actual Cash Value, Stated Value, etc.) Other Structures Coverage (Detached from Dwelling) Limit of Insurance: $4,720 Loss Settlement Basis: Replacement Cost (i.e. Replacement Cost, Actual Cash Value, Stated Value, etc.) Personal Property Coverage Limit of Insurance: $59,000 Loss Settlement Basis: Actual Cash Value (i.e. Replacement Cost, Actual Cash Value, Stated Value, etc.) Deductibles Annual Hurricane: $4,720 Windstorm or Hail (Other Than Hurricane): $1,000 All Other Perils: $1,000 (New 01/06) OIR-B1-1670 Page 1 of 4 eFiled Lee County Clerk of Courts Page 10 Checklist of Coverage (continued) The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against: (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Y Fire or Lightning Y Hurricane N Flood (including storm surge) EXCLUDED Y Windstorm or Hail (other than hurricane) Y Explosion Y Riot or Civil Commotion Y Aircraft Y Vehicles Y Smoke Y Vandalism or Malicious Mischief Y Theft Y Falling Objects Y Weight of Ice, Snow or Sleet Y Accidental Discharge or Overflow of Water or Steam Y Sudden and Accidental Tearing Apart, Cracking, Burning or Bulging Y Freezing Y Sudden and Accidental Damage from Artificially Generated Electrical Current Y Volcanic Eruption N Sinkhole EXCLUDED Y Any Other Peril Not Specifically Excluded (dwelling and other structures only) Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. Loss of Use Coverage Coverage Limit of Insurance Time Limit (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Y Additional Living Expense $23,600 Shortest time required to repair/replace/relocate Y Fair Rental Value $23,600 Shortest time required to repair/replace Y Civil Authority Prohibits Use $23,600 2 weeks maximum (New 01/06) OIR-B1-1670 Page 2 of 4 eFiled Lee County Clerk of Courts Page 11 Checklist of Coverage (continued) Property - Additional/Other Coverages Limit of up to Amount of insurance is an additional amount of coverage or is included within (Items below marked Y (Yes) indicate coverage IS the policy limit. included, those marked N (No) indicate coverage is $236,000 NOT included) Unless Otherwise Included Additional Noted Y 5% of the Above Debris Removal Y Amount Y $3,000 or 1% of Reasonable Repairs Y Coverage A Y Property Removed Y Y Credit Card, Electronic Fund Transfer Card or Access Device, $500 Y Forgery and Counterfeit Money Y Loss Assessment $1,000 Y Y Collapse Y Y Glass or Safety Glaze Material Y Y Landlord's Furnishings $2,500 Y Y Law and Ordinance $23,600 Y N Grave Markers Y Mold/Fungi $10,000 Y (New 01/06) OIR-B1-1670 Page 3 of 4 eFiled Lee County Clerk of Courts Page 12 Checklist of Coverage (continued) Discounts (Items below marked Y (Yes) indicate discount IS applied, those marked N Dollar ($) Amount of Discount (No) indicate discount is NOT applied) N Multiple Policy N Fire Alarm / Smoke Alarm / Burglar Alarm N Sprinkler Y Windstorm Loss Reduction $1,732.32 Y Building Code Effectiveness Grading Schedule $200.09 N Other Insurer May Insert Any Other Property Coverage Below (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Loss Settlement Basis:(i.e.: Replacement Cost, Actual Cash included, those marked N (No) indicate coverage is Value, Stated Value, etc) NOT included) N Flood Coverage A - Building N Flood Coverage B - Contents Y Limited Water Damage $11,800 Personal Liability Coverage Limit of Insurance: $300,000 Medical Payments to Others Coverage Limit of Insurance: $5,000 Liability - Additional / Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of coverage or included, those marked N (No) indicate coverage is is included within the policy limit. NOT included) Included Additional Y Claim Expenses Y Y First Aid Expenses Y Y Damage to Property of Others $500 Y Y Loss Assessment $1,000 Y Insurer May Insert Any Other Liability Coverage Below (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Limit of Insurance Y Limited Fungi Coverage - Section II 50,000 N N N (New 01/06) OIR-B1-1670 Page 4 of 4 eFiled Lee County Clerk of Courts Page 13 Important Phone Numbers: Your Agent: (407) 293-1009 Customer Service: (877)-900-3971 Claims Reporting: (877)-900-2280 P.O. Box 45-9020, Sunrise, FL 33345-9020 POLICY NUMBER: SOIH4870143-02-0001 NOTICES THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. 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 $3,000 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 877.900.2280. Print Date 10/22/2021 SOI DEC 001 03 21 Page 4 of 6 Ren: 02, End: 0001 eFiled Lee County Clerk of Courts Page 14 Important Phone Numbers: Your Agent: (407) 293-1009 Customer Service: (877)-900-3971 Claims Reporting: (877)-900-2280 P.O. Box 45-9020, Sunrise, FL 33345-9020 POLICY NUMBER: SOIH4870143-02-0001 NOTICES You may reduce your policy premium by taking advantage of premium credits for shutter, housing features and other mitigation (loss prevention) devices. Contact your insurance agent to request information that may allow you to receive these discounts. Your Building Code Effectiveness Grading schedule adjustment is -3.00% for the non-hurricane portion and -8.00% for the hurricane portion of the premium. The adjustments can range from a surcharge of 1% to a credit of 12%. Print Date 10/22/2021 SOI DEC 001 03 21 Page 5 of 6 Ren: 02, End: 0001 eFiled Lee County Clerk of Courts Page 15 Important Phone Numbers: Your Agent: (407) 293-1009 Customer Service: (877)-900-3971 Claims Reporting: (877)-900-2280 P.O. Box 45-9020, Sunrise, FL 33345-9020 POLICY NUMBER: SOIH4870143-02-0001 The following is a summary of the change(s) to your policy effective 11/10/2021 - CHANGED MORTGAGE LOAN NUMBER - CHANGED MORTGAGEE Print Date 10/22/2021 SOI DEC 001 03 21 Page 6 of 6 Ren: 02, End: 0001 eFiled Lee County Clerk of Courts Page 16 #SPE HO3 TOC 07 18# Southern Oak Premier Homeowners TABLE OF CONTENTS (HO-3) DEFINITIONS ......................................................................................................... 1 SECTION I COVERAGES COVERAGE A - DWELLING ............................................................................. 2 COVERAGE B - OTHER STRUCTURES ........................................................... 2 COVERAGE C - PERSONAL PROPERTY .........................................................2 COVERAGE D - LOSS OF USE ....................................................................... 3 ADDITIONAL COVERAGES ................................................................................... 4 PERILS INSURED AGAINST ................................................................................. 6 EXCLUSIONS.......................................................................................................... 8 CONDITIONS ...........................................................................................................9 SECTION II LIABILITY COVERAGE E - PERSONAL LIABILITY ............................................................ 12 COVERAGE F - MEDICAL PAYMENTS TO OTHERS ........................................ 12 EXCLUSIONS........................................................................................................... 12 ADDITIONAL COVERAGES ................................................................................... 15 CONDITIONS ........................................................................................................... 16 SECTION I AND II CONDITIONS ............................................................................. 17 IN WITNESS WHEREOF, Southern Oak Insurance Company has executed and attested these presents. Chief Executive Officer, Southern Oak Insurance Company SPE HO3 TOC 07 18 eFiled Lee County Clerk of Courts Page 17 #HO 00 03 04 91# HOMEOWNERS HO 00 03 04 91 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 In this policy, "you" and "your" refer to the "named c. Any premises used by you in connection with a insured" shown in the Declarations and the spouse if premises in 4.a. and 4.b. above; a resident of the same household. "We," "us" and d. Any part of a premises: "our" refer to the Company providing this insurance. In addition, certain words and phrases are defined as (1) Not owned by an "insured"; and follows: (2) Where an "insured" is temporarily residing; 1. "Bodily injury" means bodily harm, sickness or e. Vacant land, other than farm land, owned by or disease, including required care, loss of services rented to an "insured"; and death that results. f. Land owned by or rented to an "insured" on 2. "Business" includes trade, profession or occupa- which a one or two family dwelling is being built tion. as a residence for an "insured"; 3. "Insured" means you and residents of your house- g. Individual or family cemetery plots or burial hold who are: vaults of an "insured"; or a. Your relatives; or h. Any part of a premises occasionally rented to b. Other persons under the age of 21 and in the an "insured" for other than "business" use. care of any person named above. 5. "Occurrence" means an accident, including con- Under Section II, "insured" also means: tinuous or repeated exposure to substantially the same general harmful conditions, which results, c. With respect to animals or watercraft to which during the policy period, in: this policy applies, any person or organization legally responsible for these animals or water- a. "Bodily injury"; or craft which are owned by you or any person in- b. "Property damage." cluded in 3.a. or 3.b. above. A person or or- 6. "Property damage" means physical injury to, de- ganization using or having custody of these struction of, or loss of use of tangible property. animals or watercraft in the course of any "business" or without consent of the owner is 7. "Residence employee" means: not an "insured"; a. An employee of an "insured" whose duties are d. With respect to any vehicle to which this policy related to the maintenance or use of the "resi- applies: dence premises," including household or do- mestic services; or (1) Persons while engaged in your employ or that of any person included in 3.a. or 3.b. b. One who performs similar duties elsewhere not above; or related to the "business" of an "insured." (2) Other persons using the vehicle on an 8. "Residence premises" means: "insured location" with your consent. a. The one family dwelling, other structures, and 4. "Insured location" means: grounds; or a. The "residence premises"; b. That part of any other building; b. The part of other premises, other structures where you reside and which is shown as the "resi- and grounds used by you as a residence and: dence premises" in the Declarations. (1) Which is shown in the Declarations; or "Residence premises" also means a two family dwelling where you reside in at least one of the (2) Which is acquired by you during the policy family units and which is shown as the "residence period for your use as a residence; premises" in the Declarations. HO 00 03 04 91 Copyright, Insurance Services Office, Inc., 1990 Page 1 of 18 eFiled Lee County Clerk of Courts Page 18 SECTION I ± PROPERTY COVERAGES COVERAGE A ± Dwelling 1. $200 on money, bank notes, bullion, gold other We cover: than goldware, silver other than silverware, plati- num, coins and medals. 1. The dwelling on the "residence premises" shown in the Declarations, including structures attached 2. $1000 on securities, accounts, deeds, evidences to the dwelling; and of debt, letters of credit, notes other than bank notes, manuscripts, personal records, passports, 2. Materials and supplies located on or next to the tickets and stamps. This dollar limit applies to "residence premises" used to construct, alter or these categories regardless of the medium (such repair the dwelling or other structures on the "resi- as paper or computer software) on which the ma- dence premises." terial exists. This coverage does not apply to land, including land This limit includes the cost to research, replace or on which the dwelling is located. restore the information from the lost or damaged COVERAGE B ± Other Structures material. We cover other structures on the "residence premis- 3. $1000 on watercraft, including their trailers, fur- es" set apart from the dwelling by clear space. This nishings, equipment and outboard engines or mo- includes structures connected to the dwelling by only tors. a fence, utility line, or similar connection. 4. $1000 on trailers not used with watercraft. This coverage does not apply to land, including land 5. $1000 for loss by theft of jewelry, watches, furs, on which the other structures are located. precious and semi-precious stones. We do not cover other structures: 6. $2000 for loss by theft of firearms. 1. Used in whole or in part for "business"; or 7. $2500 for loss by theft of silverware, silver-plated 2. Rented or held for rental to any person not a ten- ware, goldware, gold-plated ware and pewterware. ant of the dwelling, unless used solely as a private This includes flatware, hollowware, tea sets, trays garage. and trophies made of or including silver, gold or The limit of liability for this coverage will not be more pewter. than 10% of the limit of liability that applies to Cover- 8. $2500 on property, on the "residence premises," age A. Use of this coverage does not reduce the used at any time or in any manner for any "busi- Coverage A limit of liability. ness" purpose. COVERAGE C ± Personal Property 9. $250 on property, away from the "residence prem- We cover personal property owned or used by an ises," used at any time or in an