Preview
16-2023-CA-001706-XXXX-MA Div: CV-H
Filing # 168818590 E-Filed 03/15/2023 05:23:23 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
CIVIL DIVISION
ROBERT ANDERSON,
VALENTYNA ANDERSON,
And DARIA KOSTIN,
Plaintiffs,
vs. CASE NO.:
OLYMPUS INSURANCE
COMPANY,
Defendant.
__________________________/
COMPLAINT
Plaintiffs, ROBERT ANDERSON, VALENTYNA ANDERSON and DARIA KOSTIN
(“PLAINTIFFS”), by and through the undersigned counsel, hereby file their Complaint for
breach of contract against the Defendant, OLYMPUS INSURANCE COMPANY
(“OLYMPUS”), and as grounds therefor states as follows:
1. This is an action arising out of an insurance contract against the
Defendant, OLYMPUS.
2. The amount in controversy in this action exceeds the amount of $50,000
(Fifty thousand dollars) exclusive of pre-judgment interest, court costs, and attorney’s
fees.
3. At all times relevant hereto, PLAINTIFFS owned real property located at
1699 Aston Hall Drive, E, Jacksonville, Florida 32246, Duval County, Florida (“The
Insured Property”).
1
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 03/17/2023 04:00:01 PM
4. At all times relevant hereto, OLYMPUS was a Florida corporation,
engaged in the business of insurance and doing business throughout the State of
Florida, including Duval County, Florida.
5. In consideration of the premium paid to it by PLAINTIFFS, OLYMPUS
issued a contract of homeowner’s insurance to PLAINTIFFS, Policy Number
OL30149976-06 (“The Policy”), which was in full force and effect during the time the
Insured property was damaged by a windstorm that occurred on April 10, 2021. A copy
of the Policy is attached hereto as Exhibit A.
6. The laws of Florida in effect at the time the Policy was issued are part of
the Policy and incorporated herein.
7. The Policy purchased by PLAINTIFFS from OLYMPUS is an all-risks
policy of insurance, covering for all risks except those specifically excluded.
8. On or about April 10, 2021, PLAINTIFFS’ Insured Property was damaged
by windstorm which caused PLAINTIFFS to suffer, and continue to suffer, a substantial
loss regarding their property.
9. PLAINTIFFS timely reported the loss and damage to OLYMPUS.
10. At all times material, PLAINTIFFS fully cooperated with OLYMPUS and its
agents/representatives’ investigation of their claim.
11. Concerned about the claim being adjusted timely and correctly, the
PLAINTIFFS retained Sepia Group, LLC (Sepia), a Florida-based public adjusting firm
to assist them with their claim.
2
12. The field inspection of the property occurred on February 17, 2022. The
initial desk adjuster, David Hendershott, was assigned to the claim.
13. As part of SEPIA’s assistance with the claim, they accompanied
OLYMPUS to the inspection and performed their own site inspection of the subject
property, took photographs and prepared a detailed, line-by-line estimate of the loss
and damages.
14. Initially, Mr. Hendershott advised that OLYMPUS was requesting a
recorded statement, but ultimately abandoned that request in favor of trying to pursue a
resolution of the claim through a settlement.
15. When those discussions did not materialize, the PLAINTIFFS, through
SEPIA submitted a Proof of Loss to Mr. Hendershott on May 31, 2022.
16. The claim was then assigned a new adjuster, Amber Barnard on June 2,
2022.
17. On June 13, 2022, Ms. Bernard requested a re-inspection of the property
to specifically view the interior damages as she apparently did not have the
documentation from the interior damages (despite them having prior access to the
interior).
18. The original field adjuster, Norman Rogers (who had inspected the insured
property in February), was asked to return for a reinspection because apparently
Olympus had lost or misplaced the documentation and photographs of the interior
damages. Additionally, Mr. Rogers explained the PLAINTIFFS through SEPIA, that he
already submitted coverage for payment of this claim and discussed the extent of the
minor interior damage.
3
19. Based on their discussion, the PLAINTIFFS, through SEPIA agreed to
send Ms. Bernard any photos, documents, measurements, or anything that would assist
in Ms. Bernard's assessment of the interior to limit the need for further inspection as
based on their conversation, the Insureds (through SEPIA) and Mr. Rogers were in
agreement with the scope of work needed to be added.
20. Nonetheless, Ms. Bernard preferred that the remaining interior issues be
inspected (again) by her adjuster. In an effort to cooperate with the claim and keep
things moving forward, SEPIA (on the PLAINTIFFS' behalf) then met Mr. Rogers at the
property on July 25, 2022, where he informed SEPIA and the PLAINTIFFS the roof was
covered and submitted a request for payment for a full roof replacement. He also stated
that he would be adding the interior room for coverage and payment as well.
21. At the re-inspection, the only interior room missed in the initial inspection
was assessed and added and no additional roof inspection was completed.
22. During the course of June and July 2022, SEPIA communicated with Ms.
Bernard on this matter on multiple occasions via phone and email in which Mrs. Keith
reminded that the PLAINTIFFS had not received the coverage determination, estimate,
policy, etc.
23. And, despite the PLAINTIFFS’ prior willingness to submit to a recorded
statement, but those discussions being paused by the prior adjuster in favor of
settlement communications, the PLAINTIFFS, through SEPIA, were advised during
these conversations that the reason the PLAINTIFFS had not received their claim
position was because the PLAINTIFFS did not provide a recorded statement.
4
24. Despite this confusion, PLAINTIFFS cooperated with this request and
provided a recorded statement on July 29, 2022. Afterwards, Ms. Bernard reported she
would contact the PLAINTIFFS, through SEPIA about coverage by the following
Tuesday, or August 1, 2022.
25. Relying on Ms. Bernard's statement, the PLAINTIFFS, through SEPIA
followed up with her via phone and email to which Ms. Bernard failed and refused to
respond to.
26. OLYMPUS' first communication since the recorded statement was when
the file was transferred back to Mr. Hendershott on August 22, 2022, wherein he sent
correspondence - for the first time - invoking OLYMPUS’ right to repair. Prior to this
email, OLYMPUS never provided a copy of the insureds’ policy although Mrs. Keith had
requested same since February of 2022. Up to that point, the only thing in the
PLAINTIFFS' possession was a declarations page which showed no such information
on OLYMPUS’ choice to invoke their right to repair.
27. The Policy clearly states that OLYMPUS only has the right to invoke this
right to repair thirty (30) days after inspection. See Exhibit “A.”
28. This claim is not a supplemental or a re-opened claim, so the secondary
inspection in July of 2022 due to a missed spot on the interior would not be applicable
under the policy terms. This claim has been continuously active from the date the claim
was filed, therefore, per the insurer's rights under the policy, the insurer has forfeited
their right to invoke their right to repair since over six (6) months had elapsed between
the inspection time. Had OLYMPUS wanted to invoke its right to repair, it should have
and could have done so in March 2022.
5
29. The PLAINTIFFS entered a contractual agreement with their contractor of
choice and SEPIA, on behalf of the Insureds, provided the contractor's estimate to
OLYMPUS on May 31, 2022. See Exhibit “B.”
30. To date, OLYMPUS has failed and refused to pay the claim.
31. The Plaintiffs are owed for repairs per their contractor’s estimate, plus
necessary additional living expenses for when they move out during the repair process.
32. On August 24, 2022, SEPIA demanded mediation on behalf of the
PLAINTIFFS, but still urged OLYMPUS to seek a resolution to this claim pre-mediation
and again asked OLYMPUS to retract their right to repair as they forfeited said right
under the policy terms (by not invoking within the required timeframe).
33. After several requests by the PLAINTIFFS (through SEPIA) to just resolve
the claim so that the PLAINTIFFS could proceed with repairs using their own contractor,
OLYMPUS ultimately made a very lowball offer of around $1,500.
34. There was no way that any contractor could do the work for that amount,
and thus, PLAINTIFFS felt compelled to retain the undersigned to assist them in the
dispute of their claim.
COUNT I – BREACH OF CONTRACT
35. This is an action for breach of contract against OLYMPUS.
36. PLAINTIFFS re-allege and incorporate paragraphs 1-33 as if fully set forth
herein.
37. OLYMPUS has failed and/or refused to timely, thoroughly, accurately, and
completely adjust, investigate, and evaluate the Insureds’ insurance claim for damages.
6
38. By failing to pay what is owed to PLAINTIFFS by denying their claim
and/or late invoking its right to repair, OLYMPUS has breached its contract with
PLAINTIFFS.
39. PLAINTIFFS have done and performed all things required of their under the
policy and Florida law, have complied with all conditions precedent under Florida Law and
are otherwise waived and/or excused from performing same by the acts, representations,
and/or conduct of OLYMPUS, its agents and/or employees.
40. As a direct result of OLYMPUS’ breach of its insurance contract,
PLAINTIFFS has been financially damaged and will continue to suffer such damage and
loss in the future.
41. Finally, and as a direct result of OLYMPUS’ breach of its insurance
contract, it has been necessary for PLAINTIFFS to incur and become obligated for
attorney’s fees and costs in the prosecution of this action. Section §627.428, Florida
Statutes provides for the recovery of such attorney’s fees in the event of such need.
WHEREFORE, the PLAINTIFFS pray this Court provide the following relief:
1. Determine that OLYMPUS breached its insurance contract with
PLAINTIFFS;
2. Enter an order directing OLYMPUS to pay, in full, all contractual and
compensatory damages owed under the insurance policy;
3. Award pre-judgment interest on the amounts unpaid by OLYMPUS;
4. Award the costs of this action;
5. Award attorney’s fees pursuant to §627.428, Fla. Stat. and;
6. Grant such other relief as this Court may deem just and appropriate under
the circumstances.
7
PLAINTIFFS demand a jury trial on all issues triable pursuant to Fla. R. Civ. P.
1.430.
COUNT II – DECLARATORY JUDGMENT ACTION
42. This is an action for declaratory judgment action against OLYMPUS
pursuant to Chapter 86, Florida Statutes.
43. The PLAINTIFFS re-allege and incorporate paragraphs 1 through 33 as if
fully set forth herein.
44. This action is filed for the purpose of determining an actual controversy
between PLAINTIFFS and OLYMPUS.
45. Significantly beyond the thirty (30) days that OLYMPUS had per its own
policy to invoke the right to repair provision, it attempted to do so after stringing its
Insureds along for several months.
46. As a result of the facts set forth above, a dispute has arisen which has left
PLAINTIFFS insecure, uncertain, and in doubt with respect to their rights and status of
other equitable or legal responsibilities under the insurance contract, to wit: (i) whether
Defendant has waived and/or is estopped from exercising its option to repair and from
exercising those provisions under the policy, based on its failure to exercise that right,
or ever advise PLAINTIFFS or SEPIA that it was planning to invoke said right ii) that the
preferred contractor endorsement is unconscionable and otherwise unenforceable given
that PLAINTIFFS have no choice but to accept the Insurer’s contractor, cannot choose
the materials used, and, when requested (through their Public Adjuster) were not
provided with particulars about how the repairs would take place or what they would
cost, iii) where its unclear whether the repair option provision is material to the policy.
8
47. There exists a bona fide, actual, present, and practicable need for the
declaration of the parties’ rights, duties, and obligations.
48. There exists a present and ascertainable state of facts concerning the
rights and obligations of both PLAINTIFFS and OLYMPUS under the Policy.
49. The rights and obligations of both PLAINTIFFS and OLYMPUS under the
Policy are dependent upon the facts, and law applicable to the facts, regarding the
terms and conditions under the Policy.
50. PLAINTIFFS have an actual, present, adverse, and antagonistic interest in
the subject matter described herein, and seek declaration from the Court that:
(i) that Defendant has waived and/or is estopped from exercising its option to
repair and from exercising those provisions under the policy, where it
failed to invoke that right within the required timeframe as provided for in
its own policy (i.e. thirty days);
(ii) that the preferred contractor endorsement is unconscionable and
otherwise unenforceable because the Insureds have no choice but to
accept the Insurer’s contractor, cannot choose the materials used, and,
when requested (through their Public Adjuster) were not provided with
particulars about how the repairs would take place or what they would
cost, and where it does not appear the Plaintiffs were given specifics
about the Contractors’ qualifications and/or credentials; and/or
(iii) that the repair option provision is not material to the policy; and/or
(iv) for any further declaration by the Court supported by the law and facts.
51. Due to OLYMPUS conduct, PLAINTIFFS have been obligated to retain the
undersigned counsel to bring this action and, pursuant to Florida Statute §627.428, are
entitled to reasonable attorney's fees in this matter.
52. WHEREFORE, the PLAINTIFFS request this Honorable Court take
jurisdiction of this matter and declare the parties' rights and duties under the Policy and
Florida law, including but not limited to: i) a decree in their favor on all of the above
issues; ii) an award of reasonable attorney's fees and costs; iii) a reservation of
jurisdiction to enter such further orders as may be required to enforce the Court's
9
declaration of the parties' rights and to determine any disputes that may arise in
adjusting or paying the loss upon a determination of coverage; and iv) for such other
and further relief as this Court deems just, proper and equitable.
Further, Plaintiff requests a jury trial on all issues so triable pursuant to Fla. R.
Civ. P. 1.430.
Dated this 15th day of March 2023.
DANAHY & DUNNAVANT, P.A.
s/ Erin E. Dunnavant
___________________________
ERIN E. DUNNAVANT, ESQUIRE
Florida Bar No. 89328
901 West Swann Avenue
Tampa, Florida 33606
(813) 906-1841
(813) 579-1912 (fax)
E-Service:
erin@danddlaw.com
damian@danddlaw.com
service@danddlaw.com
Attorney for Plaintiffs
10
NOTICE OF REINSTATEMENT
POLICY OL30149976-06 WITH AGENCY 9967444 FOR POLICY PERIOD 06/27/2020 THRU 06/27/2021
Robert Anderson Masi Insurance, Inc.
Valentyna Anderson 8211 113th St
1699 Aston Hall Dr E Seminole, FL 33772-4128
Jacksonville, FL 32246-0641
(727) 399-1900
Location(s) of Property Insured: 1699 Aston Hall Dr E
Jacksonville, FL 32246-0641
Dear Policyholder:
Your policy has been reinstated as of the Policy Effective Date listed above and the coverage provided is
now in full force and effect. If any payments are due a separate invoice will be generated. Payments may be
mailed or made online. To make a payment online, go to www.olympusinsurance.com and click the 'Make a
Payment' link. All premium payment must be made in U.S. dollars and drawn on a U.S. financial institution.
Thank you for choosing our company for your insurance needs.
Olympus Insurance Company
(;+,%,7$
OLNRS 02 16 INSURED COPY NOTICE DATE 07/09/2020 PAGE 1
HOMEOWNERS RENEWAL POLICY DECLARATION
POLICY OL30149976-06 WITH AGENCY 9967444 FOR POLICY PERIOD 06/27/2020 THRU 06/27/2021
Robert Anderson Masi Insurance, Inc.
Valentyna Anderson 8211 113th St
1699 Aston Hall Dr E Seminole, FL 33772-4128
Jacksonville, FL 32246-0641
(727) 399-1900
For your convenience, all of your policy information is now available online.
Log into the customer portal on our website at
www.olympusinsurance.com and start enjoying 24/7 access to your account.
We appreciate your business and your trust in Olympus!
LOCATION OF PROPERTY INSURED
1699 Aston Hall Dr E
Jacksonville, FL 32246-0641
BASIC ATTACHED POLICY POLICY POLICY TOTAL
COVERAGES ENDORSEMENTS CREDITS FEES/ TAXES ASSESSMENT POLICY
PREMIUM PREMIUM PREMIUM
$779.00 $0.00 $0.00 $27.00 $0.00 $806.00
DEDUCTIBLE INFORMATION
FORM TYPE ALL OTHER PERILS DEDUCTIBLE HURRICANE DEDUCTIBLE
HO-3 $2,500 2% = $4,136
COVERAGE LIMITS AND PREMIUMS - SECTION I
Coverage A - Dwelling $206,805 $779.50
Coverage B - Other Structures $4,136 Included
Coverage C - Personal Property $103,402 Included
Coverage D - Loss of Use $20,681 Included
Hurricane Premium ---------$72.88 Included
COVERAGE LIMITS AND PREMIUMS - SECTION II
Coverage E - Personal Liability $100,000 Included
Coverage F - Medical Payments to Others $1,000 Included
OIC DEC 08 15 ADDITIONAL INSURED COPY
HOMEOWNERS RENEWAL POLICY DECLARATION
POLICY OL30149976-06 WITH AGENCY 9967444 FOR POLICY PERIOD 06/27/2020 THRU 06/27/2021
Robert Anderson Masi Insurance, Inc.
Valentyna Anderson 8211 113th St
1699 Aston Hall Dr E Seminole, FL 33772-4128
Jacksonville, FL 32246-0641
(727) 399-1900
POLICY CHARGES AND CREDITS
Emergency Management Trust Fund Surcharge $2.00
MGA Policy Fee $25.00
Mitigation Credit (Included in Coverage A) $-885.50
MORTGAGEE(S)
Mortgagee 1 / Loan #:321404093094 5 STATEHOUSE PLAZA SUITE 500
BANK OF ENGLAND DBA ENG LENDING ISAOA ATIMA LITTLE ROCK, AR 72201
POLICY FORMS AND ENDORSEMENTS
NUMBER DATE LIMIT PREMIUM
OL HO NCPT 06 18 06-18 Notice of Change in Policy Terms
Important Notice - 06-18 Important Notice - Emergency Mitigation Services
EMS
OL J1 07-14 Homeowners Policy Jacket
OL GLB 06-13 Privacy Policy
OL OC 05-19 Homeowners Policy Outline of Coverage
OL HO LO 06-07 Ordinance or Law Coverage Notification Form
OL DO 05-19 Deductible Options Notice
HO3 IDX 06-07 Homeowners 3 - Policy Index
HO 00 03 10-00 Homeowners 3 - Special Form
OL HO 100 06-18 Special Provisions - Florida
HO 03 34 05-03 Limited Fungi, wet or dry rot, or bacteria. Section
II
HO 03 52 01-06 Calendar Year Hurricane Deductible with
Reporting Requirement - Florida
HO 04 10 10-00 Additional Interests - Residence Premises
HO 04 41 10-00 Additional Insured - Residence Premises
HO 04 96 10-00 Coverages for Home Day Care Business
IL P 001 01-04 OFAC Advisory Notice
OIR-B1-1655 02-10 Notice of Premium Discounts of Hurricane Loss
Mitigation
OIR-B1-1670 01-06 Checklist of Coverage
OL HO 101 11-15 Animal Liability Exclusion Endorsement
OL HO 120 06-07 Existing Damage Exclusion Endorsement
OL HO 140 12-13 Catastrophic Ground Cover Collapse Notice
OL HO 153 09-14 Diving Board and Pool Slide Liability Limitation
OL HO VL 11-11 Vacancy Limitation Endorsement
OIC DEC 08 15 ADDITIONAL INSURED COPY
HOMEOWNERS RENEWAL POLICY DECLARATION
POLICY OL30149976-06 WITH AGENCY 9967444 FOR POLICY PERIOD 06/27/2020 THRU 06/27/2021
Robert Anderson Masi Insurance, Inc.
Valentyna Anderson 8211 113th St
1699 Aston Hall Dr E Seminole, FL 33772-4128
Jacksonville, FL 32246-0641
(727) 399-1900
***Coverage is provided where premiumand limitof liabilityare shown.
Flood coverage is not provided by this policy.
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.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE
LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENS ES
TO YOU.
OIC DEC 08 15 ADDITIONAL INSURED COPY
HOMEOWNERS RENEWAL POLICY DECLARATION
POLICY OL30149976-06 WITH AGENCY 9967444 FOR POLICY PERIOD 06/27/2020 THRU 06/27/2021
Robert Anderson Masi Insurance, Inc.
Valentyna Anderson 8211 113th St
1699 Aston Hall Dr E Seminole, FL 33772-4128
Jacksonville, FL 32246-0641
(727) 399-1900
PURSUANT TO SECTION 627.70132, FLORIDA STATUTES, LOSS OR DAMAGE CAUSED BY THE PERIL OF WINDSTORM OR HURRICANE IS NOT
COVERED UNLESS NOTICE OF THE CLAIM, SUPPLEMENTAL CLAIM OR REOPENED CLAIM IS PROVIDED TO US IN ACCORDANCE WITH THE
POLICY CONDITIONS, WITHIN THREE (3) YEARS FROM THE DATE THE HURRICANE MADE LANDFALL OR THE WINDSTORM CAUSED THE
DAMAGE.
A rate adjustment of 7.6% credit is included to reflect the building code grade in your area. Adjustments range from 2 % surcharge to 14% credit.
A rate adjustment of 70.0% credit is included to reflect the Windstorm Mitigation Device Credit. This credit applies only to the wind portion of your
premium. Adjustments range from 0% to 90% credit.
Property coverage limit increased at renewal by an inflation factor measured by the ISO Home Value Index.
The amount of premium increase due to approved rate increase is $113.00
The amount of premium increase due to coverage changes is $13.00
THIS REPLACES ALL PREVIOUSLY ISSUED POLICY DECLARATIONS, IF ANY. THIS POLICY APPLIES ONLY TO ACCIDENTS, OCCURENCES, OR
LOSSES WHICH HAPPEN DURING THE POLICY PERIOD SHOWN ABOVE.
AUTHORIZED COUNTER SIGNATURE
DATE 05/03/2020
OIC DEC 08 15 ADDITIONAL INSURED COPY
NOTICE OF CHANGE IN POLICY TERMS
We are sending this notice to you to inform you about important changes to your policy:
Under form OL HO 100 06 18 , SPECIAL PROVISIONS – FLORIDA , the following amendments are
made:
Page 1.:
DEFINITIONS, 3. “Business” is amended to “trade, profession, or occupation.”
DEFINITIONS, 8. “Occurrence” is amended to include assault and battery committed by or at the
direction or with the prior knowledge of an “insured.”
DEFINITIONS, 13. “Emergency Mitigation Services”is added.
SECTION I – PROPERTY COVERAGES, COVERAGE A – DWELLING AND COVERAGE B -
OTHER STRUCTURES in form HO 00 03 and COVERAGE A – DWELLING AND COVERAGE C –
PERSONAL PROPERTY in form HO 00 06 , Special Limits of Liability, Cosmetic and Aesthetic
Damage to Floors – Provision is amended to only apply to floors, including due to discoloration, and
provides that exceptions to the perils affected are those covered under SECTION I – PERILS
INSURED AGAINST, Coverage C – Personal Property.
Coverage B - Other Structuresis specified as the limit shown in the Declarations for Coverage B.
Page 2.:
Additional Living Expense– Coverage is separated by form type HO 00 03 vs. HO 00 04 and HO 00
06. Under forms HO 00 04 and HO 00 06 , coverage applies when there is a loss by a Peril Insured
Against to covered property, or, a Peril Insured against makes the building containing the covered
property not fit to live in.
Page 3.:
2. Reasonable Repairs is deleted and replaced with “Emergency Mitigation Services.” This
provision provides up to $3,000 or 1% of Coverage A, whichever is greater for “Emergency
Mitigation Services” after a loss. Additional coverage may be requested by submitting the written
notice outlined in this provision. This limitation does not apply to a “Hurricane Occurrence.”
K>,KEWdϬϲϭϴ
Page 4.:
8. Collapse is amended to clarify collapse results in a building or any part of a building as a flattened
form or to rubble with the result being that the building or that part of the building cannot be occupied
for its intended purpose.
Page 5.:
Paragraph 12. Accidental Discharge Or Overflow Of Water Or Steamin forms HO 00 04 and HO
00 06– provision is amended to provide clarity for when damage is determined not to be hidden.
A. Coverage A. – Dwelling and Coverage B - Other Structuresin form HO 00 03 , 2.c.(5) is
amended to provide clarity for when damage is determined not to be hidden.
A. Coverage A – Dwelling And Coverage B – Other Structuresin form HO 00 03, 2.c.(6)(i) ,
Pressure from or presence of tree, shrub, or plant roots is added
B. Coverage C – Personal Property, 12. Accidental Discharge Or Overflow Of Water Or Steam
in form HO 00 03 – provision is amended to provide clarity for when damage is determined not
to be hidden.
In Form HO 00 06 with HO 17 51 , for Coverage C., paragraph 3.d. is amended to provide clarity for
when damage is determined not to be hidden.
Page 6.:
In Form HO 00 06 with HO 17 52 , for Coverage A., paragraph 2.c.(5) is amended to provide clarity
for when damage is determined not to be hidden.
SECTION I – EXCLUSIONS , paragraph A. is amended to clarify that we do not insure losses which
would not have occurred in the absence of one or more of the described events.
SECTION I – EXCLUSIONS, 11. Loss Caused by “Sinkhole”is added
SECTION I – EXCLUSIONS, 12. Criminal Acts or Illegal Activityis added.
SECTION I – CONDITIONS , B., Duties After Lossthe first paragraph is amended to read: “After a
loss to which this insurance may apply, you shall see that the following duties are performed.”
SECTION I – CONDITIONS, B., Duties After Loss, 1. is amended to clarify that notice must be
provided to us or our agent immediately in the event of a loss and that, except for “Emergency
Mitigation Services,” 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. This section also provides clarity for when repairs beyond “Emergency Mitigation Services”
are covered in the event we are unreasonably denied access to inspect the loss within the first 72
hours after we are notified of the loss.
SECTION I – CONDITIONS, B. Duties After Loss, 2. is amended to require that in the event of
loss by theft or vandalism, notification must be provided to the police as soon as possible and a copy
of the police report must also be provided to us.
SECTION I – CONDITIONS, B. Duties After Loss, 3. is amended to require that in the event of loss
covered by Credit Card, Electronic Fund Transfer Card or Access Device, or Forgery and Counterfeit
Money, notification must be provided to the electronic transfer card or access device company as
soon as possible.
K>,KEWdϬϲϭϴ
Page 7.
SECTION I – CONDITIONS, B. Duties After Loss, 4. is amended to require that the following must
be performed in order to protect the property from further damage: “Emergency Mitigation Services”
necessary to protect covered property from further damage and to keep an accurate record of the
repairs and expenses, as well as take photos of the damages prior to repairs commencing. Clarifies
that “Emergency Mitigation Services” may include a permanent repair if necessary to protect the
property from further damage or prevent unwanted entry.
SECTION I – CONDITIONS, B. Duties After Loss, 7. is amended to clarify that the cause of the
loss and condition of the property at the time of the loss, except for repairs performed under
“Emergency Mitigation Services,” is required to be shown as often as we reasonably require. This
paragraph also requires that we be allowed to re-inspect which includes, but is not limited to, taking
photos or video of the property to confirm repairs invoiced by third parties were completed, or,
following a supplemental or re-opened claim.
SECTION I – CONDITIONS, B. Duties After Loss, 8. is amended to state that, within 60 days after
the loss, the signed sworn proof of loss must be submitted to us.
The final paragraph of SECTION I – CONDITIONS, B. Duties After Loss is added to clarify that the
duties apply regardless of whether you, an “insured” seeking coverage, or a representative of either
retains or is assisted by a party who provides legal advice, insurance advice, or expert claim advice,
regarding an insurance claim under this Policy.
C. Loss Settlement is amended to exclude carpeting from C.1.b.
C. Loss Settlement is amended to provide clarity for “Emergency Mitigation Services” and that any
contract entered into by you to perform non-emergency repairs shall not interfere with SECTION I –
CONDITIONS, H. Our Option provision.
Page 8.
Final paragraph added to C. Loss Settlement clarifies considerations made in determining whether
a charge is reasonable or necessary.
E. Mediation Or Appraisal– Appraisal is added. Also, if we fail to agree on the settlement
regarding the loss, prior to filing suit, you must notify us of your disagreement and intent to file suit in
writing to allow us an opportunity to exercise our right to demand mediation or appraisal.
Page 9.
F. Other Insurance And Service Agreementis amended to provide clarity in instances where both
policies are listed as covering in excess of the other.
G. Suit Against Usis amended to add that if you and we fail to agree on the settlement regarding
the loss, prior to filing suit, you must notify us of your disagreement and intent to file suit in writing to
allow us an opportunity to exercise our right to demand mediation or appraisal. Also, in the event of
any breach including the failure to comply with any of the terms and conditions by us, you, or an
assignee, the breaching party shall pay the other party’s reasonable attorney’s fees and costs
incurred as a result of any dispute pertaining to the policy.
Page 10.
H. Our Option is clarified to distinguish between losses settled at actual cash value versus
replacement cost and clarifies that, if we choose to exercise our option, we will notify you within 30
K>,KEWdϬϲϭϴ
days after our inspection of the loss. The provision explains that we may invoke our option after
supplemental or re-opened claims regardless of whether we invoked our option during the initial
claim. The section clarifies duties of the insured in order to effectuate repairs and that our decision to
repair or replace doesn’t relieve you or us of our mutual obligations under this contract. Further, any
contract you enter with any third party to perform or facilitate repairs except “Emergency Mitigation
Services” does not interfere with this right.
I. Loss Payment is amended to include reference to appraisal award and to add clarification that
failure to comply with payment of the claim within 90 days of the initial, supplemental, or reopened
claim does not form the basis for private cause of action against us. The provision is also amended
to provide that “Emergency Mitigation Services” are payable as outlined in SECTION I –
PROPERTY COVERAGES, Additional Coverages, 2. Date payment is deemed to have been
made is defined. Clarification regarding our duty to replace payment that has not been received is
also provided.
Page 11.
K. Mortgage Clause, c. is amended to include reference to Appraisal in E. Mediation or Appraisal.
N. Recovered Property is amended to state that the amount of the recovered item returned to you
may include a deduction for expenses incurred in the recovery or storage of the property.
Q. Concealment Or Fraud states that the entire policy will be void if an “insured” has concealed, or
misrepresented a material fact, engaged in fraudulent conduct, or made material false statements
relating to this insurance or to a claim under this policy.
S. Salvage states we may salvage all or part of the damaged property for which payment has been
made.
T. Notice of Claim is updated to state that failure to give the required notice will cause a claim to be
barred.
U. Assignment of Benefitsis added and requires disclosure of the assignment to us prior to the
payment of a claim. The provision clarifies that a denial will be applied to assignees or other third
parties and that we are not responsible for payment for services that are not covered by the policy.
V. Matching of Undamaged Propertyis added to provide clarity regarding matching in regard to
repair or replacement of undamaged property due to mismatch between undamaged and new
material.
Page 12.
The last paragraph of SECTION II – EXCLUSIONS, E. Coverage E – Personal Liability And
Coverage F – Medical Payments To Others, 1. Expected Or Intended Injuryis deleted
SECTION II – EXCLUSIONS, E. Coverage E – Personal Liability And Coverage F – Medical
Payments To Others, 9. Assault Or Batteryis added.
SECTION II – EXCLUSIONS, E. Coverage E – Personal Liability And Coverage F – Medical
Payments To Others, 10. Criminal Actsis added.
SECTION II – EXCLUSIONS, E. Coverage E – Personal Liability And Coverage F – Medical
Payments To Others, 11. Trampolinesis added.
K>,KEWdϬϲϭϴ
J. Concealment Or Fraudstates that the entire policy will be void if an “insured” has concealed, or
misrepresented a material fact, engaged in fraudulent conduct, or made material false statements
relating to this insurance or to a claim under this policy.
Page 13.
C. Cancellation, 2. Is amended to provide for cancellation terms when a state of emergency is
declared, the Commissioner of Insurance Regulation files an Emergency Order, and the “residence
premises” has been damaged as a result of a hurricane or wind loss which is the subject of the
declared emergency.
Page 14.
D. Nonrenewal is amended to provide for nonrenewal terms when a state of emergency is declared,
the Commissioner of Insurance Regulation files and Emergency Order, and the “residence premises”
has been damaged as a result of a hurricane or wind loss which is the subject of the declared
emergency.
F. Subrogation is revised to provide that all rights of recovery are automatically transferred to us
from you upon our payment to you to the extent of our payment and that you must do nothing after
loss to impair our recovery rights. Further, this provision clarifies your duties to facilitate subrogation
upon our request.
Page 15.
J. Change in Occupancy or Usage of “Residence Premises” is added and clarifies that notification
is required when there is a change of ownership, title, use, or occupancy of the “residence premises”
and that losses will not be covered if notification is not provided within 60 days of the change.
K. What Law Governs is added.
This notice is for informational purposes only and is not intended to replace or amend any
language within your policy. We encourage you to read your entire policy.
Thank you for being an Olympus policyholder.
K>,KEWdϬϲϭϴ
IMPORTANT NOTICE
IN CASE OF A LOSS, PLEASE NOTE:
This policy contains an Additional Coverage for “Emergency Mitigation Services,” found in
form OL HO 100 06 18, SECTION I – PROPERTY COVERAGES, E. Additional
Coverages, 2. “Emergency Mitigation Services.”
“Emergency Mitigation Services” means necessary measures taken to prevent covered
property from further damage when the damage or loss is caused by a Peril Insured Against.
Coverage for “Emergency Mitigation Services” is limited to $3,000 or 1% of your Coverage
A limit of liability, whichever is greater.
Requests to exceed this limit must be submitted in writing by either facsimile to 1 (866)-903-
3521 or by electronic mail to EMS@oigfl.com. In order for these requests to be valid, the
following supporting documentation must be provided with the request:
(1) The date the request is submitted to us;
(2) The identity of all Named Insureds;
(3) The identity and contact information of any and all Assignees;
(4) A complete and executed copy of all Assignment of Claim Benefits;
(5) The date of loss;
(6) The address where the loss occurred;
(7) Description of loss and location of damages;
(8) All photographs, videos, moisture readings, and work logs that demonstrate the
damage and work performed up to the time of the request;
(9) Itemized estimate of proposed “Emergency Mitigation Services;”
(10) Estimated timeframe of completion; and
(11) All other information or documentation reasonably requested.
We will respond to you or your assignee within forty-eight (48) hours of your or your
assignee’s request to us to exceed the greater of $3,000 or 1% of your Coverage A limit of
liability.
This coverage does not increase the limit of liability that applies to the covered property. This
does not relieve you of your duties in case of a loss to covered property as set forth in
SECTION I - CONDITIONS, B. in form OL HO 100 06 18. This coverage also does not
pay for property not covered or for repairs resulting from a peril not covered, or for loss
excluded in this policy.
The limitation for “Emergency Mitigation Services” does not apply in the event of damage as
a result of a covered Hurricane Occurrence, as defined in form HO 03 52.
Homeowners
Insurance
Policy
Olympus Insurance Company
FOR NEW OR EXISTING CLAIMS
SERVICE PLEASE CALL: 866-281-2242
For all other requests, please contact your agent
or our Customer Service Department: 800-711-9386
OL J1 07 14 Page 1 of 2
OLYMPUS INSURANCE COMPANY
Dear Policyholder:
A new federal law requires us, as your residential property insurer, to provide you with a copy of
our Privacy Policy. We are glad to have this opportunity to do so and to communicate to you our
commitment to guard against inappropriate disclosure of nonpublic personal information.
Our Privacy Policy
We collect and use information necessary to administer your policy and provide you with efficient
customer service. We collect and maintain several types of information needed for these
purposes, such as those below:
• Information provided by you on your application for insurance coverage, such as your name,
address, telephone number, email address, age of your home, and type of construction.
• Information gathered from you as our insured, such as how long you've been our
insured, your payment history, what kind of coverage you have, underwriting
information and claims information.
Limited Disclosure
We do not disclose any nonpublic personal information about you or any of our policyholders to
anyone except as permitted by law.
Protecting Confidentiality
When we share nonpublic personal information about you, as permitted by law, we protect that
personal information with a confidentiality agreement that obligates the recipient of the
information to keep it confidential.
OL GLB 06 13
HOMEOWNERS POLICY OUTLINE OF COVERAGE
This following outline of coverage is for informational
Windstorm or hail - *Note (1)
purposes only. Florida law prohibits this outline from
Explosion
changing any of the provisions of the insurance contract
Riot or civil commotion
that is the subject of this outline. Any endorsement
Aircraft & Vehicles
regarding changes in types of coverage, exclusions,
Smoke
limitations, reductions, deductibles, coinsurance, renewal
Vandalism or malicious mischief
provisions, cancellation provisions, surcharges, or credits
Theft
will affect how your policy responds in the event of a loss.
Falling Objects
SECTION I – PROPERTY COVERAGE Accidental discharge or overflow of water from an
Coverage A – Dwelling appliance
Applies to your residence premises, protects your dwelling Sudden and accidental tearing apart, cracking, burning or
and structures attached to your dwelling. It also protects bulging of a hot water system, air conditioner or fire
against covered loss to building materials located on your sprinkler system
residence premises which are being used in connection Freezing
with your residence premises. Fungi, Wet or Dry Rot, or Bacteria
Sudden and accidental damage from artificially
Coverage B – Other Structures generated electrical current.
Protects against covered loss to any structure on your Volcanic eruption
residence premises not physically attached to the Sinkhole Collapse (HO4 Only – Optional for HO3 & HO6)
dwelling. Note: *(1)
Coverage C – Personal Property The peril of Windstorm or Hail may be excluded (coverage
Protects against covered loss to your personal property may only added or removed effective at policy inception or
such as clothing and furniture. Special limits apply to renewal date.) after acceptance by the company of a
some types of personal property or the circumstances of completely executed Windstorm Rejection Form OL HO
the loss including but not limited to: money, securities, XW and, if the property is subject to a mortgage or lien,
watercraft, theft of jewelry, firearms, silverware and theft the written statement, signed by an officer of the mortgage
away from the “residence premises”. Additionally, there or lien holder, expressly approving the exclusion of
are some items not covered under Coverage “C”. Some windstorm or hurricane. This exclusion may only be added
examples are animals, motorized vehicles and property of or removed effective at policy inception or at renewal.
roomers or boarders and other tenant
Preview
16-2023-CA-001706-XXXX-MA Div: CV-H Filing # 168818590 E-Filed 03/15/2023 05:23:23 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CIVIL DIVISION ROBERT ANDERSON, VALENTYNA ANDERSON, And DARIA KOSTIN, Plaintiffs, vs. CASE NO.: OLYMPUS INSURANCE COMPANY, Defendant. __________________________/ COMPLAINT Plaintiffs, ROBERT ANDERSON, VALENTYNA ANDERSON and DARIA KOSTIN (“PLAINTIFFS”), by and through the undersigned counsel, hereby file their Complaint for breach of contract against the Defendant, OLYMPUS INSURANCE COMPANY (“OLYMPUS”), and as grounds therefor states as follows: 1. This is an action arising out of an insurance contract against the Defendant, OLYMPUS. 2. The amount in controversy in this action exceeds the amount of $50,000 (Fifty thousand dollars) exclusive of pre-judgment interest, court costs, and attorney’s fees. 3. At all times relevant hereto, PLAINTIFFS owned real property located at 1699 Aston Hall Drive, E, Jacksonville, Florida 32246, Duval County, Florida (“The Insured Property”). 1 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 03/17/2023 04:00:01 PM 4. At all times relevant hereto, OLYMPUS was a Florida corporation, engaged in the business of insurance and doing business throughout the State of Florida, including Duval County, Florida. 5. In consideration of the premium paid to it by PLAINTIFFS, OLYMPUS issued a contract of homeowner’s insurance to PLAINTIFFS, Policy Number OL30149976-06 (“The Policy”), which was in full force and effect during the time the Insured property was damaged by a windstorm that occurred on April 10, 2021. A copy of the Policy is attached hereto as Exhibit A. 6. The laws of Florida in effect at the time the Policy was issued are part of the Policy and incorporated herein. 7. The Policy purchased by PLAINTIFFS from OLYMPUS is an all-risks policy of insurance, covering for all risks except those specifically excluded. 8. On or about April 10, 2021, PLAINTIFFS’ Insured Property was damaged by windstorm which caused PLAINTIFFS to suffer, and continue to suffer, a substantial loss regarding their property. 9. PLAINTIFFS timely reported the loss and damage to OLYMPUS. 10. At all times material, PLAINTIFFS fully cooperated with OLYMPUS and its agents/representatives’ investigation of their claim. 11. Concerned about the claim being adjusted timely and correctly, the PLAINTIFFS retained Sepia Group, LLC (Sepia), a Florida-based public adjusting firm to assist them with their claim. 2 12. The field inspection of the property occurred on February 17, 2022. The initial desk adjuster, David Hendershott, was assigned to the claim. 13. As part of SEPIA’s assistance with the claim, they accompanied OLYMPUS to the inspection and performed their own site inspection of the subject property, took photographs and prepared a detailed, line-by-line estimate of the loss and damages. 14. Initially, Mr. Hendershott advised that OLYMPUS was requesting a recorded statement, but ultimately abandoned that request in favor of trying to pursue a resolution of the claim through a settlement. 15. When those discussions did not materialize, the PLAINTIFFS, through SEPIA submitted a Proof of Loss to Mr. Hendershott on May 31, 2022. 16. The claim was then assigned a new adjuster, Amber Barnard on June 2, 2022. 17. On June 13, 2022, Ms. Bernard requested a re-inspection of the property to specifically view the interior damages as she apparently did not have the documentation from the interior damages (despite them having prior access to the interior). 18. The original field adjuster, Norman Rogers (who had inspected the insured property in February), was asked to return for a reinspection because apparently Olympus had lost or misplaced the documentation and photographs of the interior damages. Additionally, Mr. Rogers explained the PLAINTIFFS through SEPIA, that he already submitted coverage for payment of this claim and discussed the extent of the minor interior damage. 3 19. Based on their discussion, the PLAINTIFFS, through SEPIA agreed to send Ms. Bernard any photos, documents, measurements, or anything that would assist in Ms. Bernard's assessment of the interior to limit the need for further inspection as based on their conversation, the Insureds (through SEPIA) and Mr. Rogers were in agreement with the scope of work needed to be added. 20. Nonetheless, Ms. Bernard preferred that the remaining interior issues be inspected (again) by her adjuster. In an effort to cooperate with the claim and keep things moving forward, SEPIA (on the PLAINTIFFS' behalf) then met Mr. Rogers at the property on July 25, 2022, where he informed SEPIA and the PLAINTIFFS the roof was covered and submitted a request for payment for a full roof replacement. He also stated that he would be adding the interior room for coverage and payment as well. 21. At the re-inspection, the only interior room missed in the initial inspection was assessed and added and no additional roof inspection was completed. 22. During the course of June and July 2022, SEPIA communicated with Ms. Bernard on this matter on multiple occasions via phone and email in which Mrs. Keith reminded that the PLAINTIFFS had not received the coverage determination, estimate, policy, etc. 23. And, despite the PLAINTIFFS’ prior willingness to submit to a recorded statement, but those discussions being paused by the prior adjuster in favor of settlement communications, the PLAINTIFFS, through SEPIA, were advised during these conversations that the reason the PLAINTIFFS had not received their claim position was because the PLAINTIFFS did not provide a recorded statement. 4 24. Despite this confusion, PLAINTIFFS cooperated with this request and provided a recorded statement on July 29, 2022. Afterwards, Ms. Bernard reported she would contact the PLAINTIFFS, through SEPIA about coverage by the following Tuesday, or August 1, 2022. 25. Relying on Ms. Bernard's statement, the PLAINTIFFS, through SEPIA followed up with her via phone and email to which Ms. Bernard failed and refused to respond to. 26. OLYMPUS' first communication since the recorded statement was when the file was transferred back to Mr. Hendershott on August 22, 2022, wherein he sent correspondence - for the first time - invoking OLYMPUS’ right to repair. Prior to this email, OLYMPUS never provided a copy of the insureds’ policy although Mrs. Keith had requested same since February of 2022. Up to that point, the only thing in the PLAINTIFFS' possession was a declarations page which showed no such information on OLYMPUS’ choice to invoke their right to repair. 27. The Policy clearly states that OLYMPUS only has the right to invoke this right to repair thirty (30) days after inspection. See Exhibit “A.” 28. This claim is not a supplemental or a re-opened claim, so the secondary inspection in July of 2022 due to a missed spot on the interior would not be applicable under the policy terms. This claim has been continuously active from the date the claim was filed, therefore, per the insurer's rights under the policy, the insurer has forfeited their right to invoke their right to repair since over six (6) months had elapsed between the inspection time. Had OLYMPUS wanted to invoke its right to repair, it should have and could have done so in March 2022. 5 29. The PLAINTIFFS entered a contractual agreement with their contractor of choice and SEPIA, on behalf of the Insureds, provided the contractor's estimate to OLYMPUS on May 31, 2022. See Exhibit “B.” 30. To date, OLYMPUS has failed and refused to pay the claim. 31. The Plaintiffs are owed for repairs per their contractor’s estimate, plus necessary additional living expenses for when they move out during the repair process. 32. On August 24, 2022, SEPIA demanded mediation on behalf of the PLAINTIFFS, but still urged OLYMPUS to seek a resolution to this claim pre-mediation and again asked OLYMPUS to retract their right to repair as they forfeited said right under the policy terms (by not invoking within the required timeframe). 33. After several requests by the PLAINTIFFS (through SEPIA) to just resolve the claim so that the PLAINTIFFS could proceed with repairs using their own contractor, OLYMPUS ultimately made a very lowball offer of around $1,500. 34. There was no way that any contractor could do the work for that amount, and thus, PLAINTIFFS felt compelled to retain the undersigned to assist them in the dispute of their claim. COUNT I – BREACH OF CONTRACT 35. This is an action for breach of contract against OLYMPUS. 36. PLAINTIFFS re-allege and incorporate paragraphs 1-33 as if fully set forth herein. 37. OLYMPUS has failed and/or refused to timely, thoroughly, accurately, and completely adjust, investigate, and evaluate the Insureds’ insurance claim for damages. 6 38. By failing to pay what is owed to PLAINTIFFS by denying their claim and/or late invoking its right to repair, OLYMPUS has breached its contract with PLAINTIFFS. 39. PLAINTIFFS have done and performed all things required of their under the policy and Florida law, have complied with all conditions precedent under Florida Law and are otherwise waived and/or excused from performing same by the acts, representations, and/or conduct of OLYMPUS, its agents and/or employees. 40. As a direct result of OLYMPUS’ breach of its insurance contract, PLAINTIFFS has been financially damaged and will continue to suffer such damage and loss in the future. 41. Finally, and as a direct result of OLYMPUS’ breach of its insurance contract, it has been necessary for PLAINTIFFS to incur and become obligated for attorney’s fees and costs in the prosecution of this action. Section §627.428, Florida Statutes provides for the recovery of such attorney’s fees in the event of such need. WHEREFORE, the PLAINTIFFS pray this Court provide the following relief: 1. Determine that OLYMPUS breached its insurance contract with PLAINTIFFS; 2. Enter an order directing OLYMPUS to pay, in full, all contractual and compensatory damages owed under the insurance policy; 3. Award pre-judgment interest on the amounts unpaid by OLYMPUS; 4. Award the costs of this action; 5. Award attorney’s fees pursuant to §627.428, Fla. Stat. and; 6. Grant such other relief as this Court may deem just and appropriate under the circumstances. 7 PLAINTIFFS demand a jury trial on all issues triable pursuant to Fla. R. Civ. P. 1.430. COUNT II – DECLARATORY JUDGMENT ACTION 42. This is an action for declaratory judgment action against OLYMPUS pursuant to Chapter 86, Florida Statutes. 43. The PLAINTIFFS re-allege and incorporate paragraphs 1 through 33 as if fully set forth herein. 44. This action is filed for the purpose of determining an actual controversy between PLAINTIFFS and OLYMPUS. 45. Significantly beyond the thirty (30) days that OLYMPUS had per its own policy to invoke the right to repair provision, it attempted to do so after stringing its Insureds along for several months. 46. As a result of the facts set forth above, a dispute has arisen which has left PLAINTIFFS insecure, uncertain, and in doubt with respect to their rights and status of other equitable or legal responsibilities under the insurance contract, to wit: (i) whether Defendant has waived and/or is estopped from exercising its option to repair and from exercising those provisions under the policy, based on its failure to exercise that right, or ever advise PLAINTIFFS or SEPIA that it was planning to invoke said right ii) that the preferred contractor endorsement is unconscionable and otherwise unenforceable given that PLAINTIFFS have no choice but to accept the Insurer’s contractor, cannot choose the materials used, and, when requested (through their Public Adjuster) were not provided with particulars about how the repairs would take place or what they would cost, iii) where its unclear whether the repair option provision is material to the policy. 8 47. There exists a bona fide, actual, present, and practicable need for the declaration of the parties’ rights, duties, and obligations. 48. There exists a present and ascertainable state of facts concerning the rights and obligations of both PLAINTIFFS and OLYMPUS under the Policy. 49. The rights and obligations of both PLAINTIFFS and OLYMPUS under the Policy are dependent upon the facts, and law applicable to the facts, regarding the terms and conditions under the Policy. 50. PLAINTIFFS have an actual, present, adverse, and antagonistic interest in the subject matter described herein, and seek declaration from the Court that: (i) that Defendant has waived and/or is estopped from exercising its option to repair and from exercising those provisions under the policy, where it failed to invoke that right within the required timeframe as provided for in its own policy (i.e. thirty days); (ii) that the preferred contractor endorsement is unconscionable and otherwise unenforceable because the Insureds have no choice but to accept the Insurer’s contractor, cannot choose the materials used, and, when requested (through their Public Adjuster) were not provided with particulars about how the repairs would take place or what they would cost, and where it does not appear the Plaintiffs were given specifics about the Contractors’ qualifications and/or credentials; and/or (iii) that the repair option provision is not material to the policy; and/or (iv) for any further declaration by the Court supported by the law and facts. 51. Due to OLYMPUS conduct, PLAINTIFFS have been obligated to retain the undersigned counsel to bring this action and, pursuant to Florida Statute §627.428, are entitled to reasonable attorney's fees in this matter. 52. WHEREFORE, the PLAINTIFFS request this Honorable Court take jurisdiction of this matter and declare the parties' rights and duties under the Policy and Florida law, including but not limited to: i) a decree in their favor on all of the above issues; ii) an award of reasonable attorney's fees and costs; iii) a reservation of jurisdiction to enter such further orders as may be required to enforce the Court's 9 declaration of the parties' rights and to determine any disputes that may arise in adjusting or paying the loss upon a determination of coverage; and iv) for such other and further relief as this Court deems just, proper and equitable. Further, Plaintiff requests a jury trial on all issues so triable pursuant to Fla. R. Civ. P. 1.430. Dated this 15th day of March 2023. DANAHY & DUNNAVANT, P.A. s/ Erin E. Dunnavant ___________________________ ERIN E. DUNNAVANT, ESQUIRE Florida Bar No. 89328 901 West Swann Avenue Tampa, Florida 33606 (813) 906-1841 (813) 579-1912 (fax) E-Service: erin@danddlaw.com damian@danddlaw.com service@danddlaw.com Attorney for Plaintiffs 10 NOTICE OF REINSTATEMENT POLICY OL30149976-06 WITH AGENCY 9967444 FOR POLICY PERIOD 06/27/2020 THRU 06/27/2021 Robert Anderson Masi Insurance, Inc. Valentyna Anderson 8211 113th St 1699 Aston Hall Dr E Seminole, FL 33772-4128 Jacksonville, FL 32246-0641 (727) 399-1900 Location(s) of Property Insured: 1699 Aston Hall Dr E Jacksonville, FL 32246-0641 Dear Policyholder: Your policy has been reinstated as of the Policy Effective Date listed above and the coverage provided is now in full force and effect. If any payments are due a separate invoice will be generated. Payments may be mailed or made online. To make a payment online, go to www.olympusinsurance.com and click the 'Make a Payment' link. All premium payment must be made in U.S. dollars and drawn on a U.S. financial institution. Thank you for choosing our company for your insurance needs. Olympus Insurance Company (;+,%,7$ OLNRS 02 16 INSURED COPY NOTICE DATE 07/09/2020 PAGE 1 HOMEOWNERS RENEWAL POLICY DECLARATION POLICY OL30149976-06 WITH AGENCY 9967444 FOR POLICY PERIOD 06/27/2020 THRU 06/27/2021 Robert Anderson Masi Insurance, Inc. Valentyna Anderson 8211 113th St 1699 Aston Hall Dr E Seminole, FL 33772-4128 Jacksonville, FL 32246-0641 (727) 399-1900 For your convenience, all of your policy information is now available online. Log into the customer portal on our website at www.olympusinsurance.com and start enjoying 24/7 access to your account. We appreciate your business and your trust in Olympus! LOCATION OF PROPERTY INSURED 1699 Aston Hall Dr E Jacksonville, FL 32246-0641 BASIC ATTACHED POLICY POLICY POLICY TOTAL COVERAGES ENDORSEMENTS CREDITS FEES/ TAXES ASSESSMENT POLICY PREMIUM PREMIUM PREMIUM $779.00 $0.00 $0.00 $27.00 $0.00 $806.00 DEDUCTIBLE INFORMATION FORM TYPE ALL OTHER PERILS DEDUCTIBLE HURRICANE DEDUCTIBLE HO-3 $2,500 2% = $4,136 COVERAGE LIMITS AND PREMIUMS - SECTION I Coverage A - Dwelling $206,805 $779.50 Coverage B - Other Structures $4,136 Included Coverage C - Personal Property $103,402 Included Coverage D - Loss of Use $20,681 Included Hurricane Premium ---------$72.88 Included COVERAGE LIMITS AND PREMIUMS - SECTION II Coverage E - Personal Liability $100,000 Included Coverage F - Medical Payments to Others $1,000 Included OIC DEC 08 15 ADDITIONAL INSURED COPY HOMEOWNERS RENEWAL POLICY DECLARATION POLICY OL30149976-06 WITH AGENCY 9967444 FOR POLICY PERIOD 06/27/2020 THRU 06/27/2021 Robert Anderson Masi Insurance, Inc. Valentyna Anderson 8211 113th St 1699 Aston Hall Dr E Seminole, FL 33772-4128 Jacksonville, FL 32246-0641 (727) 399-1900 POLICY CHARGES AND CREDITS Emergency Management Trust Fund Surcharge $2.00 MGA Policy Fee $25.00 Mitigation Credit (Included in Coverage A) $-885.50 MORTGAGEE(S) Mortgagee 1 / Loan #:321404093094 5 STATEHOUSE PLAZA SUITE 500 BANK OF ENGLAND DBA ENG LENDING ISAOA ATIMA LITTLE ROCK, AR 72201 POLICY FORMS AND ENDORSEMENTS NUMBER DATE LIMIT PREMIUM OL HO NCPT 06 18 06-18 Notice of Change in Policy Terms Important Notice - 06-18 Important Notice - Emergency Mitigation Services EMS OL J1 07-14 Homeowners Policy Jacket OL GLB 06-13 Privacy Policy OL OC 05-19 Homeowners Policy Outline of Coverage OL HO LO 06-07 Ordinance or Law Coverage Notification Form OL DO 05-19 Deductible Options Notice HO3 IDX 06-07 Homeowners 3 - Policy Index HO 00 03 10-00 Homeowners 3 - Special Form OL HO 100 06-18 Special Provisions - Florida HO 03 34 05-03 Limited Fungi, wet or dry rot, or bacteria. Section II HO 03 52 01-06 Calendar Year Hurricane Deductible with Reporting Requirement - Florida HO 04 10 10-00 Additional Interests - Residence Premises HO 04 41 10-00 Additional Insured - Residence Premises HO 04 96 10-00 Coverages for Home Day Care Business IL P 001 01-04 OFAC Advisory Notice OIR-B1-1655 02-10 Notice of Premium Discounts of Hurricane Loss Mitigation OIR-B1-1670 01-06 Checklist of Coverage OL HO 101 11-15 Animal Liability Exclusion Endorsement OL HO 120 06-07 Existing Damage Exclusion Endorsement OL HO 140 12-13 Catastrophic Ground Cover Collapse Notice OL HO 153 09-14 Diving Board and Pool Slide Liability Limitation OL HO VL 11-11 Vacancy Limitation Endorsement OIC DEC 08 15 ADDITIONAL INSURED COPY HOMEOWNERS RENEWAL POLICY DECLARATION POLICY OL30149976-06 WITH AGENCY 9967444 FOR POLICY PERIOD 06/27/2020 THRU 06/27/2021 Robert Anderson Masi Insurance, Inc. Valentyna Anderson 8211 113th St 1699 Aston Hall Dr E Seminole, FL 33772-4128 Jacksonville, FL 32246-0641 (727) 399-1900 ***Coverage is provided where premiumand limitof liabilityare shown. Flood coverage is not provided by this policy. 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. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENS ES TO YOU. OIC DEC 08 15 ADDITIONAL INSURED COPY HOMEOWNERS RENEWAL POLICY DECLARATION POLICY OL30149976-06 WITH AGENCY 9967444 FOR POLICY PERIOD 06/27/2020 THRU 06/27/2021 Robert Anderson Masi Insurance, Inc. Valentyna Anderson 8211 113th St 1699 Aston Hall Dr E Seminole, FL 33772-4128 Jacksonville, FL 32246-0641 (727) 399-1900 PURSUANT TO SECTION 627.70132, FLORIDA STATUTES, LOSS OR DAMAGE CAUSED BY THE PERIL OF WINDSTORM OR HURRICANE IS NOT COVERED UNLESS NOTICE OF THE CLAIM, SUPPLEMENTAL CLAIM OR REOPENED CLAIM IS PROVIDED TO US IN ACCORDANCE WITH THE POLICY CONDITIONS, WITHIN THREE (3) YEARS FROM THE DATE THE HURRICANE MADE LANDFALL OR THE WINDSTORM CAUSED THE DAMAGE. A rate adjustment of 7.6% credit is included to reflect the building code grade in your area. Adjustments range from 2 % surcharge to 14% credit. A rate adjustment of 70.0% credit is included to reflect the Windstorm Mitigation Device Credit. This credit applies only to the wind portion of your premium. Adjustments range from 0% to 90% credit. Property coverage limit increased at renewal by an inflation factor measured by the ISO Home Value Index. The amount of premium increase due to approved rate increase is $113.00 The amount of premium increase due to coverage changes is $13.00 THIS REPLACES ALL PREVIOUSLY ISSUED POLICY DECLARATIONS, IF ANY. THIS POLICY APPLIES ONLY TO ACCIDENTS, OCCURENCES, OR LOSSES WHICH HAPPEN DURING THE POLICY PERIOD SHOWN ABOVE. AUTHORIZED COUNTER SIGNATURE DATE 05/03/2020 OIC DEC 08 15 ADDITIONAL INSURED COPY NOTICE OF CHANGE IN POLICY TERMS We are sending this notice to you to inform you about important changes to your policy: Under form OL HO 100 06 18 , SPECIAL PROVISIONS – FLORIDA , the following amendments are made: Page 1.: DEFINITIONS, 3. “Business” is amended to “trade, profession, or occupation.” DEFINITIONS, 8. “Occurrence” is amended to include assault and battery committed by or at the direction or with the prior knowledge of an “insured.” DEFINITIONS, 13. “Emergency Mitigation Services”is added. SECTION I – PROPERTY COVERAGES, COVERAGE A – DWELLING AND COVERAGE B - OTHER STRUCTURES in form HO 00 03 and COVERAGE A – DWELLING AND COVERAGE C – PERSONAL PROPERTY in form HO 00 06 , Special Limits of Liability, Cosmetic and Aesthetic Damage to Floors – Provision is amended to only apply to floors, including due to discoloration, and provides that exceptions to the perils affected are those covered under SECTION I – PERILS INSURED AGAINST, Coverage C – Personal Property. Coverage B - Other Structuresis specified as the limit shown in the Declarations for Coverage B. Page 2.: Additional Living Expense– Coverage is separated by form type HO 00 03 vs. HO 00 04 and HO 00 06. Under forms HO 00 04 and HO 00 06 , coverage applies when there is a loss by a Peril Insured Against to covered property, or, a Peril Insured against makes the building containing the covered property not fit to live in. Page 3.: 2. Reasonable Repairs is deleted and replaced with “Emergency Mitigation Services.” This provision provides up to $3,000 or 1% of Coverage A, whichever is greater for “Emergency Mitigation Services” after a loss. Additional coverage may be requested by submitting the written notice outlined in this provision. This limitation does not apply to a “Hurricane Occurrence.” K>,KEWdϬϲϭϴ Page 4.: 8. Collapse is amended to clarify collapse results in a building or any part of a building as a flattened form or to rubble with the result being that the building or that part of the building cannot be occupied for its intended purpose. Page 5.: Paragraph 12. Accidental Discharge Or Overflow Of Water Or Steamin forms HO 00 04 and HO 00 06– provision is amended to provide clarity for when damage is determined not to be hidden. A. Coverage A. – Dwelling and Coverage B - Other Structuresin form HO 00 03 , 2.c.(5) is amended to provide clarity for when damage is determined not to be hidden. A. Coverage A – Dwelling And Coverage B – Other Structuresin form HO 00 03, 2.c.(6)(i) , Pressure from or presence of tree, shrub, or plant roots is added B. Coverage C – Personal Property, 12. Accidental Discharge Or Overflow Of Water Or Steam in form HO 00 03 – provision is amended to provide clarity for when damage is determined not to be hidden. In Form HO 00 06 with HO 17 51 , for Coverage C., paragraph 3.d. is amended to provide clarity for when damage is determined not to be hidden. Page 6.: In Form HO 00 06 with HO 17 52 , for Coverage A., paragraph 2.c.(5) is amended to provide clarity for when damage is determined not to be hidden. SECTION I – EXCLUSIONS , paragraph A. is amended to clarify that we do not insure losses which would not have occurred in the absence of one or more of the described events. SECTION I – EXCLUSIONS, 11. Loss Caused by “Sinkhole”is added SECTION I – EXCLUSIONS, 12. Criminal Acts or Illegal Activityis added. SECTION I – CONDITIONS , B., Duties After Lossthe first paragraph is amended to read: “After a loss to which this insurance may apply, you shall see that the following duties are performed.” SECTION I – CONDITIONS, B., Duties After Loss, 1. is amended to clarify that notice must be provided to us or our agent immediately in the event of a loss and that, except for “Emergency Mitigation Services,” 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. This section also provides clarity for when repairs beyond “Emergency Mitigation Services” are covered in the event we are unreasonably denied access to inspect the loss within the first 72 hours after we are notified of the loss. SECTION I – CONDITIONS, B. Duties After Loss, 2. is amended to require that in the event of loss by theft or vandalism, notification must be provided to the police as soon as possible and a copy of the police report must also be provided to us. SECTION I – CONDITIONS, B. Duties After Loss, 3. is amended to require that in the event of loss covered by Credit Card, Electronic Fund Transfer Card or Access Device, or Forgery and Counterfeit Money, notification must be provided to the electronic transfer card or access device company as soon as possible. K>,KEWdϬϲϭϴ Page 7. SECTION I – CONDITIONS, B. Duties After Loss, 4. is amended to require that the following must be performed in order to protect the property from further damage: “Emergency Mitigation Services” necessary to protect covered property from further damage and to keep an accurate record of the repairs and expenses, as well as take photos of the damages prior to repairs commencing. Clarifies that “Emergency Mitigation Services” may include a permanent repair if necessary to protect the property from further damage or prevent unwanted entry. SECTION I – CONDITIONS, B. Duties After Loss, 7. is amended to clarify that the cause of the loss and condition of the property at the time of the loss, except for repairs performed under “Emergency Mitigation Services,” is required to be shown as often as we reasonably require. This paragraph also requires that we be allowed to re-inspect which includes, but is not limited to, taking photos or video of the property to confirm repairs invoiced by third parties were completed, or, following a supplemental or re-opened claim. SECTION I – CONDITIONS, B. Duties After Loss, 8. is amended to state that, within 60 days after the loss, the signed sworn proof of loss must be submitted to us. The final paragraph of SECTION I – CONDITIONS, B. Duties After Loss is added to clarify that the duties apply regardless of whether you, an “insured” seeking coverage, or a representative of either retains or is assisted by a party who provides legal advice, insurance advice, or expert claim advice, regarding an insurance claim under this Policy. C. Loss Settlement is amended to exclude carpeting from C.1.b. C. Loss Settlement is amended to provide clarity for “Emergency Mitigation Services” and that any contract entered into by you to perform non-emergency repairs shall not interfere with SECTION I – CONDITIONS, H. Our Option provision. Page 8. Final paragraph added to C. Loss Settlement clarifies considerations made in determining whether a charge is reasonable or necessary. E. Mediation Or Appraisal– Appraisal is added. Also, if we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement and intent to file suit in writing to allow us an opportunity to exercise our right to demand mediation or appraisal. Page 9. F. Other Insurance And Service Agreementis amended to provide clarity in instances where both policies are listed as covering in excess of the other. G. Suit Against Usis amended to add that if you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement and intent to file suit in writing to allow us an opportunity to exercise our right to demand mediation or appraisal. Also, in the event of any breach including the failure to comply with any of the terms and conditions by us, you, or an assignee, the breaching party shall pay the other party’s reasonable attorney’s fees and costs incurred as a result of any dispute pertaining to the policy. Page 10. H. Our Option is clarified to distinguish between losses settled at actual cash value versus replacement cost and clarifies that, if we choose to exercise our option, we will notify you within 30 K>,KEWdϬϲϭϴ days after our inspection of the loss. The provision explains that we may invoke our option after supplemental or re-opened claims regardless of whether we invoked our option during the initial claim. The section clarifies duties of the insured in order to effectuate repairs and that our decision to repair or replace doesn’t relieve you or us of our mutual obligations under this contract. Further, any contract you enter with any third party to perform or facilitate repairs except “Emergency Mitigation Services” does not interfere with this right. I. Loss Payment is amended to include reference to appraisal award and to add clarification that failure to comply with payment of the claim within 90 days of the initial, supplemental, or reopened claim does not form the basis for private cause of action against us. The provision is also amended to provide that “Emergency Mitigation Services” are payable as outlined in SECTION I – PROPERTY COVERAGES, Additional Coverages, 2. Date payment is deemed to have been made is defined. Clarification regarding our duty to replace payment that has not been received is also provided. Page 11. K. Mortgage Clause, c. is amended to include reference to Appraisal in E. Mediation or Appraisal. N. Recovered Property is amended to state that the amount of the recovered item returned to you may include a deduction for expenses incurred in the recovery or storage of the property. Q. Concealment Or Fraud states that the entire policy will be void if an “insured” has concealed, or misrepresented a material fact, engaged in fraudulent conduct, or made material false statements relating to this insurance or to a claim under this policy. S. Salvage states we may salvage all or part of the damaged property for which payment has been made. T. Notice of Claim is updated to state that failure to give the required notice will cause a claim to be barred. U. Assignment of Benefitsis added and requires disclosure of the assignment to us prior to the payment of a claim. The provision clarifies that a denial will be applied to assignees or other third parties and that we are not responsible for payment for services that are not covered by the policy. V. Matching of Undamaged Propertyis added to provide clarity regarding matching in regard to repair or replacement of undamaged property due to mismatch between undamaged and new material. Page 12. The last paragraph of SECTION II – EXCLUSIONS, E. Coverage E – Personal Liability And Coverage F – Medical Payments To Others, 1. Expected Or Intended Injuryis deleted SECTION II – EXCLUSIONS, E. Coverage E – Personal Liability And Coverage F – Medical Payments To Others, 9. Assault Or Batteryis added. SECTION II – EXCLUSIONS, E. Coverage E – Personal Liability And Coverage F – Medical Payments To Others, 10. Criminal Actsis added. SECTION II – EXCLUSIONS, E. Coverage E – Personal Liability And Coverage F – Medical Payments To Others, 11. Trampolinesis added. K>,KEWdϬϲϭϴ J. Concealment Or Fraudstates that the entire policy will be void if an “insured” has concealed, or misrepresented a material fact, engaged in fraudulent conduct, or made material false statements relating to this insurance or to a claim under this policy. Page 13. C. Cancellation, 2. Is amended to provide for cancellation terms when a state of emergency is declared, the Commissioner of Insurance Regulation files an Emergency Order, and the “residence premises” has been damaged as a result of a hurricane or wind loss which is the subject of the declared emergency. Page 14. D. Nonrenewal is amended to provide for nonrenewal terms when a state of emergency is declared, the Commissioner of Insurance Regulation files and Emergency Order, and the “residence premises” has been damaged as a result of a hurricane or wind loss which is the subject of the declared emergency. F. Subrogation is revised to provide that all rights of recovery are automatically transferred to us from you upon our payment to you to the extent of our payment and that you must do nothing after loss to impair our recovery rights. Further, this provision clarifies your duties to facilitate subrogation upon our request. Page 15. J. Change in Occupancy or Usage of “Residence Premises” is added and clarifies that notification is required when there is a change of ownership, title, use, or occupancy of the “residence premises” and that losses will not be covered if notification is not provided within 60 days of the change. K. What Law Governs is added. This notice is for informational purposes only and is not intended to replace or amend any language within your policy. We encourage you to read your entire policy. Thank you for being an Olympus policyholder. K>,KEWdϬϲϭϴ IMPORTANT NOTICE IN CASE OF A LOSS, PLEASE NOTE: This policy contains an Additional Coverage for “Emergency Mitigation Services,” found in form OL HO 100 06 18, SECTION I – PROPERTY COVERAGES, E. Additional Coverages, 2. “Emergency Mitigation Services.” “Emergency Mitigation Services” means necessary measures taken to prevent covered property from further damage when the damage or loss is caused by a Peril Insured Against. Coverage for “Emergency Mitigation Services” is limited to $3,000 or 1% of your Coverage A limit of liability, whichever is greater. Requests to exceed this limit must be submitted in writing by either facsimile to 1 (866)-903- 3521 or by electronic mail to EMS@oigfl.com. In order for these requests to be valid, the following supporting documentation must be provided with the request: (1) The date the request is submitted to us; (2) The identity of all Named Insureds; (3) The identity and contact information of any and all Assignees; (4) A complete and executed copy of all Assignment of Claim Benefits; (5) The date of loss; (6) The address where the loss occurred; (7) Description of loss and location of damages; (8) All photographs, videos, moisture readings, and work logs that demonstrate the damage and work performed up to the time of the request; (9) Itemized estimate of proposed “Emergency Mitigation Services;” (10) Estimated timeframe of completion; and (11) All other information or documentation reasonably requested. We will respond to you or your assignee within forty-eight (48) hours of your or your assignee’s request to us to exceed the greater of $3,000 or 1% of your Coverage A limit of liability. This coverage does not increase the limit of liability that applies to the covered property. This does not relieve you of your duties in case of a loss to covered property as set forth in SECTION I - CONDITIONS, B. in form OL HO 100 06 18. This coverage also does not pay for property not covered or for repairs resulting from a peril not covered, or for loss excluded in this policy. The limitation for “Emergency Mitigation Services” does not apply in the event of damage as a result of a covered Hurricane Occurrence, as defined in form HO 03 52. Homeowners Insurance Policy Olympus Insurance Company FOR NEW OR EXISTING CLAIMS SERVICE PLEASE CALL: 866-281-2242 For all other requests, please contact your agent or our Customer Service Department: 800-711-9386 OL J1 07 14 Page 1 of 2 OLYMPUS INSURANCE COMPANY Dear Policyholder: A new federal law requires us, as your residential property insurer, to provide you with a copy of our Privacy Policy. We are glad to have this opportunity to do so and to communicate to you our commitment to guard against inappropriate disclosure of nonpublic personal information. Our Privacy Policy We collect and use information necessary to administer your policy and provide you with efficient customer service. We collect and maintain several types of information needed for these purposes, such as those below: • Information provided by you on your application for insurance coverage, such as your name, address, telephone number, email address, age of your home, and type of construction. • Information gathered from you as our insured, such as how long you've been our insured, your payment history, what kind of coverage you have, underwriting information and claims information. Limited Disclosure We do not disclose any nonpublic personal information about you or any of our policyholders to anyone except as permitted by law. Protecting Confidentiality When we share nonpublic personal information about you, as permitted by law, we protect that personal information with a confidentiality agreement that obligates the recipient of the information to keep it confidential. OL GLB 06 13 HOMEOWNERS POLICY OUTLINE OF COVERAGE This following outline of coverage is for informational Windstorm or hail - *Note (1) purposes only. Florida law prohibits this outline from Explosion changing any of the provisions of the insurance contract Riot or civil commotion that is the subject of this outline. Any endorsement Aircraft & Vehicles regarding changes in types of coverage, exclusions, Smoke limitations, reductions, deductibles, coinsurance, renewal Vandalism or malicious mischief provisions, cancellation provisions, surcharges, or credits Theft will affect how your policy responds in the event of a loss. Falling Objects SECTION I – PROPERTY COVERAGE Accidental discharge or overflow of water from an Coverage A – Dwelling appliance Applies to your residence premises, protects your dwelling Sudden and accidental tearing apart, cracking, burning or and structures attached to your dwelling. It also protects bulging of a hot water system, air conditioner or fire against covered loss to building materials located on your sprinkler system residence premises which are being used in connection Freezing with your residence premises. Fungi, Wet or Dry Rot, or Bacteria Sudden and accidental damage from artificially Coverage B – Other Structures generated electrical current. Protects against covered loss to any structure on your Volcanic eruption residence premises not physically attached to the Sinkhole Collapse (HO4 Only – Optional for HO3 & HO6) dwelling. Note: *(1) Coverage C – Personal Property The peril of Windstorm or Hail may be excluded (coverage Protects against covered loss to your personal property may only added or removed effective at policy inception or such as clothing and furniture. Special limits apply to renewal date.) after acceptance by the company of a some types of personal property or the circumstances of completely executed Windstorm Rejection Form OL HO the loss including but not limited to: money, securities, XW and, if the property is subject to a mortgage or lien, watercraft, theft of jewelry, firearms, silverware and theft the written statement, signed by an officer of the mortgage away from the “residence premises”. Additionally, there or lien holder, expressly approving the exclusion of are some items not covered under Coverage “C”. Some windstorm or hurricane. This exclusion may only be added examples are animals, motorized vehicles and property of or removed effective at policy inception or at renewal. roomers or boarders and other tenant