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Filing # 156573132 E-Filed 09/01/2022 08:21:49 AM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO:
IRIS VANESSA LAUREANO,
Plaintiff,
vs.
MERCURY INDEMNITY COMPANY
OF AMERICA,
Defendant.
/
COMPLAINT FOR DAMAGES AND JURY DEMAND
COMES NOW, the Plaintiff, IRIS VANESSA LAUREANO, by and through the
undersigned attorneys, and file this Complaint for Damages against the Defendant, MERCURY
INDEMNITY COMPANY OF AMERICA, and allege:
PARTIES
1 At all times material hereto the Plaintiff, IRIS VANESSA LAUREANO, was a
resident of Osceola County, Florida, and is sui juris.
2. The Defendant, MERCURY INDEMNITY COMPANY OF AMERICA,
(hereinafter “MERCURY’”) is a Florida Profit Corporation licensed to conduct business in the
Florida and actively conducts the business of issuing automobile insurance policies in Florida,
including Osceola County, Florida.
JURISDICTION/VENUE
3 This is an action for damages in excess of Thirty Thousand ($30,000.00) Dollars.
4 Venue is appropriate in Osceola County because the Defendant actively conducted
business in Osceola County.
FACTUAL ALLEGATIONS
5 MERCURY’s registered agent is the Chief Financial Officer, 200 East Gaines
Street, Tallahassee, FL 32399-4201; and/or by Statute, the registered agent is designated as the
Chief Financial Officer, 200 East Gaines Street, Tallahassee, FL 32399-4201.
6 On or about March 20, 2021, Plaintiff, IRIS VANESSA LAUREANO, was a
restrained passenger in a motor vehicle traveling southbound on SR 436, in Casselberry, Seminole
County, Florida.
7 On or about March 20, 2021, Joseph Wauken Gutierrez, was an underinsured
motorist, traveling southbound on SR 436, in Casselberry, Seminole County, Florida.
8 At that time and place, Joseph Wauken Gutierrez, negligently failed to observe his
surroundings, negligently failed to keep a safe breaking distance between his motor vehicle and
that of the Plaintiff's, and as a result, struck the rear of the vehicle Plaintiff, IRIS VANESSA
LAUREANO was riding in.
9 Plaintiff, IRIS VANESSA LAUREANO, was insured under a policy of insurance
(Policy No. FLAP0000140961 and referred to hereinafter as “POLICY”) issued by the Defendant,
MERCURY, which was in effect on the date of this crash. A copy of the POLICY is attached
hereto and made part of as Plaintiff's Exhibit “A”.
10. The POLICY included uninsured motorist's coverage for the vehicle Plaintiff
owned.
11. Pursuant to the terms and conditions of the uninsured motorist portions of said
POLICY, Defendant, MERCURY, is obligated to pay all covered losses resulting from the
negligence of an uninsured and/or underinsured driver in the collision of March 20, 2021.
12. The Plaintiff has complied with all the terms and conditions of said POLICY and
all conditions precedent to bring this lawsuit.
13. Demand for benefits under said POLICY have been made by the Plaintiff and
Defendant, MERCURY, has failed, refused and otherwise neglected to pay the same.
COUNT I: UNDERINSURED / UNINSURED CLAIM AGAINST MERCURY
14. Plaintiff, IRIS VANESSA LAUREANO, reiterates, realleges and adopts the
foregoing paragraphs one (1) through thirteen (13) and further alleges:
15. At all times material, Plaintiff, IRIS VANESSA LAUREANO, was insured under
a POLICY of insurance by the insurer, Defendant MERCURY.
16. On or about March 20, 2021, Plaintiff, IRIS VANESSA LAUREANO, was
involved in a motor vehicle collision in Casselberry, Seminole County, Florida.
17. As a result of this crash, Plaintiff, IRIS VANESSA LAUREANO, sustained
injuries.
18. Joseph Wauken Gutierrez negligently operated his motor vehicles so that it caused
a collision with the motor vehicle Plaintiff, IRIS VANESSA LAUREANO, was riding in.
19. As a direct and proximate result of the negligence of the vehicle driven by Joseph
Wauken Gutierrez, the Plaintiff, IRIS VANESSA LAUREANO, suffered bodily injury and
resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of
earnings, loss of ability to earn money, and aggravation of a previously existing condition. The
losses are either permanent or continuing and Plaintiff, IRIS VANESSA LAUREANO, will suffer
the losses in the future.
20. Joseph Wauken Gutierrez, did not have sufficient insurance coverage in effect at
the time of the above-described crash.
21. Joseph Wauken Gutierrez is an uninsured or underinsured motorist under the
POLICY.
22. A claim has been made against Defendant, MERCURY, for underinsured insurance
benefits under the policies as written by Defendant, MERCURY.
23. Plaintiff, IRIS VANESSA LAUREANO, advised Defendant, MERCURY, of a
claim for underinsured motorist benefits.
24. Under the POLICY with Defendant, MERCURY, Plaintiff, IRIS VANESSA
LAUREANO, had uninsured/underinsured motorist benefits which provided coverage in the
amounts set forth in the policy, for which the Plaintiff, IRIS VANESSA LAUREANO, has made
claim as a result of this incident.
25. Defendant, MERCURY, has failed, refused and otherwise neglected to pay the
same.
26. Plaintiff, IRIS VANESSA LAUREANO, has complied with all conditions
precedent to the filing of this Complaint under the provisions of the POLICY issued by the
Defendant, MERCURY, and has made demand upon Defendant, MERCURY, for benefits under
the POLICY.
27. Defendant, MERCURY, has failed, refused and otherwise neglected to pay
Plaintiff, IRIS VANESSA LAUREANO, for the full value of the claim.
WHEREFORE, the Plaintiff, IRIS VANESSA LAUREANO, demands judgement for
damages against Defendant, MERCURY, together with costs, interest, and other such relief
deemed just and proper by the Court and demands trial by jury on all issues so triable.
DEMAND FOR JURY TRIAL
Plaintiff hereby requests a trial by jury on all issues so triable.
Dated this 1‘ day of September, 2022.
|| Louis B. Berk
Louis Berk, Esquire
Florida Bar No.: 111895
Email: Louisefiling@louisberklaw.com
Louis Berk Law, PLLC.
821 Herndon Avenue #140311
Orlando, FL 32814
Telephone (407) 906-0500
Facsimile (407) 641-8424
Attorneys for Plaintiff
EXHIBIT A
Auto Insurance Policy Declarations MERCURY
To report a claim please call (800) 503-3724 NSURANCE
Policy Period Policy Numbe:
Fro 02/19/2021 12:01 AM FLAPO000140961
To: 08/19/2021 1. 1 AM
Standard time at the address of the Named Insured
Agent Company
DEHLINGER,MICHAEL & ASSOC. (099872) Mercury Indemnity Company of America
433 E MICHIGAN STREET P.O. Box 31476
ORLANDO, FL 32806 Tampa, FL 33631-3476
(407) 839-0505
Named Insured
INES ZAPATA
6550 S Goldenrod Rd
Unit C
Orlando, FL 32822-3494
Important Information Date Sent: 12/31/2020
This declaration provides only a summary of coverage. All coverage is subject to the terms, conditions, and exclusions of the
policy contract.
Discounts (Surcharges)
3 Year Accident/Violation Free Airbag Anti-Lock Brake
Anti-Theft Continuous Insurance Good Payer
Homeowner New Business 5 Year Accident Free Occupation
Pay in Full
Listed Drivers
INES ZAPATA
Excluded Drivers (Any Person Listed Below Is An Excluded Driver)
Vehicles and Coverage Limits
2017 HONDA ACCORD HYBRID, VIN: JHMCR6F37HCO21086
Garaging ZIP Code: 32822-3494, Primary Use of the Vehicle: Pleasure
Loss Payee : VYSTAR CREDIT UNION, PO Box 45085 Jacksonville, FL 32232-5085
Coverages Limits Premium
Bodily Injury Liability $100,000 each Person/$300,000 each Accident $427.00
Property Damage Liability $100,000 each Accident
Uninsured Motorist $25,000 each Person/$50,000 each Accident $129.00
Non-Stacked
Personal Injury Protection (PIP) $10,000 each Person/$1,000 Deductible for Named $198.00
Insured and Dependent Resident Relatives
Wage Loss Option: No Wage Loss Exclusion
Comprehensive Actual Cash Value less $1,000 Deductible $73.00
Collision Actual Cash Value less $1,000 Deductible $220.00
Rental $30 each Day/Maximum 30 Days $17.00
Roadside Assistance $75Towing and $75 for Non-Towing Services per $3.00
U-176 FL07/2020 Page 1 of 2
Occurrence/Maximum 3 Occurrences
Total Premium for 2017 HONDA ACCORD HYBRID $1,067.00
Subtotal Policy Premium (All Vehicles) $1,067.00
Total 6 Month Policy Premium (All Vehicles) $1,067.00
Policy Contract and Endorsements
Your insurance policy and any endorsement(s) contain a full explanation of your coverage. The policy contract is form U-10
FL MIDA Florida Auto Policy (06/2020). The contract is modified by endorsement(s):
U-176 FL07/2020 Page 2 of 2
fh MERCURY
INSURANCE
FLORIDA
AUTO POLICY
U-10 FL 06/2020
PLEASE READ YOUR AUTO POLICY: It is part of a legal contract between the Named Insured and us. Its
terms include a description of your coverage as well as definitions, duties, limits, exclusions and other clauses
and conditions. If you:
. have questions about your policy or coverage;
. need to make changes;
. want to get help with resolving a complaint; or
. have any other issue(s);
contact us at (800) 987-6000 or contact your agent.
IN THE EVENT OF A MOTOR VEHICLE ACCIDENT:
Contact us as soon as possible at (800) 503-3724, or contact your agent.
Please read your policy for other important duties after any accident or loss.
NOTICE: THIS POLICY LIMITS REIMBURSEMENT OF MEDICAL BENEFITS.
TABLE OF CONTENTS
Page
Agreement
Duties - What To Do In Case Of A Motor Vehicle Accident Or Loss
Policy Definitions
Policy Exclusion
Part I - Liability To Others Coverage
Insuring Agreement
Additional Payments
Additional Definitions
Exclusions
Limits of Liability
Other Insurance
Financial Responsibility Laws
Out-of-State Coverage
Part Il —- Personal Injury Protection (“PIP”)
Insuring Agreement
Additional Definitions
Exclusions
Limits of Liability
Other Insurance
Right to Reimbursement From Owner or Insurer of Commercial Motor Vehicle
Claims Payment & Assignment of Benefits
Premium Adjustment
Legal Action Against Us
Fraud
Part Ill - Medical Payments Coverage
Insuring Agreement
Additional Definitions
Exclusions
Limits of Liability
Other Insurance
Legal Action Against Us
Part IV - Damage To Your Auto Coverage
Insuring Agreements
Collision Coverage
Comprehensive Coverage
Other Additional & Optional Coverages
Temporary Transportation Expenses
Rental Coverage
Roadside Assistance
Limited Physical Damage Coverage - Mexico
Loan-Lease Payoff Coverage (GAP)
Replacement Cost Coverage
Additional Definitions
Exclusions
Limits of Liability
Settlement of Loss
Other Insurance and Sources of Recovery
No Benefit to Bailee
Loss Payee/Lienholder
Appraisal
Part V— Uninsured Motorist Coverage
Insuring Agreement
Additional Definitions
Exclusions
Limits of Liability
Other Insurance
General Provisions
Policy Period
Policy Territory
Policy Changes and Premium
Policy Termination
Cancellation & Premium Refund
Policies That May Not Be Cancelled
Nonrenewal
Automatic Termination
Proof of Notice
Non-Divisibility of Policy Termination
Our Right to Rescind the Policy
Voiding for Fraud or Misrepresentation
Voiding for Failure of Payment
Our Right to Deny Coverage Due to Fraud
Adjusting Claims
Mediating Claims
Our Rights to Recover (Subrogation)
Legal Action Against Us
Bankruptcy
Interests
Transfer of Interests
Joint and Individual Interests
Our Opportunity to Defend
Compliance with State Laws
Named Excluded Driver
Physical Damage Only
AGREEMENT
This policy is a legal contract between the Policyholder and us. We agree to provide this insurance, subject to all
terms of this policy, conditioned upon the following
1 The information you gave to us in your application is true and correct; and
2. The premium is paid when due.
DUTIES - WHAT TO DO IN CASE OF A MOTOR VEHICLE ACCIDENT OR LOSS
IMPORTANT: Failure to perform any of the duties listed below or comply with all policy terms may result ina
claim or coverage being denied.
In the event of an accident or loss:
1 REPORT IT TO US PROMPTLY.
A person claiming coverage for an accident or loss should contact us directly at 1-800-503-3724.
Every person insured under this policy must notify us within 24 hours or as soon as practicable of how, when,
and where any accident or loss occurred involving that person or a motor vehicle to which any coverage
under this policy may apply. When any accident or loss information becomes available to you or any person
claiming coverage under this policy, and it is reasonably possible to do so, notice should be given to us. This
information should include, but is not limited to:
a Your name, address, telephone number and policy number;
b. All facts and circumstances of the accident or loss, including location, date and time, police action and
weather conditions;
c. A description of property damage and any bodily injury sustained by anyone involved in the accident or
loss;
d Names and addresses of:
(1) All persons involved or injured in the accident; and
(2) Any witnesses; and
e The license plate numbers and descriptions of vehicles involved.
COOPERATE WITH US.
Any person or party claiming any coverage under this policy must cooperate with us. This cooperation
includes, but is not limited to:
a. As to any claim or lawsuit:
(1) Cooperate with and assist us in any matter, including in any investigation, settlement and defense.
(2) Promptly give us any legal papers.
(3) Attend depositions, hearings, arbitrations, mediations and trials as requested by us.
b. As often as we reasonably request at a location selected by us:
(1) Give us signed and recorded statements and statements under oath, and submit to examinations
under oath by us or our representative. The scope of questioning during any examination under oath
shall be all relevant information and information that could reasonably be expected to lead to relevant
information. Compliance with this requirement is a condition precedent to receiving benefits under PIP.
We may require that statements and examinations be done individually and outside the presence of
witnesses or other persons seeking coverage or benefits. Though, a personal representative of the
person claiming coverage may be present so long as that representative is not one who is seeking
coverage or benefits. If a claimant assigns benefits to any entity,
we may choose any representative of that entity to appear.
(2) Submit to, at our expense, medical exams, including physical and/or mental exams, by physicians we
select. If transportation costs are incurred to get to and from such an exam to be done per our
request, we will reimburse:
(a) Reasonable costs for transportation as shown by receipts; or
(b) Mileage, if incurred, according to the standard mileage rate set by the Internal Revenue Service
in effect on the day the transportation occurred.
If an insured person refuses to submit to, or fails to appear at, two such examinations, it will raise a
rebuttable presumption that the insured person’s refusal or failure was unreasonable, and we will not
pay benefits under this policy, with respect to Part Il-Personal Injury Protection (PIP), Part IIl-Medical
Payments, and Part V-Uninsured Motorist coverages only, to or for that insured person for any
subsequently rendered treatment.
c, Provide us with written authorization to obtain
(1) Medical records and reports;
(2) Employment and wage records;
(3) Other records relevant to the facts of the auto accident or the bodily injuries or other damages
caused by the auto accident, including:
(a) Electronic records;
(b) Business and financial records, sales agreements, rental documents;
(c) Computer records;
(d) Current and prior insurance claims records; and
(e) Loss payee/lienholder records.
When reasonably possible.
. In the event of a loss, you agree that we may retrieve and use all data contained in an Event Data
Recorder (EDR) or similar device.
Provide any written proofs of loss we may reasonably require.
Not to assume any obligation to other persons, or incur any expense, except at that person’s own
expense.
g Provide all information required by state or federal law.
For claims under Part IV - Damage To Your Auto, you must also:
a. Report any vandalism or theft to the police within 24 hours or as soon as practicable of discovering it.
b. Take reasonable emergency steps after the accident or loss to protect property from any further loss. If
emergency measures are required, you must:
(1) Take those temporary measures that are necessary to protect the covered property from further
damage; and
(2) Permit us to inspect the property before permanent repairs are made.
We will pay reasonable expenses incurred to do so. If you do not protect property from further loss, any
further loss will not be covered.
Give notice to us or your insurance agent within 72 hours after you discover the loss or damage, or
within 72 hours after you knew or should have known of the loss or damage. In the event of an
emergency circumstance preventing your notification to us or to your insurance agent as described
above, you must:
(1) Give us prompt notice; and
(2) Provide supporting documentation explaining why you were unable to report your loss or damage to
us or insurance agent within 72 hours. If in the event of an emergency circumstance, you or your
representative notifies another party who provides claim support or expert claim advice regarding the loss
or damage, you must provide notice to us or your insurance agent.
Allow us to inspect, photograph and appraise the damaged property before its repair or disposal when
reasonably possible.
Keep an accurate record of repair expenses.
Authorize us to move the damaged property to a storage facility of our choice at our expense. If you do
not authorize us to move property, we have no duty to pay any storage costs that would have been
avoided if the property had been moved to a storage facility of our choice.
For any windshield claim you must:
(1) Notify us of any windshield damage claim or loss before any work is commenced or repairs are
completed by contacting us or your insurance agent; and
(2) Allow us to inspect the damaged covered auto, provided that this condition for coverage is waived if:
i we fail to inspect the covered auto within 48 hours after the loss is reported by you or the
owner of the covered auto, or
ii. the emergency repairs are necessary to minimize further damage or expenses so long as color
photographs clearly showing the damaged area(s) are taken and provided to us along with
itemized estimates of such repairs and payment receipts.
Give us any forms that may be required to be provided to us by the Florida motor vehicle insurance
inspection laws, as amended. Not doing so, or failure to have your auto inspected when and as
required, may result in coverage denial or suspension.
For claims under Part V - Uninsured Motorist Coverage, you must also notify the police within 24 hours and
us within 30 days of the accident if a hit-and-run vehicle is involved.
5. Any person claiming any coverage under this policy must perform any other duty when and as required by
this policy.
POLICY DEFINITIONS
When shown in bold type in this policy, the words and phrases listed below are defined as described in these
Policy Definitions. These definitions will apply throughout the policy, whether the word or phrase is used in its
singular, plural, possessive, active or passive form unless indicated to the contrary in the definition.
As used in this policy:
1 “Accident” means an unexpected event that causes bodily injury or property damage and arises out of the
ownership, maintenance or use of a motor vehicle. This definition does not apply under Part Il for PIP.
2 “Actual cash value” means the fair market value of the stolen or damaged property at the time of the
accident or loss. Fair market value takes into account the following factors which may reduce value:
a. The property's age, mileage and physical condition; and
b. Depreciation and prior damage.
“Additional acquired auto” means any auto you acquire, other than a replacement auto, when you
become the owner, if:
a. You ask us to insure that auto within 30 days after you became the owner; and
b. You pay the premium required by us.
An additional acquired auto will have the same coverage as the auto shown in the Declarations with the
broadest coverage. If you ask us to add coverage or increase limits for that auto, any added coverage or
increased limits will not apply until after we agree in writing to add the coverage or increase the limits. If you
do not ask us to insure the auto within 30 days after you become the owner, no insurance applies to that
auto until after you ask us to insure it and we agree in writing to insure that auto.
“Application” means the form(s) from us or our agent used to collect data to decide
a If we will insure you;
b. The coverage we agree to provide under this policy; and
c. The premium we charge you for this policy.
The “Application” may include, but is not limited to any:
a Supplemental Application from us;
b. Named driver exclusion election;
c. Forms we provide for coverage selection, coverage rejection or lower limit election; and
d. Other written agreements, documents or forms we request or require from you.
“Auto” means a motor vehicle with four or more wheels, of the private passenger type, with a gross vehicle
weight rating by the manufacturer that does not exceed 10,000 pounds, that is:
a Required to be registered by the state motor vehicle registration laws; and
b. Designed for use on public streets and highways.
“Auto” does not include any:
Step-van or vans with cabs separate from the cargo area;
Motorcycle, dirt bike or all-terrain vehicle (ATVs);
Golf cart;
Tractor;
Farm machines;
Vehicles operated on rails or crawler treads; or
Vehicles while used:
(1) As a residence or premises; or
(2) For office, store or display purposes.
“Auto business” means any business that sells, leases, rents, repairs, services, stores, parks, valets,
washes, delivers, tests, road tests, tows or transports motor vehicles or trailers.
“Bodily Injury” means bodily harm to a person, and any illness, sickness, disease or death resulting from
that bodily harm.
“Business” means a trade, profession, occupation, employment, job, or commercial activity of any kind.
“Declarations” means the most recent document we have issued to the named insured that lists:
a The motor vehicles insured under this policy;
b. The licensed drivers you told us reside in your household and other drivers who you told us regularly
operate listed motor vehicles;
Cc. The types of coverage provided;
The limits for each coverage you have selected;
The deductibles;
The premiums you must pay for each coverage you have selected;
g The policy period; and
h Other policy information.
10. “Del iver persons or property for compensation or a fee” means to transport or carry persons, or deliver
wholesale or retail products, goods, materials or property, in exchange for any form of compensation or a fee.
This includes, but is not limited to:
a The pick-up or delivery of magazines, newspapers, products, pizza or other food by any person who
receives money, income, salary, property or anything else of value in consideration for such pick-up or
delivery;
The transport of persons, products, goods, materials or property by any person who receives money,
income, salary, property or anything else of value in consideration for such transport; and
Any travel to or from a destination related to any of the activities described in this definition, whether or
not any persons or products are in the motor vehicle at the time of the accident.
11 epreciation” means the decline in value of property due to its wear and tear or it being outdated.
12. ‘ailure to pay premium” means the nonpayment, when due, of any premium or other payment due.
‘ailure to pay premium” includes any payment that is made by a non-cash method, including but not limited
to check, credit card, debit card, ACH (automated clearing house) or other electronic payment method that is
returned to us unpaid, rejected, uncollectible or dishonored by a financial institution for any reason, including
payments returned due to “insufficient funds” or “closed account.”
13. “Household” means the place where you reside and which is located at the address shown in the
Declarations. When located at the address shown in the Declarations, your “household” includes a house,
apartment, condominium, mobile home, house trailer, manufactured home, group of rooms, or a self-
contained single room.
14. “Insured auto” means:
a A motor vehicle shown in the Declarations.
b. An additional acquired auto.
c. A replacement auto.
For part Il — Personal Injury Protection (PIP), an insured auto also means a motor vehicle owned by an
insured for which security is required to maintained under the Florida No-Fault law and either a premium is
charged, or it is a trailer other than mobile home or a motor home, designed for use with such vehicle.
15. “Loss” means sudden, direct and accidental physical damage to property, or theft of property
16. “Minimum limits’ means the minimum amounts of liability insurance required under the law of the state of
Florida, that applies to the owner or operator of a private passenger auto, with a limit for bodily injury to one
person in any one accident (the bodily injury “per person” limit), and with a limit for bodily injury to two or
more persons in any one accident (the bodily injury “per accident” limit), and for property damage with a
“per accident’ limit.
17. “Motor vehicle” means any self-propelled land motor vehicle required to be registered by the motor vehicle
registration laws, and designed mainly for use on public streets and highways. This definition of “motor
vehicle” does not apply under Part Il — PIP.
18. “Named insured” means the person(s) or policyholder shown in the Declarations. This definition of “named
insured” does not apply under Part II — PIP.
19. “No-Fault Law’ means the Florida Motor Vehicle No-Fault Law, Sections 627.730 to 627.7405, Florida
Statutes, as amended and in effect on the date of an accident.
20. “Non-owned auto” means an auto, if it is:
a Used with the permission of the owner of the auto;
b. Not owned by, registered to or available for regular or frequent use by you, a relative, any person who
resides in your household or a person listed as a driver in the Declarations;
c. Not owned by, leased to or rented to your employer or the employer of any person who resides in your
household; and
d Not rented by or in the possession of you, a relative, or an insured person for more than 90 consecutive
days.
However, “non-owned auto” does not include a temporary substitute.
21 “Occupying” means in, on, or engaged in the act of getting in, on, out or off of.
22. “Operating” means the acts of an operator of a motor vehicle.
23. “Operator” means the person sitting in the driver's seat, behind the steering controls of a motor vehicle and
no other person.
24. . “Owned” means to:
a Hold legal title to the motor vehicle;
b. Have legal possession of the motor vehicle subject to a written conditional sales agreement; or
c. Have legal possession of the motor vehicle under a lease agreement of more than three continuous
months.
25. “Owner” means the person or entity who:
a Holds legal title to the motor vehicle;
b. Has legal possession of the motor vehicle subject to a written conditional sales agreement; or
c. Has legal possession of the motor vehicle under a lease agreement of more than three continuous
months.
26. “Personal vehicle sharing” means the use of private passenger motor vehicles in connection with a personal
vehicle sharing program by persons or parties other than the vehicle's owner, you or a relative.
27. “Personal vehicle sharing program’ means a group or legal entity engaged in the business or activity of
facilitating or promoting the sharing of private passenger vehicles for temporary noncommercial use by
individuals within the state pursuant to a written agreement between the individual and the legal entity that sets
forth the terms of use.
28. “Person” means a natural human being. “Person” does not include a business.
29. “PIP” means Personal Injury Protection as set forth in Part II of this policy, in accord with the No-Fault Law.
30. “Punitive damages’ means all damages intended or awarded to:
a. Punish or deter wrongful, malicious or unlawful conduct by any insured person;
b. Deter wrongful, malicious or unlawful conduct by a person, other than any insured person, or any entity;
or
Cc, Fine, penalize or impose a statutory penalty;
other than damages intended to compensate for bodily injury or property damage (as defined in Part |)
incurred. “Punitive damages’ include, but are not limited to, damages referred to under any law as punitive
damages, exemplary damages, treble damages or statutory multiple damages, and costs, attorney fees, other
fees or interest awarded because of such damages.
31 “Racing” means to
a Prepare for or participate in any organized or unorganized race, speed contest, demolition, stunt,
competition or timed contest or activity;
b. Operate a motor vehicle on an indoor or outdoor track, course or trail designed or used at any time for:
(1) A speed contest;
(2) Demonstration driving;
(3) High performance driving;
(4) Driving competition; or
(5) Off-road driving.
32. “Relative” means a person who
a Resides in your household and is:
(1) Related to you by blood, marriage or adoption; or
(2) Your ward or foster child; or
b. Is your unmarried and dependent child, ward or foster child who:
(1) Temporarily lives elsewhere while away at school or in the armed forces; and
(2) Are considered to reside with you provided they are not emancipated.
If the named insured is a legal entity or organization, and is not a person, or a trust for a person, no one is a
“relative” under this policy.
33. “Replacement auto” means any auto you acquire, when you become the owner, if:
a It replaces a motor vehicle shown in the Declarations and you have transferred title and possession of
the replaced motor vehicle to someone other than you; and
b. You pay the premium required by us:
However, no insurance will apply under Part IV —- Damage to Your Auto Coverage if you do not ask us to
insure that auto within 30 days after you became the owner. The replacement auto shall have the same
coverage as the auto it replaced. If you ask us to add coverage or increase limits for that auto, any added
coverage or increased limits will not apply until after you ask us to add the coverage or increase the limits. If
you do not ask us to insure the auto within 30 days after you become the owner, no insurance will apply
under Part IV — Damage to Your Auto to that auto until after you ask us to insure it and we agree to provide
this coverage for that auto.
34. “Reside’, “resides” and “residing” means to live at a place with the intent of continually staying there as that
person's primary and legal domicile.
35. “Temporary substitute” means an auto used by you, a relative, or a person who has permission to use
that auto from you or a relative, while it replaces an insured auto for a short time while the insured auto is
out of use due to its
a Breakdown;
b. Repair; or
c. Servicing;
if the auto is:
a Being used by you or a relative with the permission of the owner of the auto;
b. In the lawful possession of you or a relative: and
c. Neither you nor a relative are the owner of the auto or has registered the auto.
If an auto is a temporary substitute as defined above, it may not be considered a non-owned auto.
36. “Trailer’ means a vehicle that meets all of the following requirements at the time of loss:
a It is not being used for business or commercial purposes.
b. It is being used with a motor vehicle to which this insurance applies.
c. It is designed for use with an auto.
d Itis not a home, office, store, display or passenger trailer.
e. It is not used in the auto business.
Atrailer may include a farm wagon or farm implement when towed by a private passenger auto, pickup, or
van.
Trailer is defined differently in PART IV-DAMAGE TO YOUR AUTO COVERAGE.
37. “Transportation network company” means an organization or entity, including, but not limited to, a
corporation, limited liability company, partnership, sole proprietor, or any other entity, that provides
prearranged rides for compensation using a digital network or other online-enabled or digital application,
software, website, system or platform to connect with any person with a driver for hire.
38. “We,” “us” and “our” means the Company shown in the Declarations.
39. “You” and “your” means the:
a Named insured(s); and
b. If the named insured is a person, the named insured’s:
(1) Spouse if residing in the named insured’s household; or
(2) Domestic partner who:
(a) Is registered pursuant to law under a registered domestic partner or civil union law; and
(b) Resides in the named insured’s household.
POLICY EXCLUSION
No insurance or coverage of any kind applies under this policy for any accident, loss, bodily injury, property
damage or other damage that occurs while any person (who is otherwise an insured person or seeking coverage
under this policy) is or was:
1 Operating any vehicle; or
2. Using an insured auto;
as a part of, related to, for or in connection with any type of or activity associated with a transportation network
company, which includes all use of and activity with any such vehicle during the period of time from the moment
a participating driver in a transportation network company logs on to the transportation network company’s
digital network or other online-enabled application or platform, and at any time a driver is providing a prearranged
tide in connection with a transportation network company, until that driver logs off the online-enabled
application or platform or the passenger exits the vehicle, whichever is later.
This exclusion applies without regard to any other policy term, exclusion, exception, definition or other policy
provision.
However, if we are required by law to provide any insurance under this policy, despite the exclusion for use
related to a transportation network company or other similar use, as set forth above, the insurance provided by
us shall be:
1 Limited to the minimum types of coverage and limits required by that law; and
2. Excess to:
a All other insurance, contingent insurance, self-insurance, liability bonds, certification of financial
responsibility, and/or protection provided pursuant to a financial responsibility filing; and
b. The financial responsibility or insurance limits required by law to be maintained by a:
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(1) Transportation network company, when applicable;
(2) A person operating a motor vehicle in connection with a transportation network company activity,
when applicable; or
(3) The owner or operator of a motor vehicle that is not the insured auto.
This exclusion does not include a taxicab, for-hire vehicle, or street hail service, and does not include ridesharing
as defined in Section 341.031, Florida Statutes, carpool as defined Section 450.28, Florida Statutes, or any other
type of service in which the driver receives a fee that does not exceed the driver's cost to provide the ride.
You must disclose to us any participation at any time by you or a relative, as either a driver or vehicle owner, in
any transportation network company, or other similar arrangement. Failure to do so may result in the
nonrenewal of your policy. This duty does not apply to a share-the-expense car pool.
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PART | - LIABILITY TO OTHERS COVERAGE
Insuring Agreement
We will pay compensatory damages, up to the limits of liability shown in the Declarations, for which an insured
person is legally liable to others because of:
1 Bodily injury; or
2. Property damage;
resulting from a motor vehicle accident. Damages include prejudgment interest on compensatory damages
awarded against an insured person.
When you buy coverage under Part I, we also will pay, in addition to our limit of liability, all costs we incur to
defend insured persons in any lawsuits that assert claims that come within the coverage you bought from us.
When the coverage you bought under this Part | applies, we will defend, with an attorney of our choice, any
lawsuit brought against an insured person for bodily injury or property damage, or settle these claims, as we
deem appropriate. Our duty to settle or defend ends when we pay our limit of liability for payment of a judgment
or settlement. We have no duty to settle or defend any claim that is not covered by this policy.
Additional Payments
When the coverage you bought under Part I applies, in addition to our limit of liability we will pay for an insured
person
4 All costs we incur in the settlement of any claim or defense of any lawsuit.
2 Interest accruing after the entry of judgment, for compensatory damages, on any lawsuit we defend to which
this coverage applies. When we offer to pay that part of the judgment within our limit of liability for this
coverage, our duty to pay post-judgment interest ends. We will not make any payment for this interest if we
have not been given notice of suit or a chance to defend an insured person.
Premiums on appeal bonds and attachment bonds required in any suit we defend. We have no duty to apply
for or furnish bonds. We will not pay the premium for a bond that is more than our limit of liability
Up to $100 incurred by an insured person for the cost of a bail bond required due to an accident covered by
this policy or a traffic law violation from such accident. We have no duty to apply for or furnish such a bond.
Upon request from an insured person, up to $50 per day for loss of earnings incurred by an insured
person, but no other type of income, due to attendance at hearings or trials at our request.
6. Other reasonable expenses incurred at our written request that we have agreed in advance in writing to pay.
Additional Definitions
“When shown in bold type in Part |, the words and phrases listed below are defined as described here, below, in
Part |. These definitions will apply in Part | whether used in its singular, plural or possessive form.
1 “Insured person” means:
a. You for the:
(1) Ownership; maintenance or use of an insured auto;
(2) Use of a non-owned auto;
(3) Use of a temporary substitute; and
(4) Use of a trailer.
A relative, for the use of an insured auto, temporary substitute, or a trailer.
Any person shown as a “driver” in the Declarations, for the use of an insured auto, temporary
substitute or a trailer.
Any other person for the use of:
(1) An insured auto;
(2) Atemporary substitute; or
(3) A trailer;
If the use of the auto is with your express or implied permission
A relative, for the use of a non-owned auto.
Any other person or organization with respect only to legal liability for use of an insured auto or a
temporary substitute by any person described above in this definition.
12
g. Any Additional Interest Insured shown in the Declarations, but only to the extent of liability of a person
described in a, b or c above for use of the insured auto or a temporary substitute in which they have an
interest. Coverage for an Additional Interest Insured does not increase our limit of liability.
2 “Property damage” means damage to or destruction of tangible property, including the loss of use of that
property.
Exclusions
Part | - Liability To Others Coverage, and our duty to defend a lawsuit, does not apply to:
1 Bodily injury or property damage that arises out of the use of any vehicle or trailer:
a As a public or livery conveyance; or
b. To deliver persons or property for compensation or a fee.
This exclusion does not apply to shared-expense car pools.
Bodily injury or property damage:
a. Caused intentionally by or at the direction of, or
b. That is reasonably expected by;
any insured person
Bodily injury or property damage caused by any person using a motor vehicle without the expressed or
implied permission of the owner or person having lawful possession. This exclusion does not apply to the
ownership, maintenance or use of an insured auto by you or a relative.
Bodily injury to an employee or co-worker of an insured person that arises out of or in the course of
employment. This exclusion does not apply to bodily injury to a domestic employee of an insured person
unless benefits are payable or are required to be provided under any workers’ compensation or other similar
law.
Bodily injury or property damage that arises out of the maintenance or use of a motor vehicle in
connection with, or in the course of, any auto business. This exclusion does not apply to you, a relative or
an employee or agent of you or a relative.
Property damage to property:
a Owned or transported by an insured person;
b. Rented to or in the care of an insured person, other than a residence or private garage rented by you; or
c. Used or occupied by an insured person, other than a residence or private garage rented by you.
Bodily injury to you or a relative.
Liability assumed by an insured person under any contract or agreement, except as required by and subject
to Florida Statutes § 627.7263, as amended, as to a motor vehicle rental or leasing contract.
Bodily injury or property damage that arises out of the ownership or use of a vehicle for racing. This
exclusion does not apply to:
a An insured person who is innocent of participation in racing; or
b. Your liability arising out of the ownership of an insured auto when the insured auto is used by person
without your permission.
10. Bodily injury or property damage that arises out of, or is due to:
a. The ownership or use of a vehicle for transporting any explosive substance, toxic material, flammable
substance, or similarly hazardous material other than household cleaning products for personal use, or
lawn mower or similar yard maintenance
Preview
Filing # 156573132 E-Filed 09/01/2022 08:21:49 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: IRIS VANESSA LAUREANO, Plaintiff, vs. MERCURY INDEMNITY COMPANY OF AMERICA, Defendant. / COMPLAINT FOR DAMAGES AND JURY DEMAND COMES NOW, the Plaintiff, IRIS VANESSA LAUREANO, by and through the undersigned attorneys, and file this Complaint for Damages against the Defendant, MERCURY INDEMNITY COMPANY OF AMERICA, and allege: PARTIES 1 At all times material hereto the Plaintiff, IRIS VANESSA LAUREANO, was a resident of Osceola County, Florida, and is sui juris. 2. The Defendant, MERCURY INDEMNITY COMPANY OF AMERICA, (hereinafter “MERCURY’”) is a Florida Profit Corporation licensed to conduct business in the Florida and actively conducts the business of issuing automobile insurance policies in Florida, including Osceola County, Florida. JURISDICTION/VENUE 3 This is an action for damages in excess of Thirty Thousand ($30,000.00) Dollars. 4 Venue is appropriate in Osceola County because the Defendant actively conducted business in Osceola County. FACTUAL ALLEGATIONS 5 MERCURY’s registered agent is the Chief Financial Officer, 200 East Gaines Street, Tallahassee, FL 32399-4201; and/or by Statute, the registered agent is designated as the Chief Financial Officer, 200 East Gaines Street, Tallahassee, FL 32399-4201. 6 On or about March 20, 2021, Plaintiff, IRIS VANESSA LAUREANO, was a restrained passenger in a motor vehicle traveling southbound on SR 436, in Casselberry, Seminole County, Florida. 7 On or about March 20, 2021, Joseph Wauken Gutierrez, was an underinsured motorist, traveling southbound on SR 436, in Casselberry, Seminole County, Florida. 8 At that time and place, Joseph Wauken Gutierrez, negligently failed to observe his surroundings, negligently failed to keep a safe breaking distance between his motor vehicle and that of the Plaintiff's, and as a result, struck the rear of the vehicle Plaintiff, IRIS VANESSA LAUREANO was riding in. 9 Plaintiff, IRIS VANESSA LAUREANO, was insured under a policy of insurance (Policy No. FLAP0000140961 and referred to hereinafter as “POLICY”) issued by the Defendant, MERCURY, which was in effect on the date of this crash. A copy of the POLICY is attached hereto and made part of as Plaintiff's Exhibit “A”. 10. The POLICY included uninsured motorist's coverage for the vehicle Plaintiff owned. 11. Pursuant to the terms and conditions of the uninsured motorist portions of said POLICY, Defendant, MERCURY, is obligated to pay all covered losses resulting from the negligence of an uninsured and/or underinsured driver in the collision of March 20, 2021. 12. The Plaintiff has complied with all the terms and conditions of said POLICY and all conditions precedent to bring this lawsuit. 13. Demand for benefits under said POLICY have been made by the Plaintiff and Defendant, MERCURY, has failed, refused and otherwise neglected to pay the same. COUNT I: UNDERINSURED / UNINSURED CLAIM AGAINST MERCURY 14. Plaintiff, IRIS VANESSA LAUREANO, reiterates, realleges and adopts the foregoing paragraphs one (1) through thirteen (13) and further alleges: 15. At all times material, Plaintiff, IRIS VANESSA LAUREANO, was insured under a POLICY of insurance by the insurer, Defendant MERCURY. 16. On or about March 20, 2021, Plaintiff, IRIS VANESSA LAUREANO, was involved in a motor vehicle collision in Casselberry, Seminole County, Florida. 17. As a result of this crash, Plaintiff, IRIS VANESSA LAUREANO, sustained injuries. 18. Joseph Wauken Gutierrez negligently operated his motor vehicles so that it caused a collision with the motor vehicle Plaintiff, IRIS VANESSA LAUREANO, was riding in. 19. As a direct and proximate result of the negligence of the vehicle driven by Joseph Wauken Gutierrez, the Plaintiff, IRIS VANESSA LAUREANO, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff, IRIS VANESSA LAUREANO, will suffer the losses in the future. 20. Joseph Wauken Gutierrez, did not have sufficient insurance coverage in effect at the time of the above-described crash. 21. Joseph Wauken Gutierrez is an uninsured or underinsured motorist under the POLICY. 22. A claim has been made against Defendant, MERCURY, for underinsured insurance benefits under the policies as written by Defendant, MERCURY. 23. Plaintiff, IRIS VANESSA LAUREANO, advised Defendant, MERCURY, of a claim for underinsured motorist benefits. 24. Under the POLICY with Defendant, MERCURY, Plaintiff, IRIS VANESSA LAUREANO, had uninsured/underinsured motorist benefits which provided coverage in the amounts set forth in the policy, for which the Plaintiff, IRIS VANESSA LAUREANO, has made claim as a result of this incident. 25. Defendant, MERCURY, has failed, refused and otherwise neglected to pay the same. 26. Plaintiff, IRIS VANESSA LAUREANO, has complied with all conditions precedent to the filing of this Complaint under the provisions of the POLICY issued by the Defendant, MERCURY, and has made demand upon Defendant, MERCURY, for benefits under the POLICY. 27. Defendant, MERCURY, has failed, refused and otherwise neglected to pay Plaintiff, IRIS VANESSA LAUREANO, for the full value of the claim. WHEREFORE, the Plaintiff, IRIS VANESSA LAUREANO, demands judgement for damages against Defendant, MERCURY, together with costs, interest, and other such relief deemed just and proper by the Court and demands trial by jury on all issues so triable. DEMAND FOR JURY TRIAL Plaintiff hereby requests a trial by jury on all issues so triable. Dated this 1‘ day of September, 2022. || Louis B. Berk Louis Berk, Esquire Florida Bar No.: 111895 Email: Louisefiling@louisberklaw.com Louis Berk Law, PLLC. 821 Herndon Avenue #140311 Orlando, FL 32814 Telephone (407) 906-0500 Facsimile (407) 641-8424 Attorneys for Plaintiff EXHIBIT A Auto Insurance Policy Declarations MERCURY To report a claim please call (800) 503-3724 NSURANCE Policy Period Policy Numbe: Fro 02/19/2021 12:01 AM FLAPO000140961 To: 08/19/2021 1. 1 AM Standard time at the address of the Named Insured Agent Company DEHLINGER,MICHAEL & ASSOC. (099872) Mercury Indemnity Company of America 433 E MICHIGAN STREET P.O. Box 31476 ORLANDO, FL 32806 Tampa, FL 33631-3476 (407) 839-0505 Named Insured INES ZAPATA 6550 S Goldenrod Rd Unit C Orlando, FL 32822-3494 Important Information Date Sent: 12/31/2020 This declaration provides only a summary of coverage. All coverage is subject to the terms, conditions, and exclusions of the policy contract. Discounts (Surcharges) 3 Year Accident/Violation Free Airbag Anti-Lock Brake Anti-Theft Continuous Insurance Good Payer Homeowner New Business 5 Year Accident Free Occupation Pay in Full Listed Drivers INES ZAPATA Excluded Drivers (Any Person Listed Below Is An Excluded Driver) Vehicles and Coverage Limits 2017 HONDA ACCORD HYBRID, VIN: JHMCR6F37HCO21086 Garaging ZIP Code: 32822-3494, Primary Use of the Vehicle: Pleasure Loss Payee : VYSTAR CREDIT UNION, PO Box 45085 Jacksonville, FL 32232-5085 Coverages Limits Premium Bodily Injury Liability $100,000 each Person/$300,000 each Accident $427.00 Property Damage Liability $100,000 each Accident Uninsured Motorist $25,000 each Person/$50,000 each Accident $129.00 Non-Stacked Personal Injury Protection (PIP) $10,000 each Person/$1,000 Deductible for Named $198.00 Insured and Dependent Resident Relatives Wage Loss Option: No Wage Loss Exclusion Comprehensive Actual Cash Value less $1,000 Deductible $73.00 Collision Actual Cash Value less $1,000 Deductible $220.00 Rental $30 each Day/Maximum 30 Days $17.00 Roadside Assistance $75Towing and $75 for Non-Towing Services per $3.00 U-176 FL07/2020 Page 1 of 2 Occurrence/Maximum 3 Occurrences Total Premium for 2017 HONDA ACCORD HYBRID $1,067.00 Subtotal Policy Premium (All Vehicles) $1,067.00 Total 6 Month Policy Premium (All Vehicles) $1,067.00 Policy Contract and Endorsements Your insurance policy and any endorsement(s) contain a full explanation of your coverage. The policy contract is form U-10 FL MIDA Florida Auto Policy (06/2020). The contract is modified by endorsement(s): U-176 FL07/2020 Page 2 of 2 fh MERCURY INSURANCE FLORIDA AUTO POLICY U-10 FL 06/2020 PLEASE READ YOUR AUTO POLICY: It is part of a legal contract between the Named Insured and us. Its terms include a description of your coverage as well as definitions, duties, limits, exclusions and other clauses and conditions. If you: . have questions about your policy or coverage; . need to make changes; . want to get help with resolving a complaint; or . have any other issue(s); contact us at (800) 987-6000 or contact your agent. IN THE EVENT OF A MOTOR VEHICLE ACCIDENT: Contact us as soon as possible at (800) 503-3724, or contact your agent. Please read your policy for other important duties after any accident or loss. NOTICE: THIS POLICY LIMITS REIMBURSEMENT OF MEDICAL BENEFITS. TABLE OF CONTENTS Page Agreement Duties - What To Do In Case Of A Motor Vehicle Accident Or Loss Policy Definitions Policy Exclusion Part I - Liability To Others Coverage Insuring Agreement Additional Payments Additional Definitions Exclusions Limits of Liability Other Insurance Financial Responsibility Laws Out-of-State Coverage Part Il —- Personal Injury Protection (“PIP”) Insuring Agreement Additional Definitions Exclusions Limits of Liability Other Insurance Right to Reimbursement From Owner or Insurer of Commercial Motor Vehicle Claims Payment & Assignment of Benefits Premium Adjustment Legal Action Against Us Fraud Part Ill - Medical Payments Coverage Insuring Agreement Additional Definitions Exclusions Limits of Liability Other Insurance Legal Action Against Us Part IV - Damage To Your Auto Coverage Insuring Agreements Collision Coverage Comprehensive Coverage Other Additional & Optional Coverages Temporary Transportation Expenses Rental Coverage Roadside Assistance Limited Physical Damage Coverage - Mexico Loan-Lease Payoff Coverage (GAP) Replacement Cost Coverage Additional Definitions Exclusions Limits of Liability Settlement of Loss Other Insurance and Sources of Recovery No Benefit to Bailee Loss Payee/Lienholder Appraisal Part V— Uninsured Motorist Coverage Insuring Agreement Additional Definitions Exclusions Limits of Liability Other Insurance General Provisions Policy Period Policy Territory Policy Changes and Premium Policy Termination Cancellation & Premium Refund Policies That May Not Be Cancelled Nonrenewal Automatic Termination Proof of Notice Non-Divisibility of Policy Termination Our Right to Rescind the Policy Voiding for Fraud or Misrepresentation Voiding for Failure of Payment Our Right to Deny Coverage Due to Fraud Adjusting Claims Mediating Claims Our Rights to Recover (Subrogation) Legal Action Against Us Bankruptcy Interests Transfer of Interests Joint and Individual Interests Our Opportunity to Defend Compliance with State Laws Named Excluded Driver Physical Damage Only AGREEMENT This policy is a legal contract between the Policyholder and us. We agree to provide this insurance, subject to all terms of this policy, conditioned upon the following 1 The information you gave to us in your application is true and correct; and 2. The premium is paid when due. DUTIES - WHAT TO DO IN CASE OF A MOTOR VEHICLE ACCIDENT OR LOSS IMPORTANT: Failure to perform any of the duties listed below or comply with all policy terms may result ina claim or coverage being denied. In the event of an accident or loss: 1 REPORT IT TO US PROMPTLY. A person claiming coverage for an accident or loss should contact us directly at 1-800-503-3724. Every person insured under this policy must notify us within 24 hours or as soon as practicable of how, when, and where any accident or loss occurred involving that person or a motor vehicle to which any coverage under this policy may apply. When any accident or loss information becomes available to you or any person claiming coverage under this policy, and it is reasonably possible to do so, notice should be given to us. This information should include, but is not limited to: a Your name, address, telephone number and policy number; b. All facts and circumstances of the accident or loss, including location, date and time, police action and weather conditions; c. A description of property damage and any bodily injury sustained by anyone involved in the accident or loss; d Names and addresses of: (1) All persons involved or injured in the accident; and (2) Any witnesses; and e The license plate numbers and descriptions of vehicles involved. COOPERATE WITH US. Any person or party claiming any coverage under this policy must cooperate with us. This cooperation includes, but is not limited to: a. As to any claim or lawsuit: (1) Cooperate with and assist us in any matter, including in any investigation, settlement and defense. (2) Promptly give us any legal papers. (3) Attend depositions, hearings, arbitrations, mediations and trials as requested by us. b. As often as we reasonably request at a location selected by us: (1) Give us signed and recorded statements and statements under oath, and submit to examinations under oath by us or our representative. The scope of questioning during any examination under oath shall be all relevant information and information that could reasonably be expected to lead to relevant information. Compliance with this requirement is a condition precedent to receiving benefits under PIP. We may require that statements and examinations be done individually and outside the presence of witnesses or other persons seeking coverage or benefits. Though, a personal representative of the person claiming coverage may be present so long as that representative is not one who is seeking coverage or benefits. If a claimant assigns benefits to any entity, we may choose any representative of that entity to appear. (2) Submit to, at our expense, medical exams, including physical and/or mental exams, by physicians we select. If transportation costs are incurred to get to and from such an exam to be done per our request, we will reimburse: (a) Reasonable costs for transportation as shown by receipts; or (b) Mileage, if incurred, according to the standard mileage rate set by the Internal Revenue Service in effect on the day the transportation occurred. If an insured person refuses to submit to, or fails to appear at, two such examinations, it will raise a rebuttable presumption that the insured person’s refusal or failure was unreasonable, and we will not pay benefits under this policy, with respect to Part Il-Personal Injury Protection (PIP), Part IIl-Medical Payments, and Part V-Uninsured Motorist coverages only, to or for that insured person for any subsequently rendered treatment. c, Provide us with written authorization to obtain (1) Medical records and reports; (2) Employment and wage records; (3) Other records relevant to the facts of the auto accident or the bodily injuries or other damages caused by the auto accident, including: (a) Electronic records; (b) Business and financial records, sales agreements, rental documents; (c) Computer records; (d) Current and prior insurance claims records; and (e) Loss payee/lienholder records. When reasonably possible. . In the event of a loss, you agree that we may retrieve and use all data contained in an Event Data Recorder (EDR) or similar device. Provide any written proofs of loss we may reasonably require. Not to assume any obligation to other persons, or incur any expense, except at that person’s own expense. g Provide all information required by state or federal law. For claims under Part IV - Damage To Your Auto, you must also: a. Report any vandalism or theft to the police within 24 hours or as soon as practicable of discovering it. b. Take reasonable emergency steps after the accident or loss to protect property from any further loss. If emergency measures are required, you must: (1) Take those temporary measures that are necessary to protect the covered property from further damage; and (2) Permit us to inspect the property before permanent repairs are made. We will pay reasonable expenses incurred to do so. If you do not protect property from further loss, any further loss will not be covered. Give notice to us or your insurance agent within 72 hours after you discover the loss or damage, or within 72 hours after you knew or should have known of the loss or damage. In the event of an emergency circumstance preventing your notification to us or to your insurance agent as described above, you must: (1) Give us prompt notice; and (2) Provide supporting documentation explaining why you were unable to report your loss or damage to us or insurance agent within 72 hours. If in the event of an emergency circumstance, you or your representative notifies another party who provides claim support or expert claim advice regarding the loss or damage, you must provide notice to us or your insurance agent. Allow us to inspect, photograph and appraise the damaged property before its repair or disposal when reasonably possible. Keep an accurate record of repair expenses. Authorize us to move the damaged property to a storage facility of our choice at our expense. If you do not authorize us to move property, we have no duty to pay any storage costs that would have been avoided if the property had been moved to a storage facility of our choice. For any windshield claim you must: (1) Notify us of any windshield damage claim or loss before any work is commenced or repairs are completed by contacting us or your insurance agent; and (2) Allow us to inspect the damaged covered auto, provided that this condition for coverage is waived if: i we fail to inspect the covered auto within 48 hours after the loss is reported by you or the owner of the covered auto, or ii. the emergency repairs are necessary to minimize further damage or expenses so long as color photographs clearly showing the damaged area(s) are taken and provided to us along with itemized estimates of such repairs and payment receipts. Give us any forms that may be required to be provided to us by the Florida motor vehicle insurance inspection laws, as amended. Not doing so, or failure to have your auto inspected when and as required, may result in coverage denial or suspension. For claims under Part V - Uninsured Motorist Coverage, you must also notify the police within 24 hours and us within 30 days of the accident if a hit-and-run vehicle is involved. 5. Any person claiming any coverage under this policy must perform any other duty when and as required by this policy. POLICY DEFINITIONS When shown in bold type in this policy, the words and phrases listed below are defined as described in these Policy Definitions. These definitions will apply throughout the policy, whether the word or phrase is used in its singular, plural, possessive, active or passive form unless indicated to the contrary in the definition. As used in this policy: 1 “Accident” means an unexpected event that causes bodily injury or property damage and arises out of the ownership, maintenance or use of a motor vehicle. This definition does not apply under Part Il for PIP. 2 “Actual cash value” means the fair market value of the stolen or damaged property at the time of the accident or loss. Fair market value takes into account the following factors which may reduce value: a. The property's age, mileage and physical condition; and b. Depreciation and prior damage. “Additional acquired auto” means any auto you acquire, other than a replacement auto, when you become the owner, if: a. You ask us to insure that auto within 30 days after you became the owner; and b. You pay the premium required by us. An additional acquired auto will have the same coverage as the auto shown in the Declarations with the broadest coverage. If you ask us to add coverage or increase limits for that auto, any added coverage or increased limits will not apply until after we agree in writing to add the coverage or increase the limits. If you do not ask us to insure the auto within 30 days after you become the owner, no insurance applies to that auto until after you ask us to insure it and we agree in writing to insure that auto. “Application” means the form(s) from us or our agent used to collect data to decide a If we will insure you; b. The coverage we agree to provide under this policy; and c. The premium we charge you for this policy. The “Application” may include, but is not limited to any: a Supplemental Application from us; b. Named driver exclusion election; c. Forms we provide for coverage selection, coverage rejection or lower limit election; and d. Other written agreements, documents or forms we request or require from you. “Auto” means a motor vehicle with four or more wheels, of the private passenger type, with a gross vehicle weight rating by the manufacturer that does not exceed 10,000 pounds, that is: a Required to be registered by the state motor vehicle registration laws; and b. Designed for use on public streets and highways. “Auto” does not include any: Step-van or vans with cabs separate from the cargo area; Motorcycle, dirt bike or all-terrain vehicle (ATVs); Golf cart; Tractor; Farm machines; Vehicles operated on rails or crawler treads; or Vehicles while used: (1) As a residence or premises; or (2) For office, store or display purposes. “Auto business” means any business that sells, leases, rents, repairs, services, stores, parks, valets, washes, delivers, tests, road tests, tows or transports motor vehicles or trailers. “Bodily Injury” means bodily harm to a person, and any illness, sickness, disease or death resulting from that bodily harm. “Business” means a trade, profession, occupation, employment, job, or commercial activity of any kind. “Declarations” means the most recent document we have issued to the named insured that lists: a The motor vehicles insured under this policy; b. The licensed drivers you told us reside in your household and other drivers who you told us regularly operate listed motor vehicles; Cc. The types of coverage provided; The limits for each coverage you have selected; The deductibles; The premiums you must pay for each coverage you have selected; g The policy period; and h Other policy information. 10. “Del iver persons or property for compensation or a fee” means to transport or carry persons, or deliver wholesale or retail products, goods, materials or property, in exchange for any form of compensation or a fee. This includes, but is not limited to: a The pick-up or delivery of magazines, newspapers, products, pizza or other food by any person who receives money, income, salary, property or anything else of value in consideration for such pick-up or delivery; The transport of persons, products, goods, materials or property by any person who receives money, income, salary, property or anything else of value in consideration for such transport; and Any travel to or from a destination related to any of the activities described in this definition, whether or not any persons or products are in the motor vehicle at the time of the accident. 11 epreciation” means the decline in value of property due to its wear and tear or it being outdated. 12. ‘ailure to pay premium” means the nonpayment, when due, of any premium or other payment due. ‘ailure to pay premium” includes any payment that is made by a non-cash method, including but not limited to check, credit card, debit card, ACH (automated clearing house) or other electronic payment method that is returned to us unpaid, rejected, uncollectible or dishonored by a financial institution for any reason, including payments returned due to “insufficient funds” or “closed account.” 13. “Household” means the place where you reside and which is located at the address shown in the Declarations. When located at the address shown in the Declarations, your “household” includes a house, apartment, condominium, mobile home, house trailer, manufactured home, group of rooms, or a self- contained single room. 14. “Insured auto” means: a A motor vehicle shown in the Declarations. b. An additional acquired auto. c. A replacement auto. For part Il — Personal Injury Protection (PIP), an insured auto also means a motor vehicle owned by an insured for which security is required to maintained under the Florida No-Fault law and either a premium is charged, or it is a trailer other than mobile home or a motor home, designed for use with such vehicle. 15. “Loss” means sudden, direct and accidental physical damage to property, or theft of property 16. “Minimum limits’ means the minimum amounts of liability insurance required under the law of the state of Florida, that applies to the owner or operator of a private passenger auto, with a limit for bodily injury to one person in any one accident (the bodily injury “per person” limit), and with a limit for bodily injury to two or more persons in any one accident (the bodily injury “per accident” limit), and for property damage with a “per accident’ limit. 17. “Motor vehicle” means any self-propelled land motor vehicle required to be registered by the motor vehicle registration laws, and designed mainly for use on public streets and highways. This definition of “motor vehicle” does not apply under Part Il — PIP. 18. “Named insured” means the person(s) or policyholder shown in the Declarations. This definition of “named insured” does not apply under Part II — PIP. 19. “No-Fault Law’ means the Florida Motor Vehicle No-Fault Law, Sections 627.730 to 627.7405, Florida Statutes, as amended and in effect on the date of an accident. 20. “Non-owned auto” means an auto, if it is: a Used with the permission of the owner of the auto; b. Not owned by, registered to or available for regular or frequent use by you, a relative, any person who resides in your household or a person listed as a driver in the Declarations; c. Not owned by, leased to or rented to your employer or the employer of any person who resides in your household; and d Not rented by or in the possession of you, a relative, or an insured person for more than 90 consecutive days. However, “non-owned auto” does not include a temporary substitute. 21 “Occupying” means in, on, or engaged in the act of getting in, on, out or off of. 22. “Operating” means the acts of an operator of a motor vehicle. 23. “Operator” means the person sitting in the driver's seat, behind the steering controls of a motor vehicle and no other person. 24. . “Owned” means to: a Hold legal title to the motor vehicle; b. Have legal possession of the motor vehicle subject to a written conditional sales agreement; or c. Have legal possession of the motor vehicle under a lease agreement of more than three continuous months. 25. “Owner” means the person or entity who: a Holds legal title to the motor vehicle; b. Has legal possession of the motor vehicle subject to a written conditional sales agreement; or c. Has legal possession of the motor vehicle under a lease agreement of more than three continuous months. 26. “Personal vehicle sharing” means the use of private passenger motor vehicles in connection with a personal vehicle sharing program by persons or parties other than the vehicle's owner, you or a relative. 27. “Personal vehicle sharing program’ means a group or legal entity engaged in the business or activity of facilitating or promoting the sharing of private passenger vehicles for temporary noncommercial use by individuals within the state pursuant to a written agreement between the individual and the legal entity that sets forth the terms of use. 28. “Person” means a natural human being. “Person” does not include a business. 29. “PIP” means Personal Injury Protection as set forth in Part II of this policy, in accord with the No-Fault Law. 30. “Punitive damages’ means all damages intended or awarded to: a. Punish or deter wrongful, malicious or unlawful conduct by any insured person; b. Deter wrongful, malicious or unlawful conduct by a person, other than any insured person, or any entity; or Cc, Fine, penalize or impose a statutory penalty; other than damages intended to compensate for bodily injury or property damage (as defined in Part |) incurred. “Punitive damages’ include, but are not limited to, damages referred to under any law as punitive damages, exemplary damages, treble damages or statutory multiple damages, and costs, attorney fees, other fees or interest awarded because of such damages. 31 “Racing” means to a Prepare for or participate in any organized or unorganized race, speed contest, demolition, stunt, competition or timed contest or activity; b. Operate a motor vehicle on an indoor or outdoor track, course or trail designed or used at any time for: (1) A speed contest; (2) Demonstration driving; (3) High performance driving; (4) Driving competition; or (5) Off-road driving. 32. “Relative” means a person who a Resides in your household and is: (1) Related to you by blood, marriage or adoption; or (2) Your ward or foster child; or b. Is your unmarried and dependent child, ward or foster child who: (1) Temporarily lives elsewhere while away at school or in the armed forces; and (2) Are considered to reside with you provided they are not emancipated. If the named insured is a legal entity or organization, and is not a person, or a trust for a person, no one is a “relative” under this policy. 33. “Replacement auto” means any auto you acquire, when you become the owner, if: a It replaces a motor vehicle shown in the Declarations and you have transferred title and possession of the replaced motor vehicle to someone other than you; and b. You pay the premium required by us: However, no insurance will apply under Part IV —- Damage to Your Auto Coverage if you do not ask us to insure that auto within 30 days after you became the owner. The replacement auto shall have the same coverage as the auto it replaced. If you ask us to add coverage or increase limits for that auto, any added coverage or increased limits will not apply until after you ask us to add the coverage or increase the limits. If you do not ask us to insure the auto within 30 days after you become the owner, no insurance will apply under Part IV — Damage to Your Auto to that auto until after you ask us to insure it and we agree to provide this coverage for that auto. 34. “Reside’, “resides” and “residing” means to live at a place with the intent of continually staying there as that person's primary and legal domicile. 35. “Temporary substitute” means an auto used by you, a relative, or a person who has permission to use that auto from you or a relative, while it replaces an insured auto for a short time while the insured auto is out of use due to its a Breakdown; b. Repair; or c. Servicing; if the auto is: a Being used by you or a relative with the permission of the owner of the auto; b. In the lawful possession of you or a relative: and c. Neither you nor a relative are the owner of the auto or has registered the auto. If an auto is a temporary substitute as defined above, it may not be considered a non-owned auto. 36. “Trailer’ means a vehicle that meets all of the following requirements at the time of loss: a It is not being used for business or commercial purposes. b. It is being used with a motor vehicle to which this insurance applies. c. It is designed for use with an auto. d Itis not a home, office, store, display or passenger trailer. e. It is not used in the auto business. Atrailer may include a farm wagon or farm implement when towed by a private passenger auto, pickup, or van. Trailer is defined differently in PART IV-DAMAGE TO YOUR AUTO COVERAGE. 37. “Transportation network company” means an organization or entity, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, that provides prearranged rides for compensation using a digital network or other online-enabled or digital application, software, website, system or platform to connect with any person with a driver for hire. 38. “We,” “us” and “our” means the Company shown in the Declarations. 39. “You” and “your” means the: a Named insured(s); and b. If the named insured is a person, the named insured’s: (1) Spouse if residing in the named insured’s household; or (2) Domestic partner who: (a) Is registered pursuant to law under a registered domestic partner or civil union law; and (b) Resides in the named insured’s household. POLICY EXCLUSION No insurance or coverage of any kind applies under this policy for any accident, loss, bodily injury, property damage or other damage that occurs while any person (who is otherwise an insured person or seeking coverage under this policy) is or was: 1 Operating any vehicle; or 2. Using an insured auto; as a part of, related to, for or in connection with any type of or activity associated with a transportation network company, which includes all use of and activity with any such vehicle during the period of time from the moment a participating driver in a transportation network company logs on to the transportation network company’s digital network or other online-enabled application or platform, and at any time a driver is providing a prearranged tide in connection with a transportation network company, until that driver logs off the online-enabled application or platform or the passenger exits the vehicle, whichever is later. This exclusion applies without regard to any other policy term, exclusion, exception, definition or other policy provision. However, if we are required by law to provide any insurance under this policy, despite the exclusion for use related to a transportation network company or other similar use, as set forth above, the insurance provided by us shall be: 1 Limited to the minimum types of coverage and limits required by that law; and 2. Excess to: a All other insurance, contingent insurance, self-insurance, liability bonds, certification of financial responsibility, and/or protection provided pursuant to a financial responsibility filing; and b. The financial responsibility or insurance limits required by law to be maintained by a: 10 (1) Transportation network company, when applicable; (2) A person operating a motor vehicle in connection with a transportation network company activity, when applicable; or (3) The owner or operator of a motor vehicle that is not the insured auto. This exclusion does not include a taxicab, for-hire vehicle, or street hail service, and does not include ridesharing as defined in Section 341.031, Florida Statutes, carpool as defined Section 450.28, Florida Statutes, or any other type of service in which the driver receives a fee that does not exceed the driver's cost to provide the ride. You must disclose to us any participation at any time by you or a relative, as either a driver or vehicle owner, in any transportation network company, or other similar arrangement. Failure to do so may result in the nonrenewal of your policy. This duty does not apply to a share-the-expense car pool. 11 PART | - LIABILITY TO OTHERS COVERAGE Insuring Agreement We will pay compensatory damages, up to the limits of liability shown in the Declarations, for which an insured person is legally liable to others because of: 1 Bodily injury; or 2. Property damage; resulting from a motor vehicle accident. Damages include prejudgment interest on compensatory damages awarded against an insured person. When you buy coverage under Part I, we also will pay, in addition to our limit of liability, all costs we incur to defend insured persons in any lawsuits that assert claims that come within the coverage you bought from us. When the coverage you bought under this Part | applies, we will defend, with an attorney of our choice, any lawsuit brought against an insured person for bodily injury or property damage, or settle these claims, as we deem appropriate. Our duty to settle or defend ends when we pay our limit of liability for payment of a judgment or settlement. We have no duty to settle or defend any claim that is not covered by this policy. Additional Payments When the coverage you bought under Part I applies, in addition to our limit of liability we will pay for an insured person 4 All costs we incur in the settlement of any claim or defense of any lawsuit. 2 Interest accruing after the entry of judgment, for compensatory damages, on any lawsuit we defend to which this coverage applies. When we offer to pay that part of the judgment within our limit of liability for this coverage, our duty to pay post-judgment interest ends. We will not make any payment for this interest if we have not been given notice of suit or a chance to defend an insured person. Premiums on appeal bonds and attachment bonds required in any suit we defend. We have no duty to apply for or furnish bonds. We will not pay the premium for a bond that is more than our limit of liability Up to $100 incurred by an insured person for the cost of a bail bond required due to an accident covered by this policy or a traffic law violation from such accident. We have no duty to apply for or furnish such a bond. Upon request from an insured person, up to $50 per day for loss of earnings incurred by an insured person, but no other type of income, due to attendance at hearings or trials at our request. 6. Other reasonable expenses incurred at our written request that we have agreed in advance in writing to pay. Additional Definitions “When shown in bold type in Part |, the words and phrases listed below are defined as described here, below, in Part |. These definitions will apply in Part | whether used in its singular, plural or possessive form. 1 “Insured person” means: a. You for the: (1) Ownership; maintenance or use of an insured auto; (2) Use of a non-owned auto; (3) Use of a temporary substitute; and (4) Use of a trailer. A relative, for the use of an insured auto, temporary substitute, or a trailer. Any person shown as a “driver” in the Declarations, for the use of an insured auto, temporary substitute or a trailer. Any other person for the use of: (1) An insured auto; (2) Atemporary substitute; or (3) A trailer; If the use of the auto is with your express or implied permission A relative, for the use of a non-owned auto. Any other person or organization with respect only to legal liability for use of an insured auto or a temporary substitute by any person described above in this definition. 12 g. Any Additional Interest Insured shown in the Declarations, but only to the extent of liability of a person described in a, b or c above for use of the insured auto or a temporary substitute in which they have an interest. Coverage for an Additional Interest Insured does not increase our limit of liability. 2 “Property damage” means damage to or destruction of tangible property, including the loss of use of that property. Exclusions Part | - Liability To Others Coverage, and our duty to defend a lawsuit, does not apply to: 1 Bodily injury or property damage that arises out of the use of any vehicle or trailer: a As a public or livery conveyance; or b. To deliver persons or property for compensation or a fee. This exclusion does not apply to shared-expense car pools. Bodily injury or property damage: a. Caused intentionally by or at the direction of, or b. That is reasonably expected by; any insured person Bodily injury or property damage caused by any person using a motor vehicle without the expressed or implied permission of the owner or person having lawful possession. This exclusion does not apply to the ownership, maintenance or use of an insured auto by you or a relative. Bodily injury to an employee or co-worker of an insured person that arises out of or in the course of employment. This exclusion does not apply to bodily injury to a domestic employee of an insured person unless benefits are payable or are required to be provided under any workers’ compensation or other similar law. Bodily injury or property damage that arises out of the maintenance or use of a motor vehicle in connection with, or in the course of, any auto business. This exclusion does not apply to you, a relative or an employee or agent of you or a relative. Property damage to property: a Owned or transported by an insured person; b. Rented to or in the care of an insured person, other than a residence or private garage rented by you; or c. Used or occupied by an insured person, other than a residence or private garage rented by you. Bodily injury to you or a relative. Liability assumed by an insured person under any contract or agreement, except as required by and subject to Florida Statutes § 627.7263, as amended, as to a motor vehicle rental or leasing contract. Bodily injury or property damage that arises out of the ownership or use of a vehicle for racing. This exclusion does not apply to: a An insured person who is innocent of participation in racing; or b. Your liability arising out of the ownership of an insured auto when the insured auto is used by person without your permission. 10. Bodily injury or property damage that arises out of, or is due to: a. The ownership or use of a vehicle for transporting any explosive substance, toxic material, flammable substance, or similarly hazardous material other than household cleaning products for personal use, or lawn mower or similar yard maintenance