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Filing # 179374148 E-Filed 08/10/2023 01:44:16 PM
IN THE CIRCUIT COURT OF THE
20™ JUDICIAL CIRCUIT IN AND FOR
MICHAEL ROSSETTI CHARLOTTE COUNTY, FLORIDA
AND DARLENE ROSSETTI,
CASE NO. 23003072CA
Plaintiff,
vs.
TYPTAP INSURANCE COMPANY,
Defendant.
COMPLAINT FOR DAMAGES
Plaintiff, MICHAEL ROSSETTI AND DARLENE ROSSETTI (hereinafter, "Plaintiff"),
hereby sues Defendant, TYPTAP INSURANCE COMPANY (hereinafter, "Defendant"), and in
support of the foregoing, states the following:
PARTIES, JURISDICTION & VENUE
1 This is an action for damages under an insurance policy resulting from loss of
property wherein the amount in controversy exceeds Fifty Thousand Dollars ($50,000.00),
exclusive of costs, interest and attorney's fees, and is therefore within the jurisdiction of this Court.
2 At all times material hereto, Plaintiff was insured by Defendant under a property
insurance policy issued by Defendant, was and is and individual over the age of eighteen (18) years
that owned real property in Charlotte County, Florida, and was otherwise sui juris.
3 Atall times material hereto, Defendant was and is an insurance company authorized
to conduct and was in fact conducting business in Charlotte County, Florida.
4 Venue is proper in Charlotte County, Florida as Charlotte County, Florida is the
locale where the cause of action accrued.
5 All conditions precedent have been satisfied, discharged or waived.
Page 1 of 6
GENERAL ALLEGATIONS
6. At all times material hereto, in consideration of the applicable premium, Defendant
issued to Plaintiff a property insurance policy bearing policy number 12-1089751-01 (hereinafter
the "Policy"). A copy of the Policy is attached hereto as "Exhibit
A".
7
Plaintiff is not in possession of a certified copy of the Policy and are therefore
unable to attach a certified copy of the Policy to this Complaint. A certified copy of the Policy has
been or will be requested from Defendant and will be obtained through discovery. See, Equity
Premium, Inc. v. Twin City Fire Ins. Co., 956 So. 2d 1257 (Fla. 4th DCA 2007); Amiker v. Mid-
Century Ins. Co., 398 So. 2d 974 (Fla. Ist DCA 1981); Parkway General Hospital, Inc. v. Allstate
I ins. Co., 393 So. 2d 1171 (Fla. 3d DCA 1981); Sasche v. Tampa Music Co., 262 So. 2d 17 (Fla.
2d DCA 1972).
8 The Policy provided insurance coverage for the property located at 12306
Lackawanna Lane, Port Charlotte, Florida 33953 (hereinafter the Property").
9. Defendant insured the Property for damage including, but not limited to, damage
to the structure and its contents resulting from water damage, windstorm, fire, theft, and other
covered perils.
10. On or about November 15, 2022, while the Policy was in full force and effect, a
covered loss occurred to the Property, namely, water damage (hereinafter the "Loss").
11 Plaintiff timely filed a claim and notified Defendant of the Loss.
12. Defendant assigned claim number 12-3013801-22 to the Loss (hereinafter the
"Claim").
13 Plaintiff fully cooperated in the investigation of the Claim.
14 Defendant was not prejudiced in its investigation of the Claim.
Page 2 of 6
15. Thereafter, Defendant accepted coverage for the Claim but grossly undervalued the
extent of the damages as a result of the Loss.
16. Plaintiff complied with the notice requirements of Fla. Stat. § 627.70152.
17. Plaintiff suffered and continue to suffer as a result of the Loss.
COUNT I~ BREACH OF CONTRACT
18. Plaintiff incorporates the allegations set forth in paragraphs one (1) through
seventeen (17) as if fully set forth herein.
19. The Policy provides coverage for direct physical loss to the Property.
20. Plaintiff and Defendant entered into a written contract, the Policy, wherein Plaintiff
agreed to pay a premium and Defendant agreed to insure the Property.
21. Plaintiff paid all premiums due and owing.
22. Plaintiff satisfied all post-loss obligations in compliance with the terms and
conditions of the Policy.
23. Defendant breached its contractual obligations in the Policy by failing to make
payment for the Claim sufficient to return the Property to a pre-loss condition, as required by the
Policy.
24. Defendant's failure to pay the full amount of the Claim is contrary to the terms of
the Policy and is a breach of the Policy.
25. As a result of Defendant's breach, Plaintiff has been damaged in an amount to be
determined at trial.
26. As a direct and proximate cause of Defendant's acts and omissions, Plaintiff has
been forced to retain the services of undersigned counsel and Defendant is responsible for paying
reasonable attorney's fees pursuant to Florida Statutes § 627.70152.
Page 3 of 6
WHEREFORE, Plaintiff prays for damages, pre-judgment interest, attorney's fees
pursuant to Florida Statutes § 627.70152, costs as the prevailing party, and any other relief this
Honorable Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a jury trial against Defendant on all issues so triable.
[NOTICE OF COMPLIANCE ON FOLLOWING PAGE]
Page 4 of 6
NOTICE OF COMPLIANCE WITH FLORIDA RULE OF JUDICIAL
ADMINISTRATION RULE 2.516
Plaintiff, by and through undersigned counsel, files this Notice of Compliance with Judicial
Administration Rule 2.516 and hereby designates the following email addresses as the only email
addresses for transmitting electronic service documents to Nicole C. Pita, Esquire:
PRIMARY EMAIL for Service of Pleadings and Court Documents only:
NPita@HLLawgroup.com
SECONDARY EMAIL:
Service@HLLawgroup.com
TERTIARY EMAIL for correspondence and scheduling:
Shane@HLLawGroup.com
Transmittal of court documents to the above-designated email addresses must be made in
order for service to be proper and effective, however, please use the attorney’s regular email
addresses for all other communications.
DATED this 10" day of August, 2023.
HL LAW GROUP, P.A.
By:_/s/ Nicole C. Pita
Nicole C. Pita, Esquire
FBN: 121897
Attorney for Plaintiff
2601 East Oakland Park Boulevard, Suite 503
Fort Lauderdale, Florida 33306
Telephone: (954) 713-1212
Facsimile: (954) 760-4239
Primary Email: NPita@HLLawgroup.com
Secondary Email: Service@HLLawGroup.com
Tertiary Email: Shane@HLLawGroup.com
Page 5 of 6
EXHIBIT A
% TypTap Policy Number: 12-1089751-01
¢ Insurance
P.O. Box 1120, Ocala, FL 34478
MICHAEL ROSSETTI
DARLENE ROSSETTI
12306 LACKAWANNA LN
PORT CHARLOTTE, FL 33953
PAYMENT INVOICE ENCLOSED - - PLEASE REVIEW BACK PAGE
This page intentionally left blank
e TypTap
Insurance
02/09/2022
Policy Number: 12-1089751-01
MICHAEL ROSSETTI
DARLENE ROSSETTI
12306 LACKAWANNA LN
PORT CHARLOTTE, FL 33953
Dear Client,
Thank you for choosing TypTap Insurance. We appreciate the opportunity to serve your insurance
needs. Enclosed are a few important documents for you to review.
Declarations Page — this shows your selected coverages
Invoice — shows the premium for the policy, the amount currently due within 10 days of the
effective date if your premium is not being held in escrow
° TypTap Privacy Policy
If you have questions regarding your coverages, please contact your insurance agent. You can find their
contact information on your declarations page.
We value your business and look forward to assisting you with your insurance. We invite you to learn
more about TypTap Insurance by visiting our website at www. TypTap.com.
Respectfully,
elt SCS)
RobertB. Reid, CPCU
Senior Vice President - Operations
P. O. Box 1120, Ocala, FL 34478 | Phone: 844-289-7968 | Email: Customerservice@typtap.com
Mon.-Fri.: 8am to 9pm
| Sat.-8am to 12pm.
TYPTAP INSURANCE COMPANY
PRIVACY POLICY
Your P: -y is Our Concert
TypTap Insurance Company and its affiliates strive to provide high quality insurance products and excellent customer service. In doing so, we will
obtain and develop personal information about you and your family. We consider this information confidential and have procedures in place to protect
this information against unlawful use and disclosure. This Privacy Policy describes how we obtain and use information about you, and how we protect
that information. It applies both to current and former policyholders.
Our Basic Privacy Principles
We do not sell policyholder information,
We do not disclose policyholder information except as necessary or appropriate to provide insurance products and services, and as otherwise
allowed or required by law.
When we share policyholder information with nonaffiliated vendors and service providers, we contractually require them to maintain
confidentiality and to use the information solely for the purposes for which we provide the information,
We maintain procedural, technical and physical safeguards to protect policyholder information.
Sources of Personal Information
We may obtain personal information about you from several sources. We obtain most of our information directly from you or through your agent, on
insurance applications and forms you submit and other interactions you have with us. We also will learn information about you from servicing your
policy, We might also receive information from outside vendors that furnish us with information relating to your eligib ity for insurance, your existing
or prospective policy, and your claims. These vendors may include consumer reporting agencies, home inspection companies, statistical or reporting
bureaus in addition to other sources.
If you visit an Internet website that we maintain, we might obtain information about you that will enable us to identify you as a user, including your
name, a user name, a password, and password reminders. We also might obtain information about your web browser, operating system and similar
information to improve the performance and operation of our site.
Our Use of Your Personal Information
We will not sell your personal information to anyone, except to someone purchasing all or a portion of our business. We do not share any of the personal
information we collect except among members of our corporate group (i.c. affiliates), non-affiliated vendors and service providers, joint marketers,
agents and as permitted or required by law.
Typically we share information only to the extent necessary or appropriate to offer and provide our insurance products and services to you and to
improve our products and services, as well as to effect, administer or enforce transactions that you request, For example, we might provide information
about you and your policy to a company that prints and mails our insurance policies or to a company that adjusts any claims you may have. We might
also share any personal information we collect with companies that perform marketing services on our behalf and other financial institutions with
which we have joint marketing agreements. We might share information with your insurance agent.
When we share policyholder information with nonaffiliated parties, we contractually require them to maintain confidentiality and to use the
information solely for purposes for which we provide the information.
We also are permitted or required to share information with certain other parties listed in federal law and state rules, such as insurance advisory
organizations, rating agencies, regulatory authorities, consumer reporting agencies and attorneys and accountants.
How We Protect Your Personal Information
We maintain physical, electronic, and procedural safeguards to ensure the confidentiality of the personal information we obtain about you. We restrict
access to your personal information to those employees who need to know that information to provide services to you.
Affiliates
This notice describes the practices and procedures of TypTap Insurance Company and its affiliates, HCI Group, Inc., TypTap Management Company,
Homeowners Choice Property & Casualty Insurance Company, Inc., Homeowners Choice Managers, Inc., Southern Administration, Inc., and
Claddaugh Casualty Insurance Company Ltd.
This summary of our practices is furnished for your information. No action is required by you upon receipt of this notice.
If you have any questions, you may contact us at:
TypTap Insurance Company
3001 SE Maricamp Road Ocala, FL 34471
Attention: General Counsel
TTIC Privacy 01 16 Toll free (844) 289-7968
SY TypTap
Insurance
Homeowners 3
Policy
3001 SE Maricamp Rd
Ocala, FL 34471
For Customer Service or to Report a Claim,
Please Call (844)289-7968
TIC HO3J 04 20 Page 1 of 2
FERROKKK TMPORTANT NOTICE £4 **# #448
KA KKK
This policy is issued on behalf of TypTap Insurance Company (the Company) and by acceptance of this policy, you agree
that:
1 The statements in the application are your representations;
2 This policy is issued in reliance upon the truth of those representations; and
3. This policy embodies all agreements existing between you and TypTap Insurance Company, or any of our
Producers relating to this policy.
IN WITNESS WHERE OF: In consideration of your paid premium, the Company has caused this policy to be executed and
attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the Company.
Qi SLO
Robert B. Reid, CPCU, Senior Vice President - Operations
TypTap Insurance Company
Page 2 of 2 TTIC HO3J 04 20
% TypTap
For policy questions, contact your Agent: (941) 255-5663
For Claims please call: (844) 289-7968
o Insurance For Customer Service please call: (844) 289-7968
TypTap Insurance Company
Homeowners HO3 Policy Declarations - New Business
Named Insured and Location of Residence Premises: ] Policy Number: 12-1089751-01
Mailing Address:
MICHAEL ROSSETTI 12306 LACKAWANNA LN
DARLENE ROSSETTI PORT CHARLOTTE, FL 33953 New Business
12306 LACKAWANNA LN
PORT CHARLOTTE, FL 33953 Policy Effective Date: February 11, 2022 12:01 AM EST
Policy Expiration Date: February 11, 2023 12:01 AM EST
County: CHARLOTTE
COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE
Coverages Limit of Liability Annual Premium Forms, Notices and Endorsements:
Section | TTIC HO3J 04 20
$1,870
TTIC OC HOS 04 17
A. Dwelling $351,000 Included OIR-B1-1670 (1-1-06)
B. Other Structures $7,020 Included TTIC HOS 04 20
C. Personal Property $87,750 Included OIR-B1-1655 (Rev. 02/10)
D. Loss of Use $35,100 Included TTIC HO 04 96 04 20
TTIC SLC (S/R) 11 19
Section Il $60 TTIC HO 04 90 04 20
E. Personal Liability $300,000 Included TTIC HO DO 04 20
TTIC HO3 OL 04 20
F. Medical Payments $2,000 Included TTIC HO 03 51 04 20
Endorsement Premium Total (See Details, P.2) $0 Rating Information:
Credits and Charges: Territory: gre
Building Code Effectivness Grading Adjustment BCEG:
Windstorm Mitigation Credit Fire Alarm: No.
Modified Deductibles Adjustment
Burglar Alarm: No
Sprinkler: No.
Construction: MASONRY
Underwriting Surcharges (See Details, P.2) Year Built: 2007
Total Annual Policy Premium $1,930 Protection Class: 1-6
Policy Fees (See Details, P.2) $41
Wind Mitigation Factor: 0.77
Endorsement Fees (See Details, P.2) Deductible Section | In case of a loss, we only cover that part
of the loss over the deductible stated
Total Policy Charges $1,971 unless otherwise stated in the policy:
No Sinkhole Coverage
Premium Change Due to Rate Change $2,500 All Other Perils Deductible
Premium Change Due to Coverage Change
Fee Change from Prior Term 2% ($7,020) Hurricane Deductible
(Hurricane Deductible is percentage of Coverage A)
The Hurricane portion of the Premium 2 $517 The Non-Hurricane portion of the Premium is: $1,413
A rate adjustment of -$51 is included to reflect the Building Code Effectiveness Grade for your area. Adjustments range
from approximately a 1.5% surcharge to a 12.6% credit.
Please see Page 2 for important notices that apply to this policy.
Agent: JEFFREY A POLAK Other: Bill to: Policyholder
ABC INSURANCE GROUP INC. Mortgagee1 - BANK OF AMERICA, NA ISAOA/ATIMA, PO BOX 961291, FORT WORTH, TX, 76161, Loan
1225 TAMIAMI TRAIL # 68218020385099
#A10
PT CHARLOTTE, FL 33953
Phone: (941) 255-5663
Authorized Countersignature: February 9, 2022 6:08 PM EST
Qt SRY)
TTIC HO3 DEC 04 20 Page 1 of 2
Policy Number: 12-1089751-01
Endorsement Premium Details: Limit of Labi, Annual Premium
Fungi, Wet or Dry Rot Section | - Property Coverage Included
Fungi, Wet or Dry Rot Section II - Liability Coverage $50,000 Included
Ordinance or Law Coverage 25% of Coverage A Included
Personal Property Replacement Cost Included Included
Endorsement Premium Total
Underwriting Surcharges Details:
Age of Home Adjustment Yes
Policy Fee Details:
Managing General Agency Fee $25
Emergency Management Preparedness and Assistance Trust Fund Surcharge $2
2022-1 FIGA Assessment Surcharge $14
Amount $41
Recent Changes and Endorsements: Date Effective Premium Change
Endorsement Total
NOTICES
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 EXPENSES TO YOU.
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.
Page 2 of 2 TTIC HO3 DEC 04 20
TypTap Insurance Company Homeowners
OUTLINE OF YOUR HOMEOWNERS POLICY
The following outline of coverage is for informational PERILS INSURED AGAINST
purposes only. Florida law prohibits this outline from Coverage A - Dwelling and
changing any of the provisions of the insurance contract
Coverage B - Other Structures
which is the subject of this outline. Any endorsement
regarding changes in types of coverage, exclusions, This policy insures against risk of direct loss to covered
limitations, reductions, deductibles, coinsurance, renewal property under Coverages A and B, unless not covered or
provisions, cancellation provisions, surcharges, or excluded from coverage as described elsewhere in the
discounts will be sent separately. policy.
Coverage C - Personal Property
Please read your homeowners policy carefully for
complete descriptions and details. This policy insures against direct physical loss under
Coverage C, except as limited or excluded by your policy,
Contact your agent with any questions about this policy. caused by:
SECTION | - PROPERTY COVERAGE Fire or Lightning
Coverage A - Dwelling Windstorm or Hail
Protects against covered loss to your dwelling and Explosion or Smoke
structures attached to your dwelling. It also protects against Riot or Civil Commotion
covered loss to building materials located on your Aircraft or Vehicles
residence premises which are being used in connection Vandalism or Malicious Mischief
with your residence premises. Theft
Coverage B - Other Structures Falling Objects
Weight of Ice, Snow or Sleet
Protects against covered loss to structures on your
residence premises not physically attached to the dwelling. Accidental Discharge or Overflow of Water or Steam
Sudden and Accidental Tearing Apart, Cracking,
Coverage C - Personal Property Burning or Bulging
Protects against covered loss to your personal property Freezing of Plumbing or Household Appliances
such as clothing and furniture. Special limits apply to some
Sudden and Accidental Damage from Artificially
types of personal property including but not limited to:
Generated Electricity
money, securities, watercraft, and theft of jewelry, firearms
. Volcanic Eruption
and silverware.
. Catastrophic Ground Cover Collapse
There are some items not covered under Coverage C.
Some examples are animals, personal watercraft, PROPERTY EXCLUSIONS
motorized vehicles and property of roomers or boarders This policy does not provide protection under Coverages A,
and other tenants. Please review your policy for a complete B and C for losses resulting in any manner from:
list of items that have special limits or are excluded. . Ordinance or Law
Coverage D - Loss of Use . Earth Movement, other than Catastrophic Ground Cover
Provides for the additional living expenses you incur while Collapse
you are temporarily unable to live at your home because of Sinkhole
a covered loss. Payment would include such items as Neglect or Intentional Loss
temporary lodging and increased costs for food. Pre-event War or Nuclear Hazard
evacuation expenses are not covered under this policy. Animals
Off Premises Power Failure
ADDITIONAL COVERAGES
Inherent Vice, Decay, Defect and Mechanical
Included in your homeowners policy, these additional Breakdown
coverages include limitations and may not completely Flood and other Water Damage
protect you against loss.
Constant or Repeated Seepage or Leakage of Water
Debris Removal or Steam
Reasonable Emergency Measures . Settling, Shrinking, Bulging or Expansion
Trees, Shrubs and Other Plants
There are other exclusions. Please refer to your policy for
Fire Department Service Charge
complete details regarding exclusions.
Property Removed
Credit Card, Fund Transfer Card, Forgery and OTHER LIMITATIONS
Counterfeit Money -
Reasonable Emergency Measures Necessary
Loss Assessment measures taken solely to protect covered property from
Collapse further damage may not exceed the greater of $3,000 or
Glass or Safety Glazing Material 1% of the Coverage A limit unless approval is received in
Landlord’s Furnishings advance from us.
Ordinance or Law
Notice of Claim to Us - Windstorm or Hurricane - Any
Grave Markers claim, supplemental claim, reopened claim for loss or
Fungi, Wet or Dry Rot, Yeast or Bacteria damage caused by the peril of windstorm or hurricane is
barred unless notice of the claim, supplemental claim, or
reopened claim is given to us in accordance with the terms
of the policy within three years after the hurricane first
makes landfall or the windstorm caused the covered
damage.
TTIC OC HO3 04 17 Page 1 of 2
TypTap Insurance Company Homeowners
Deductibles — Your policy includes a Calendar Year or failure to comply with underwriting requirements, we may
Hurricane Deductible and an All Other Perils Deductible, cancel immediately.
selected by you, as shown in your Declarations page. This If your policy has been in effect for 90 days or less and the
is the amount of the loss you must incur before this policy insurance is cancelled for other than nonpayment of
pays. premium, we may cancel by giving you at least 20 days’
Sinkhole Loss — This policy does not protect you notice before the cancellation effective date.
against loss due to sinkhole activity, unless Sinkhole If your policy has been in effect over 90 days, we may
Loss Coverage is shown in your Declarations. Be sure to cancel your policy for only a limited number of reasons. The
contact your agent to obtain this important coverage. reasons include, but are not limited to, material
Flood Loss — This policy does not protect you against misstatement or substantial change of risk. We will cancel
loss due to flood. Flood is available through TypTap and by giving you advance written notice at least 120 days
through the NFIP. before the cancellation effective date.
Windstorm - |n some areas of the state, generally coastal Nonrenewal - If we do not intend to renew your policy, we
areas; windstorm and hail coverage, including hurricane will mail written notice to you. We will do so at least 120
coverage, may not be provided in your policy. The days before the expiration date of the policy.
exclusion of windstorm coverage is indicated by form HO
Renewal - The renewal premium payment must be
04 89 in your Declarations. Be sure to contact your agent received no later than the renewal date or the policy
to obtain this important coverage if it has been excluded
will terminate.
from your policy.
Loss Settlement — uildings under Coverage A or B are PREMIUM DISCOUNTS and SURCHARGES
covered at replacement cost. However, if at the time of The following are brief descriptions of the premium
loss, the amount of insurance you have purchased for the discounts and surcharges available on your homeowners
insured building is less than 80% of the full replacement policy. Your policy Declarations page will show which of
cost, we will not pay you replacement value. Instead we will these discounts and surcharges, if any, apply to your policy.
pay the greater of either actual cash value of that part of the Protective Devices - |\f your home has a qualified central
building damaged or a proportion of the cost to repair or station burglar and/or fire alarm or automatic fire sprinkler
replace that part of the damaged building which the total system, you may be eligible for a premium discount.
amount of insurance in your policy on the building bears to
80% of the replacement cost of the building. Deductible Discount - Deductible options greater than the
calendar year hurricane deductible of 2% and other perils
Vacant Property — |f a loss occurs and the dwelling has deductible of $1,000 are available at a premium discount.
been vacant for more than 60 consecutive days prior to the Deductibles less than the standard deductibles may be
date of loss, there is no coverage for vandalism or glass available, for an additional premium.
breakage, even if they are a covered cause of loss.
Windstorm Mitigation Discount - Housing features such
SECTION Il - LIABILITY COVERAGE as roof covering, roof shape, roof deck attachments,
Coverage E - Personal Liability secondary water resistance, roof to wall connection and
opening protection (qualifying shutters or other protective
Provides coverage for bodily injury or property damage you
devices) may qualify for a premium discount. Contact your
or a person insured under your policy is legally obligated to
agent for more information.
pay. The bodily injury or property damage must arise from
an occurrence covered under Section II of your policy. Superior Construction - Certain homes of fire resistive or
wind resistive construction are eligible for a premium
Coverage F - Medical Payments to Others
discount.
Provides coverage for reasonable and necessary medical Seasonal Occupancy Surcharge - Dwellings with
expenses if a guest is injured on your premises or, under continuous unoccupancy of more than six months.
certain circumstances, off the insured premises. The bodily
injury must arise from an occurrence covered under Section Other Surcharges — Other surcharges may be levied in
Il of your policy with limited exceptions. accordance with statute or Department of Financial
Services rules. These surcharges will be disclosed on your
Some liabilities and medical expenses are not covered Declarations page when they become applicable.
under Section Il. For example, there is no coverage for
bodily injury or property damage arising from animals, OPTIONAL COVERAGES AVAILABLE
watercraft, businesses, motor vehicles and expected or . Sinkhole Loss Coverage
intended injury. . Increased Limits for “Fungi,” Wet or Dry Rot, Yeast or
Bacteria Coverage
NONRENEWAL and CANCELLATION PROVISIONS Increased Limits for Ordinance or Law Coverage
All cancellations are granted a pro-rata return of premium. Other Structures — Increased Limits
Your Right to Cancel - You may cancel the policy at any Personal Property Replacement Cost
time, for any reason, by giving us advance written notice of Permitted Incidental Occupancies
the future cancellation effective date. Coverage E — Personal Liability Increased Limits
Our Right to Cancel - |f the cancellation is due to
nonpayment of premium, we will give you at least ten days’
advance written notice.
For all other cancellations, the following applies:
When the policy has been in effect for 90 days or less and
there has been a material misstatement, misrepresentation,
Page 2 of 2 TTIC OC HO3 04 17
Checklist of Coverage
Policy Type: Homeowners
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.fidfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Limit of Insurance: $351,000 Loss Settlement Basis: Replacement Cost
Other Structures Coverage (Detached from Dwelling)
Limit of Insurance: $7,020 Loss Settlement Basis: Replacement Cost
Personal Property Coverage
Limit of Insurance: $87,750 Loss Settlement Basis: Replacement Cost
Deductibles
Annual Hurricane: 2% All Perils (Other Than Hurricane): $2,500
OIR-B1-1670 (1-1-06) 1 of 3
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)
Fire or Lightning
Hurricane
Flood (Including storm surge)
‘Windstorm or Hail (other than hurricane)
Explosion
Riot or Civil Commotion
Aircraft
Vehicles
‘Smoke
Vandalism or Malicious Mischief
Theft
Falling Objects
Weight of Ice, Snow or Sleet
Accidental Discharge or Overflow of Water or Steam
Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging
Freezing
Sudden and Accidental Damage from Artificially Generated Electrical Current
Volcanic Eruption
Sinkhole
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 |S included, those marked N (No) indicate coverage is NOT included)
y {Additional Living Expense $35,100 See Policy
y |Fair Rental Value $35,100 See Policy
y {Civil Authority Prohibits Use $35,100 See Policy
Property - Additional/Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit.
included) Included Additional
Y Debris Removal See Policy Y
Y Reasonable Repairs See Policy Y
Y Property Removed See Policy y
‘Credit Card, Electronic Fund Transfer Card, or
$500
Access Device, Forgery and Counterfeit Money
Loss Assessment $1,000
Collapse See Policy
Glass or Safety Glazing Material See Policy
Landlord's Furnishings $2,500
Law and Ordinance 5% of Coverage A
Grave Markers $5,000
Mold / Fungi $10,000
OIR-B1-1670 (1-1-06) 20f3
Checklist of Coverage (continued)
Discounts
Dollar ($) Amount of Discount
(Items below marked Y (Yes) indicate discount IS applied, those marked N
(No) indicate discount is NOT applied)
N |Multiple Policy
N |Fire Alarm / Smoke Alarm / Burglar Alarm
N {Sprinkler
Y |Windstorm Loss Reduction Included in Base Premium
Y {Building Code Effectiveness Grading Schedule Included in Base Premium
N /Other
Insurer May Insert Any Other Property Coverage Below
Limit of Insurance Loss Settlement Basis:
(Items below marked Y (Yes) indicate coverage IS (i.e.: Replacement Cost, Actual Cash Value, Stated
included, those marked N (No) indicate coverage is NOT Value, etc.)
included)
Personal Liability Coverage
Limit of Insurance: $300,000
Medical Payments to Others Coverage
Limit of Insurance: $2,000
Liability - Additional/Other Coverages
Limit of Insurance Amount of insurance is an additional amount of
(Items below marked Y (Yes) indicate coverage IS
coverage or is included within the policy limit.
included, those marked N (No) indicate coverage is NOT
included)
Preview
Filing # 179374148 E-Filed 08/10/2023 01:44:16 PM IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT IN AND FOR MICHAEL ROSSETTI CHARLOTTE COUNTY, FLORIDA AND DARLENE ROSSETTI, CASE NO. 23003072CA Plaintiff, vs. TYPTAP INSURANCE COMPANY, Defendant. COMPLAINT FOR DAMAGES Plaintiff, MICHAEL ROSSETTI AND DARLENE ROSSETTI (hereinafter, "Plaintiff"), hereby sues Defendant, TYPTAP INSURANCE COMPANY (hereinafter, "Defendant"), and in support of the foregoing, states the following: PARTIES, JURISDICTION & VENUE 1 This is an action for damages under an insurance policy resulting from loss of property wherein the amount in controversy exceeds Fifty Thousand Dollars ($50,000.00), exclusive of costs, interest and attorney's fees, and is therefore within the jurisdiction of this Court. 2 At all times material hereto, Plaintiff was insured by Defendant under a property insurance policy issued by Defendant, was and is and individual over the age of eighteen (18) years that owned real property in Charlotte County, Florida, and was otherwise sui juris. 3 Atall times material hereto, Defendant was and is an insurance company authorized to conduct and was in fact conducting business in Charlotte County, Florida. 4 Venue is proper in Charlotte County, Florida as Charlotte County, Florida is the locale where the cause of action accrued. 5 All conditions precedent have been satisfied, discharged or waived. Page 1 of 6 GENERAL ALLEGATIONS 6. At all times material hereto, in consideration of the applicable premium, Defendant issued to Plaintiff a property insurance policy bearing policy number 12-1089751-01 (hereinafter the "Policy"). A copy of the Policy is attached hereto as "Exhibit A". 7 Plaintiff is not in possession of a certified copy of the Policy and are therefore unable to attach a certified copy of the Policy to this Complaint. A certified copy of the Policy has been or will be requested from Defendant and will be obtained through discovery. See, Equity Premium, Inc. v. Twin City Fire Ins. Co., 956 So. 2d 1257 (Fla. 4th DCA 2007); Amiker v. Mid- Century Ins. Co., 398 So. 2d 974 (Fla. Ist DCA 1981); Parkway General Hospital, Inc. v. Allstate I ins. Co., 393 So. 2d 1171 (Fla. 3d DCA 1981); Sasche v. Tampa Music Co., 262 So. 2d 17 (Fla. 2d DCA 1972). 8 The Policy provided insurance coverage for the property located at 12306 Lackawanna Lane, Port Charlotte, Florida 33953 (hereinafter the Property"). 9. Defendant insured the Property for damage including, but not limited to, damage to the structure and its contents resulting from water damage, windstorm, fire, theft, and other covered perils. 10. On or about November 15, 2022, while the Policy was in full force and effect, a covered loss occurred to the Property, namely, water damage (hereinafter the "Loss"). 11 Plaintiff timely filed a claim and notified Defendant of the Loss. 12. Defendant assigned claim number 12-3013801-22 to the Loss (hereinafter the "Claim"). 13 Plaintiff fully cooperated in the investigation of the Claim. 14 Defendant was not prejudiced in its investigation of the Claim. Page 2 of 6 15. Thereafter, Defendant accepted coverage for the Claim but grossly undervalued the extent of the damages as a result of the Loss. 16. Plaintiff complied with the notice requirements of Fla. Stat. § 627.70152. 17. Plaintiff suffered and continue to suffer as a result of the Loss. COUNT I~ BREACH OF CONTRACT 18. Plaintiff incorporates the allegations set forth in paragraphs one (1) through seventeen (17) as if fully set forth herein. 19. The Policy provides coverage for direct physical loss to the Property. 20. Plaintiff and Defendant entered into a written contract, the Policy, wherein Plaintiff agreed to pay a premium and Defendant agreed to insure the Property. 21. Plaintiff paid all premiums due and owing. 22. Plaintiff satisfied all post-loss obligations in compliance with the terms and conditions of the Policy. 23. Defendant breached its contractual obligations in the Policy by failing to make payment for the Claim sufficient to return the Property to a pre-loss condition, as required by the Policy. 24. Defendant's failure to pay the full amount of the Claim is contrary to the terms of the Policy and is a breach of the Policy. 25. As a result of Defendant's breach, Plaintiff has been damaged in an amount to be determined at trial. 26. As a direct and proximate cause of Defendant's acts and omissions, Plaintiff has been forced to retain the services of undersigned counsel and Defendant is responsible for paying reasonable attorney's fees pursuant to Florida Statutes § 627.70152. Page 3 of 6 WHEREFORE, Plaintiff prays for damages, pre-judgment interest, attorney's fees pursuant to Florida Statutes § 627.70152, costs as the prevailing party, and any other relief this Honorable Court may deem just and proper. DEMAND FOR JURY TRIAL Plaintiff hereby demands a jury trial against Defendant on all issues so triable. [NOTICE OF COMPLIANCE ON FOLLOWING PAGE] Page 4 of 6 NOTICE OF COMPLIANCE WITH FLORIDA RULE OF JUDICIAL ADMINISTRATION RULE 2.516 Plaintiff, by and through undersigned counsel, files this Notice of Compliance with Judicial Administration Rule 2.516 and hereby designates the following email addresses as the only email addresses for transmitting electronic service documents to Nicole C. Pita, Esquire: PRIMARY EMAIL for Service of Pleadings and Court Documents only: NPita@HLLawgroup.com SECONDARY EMAIL: Service@HLLawgroup.com TERTIARY EMAIL for correspondence and scheduling: Shane@HLLawGroup.com Transmittal of court documents to the above-designated email addresses must be made in order for service to be proper and effective, however, please use the attorney’s regular email addresses for all other communications. DATED this 10" day of August, 2023. HL LAW GROUP, P.A. By:_/s/ Nicole C. Pita Nicole C. Pita, Esquire FBN: 121897 Attorney for Plaintiff 2601 East Oakland Park Boulevard, Suite 503 Fort Lauderdale, Florida 33306 Telephone: (954) 713-1212 Facsimile: (954) 760-4239 Primary Email: NPita@HLLawgroup.com Secondary Email: Service@HLLawGroup.com Tertiary Email: Shane@HLLawGroup.com Page 5 of 6 EXHIBIT A % TypTap Policy Number: 12-1089751-01 ¢ Insurance P.O. Box 1120, Ocala, FL 34478 MICHAEL ROSSETTI DARLENE ROSSETTI 12306 LACKAWANNA LN PORT CHARLOTTE, FL 33953 PAYMENT INVOICE ENCLOSED - - PLEASE REVIEW BACK PAGE This page intentionally left blank e TypTap Insurance 02/09/2022 Policy Number: 12-1089751-01 MICHAEL ROSSETTI DARLENE ROSSETTI 12306 LACKAWANNA LN PORT CHARLOTTE, FL 33953 Dear Client, Thank you for choosing TypTap Insurance. We appreciate the opportunity to serve your insurance needs. Enclosed are a few important documents for you to review. Declarations Page — this shows your selected coverages Invoice — shows the premium for the policy, the amount currently due within 10 days of the effective date if your premium is not being held in escrow ° TypTap Privacy Policy If you have questions regarding your coverages, please contact your insurance agent. You can find their contact information on your declarations page. We value your business and look forward to assisting you with your insurance. We invite you to learn more about TypTap Insurance by visiting our website at www. TypTap.com. Respectfully, elt SCS) RobertB. Reid, CPCU Senior Vice President - Operations P. O. Box 1120, Ocala, FL 34478 | Phone: 844-289-7968 | Email: Customerservice@typtap.com Mon.-Fri.: 8am to 9pm | Sat.-8am to 12pm. TYPTAP INSURANCE COMPANY PRIVACY POLICY Your P: -y is Our Concert TypTap Insurance Company and its affiliates strive to provide high quality insurance products and excellent customer service. In doing so, we will obtain and develop personal information about you and your family. We consider this information confidential and have procedures in place to protect this information against unlawful use and disclosure. This Privacy Policy describes how we obtain and use information about you, and how we protect that information. It applies both to current and former policyholders. Our Basic Privacy Principles We do not sell policyholder information, We do not disclose policyholder information except as necessary or appropriate to provide insurance products and services, and as otherwise allowed or required by law. When we share policyholder information with nonaffiliated vendors and service providers, we contractually require them to maintain confidentiality and to use the information solely for the purposes for which we provide the information, We maintain procedural, technical and physical safeguards to protect policyholder information. Sources of Personal Information We may obtain personal information about you from several sources. We obtain most of our information directly from you or through your agent, on insurance applications and forms you submit and other interactions you have with us. We also will learn information about you from servicing your policy, We might also receive information from outside vendors that furnish us with information relating to your eligib ity for insurance, your existing or prospective policy, and your claims. These vendors may include consumer reporting agencies, home inspection companies, statistical or reporting bureaus in addition to other sources. If you visit an Internet website that we maintain, we might obtain information about you that will enable us to identify you as a user, including your name, a user name, a password, and password reminders. We also might obtain information about your web browser, operating system and similar information to improve the performance and operation of our site. Our Use of Your Personal Information We will not sell your personal information to anyone, except to someone purchasing all or a portion of our business. We do not share any of the personal information we collect except among members of our corporate group (i.c. affiliates), non-affiliated vendors and service providers, joint marketers, agents and as permitted or required by law. Typically we share information only to the extent necessary or appropriate to offer and provide our insurance products and services to you and to improve our products and services, as well as to effect, administer or enforce transactions that you request, For example, we might provide information about you and your policy to a company that prints and mails our insurance policies or to a company that adjusts any claims you may have. We might also share any personal information we collect with companies that perform marketing services on our behalf and other financial institutions with which we have joint marketing agreements. We might share information with your insurance agent. When we share policyholder information with nonaffiliated parties, we contractually require them to maintain confidentiality and to use the information solely for purposes for which we provide the information. We also are permitted or required to share information with certain other parties listed in federal law and state rules, such as insurance advisory organizations, rating agencies, regulatory authorities, consumer reporting agencies and attorneys and accountants. How We Protect Your Personal Information We maintain physical, electronic, and procedural safeguards to ensure the confidentiality of the personal information we obtain about you. We restrict access to your personal information to those employees who need to know that information to provide services to you. Affiliates This notice describes the practices and procedures of TypTap Insurance Company and its affiliates, HCI Group, Inc., TypTap Management Company, Homeowners Choice Property & Casualty Insurance Company, Inc., Homeowners Choice Managers, Inc., Southern Administration, Inc., and Claddaugh Casualty Insurance Company Ltd. This summary of our practices is furnished for your information. No action is required by you upon receipt of this notice. If you have any questions, you may contact us at: TypTap Insurance Company 3001 SE Maricamp Road Ocala, FL 34471 Attention: General Counsel TTIC Privacy 01 16 Toll free (844) 289-7968 SY TypTap Insurance Homeowners 3 Policy 3001 SE Maricamp Rd Ocala, FL 34471 For Customer Service or to Report a Claim, Please Call (844)289-7968 TIC HO3J 04 20 Page 1 of 2 FERROKKK TMPORTANT NOTICE £4 **# #448 KA KKK This policy is issued on behalf of TypTap Insurance Company (the Company) and by acceptance of this policy, you agree that: 1 The statements in the application are your representations; 2 This policy is issued in reliance upon the truth of those representations; and 3. This policy embodies all agreements existing between you and TypTap Insurance Company, or any of our Producers relating to this policy. IN WITNESS WHERE OF: In consideration of your paid premium, the Company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the Company. Qi SLO Robert B. Reid, CPCU, Senior Vice President - Operations TypTap Insurance Company Page 2 of 2 TTIC HO3J 04 20 % TypTap For policy questions, contact your Agent: (941) 255-5663 For Claims please call: (844) 289-7968 o Insurance For Customer Service please call: (844) 289-7968 TypTap Insurance Company Homeowners HO3 Policy Declarations - New Business Named Insured and Location of Residence Premises: ] Policy Number: 12-1089751-01 Mailing Address: MICHAEL ROSSETTI 12306 LACKAWANNA LN DARLENE ROSSETTI PORT CHARLOTTE, FL 33953 New Business 12306 LACKAWANNA LN PORT CHARLOTTE, FL 33953 Policy Effective Date: February 11, 2022 12:01 AM EST Policy Expiration Date: February 11, 2023 12:01 AM EST County: CHARLOTTE COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE Coverages Limit of Liability Annual Premium Forms, Notices and Endorsements: Section | TTIC HO3J 04 20 $1,870 TTIC OC HOS 04 17 A. Dwelling $351,000 Included OIR-B1-1670 (1-1-06) B. Other Structures $7,020 Included TTIC HOS 04 20 C. Personal Property $87,750 Included OIR-B1-1655 (Rev. 02/10) D. Loss of Use $35,100 Included TTIC HO 04 96 04 20 TTIC SLC (S/R) 11 19 Section Il $60 TTIC HO 04 90 04 20 E. Personal Liability $300,000 Included TTIC HO DO 04 20 TTIC HO3 OL 04 20 F. Medical Payments $2,000 Included TTIC HO 03 51 04 20 Endorsement Premium Total (See Details, P.2) $0 Rating Information: Credits and Charges: Territory: gre Building Code Effectivness Grading Adjustment BCEG: Windstorm Mitigation Credit Fire Alarm: No. Modified Deductibles Adjustment Burglar Alarm: No Sprinkler: No. Construction: MASONRY Underwriting Surcharges (See Details, P.2) Year Built: 2007 Total Annual Policy Premium $1,930 Protection Class: 1-6 Policy Fees (See Details, P.2) $41 Wind Mitigation Factor: 0.77 Endorsement Fees (See Details, P.2) Deductible Section | In case of a loss, we only cover that part of the loss over the deductible stated Total Policy Charges $1,971 unless otherwise stated in the policy: No Sinkhole Coverage Premium Change Due to Rate Change $2,500 All Other Perils Deductible Premium Change Due to Coverage Change Fee Change from Prior Term 2% ($7,020) Hurricane Deductible (Hurricane Deductible is percentage of Coverage A) The Hurricane portion of the Premium 2 $517 The Non-Hurricane portion of the Premium is: $1,413 A rate adjustment of -$51 is included to reflect the Building Code Effectiveness Grade for your area. Adjustments range from approximately a 1.5% surcharge to a 12.6% credit. Please see Page 2 for important notices that apply to this policy. Agent: JEFFREY A POLAK Other: Bill to: Policyholder ABC INSURANCE GROUP INC. Mortgagee1 - BANK OF AMERICA, NA ISAOA/ATIMA, PO BOX 961291, FORT WORTH, TX, 76161, Loan 1225 TAMIAMI TRAIL # 68218020385099 #A10 PT CHARLOTTE, FL 33953 Phone: (941) 255-5663 Authorized Countersignature: February 9, 2022 6:08 PM EST Qt SRY) TTIC HO3 DEC 04 20 Page 1 of 2 Policy Number: 12-1089751-01 Endorsement Premium Details: Limit of Labi, Annual Premium Fungi, Wet or Dry Rot Section | - Property Coverage Included Fungi, Wet or Dry Rot Section II - Liability Coverage $50,000 Included Ordinance or Law Coverage 25% of Coverage A Included Personal Property Replacement Cost Included Included Endorsement Premium Total Underwriting Surcharges Details: Age of Home Adjustment Yes Policy Fee Details: Managing General Agency Fee $25 Emergency Management Preparedness and Assistance Trust Fund Surcharge $2 2022-1 FIGA Assessment Surcharge $14 Amount $41 Recent Changes and Endorsements: Date Effective Premium Change Endorsement Total NOTICES 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 EXPENSES TO YOU. 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. Page 2 of 2 TTIC HO3 DEC 04 20 TypTap Insurance Company Homeowners OUTLINE OF YOUR HOMEOWNERS POLICY The following outline of coverage is for informational PERILS INSURED AGAINST purposes only. Florida law prohibits this outline from Coverage A - Dwelling and changing any of the provisions of the insurance contract Coverage B - Other Structures which is the subject of this outline. Any endorsement regarding changes in types of coverage, exclusions, This policy insures against risk of direct loss to covered limitations, reductions, deductibles, coinsurance, renewal property under Coverages A and B, unless not covered or provisions, cancellation provisions, surcharges, or excluded from coverage as described elsewhere in the discounts will be sent separately. policy. Coverage C - Personal Property Please read your homeowners policy carefully for complete descriptions and details. This policy insures against direct physical loss under Coverage C, except as limited or excluded by your policy, Contact your agent with any questions about this policy. caused by: SECTION | - PROPERTY COVERAGE Fire or Lightning Coverage A - Dwelling Windstorm or Hail Protects against covered loss to your dwelling and Explosion or Smoke structures attached to your dwelling. It also protects against Riot or Civil Commotion covered loss to building materials located on your Aircraft or Vehicles residence premises which are being used in connection Vandalism or Malicious Mischief with your residence premises. Theft Coverage B - Other Structures Falling Objects Weight of Ice, Snow or Sleet Protects against covered loss to structures on your residence premises not physically attached to the dwelling. Accidental Discharge or Overflow of Water or Steam Sudden and Accidental Tearing Apart, Cracking, Coverage C - Personal Property Burning or Bulging Protects against covered loss to your personal property Freezing of Plumbing or Household Appliances such as clothing and furniture. Special limits apply to some Sudden and Accidental Damage from Artificially types of personal property including but not limited to: Generated Electricity money, securities, watercraft, and theft of jewelry, firearms . Volcanic Eruption and silverware. . Catastrophic Ground Cover Collapse There are some items not covered under Coverage C. Some examples are animals, personal watercraft, PROPERTY EXCLUSIONS motorized vehicles and property of roomers or boarders This policy does not provide protection under Coverages A, and other tenants. Please review your policy for a complete B and C for losses resulting in any manner from: list of items that have special limits or are excluded. . Ordinance or Law Coverage D - Loss of Use . Earth Movement, other than Catastrophic Ground Cover Provides for the additional living expenses you incur while Collapse you are temporarily unable to live at your home because of Sinkhole a covered loss. Payment would include such items as Neglect or Intentional Loss temporary lodging and increased costs for food. Pre-event War or Nuclear Hazard evacuation expenses are not covered under this policy. Animals Off Premises Power Failure ADDITIONAL COVERAGES Inherent Vice, Decay, Defect and Mechanical Included in your homeowners policy, these additional Breakdown coverages include limitations and may not completely Flood and other Water Damage protect you against loss. Constant or Repeated Seepage or Leakage of Water Debris Removal or Steam Reasonable Emergency Measures . Settling, Shrinking, Bulging or Expansion Trees, Shrubs and Other Plants There are other exclusions. Please refer to your policy for Fire Department Service Charge complete details regarding exclusions. Property Removed Credit Card, Fund Transfer Card, Forgery and OTHER LIMITATIONS Counterfeit Money - Reasonable Emergency Measures Necessary Loss Assessment measures taken solely to protect covered property from Collapse further damage may not exceed the greater of $3,000 or Glass or Safety Glazing Material 1% of the Coverage A limit unless approval is received in Landlord’s Furnishings advance from us. Ordinance or Law Notice of Claim to Us - Windstorm or Hurricane - Any Grave Markers claim, supplemental claim, reopened claim for loss or Fungi, Wet or Dry Rot, Yeast or Bacteria damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim is given to us in accordance with the terms of the policy within three years after the hurricane first makes landfall or the windstorm caused the covered damage. TTIC OC HO3 04 17 Page 1 of 2 TypTap Insurance Company Homeowners Deductibles — Your policy includes a Calendar Year or failure to comply with underwriting requirements, we may Hurricane Deductible and an All Other Perils Deductible, cancel immediately. selected by you, as shown in your Declarations page. This If your policy has been in effect for 90 days or less and the is the amount of the loss you must incur before this policy insurance is cancelled for other than nonpayment of pays. premium, we may cancel by giving you at least 20 days’ Sinkhole Loss — This policy does not protect you notice before the cancellation effective date. against loss due to sinkhole activity, unless Sinkhole If your policy has been in effect over 90 days, we may Loss Coverage is shown in your Declarations. Be sure to cancel your policy for only a limited number of reasons. The contact your agent to obtain this important coverage. reasons include, but are not limited to, material Flood Loss — This policy does not protect you against misstatement or substantial change of risk. We will cancel loss due to flood. Flood is available through TypTap and by giving you advance written notice at least 120 days through the NFIP. before the cancellation effective date. Windstorm - |n some areas of the state, generally coastal Nonrenewal - If we do not intend to renew your policy, we areas; windstorm and hail coverage, including hurricane will mail written notice to you. We will do so at least 120 coverage, may not be provided in your policy. The days before the expiration date of the policy. exclusion of windstorm coverage is indicated by form HO Renewal - The renewal premium payment must be 04 89 in your Declarations. Be sure to contact your agent received no later than the renewal date or the policy to obtain this important coverage if it has been excluded will terminate. from your policy. Loss Settlement — uildings under Coverage A or B are PREMIUM DISCOUNTS and SURCHARGES covered at replacement cost. However, if at the time of The following are brief descriptions of the premium loss, the amount of insurance you have purchased for the discounts and surcharges available on your homeowners insured building is less than 80% of the full replacement policy. Your policy Declarations page will show which of cost, we will not pay you replacement value. Instead we will these discounts and surcharges, if any, apply to your policy. pay the greater of either actual cash value of that part of the Protective Devices - |\f your home has a qualified central building damaged or a proportion of the cost to repair or station burglar and/or fire alarm or automatic fire sprinkler replace that part of the damaged building which the total system, you may be eligible for a premium discount. amount of insurance in your policy on the building bears to 80% of the replacement cost of the building. Deductible Discount - Deductible options greater than the calendar year hurricane deductible of 2% and other perils Vacant Property — |f a loss occurs and the dwelling has deductible of $1,000 are available at a premium discount. been vacant for more than 60 consecutive days prior to the Deductibles less than the standard deductibles may be date of loss, there is no coverage for vandalism or glass available, for an additional premium. breakage, even if they are a covered cause of loss. Windstorm Mitigation Discount - Housing features such SECTION Il - LIABILITY COVERAGE as roof covering, roof shape, roof deck attachments, Coverage E - Personal Liability secondary water resistance, roof to wall connection and opening protection (qualifying shutters or other protective Provides coverage for bodily injury or property damage you devices) may qualify for a premium discount. Contact your or a person insured under your policy is legally obligated to agent for more information. pay. The bodily injury or property damage must arise from an occurrence covered under Section II of your policy. Superior Construction - Certain homes of fire resistive or wind resistive construction are eligible for a premium Coverage F - Medical Payments to Others discount. Provides coverage for reasonable and necessary medical Seasonal Occupancy Surcharge - Dwellings with expenses if a guest is injured on your premises or, under continuous unoccupancy of more than six months. certain circumstances, off the insured premises. The bodily injury must arise from an occurrence covered under Section Other Surcharges — Other surcharges may be levied in Il of your policy with limited exceptions. accordance with statute or Department of Financial Services rules. These surcharges will be disclosed on your Some liabilities and medical expenses are not covered Declarations page when they become applicable. under Section Il. For example, there is no coverage for bodily injury or property damage arising from animals, OPTIONAL COVERAGES AVAILABLE watercraft, businesses, motor vehicles and expected or . Sinkhole Loss Coverage intended injury. . Increased Limits for “Fungi,” Wet or Dry Rot, Yeast or Bacteria Coverage NONRENEWAL and CANCELLATION PROVISIONS Increased Limits for Ordinance or Law Coverage All cancellations are granted a pro-rata return of premium. Other Structures — Increased Limits Your Right to Cancel - You may cancel the policy at any Personal Property Replacement Cost time, for any reason, by giving us advance written notice of Permitted Incidental Occupancies the future cancellation effective date. Coverage E — Personal Liability Increased Limits Our Right to Cancel - |f the cancellation is due to nonpayment of premium, we will give you at least ten days’ advance written notice. For all other cancellations, the following applies: When the policy has been in effect for 90 days or less and there has been a material misstatement, misrepresentation, Page 2 of 2 TTIC OC HO3 04 17 Checklist of Coverage Policy Type: Homeowners 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.fidfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limit of Insurance: $351,000 Loss Settlement Basis: Replacement Cost Other Structures Coverage (Detached from Dwelling) Limit of Insurance: $7,020 Loss Settlement Basis: Replacement Cost Personal Property Coverage Limit of Insurance: $87,750 Loss Settlement Basis: Replacement Cost Deductibles Annual Hurricane: 2% All Perils (Other Than Hurricane): $2,500 OIR-B1-1670 (1-1-06) 1 of 3 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) Fire or Lightning Hurricane Flood (Including storm surge) ‘Windstorm or Hail (other than hurricane) Explosion Riot or Civil Commotion Aircraft Vehicles ‘Smoke Vandalism or Malicious Mischief Theft Falling Objects Weight of Ice, Snow or Sleet Accidental Discharge or Overflow of Water or Steam Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging Freezing Sudden and Accidental Damage from Artificially Generated Electrical Current Volcanic Eruption Sinkhole 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 |S included, those marked N (No) indicate coverage is NOT included) y {Additional Living Expense $35,100 See Policy y |Fair Rental Value $35,100 See Policy y {Civil Authority Prohibits Use $35,100 See Policy Property - Additional/Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit. included) Included Additional Y Debris Removal See Policy Y Y Reasonable Repairs See Policy Y Y Property Removed See Policy y ‘Credit Card, Electronic Fund Transfer Card, or $500 Access Device, Forgery and Counterfeit Money Loss Assessment $1,000 Collapse See Policy Glass or Safety Glazing Material See Policy Landlord's Furnishings $2,500 Law and Ordinance 5% of Coverage A Grave Markers $5,000 Mold / Fungi $10,000 OIR-B1-1670 (1-1-06) 20f3 Checklist of Coverage (continued) Discounts Dollar ($) Amount of Discount (Items below marked Y (Yes) indicate discount IS applied, those marked N (No) indicate discount is NOT applied) N |Multiple Policy N |Fire Alarm / Smoke Alarm / Burglar Alarm N {Sprinkler Y |Windstorm Loss Reduction Included in Base Premium Y {Building Code Effectiveness Grading Schedule Included in Base Premium N /Other Insurer May Insert Any Other Property Coverage Below Limit of Insurance Loss Settlement Basis: (Items below marked Y (Yes) indicate coverage IS (i.e.: Replacement Cost, Actual Cash Value, Stated included, those marked N (No) indicate coverage is NOT Value, etc.) included) Personal Liability Coverage Limit of Insurance: $300,000 Medical Payments to Others Coverage Limit of Insurance: $2,000 Liability - Additional/Other Coverages Limit of Insurance Amount of insurance is an additional amount of (Items below marked Y (Yes) indicate coverage IS coverage or is included within the policy limit. included, those marked N (No) indicate coverage is NOT included)