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Filing # 180339910 E-Filed 08/23/2023 01:33:03 PM
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
FRANK DONNELLY,
CASE NO.: 23003257CA
Plaintiff,
Vv.
TYPTAP INSURANCE COMPANY,
Defendant,
COMPLAINT
Plaintiff, FRANK DONNELLY (the “Insured”), hereby sues Defendant, TYPTAP
INSURANCE COMPANY (the “Insurance Company”), and alleges as follows:
PARTIES, JURISDICTION AND VENUE
1 This is an action for damages that exceeds Fifty Thousand and 00/100 Dollars
($50,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a
Declaratory Judgment Action.
2. The Insured is an individual who at all times material hereto has resided in
Charlotte County, Florida.
3 The Insurance Company is a Florida corporation qualified to do business in Florida
and has, at all times material hereto, been conducting business in Charlotte County, Florida.
4 Venue is proper in Charlotte County, Florida because the contract, which forms the
subject matter of this lawsuit, was executed in Charlotte County, Florida.
5 All conditions precedent to the filing of this lawsuit have occurred, have been
waived or have been performed.
GENERAL ALLEGATIONS
6. At all times material hereto, in consideration of a premium paid by the Insured,
there was in full force and effect a certain homeowners insurance policy issued by the Insurance
Company with a policy number of 12-1067529-01 (the “Policy”). A true and correct copy of
policy is attached hereto as Exhibit “A”.
7. The damaged property is located at 2729 Chapman Blvd, Punta Gorda, Florida 33950
(the “Property”).
Pursuant to the terms of the Policy, the Insurance Company agreed to provide
insurance coverage to the Insured’s Property for all risks unless specifically excluded
by the terms of the Policy.
On or about September 28, 2022, while the Policy was in full force and effect, the
Property sustained a covered loss as a result of Hurricane Ian (the “Loss”).
10. The Insurance Company assigned claim number 12-3008090-22 to the Loss.
11 The Insurance Company acknowledged that the Property sustained a covered Loss and
offered payment.
12 However, after diligent inspection of the Loss, it was obvious that the Property
sustained covered damages greater than the damages acknowledged by the Insurance
Company.
13 As of the date of the filing of this lawsuit, the Insurance Company has failed to
acknowledge that additional payment would be forthcoming and it has failed to
adequately provide coverage under the terms of the Policy. Asa result of the foregoing,
the Insurance Company has breached the Policy.
14. The Insured has suffered and continues to suffer damages resulting from Insurance
Company’s breach of the Policy.
15 The Insured has been obligated to retain the undersigned attorneys for the prosecution
of this action and is entitled to a reasonable attorney’s fee pursuant to Florida Statute
Sections 627.428 and/or 626.9373.
COUNTI
BREACH OF CONTRACT
16. The Insured reincorporates paragraphs | through 15 as if fully set forth herein.
17 It is undisputed that the Insured and the Insurance Company entered into a written
contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance
Company agreed to insure the Insured’s Property.
18 The Insured has paid all premiums due and owing as contemplated by the Policy; thus,
fully performing obligations under the Policy.
19 The Insured’s Property sustained damage which the Insurance Company agreed to
provide coverage for under the terms of the Policy.
20. The Insurance Company has failed to: (i) provide coverage for the Loss under the
terms of the Policy; and/or (ii) acknowledge that additional payment would be
forthcoming; and/or (iii) make adequate payment of insurance proceeds to the Insured.
As a result of the foregoing, the Insurance Company has breached the Policy.
21 Asa direct and proximate result of the Insurance Company’s breach of the Policy, the
Insured has sustained damages.
WHEREFORE, the Insured respectfully requests that this Court enters judgment against
the Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees
pursuant to Sections 627.428 and/or 626.9373.
JURY TRIAL DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable.
Dated this 23" day of August 2023.
Respectfully Submitted by,
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive Sth Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email: YIA4@Y ourinsuranceattorney.com
Secondary Email: Eservice@Y ourinsuranceattorney.com
By: /s/ Mariela Cano
Mariela Cano, Esq.
Florida Bar No. 1015817
% TypTap EXHIBIT "A" For policy questions, contact your Agent: (561) 994-9333
For Claims please call: (844) 289-7968
¢ 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: 12-1067529-01
Mailing Address:
Frank Donnelly 2729 CHAPMAN BLVD
2729 CHAPMAN BLVD PUNTA GORDA, FL 33950 New Business
PUNTA GORDA, FL 33950
Policy Effective Date: November 25, 2021 12:01 AM EST
Policy Expiration Date: November 25, 2022 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 | $1,715 TTIC HO3J 04 20
TTIC OC HOS 04 17
A. Dwelling $163,000 Included OIR-B1-1670 (1-1-06)
B. Other Structures $3,260 Included TTIC HOS 04 20
C. Personal Property $40,750 Included OIR-B1-1655 (Rev. 02/10)
D. Loss of Use $16,300 Included TTIC HO 04 96 04 20
TTIC SLC (S/R) 11 19
Section Il $63 TTIC HO DO 04 20
E. Personal Liability $300,000 Included TTIC HO OL 04 20
TTIC HO 03 51 04 20
F. Medical Payments $2,000 Included
Endorsement Premium Total (See Details, P.2) $0 Rating Information:
Credits and Charges: Territory: 711-0
Building Code Effectivness Grading Adjustment BCEG: 99
Windstorm Mitigation Credit No.
Fire Alarm:
Burglar Alarm: No
Sprinkler: No.
Construction: MASONRY
Underwriting Surcharges (See Details, P.2) Year Built: 1971
Total Annual Policy Premium $1,778 Protection Class: 1-6
Policy Fees (See Details, P.2) $27 Wind Mitigation Factor: 0
Endorsement Fees (See Details, P.2) Deductible Section I In case of a loss, we only cover that part
of the loss over the deductible stated
Total Policy Charges $1,805 unless otherwise stated in the policy:
No Sinkhole Coverage
Premium Change Due to Rate Change $1,000 All Other Perils Deductible
Premium Change Due to Coverage Change
Fee Change from Prior Term 2% ($3,260) Hurricane Deductible
The Hurricane portion of the Premium is: $1,005 The Non-Hurricane portion of the Premium is: $773
A rate adjustment of $9 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: JASON P SULLIVAN Other: Bill to: Policyholder
FOUNDATION INSURANCE OF
FLORIDA LLC
6413 CONGRESS AVE
SUITE 250
BOCA RATON, FL 33487
Phone: (561) 994-9333
Ag oom
Authorized Countersignature: September 28, 2021 10:40 AM EDT
TTIC HO3 DEC 04 20 Page 1 of 2
Policy Number: 12-1067529-01
Endorsement Premium Details: Limit of Liability Annual Premium
Ordinance or Law Coverage 25% of Coverage A Included
Fungi, Wet or Dry Rot Section | - Property Coverage $10,000 $0
Fungi, Wet or Dry Rot Section I - Liability Coverage $50,000 $0
Endorsement Premium Total $0
Underwriting Surcharges Details:
Age of Home Adjustment
Underwriting Surcharges Total
Policy Fee Details:
Managing General Agency Fee $25
Emergency Management Preparedness and Assistance Trust Fund Surcharge $2
Amount $27
Recent Changes and Endorsements: Date Effective Premium Change
Endorsement Total
NOTICES
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES,
WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU.
LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU
MAY WISH TO PURCHASE.YOU MAY ALSO NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD INSURANCE
PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE UNCOVERED LOSSES.
PLEASE DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT.
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT
RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY
DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL
COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.
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 - In 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 - If 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 — If 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 II - 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 - If 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: $163,000 Loss Settlement Basis: Replacement Cost
Other Structures Coverage (Detached from Dwelling)
Limit of Insurance: $3,260 Loss Settlement Basis: Replacement Cost
Personal Property Coverage
Limit of Insurance: $40,750 Loss Settlement Basis: Actual Cash Value
Deductibles
Annual Hurricane: 2% All Perils (Other Than Hurricane): $1,000
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)
Y Fire or Lightning
Y Hurricane
N Flood (Including storm surge)
Y Windstorm or Hail (other than hurricane)
Y Explosion
Y 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
N Sinkhole
Y Any Other Peril Not Specifically Excluded (dwelling and other structures only)
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Loss of Use Coverage
Coverage Limit of Insurance Time Limit
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
y {Additional Living Expense $16,300 See Policy
y |Fair Rental Value $16,300 See Policy
y {Civil Authority Prohibits Use $16,300 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
Fire Alarm / Smoke Alarm / Burglar Alarm
Sprinkler
Windstorm Loss Reduction
uilding Code Effectiveness Grading Schedule
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) Included Additional
Y |Claim Expenses See Policy Y
Y |First Aid Expenses See Policy Y
Y |Damage to Property of Others $1,000 Y
Y |Loss Assessment $1,000 Y
Insurer May Insert Any Other Liability Coverage Below
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance
INOT included)
OIR-B1-1670 (1-1-06) 3 of 3
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TypTap Insurance Company Homeowners 3
AGREEMENT.
DEFINITIONS
SECTION 1- PROPERTY COVERAGES..
. Coverage A — Dwelling...
Coverage B — Other Structures.
Coverage C — Personal Propert:
1 Covered Property. ...........
2. Limit for Property at Other Locations.
3. Special Limits of Liability.
4. Property Not Covered
D Coverage D — Loss of Use.
E. Additional Coverages...
SECTION | - PERILS INSURED AGAINST 13
A. Coverage A — Dwelling and Coverage B — Other Structures. 13
B. CoverageC — Personal Propert 15
SECTION I - EXCLUSIONS 17
Ordinance or Law. 17
Earth Movement. 17
Water. 17
Power Failure. 18
Neglect 18
War. 18
Nuclear Hazard 18
Intentional Loss. 18
Governmental Action 18
10. "Fungi", Wet or Dry Rot, or Bacter' 18
11. Criminal or Illegal Act ity. 18
SECTION I - CONDITIONS 19
Insurable Interest and Limit o1 iability. 19
Deductible 19
Duties After Los: 19
Loss Settlement. 20
Loss to a Pair or Set. 21
Mediation or Appraisal 21
Other Insurance and Service Agreement. 21
Suit Against Us. 22
Our Option. 22
Loss Payment. ............ 22
Abandonment of Propert 22
Mortgage Clause. 22
No Benefit to Bailee. 22
Nuclear Hazard Clause. 22
Recovered Property. 22
Volcanic Eruption Perio: 23
Policy Period. 23
Concealment or Fraud. 23
Loss Payable Clause. . 23
SECTION II - LIABILITY COVERAGES 23
A. Coverage E — Personal Liability. 23
B. Coverage F — Medical Payments to Others. 23
SECTION Il - EXCLUSIONS 23
"Motor Vehicle Liability’ 23
‘Watercraft Liability’ 24
“Aircraft Liability" 25
"Hovercraft Liability’ 25
Coverage E — Personal Liability and Coverage F — Medical Payments to Others 25
TTIC HO3 04 20 Page 1 of 33
TypTap Insurance Company Homeowners 3
F. Coverage E — Personal Liability. 26
G. Coverage F —- Medical Payments to Others. 27
SECTION Il —- ADDITIONAL COVERAGES 27
A. Claim Expenses. 27
B. First Aid Expenses. 27
C. Damage to Property of Other: 27
D. Loss Assessment... 28
SECTION Il - CONDITIONS 28
Limit of Liability. ........ 28
Severability of Insurance. 29
Duties After "Occurrence' 29
Duties of an Injured Person — Coverage F — Medical Payments to Others. 29
Payment of Claim — Coverage F — Medical Payments to Others. 29
Suit Against Us. 29
Bankruptcy of an "Insured". 29
Other Insurance. 29
Policy Period. .... 30
J Concealment or Fraud. 30
SECTIONS | AND Il - CONDITIONS. 30
Liberalization Clause. 30
Waiver or Change of Policy Provision 30
Cancellation, 30
Nonrenewal 32
Assignment. 33
Subrogation 33
Death. 33
Renewal Notification. 33
Notification Regarding Acces: 33
Page 2 of 33 TTIC HO3 04 20
TypTap Insurance Company Homeowners 3
HOMEOWNERS 3 — SPECIAL FORM
AGREEMENT
This policy is issued on behalf of TypTap Insurance Company. By acceptance of this policy you agree:
1 The statements in the Application(s) are your representations;
2. This policy is issued in reliance upon the truth of those representations;
3. This policy embodies all agreements existing between you and TypTap Insurance Company relating to
this policy.
We will provide the insurance described in this policy in return for the premium and compliance with all applicable
provisions of this policy.
DEFINITIONS
A In this policy, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a
resident of the same household. "We", "us" and "our" refer to the Company providing this insurance.
B In addition, certain words and phrases are defined as follows:
1 “Aircraft Liability", "Hovercraft Liability", "Motor Vehicle Liability" and "Watercraft Liability", subject to the
provisions in b. below, mean the following:
a. Liability for "bodily injury" or "property damage" arising out of the:
(1) Ownership of such vehicle or craft by an "insured";
(2) Maintenance, occupancy, operation, use, loading or unloading of such vehicle or craft by any
person;
(3) Entrustment of such vehicle or craft by an "insured" to any person;
(4) Failure to supervise or negligent supervision of any person involving such vehicle or craft by an
"insured"; or
(5) Vicarious liability, whether or not imposed by law, for the actions of a child or minor involving such
vehicle or craft.
For the purpose of this definition:
(1) Aircraft means any contrivance used or designed for flight, including drones. Aircraft does not
mean model or hobby aircraft not used or designed to carry people or cargo;
(2) Hovercraft means a self-propelled motorized ground effect vehicle and includes, but is not limited
to, flarecraft and air cushion vehicles;
(3) Watercraft means a craft principally designed to be propelled on or in water by wind, engine
power or electric motor; and
(4) Motor vehicle means a "motor vehicle" as defined in 10. below.
"Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and
death that results.
"Business" means:
a. A trade, pr
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Filing # 180339910 E-Filed 08/23/2023 01:33:03 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA FRANK DONNELLY, CASE NO.: 23003257CA Plaintiff, Vv. TYPTAP INSURANCE COMPANY, Defendant, COMPLAINT Plaintiff, FRANK DONNELLY (the “Insured”), hereby sues Defendant, TYPTAP INSURANCE COMPANY (the “Insurance Company”), and alleges as follows: PARTIES, JURISDICTION AND VENUE 1 This is an action for damages that exceeds Fifty Thousand and 00/100 Dollars ($50,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a Declaratory Judgment Action. 2. The Insured is an individual who at all times material hereto has resided in Charlotte County, Florida. 3 The Insurance Company is a Florida corporation qualified to do business in Florida and has, at all times material hereto, been conducting business in Charlotte County, Florida. 4 Venue is proper in Charlotte County, Florida because the contract, which forms the subject matter of this lawsuit, was executed in Charlotte County, Florida. 5 All conditions precedent to the filing of this lawsuit have occurred, have been waived or have been performed. GENERAL ALLEGATIONS 6. At all times material hereto, in consideration of a premium paid by the Insured, there was in full force and effect a certain homeowners insurance policy issued by the Insurance Company with a policy number of 12-1067529-01 (the “Policy”). A true and correct copy of policy is attached hereto as Exhibit “A”. 7. The damaged property is located at 2729 Chapman Blvd, Punta Gorda, Florida 33950 (the “Property”). Pursuant to the terms of the Policy, the Insurance Company agreed to provide insurance coverage to the Insured’s Property for all risks unless specifically excluded by the terms of the Policy. On or about September 28, 2022, while the Policy was in full force and effect, the Property sustained a covered loss as a result of Hurricane Ian (the “Loss”). 10. The Insurance Company assigned claim number 12-3008090-22 to the Loss. 11 The Insurance Company acknowledged that the Property sustained a covered Loss and offered payment. 12 However, after diligent inspection of the Loss, it was obvious that the Property sustained covered damages greater than the damages acknowledged by the Insurance Company. 13 As of the date of the filing of this lawsuit, the Insurance Company has failed to acknowledge that additional payment would be forthcoming and it has failed to adequately provide coverage under the terms of the Policy. Asa result of the foregoing, the Insurance Company has breached the Policy. 14. The Insured has suffered and continues to suffer damages resulting from Insurance Company’s breach of the Policy. 15 The Insured has been obligated to retain the undersigned attorneys for the prosecution of this action and is entitled to a reasonable attorney’s fee pursuant to Florida Statute Sections 627.428 and/or 626.9373. COUNTI BREACH OF CONTRACT 16. The Insured reincorporates paragraphs | through 15 as if fully set forth herein. 17 It is undisputed that the Insured and the Insurance Company entered into a written contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company agreed to insure the Insured’s Property. 18 The Insured has paid all premiums due and owing as contemplated by the Policy; thus, fully performing obligations under the Policy. 19 The Insured’s Property sustained damage which the Insurance Company agreed to provide coverage for under the terms of the Policy. 20. The Insurance Company has failed to: (i) provide coverage for the Loss under the terms of the Policy; and/or (ii) acknowledge that additional payment would be forthcoming; and/or (iii) make adequate payment of insurance proceeds to the Insured. As a result of the foregoing, the Insurance Company has breached the Policy. 21 Asa direct and proximate result of the Insurance Company’s breach of the Policy, the Insured has sustained damages. WHEREFORE, the Insured respectfully requests that this Court enters judgment against the Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant to Sections 627.428 and/or 626.9373. JURY TRIAL DEMAND Plaintiff hereby demands a trial by jury on all issues so triable. Dated this 23" day of August 2023. Respectfully Submitted by, Your Insurance Attorney, PLLC. 2601 South Bayshore Drive Sth Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email: YIA4@Y ourinsuranceattorney.com Secondary Email: Eservice@Y ourinsuranceattorney.com By: /s/ Mariela Cano Mariela Cano, Esq. Florida Bar No. 1015817 % TypTap EXHIBIT "A" For policy questions, contact your Agent: (561) 994-9333 For Claims please call: (844) 289-7968 ¢ 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: 12-1067529-01 Mailing Address: Frank Donnelly 2729 CHAPMAN BLVD 2729 CHAPMAN BLVD PUNTA GORDA, FL 33950 New Business PUNTA GORDA, FL 33950 Policy Effective Date: November 25, 2021 12:01 AM EST Policy Expiration Date: November 25, 2022 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 | $1,715 TTIC HO3J 04 20 TTIC OC HOS 04 17 A. Dwelling $163,000 Included OIR-B1-1670 (1-1-06) B. Other Structures $3,260 Included TTIC HOS 04 20 C. Personal Property $40,750 Included OIR-B1-1655 (Rev. 02/10) D. Loss of Use $16,300 Included TTIC HO 04 96 04 20 TTIC SLC (S/R) 11 19 Section Il $63 TTIC HO DO 04 20 E. Personal Liability $300,000 Included TTIC HO OL 04 20 TTIC HO 03 51 04 20 F. Medical Payments $2,000 Included Endorsement Premium Total (See Details, P.2) $0 Rating Information: Credits and Charges: Territory: 711-0 Building Code Effectivness Grading Adjustment BCEG: 99 Windstorm Mitigation Credit No. Fire Alarm: Burglar Alarm: No Sprinkler: No. Construction: MASONRY Underwriting Surcharges (See Details, P.2) Year Built: 1971 Total Annual Policy Premium $1,778 Protection Class: 1-6 Policy Fees (See Details, P.2) $27 Wind Mitigation Factor: 0 Endorsement Fees (See Details, P.2) Deductible Section I In case of a loss, we only cover that part of the loss over the deductible stated Total Policy Charges $1,805 unless otherwise stated in the policy: No Sinkhole Coverage Premium Change Due to Rate Change $1,000 All Other Perils Deductible Premium Change Due to Coverage Change Fee Change from Prior Term 2% ($3,260) Hurricane Deductible The Hurricane portion of the Premium is: $1,005 The Non-Hurricane portion of the Premium is: $773 A rate adjustment of $9 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: JASON P SULLIVAN Other: Bill to: Policyholder FOUNDATION INSURANCE OF FLORIDA LLC 6413 CONGRESS AVE SUITE 250 BOCA RATON, FL 33487 Phone: (561) 994-9333 Ag oom Authorized Countersignature: September 28, 2021 10:40 AM EDT TTIC HO3 DEC 04 20 Page 1 of 2 Policy Number: 12-1067529-01 Endorsement Premium Details: Limit of Liability Annual Premium Ordinance or Law Coverage 25% of Coverage A Included Fungi, Wet or Dry Rot Section | - Property Coverage $10,000 $0 Fungi, Wet or Dry Rot Section I - Liability Coverage $50,000 $0 Endorsement Premium Total $0 Underwriting Surcharges Details: Age of Home Adjustment Underwriting Surcharges Total Policy Fee Details: Managing General Agency Fee $25 Emergency Management Preparedness and Assistance Trust Fund Surcharge $2 Amount $27 Recent Changes and Endorsements: Date Effective Premium Change Endorsement Total NOTICES THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE.YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT. YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. 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 - In 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 - If 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 — If 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 II - 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 - If 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: $163,000 Loss Settlement Basis: Replacement Cost Other Structures Coverage (Detached from Dwelling) Limit of Insurance: $3,260 Loss Settlement Basis: Replacement Cost Personal Property Coverage Limit of Insurance: $40,750 Loss Settlement Basis: Actual Cash Value Deductibles Annual Hurricane: 2% All Perils (Other Than Hurricane): $1,000 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) Y Fire or Lightning Y Hurricane N Flood (Including storm surge) Y Windstorm or Hail (other than hurricane) Y Explosion Y 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 N Sinkhole Y Any Other Peril Not Specifically Excluded (dwelling and other structures only) Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. Loss of Use Coverage Coverage Limit of Insurance Time Limit (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) y {Additional Living Expense $16,300 See Policy y |Fair Rental Value $16,300 See Policy y {Civil Authority Prohibits Use $16,300 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 Fire Alarm / Smoke Alarm / Burglar Alarm Sprinkler Windstorm Loss Reduction uilding Code Effectiveness Grading Schedule 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) Included Additional Y |Claim Expenses See Policy Y Y |First Aid Expenses See Policy Y Y |Damage to Property of Others $1,000 Y Y |Loss Assessment $1,000 Y Insurer May Insert Any Other Liability Coverage Below (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance INOT included) OIR-B1-1670 (1-1-06) 3 of 3 This page intentionally left blank TypTap Insurance Company Homeowners 3 AGREEMENT. DEFINITIONS SECTION 1- PROPERTY COVERAGES.. . Coverage A — Dwelling... Coverage B — Other Structures. Coverage C — Personal Propert: 1 Covered Property. ........... 2. Limit for Property at Other Locations. 3. Special Limits of Liability. 4. Property Not Covered D Coverage D — Loss of Use. E. Additional Coverages... SECTION | - PERILS INSURED AGAINST 13 A. Coverage A — Dwelling and Coverage B — Other Structures. 13 B. CoverageC — Personal Propert 15 SECTION I - EXCLUSIONS 17 Ordinance or Law. 17 Earth Movement. 17 Water. 17 Power Failure. 18 Neglect 18 War. 18 Nuclear Hazard 18 Intentional Loss. 18 Governmental Action 18 10. "Fungi", Wet or Dry Rot, or Bacter' 18 11. Criminal or Illegal Act ity. 18 SECTION I - CONDITIONS 19 Insurable Interest and Limit o1 iability. 19 Deductible 19 Duties After Los: 19 Loss Settlement. 20 Loss to a Pair or Set. 21 Mediation or Appraisal 21 Other Insurance and Service Agreement. 21 Suit Against Us. 22 Our Option. 22 Loss Payment. ............ 22 Abandonment of Propert 22 Mortgage Clause. 22 No Benefit to Bailee. 22 Nuclear Hazard Clause. 22 Recovered Property. 22 Volcanic Eruption Perio: 23 Policy Period. 23 Concealment or Fraud. 23 Loss Payable Clause. . 23 SECTION II - LIABILITY COVERAGES 23 A. Coverage E — Personal Liability. 23 B. Coverage F — Medical Payments to Others. 23 SECTION Il - EXCLUSIONS 23 "Motor Vehicle Liability’ 23 ‘Watercraft Liability’ 24 “Aircraft Liability" 25 "Hovercraft Liability’ 25 Coverage E — Personal Liability and Coverage F — Medical Payments to Others 25 TTIC HO3 04 20 Page 1 of 33 TypTap Insurance Company Homeowners 3 F. Coverage E — Personal Liability. 26 G. Coverage F —- Medical Payments to Others. 27 SECTION Il —- ADDITIONAL COVERAGES 27 A. Claim Expenses. 27 B. First Aid Expenses. 27 C. Damage to Property of Other: 27 D. Loss Assessment... 28 SECTION Il - CONDITIONS 28 Limit of Liability. ........ 28 Severability of Insurance. 29 Duties After "Occurrence' 29 Duties of an Injured Person — Coverage F — Medical Payments to Others. 29 Payment of Claim — Coverage F — Medical Payments to Others. 29 Suit Against Us. 29 Bankruptcy of an "Insured". 29 Other Insurance. 29 Policy Period. .... 30 J Concealment or Fraud. 30 SECTIONS | AND Il - CONDITIONS. 30 Liberalization Clause. 30 Waiver or Change of Policy Provision 30 Cancellation, 30 Nonrenewal 32 Assignment. 33 Subrogation 33 Death. 33 Renewal Notification. 33 Notification Regarding Acces: 33 Page 2 of 33 TTIC HO3 04 20 TypTap Insurance Company Homeowners 3 HOMEOWNERS 3 — SPECIAL FORM AGREEMENT This policy is issued on behalf of TypTap Insurance Company. By acceptance of this policy you agree: 1 The statements in the Application(s) are your representations; 2. This policy is issued in reliance upon the truth of those representations; 3. This policy embodies all agreements existing between you and TypTap Insurance Company relating to this policy. We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS A In this policy, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident of the same household. "We", "us" and "our" refer to the Company providing this insurance. B In addition, certain words and phrases are defined as follows: 1 “Aircraft Liability", "Hovercraft Liability", "Motor Vehicle Liability" and "Watercraft Liability", subject to the provisions in b. below, mean the following: a. Liability for "bodily injury" or "property damage" arising out of the: (1) Ownership of such vehicle or craft by an "insured"; (2) Maintenance, occupancy, operation, use, loading or unloading of such vehicle or craft by any person; (3) Entrustment of such vehicle or craft by an "insured" to any person; (4) Failure to supervise or negligent supervision of any person involving such vehicle or craft by an "insured"; or (5) Vicarious liability, whether or not imposed by law, for the actions of a child or minor involving such vehicle or craft. For the purpose of this definition: (1) Aircraft means any contrivance used or designed for flight, including drones. Aircraft does not mean model or hobby aircraft not used or designed to carry people or cargo; (2) Hovercraft means a self-propelled motorized ground effect vehicle and includes, but is not limited to, flarecraft and air cushion vehicles; (3) Watercraft means a craft principally designed to be propelled on or in water by wind, engine power or electric motor; and (4) Motor vehicle means a "motor vehicle" as defined in 10. below. "Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death that results. "Business" means: a. A trade, pr