Legal Document: RESTORATION FIRST SERVICE CORP A/A/O IRENE BATHEN vs. SECURITY FIRST INSURANCE COMPANY DBA SECURITY FIRS

On July 21, 2022 a was filed involving a dispute between Restoration First Service Corp A A O Irene Bathen, and Security First Insurance Company Dba Security Firs, for SMALL CLAIMS in the District Court of Osceola County.

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Filing # 155986635 E-Filed 08/24/2022 09:34:55 AM

IN THE SMALL CLAIMS COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA

RESTORATION FIRST SERVICE CORP. Case No.: 2022-SC-003629 SP
a/a/o IRENE BATHEN,

Plaintiff,

vs,

SECURITY FIRST INSURANCE COMPANY
d/b/a SECURITY FIRST FLORIDA,

Defendant.
/

MOTION TO DISMISS

COMES NOW, the Defendant, SECURITY FIRST INSURANCE COMPANY, by and

through the undersigned counsel, pursuant to Fla. Stat. §§627.70152(3)(a) and (5) and hereby

moves to dismiss the Complaint, and in support thereof, states as follows:

I. THE COMPLAINT MUST BE DISMISSED: FLA. STAT§627.70152(3)(a).

A. Timeline and Facts.

1. On August 5, 2022, the Plaintiffs served the instant cause of action against

the Defendant, alleging Breach of Contract. See Service of Process and

Complaint, Composite Exhibit “A”.

2. Therein, Plaintiff alleges a breach of contract involving a policy of

homeowner’s insurance with the Defendant for real property located at 5236

Broken Arrow Drive, Kissimmee, FL 34746. The Complaint alleges loss/damage

to the subject property on January 26, 2022, alleging: |

Restoration First Services Corp a/a/o Bathen, I. v. Security First Insurance Company
Case No: 2022-SC-003629 SP
Motion to Dismiss
Page 1 of 7
“8, On or about January 26, 2022, while the Policy was in full force
and effect, the Property sustained a covered loss wind, wind-driven rain,
or hail (Loss).”” Exhibit “A”, Complaint, paragraph 8.

4. Plaintiffs never filed a Notice of Intent to Intent to Initiate Litigation with

the Florida Department of Financial Services. Plaintiff has not complied with Fla.

Stat. §627.70152(3)(a) and (5). Plaintiff has filed a Notice of Intent to Initiate

Litigation against the Defendant under Notice Number 37927. Said notice does

not mention, reference either the Assignee/Plaintiff, as pled herein, nor does the

attachment indicate repairs for the same damages or amounts. In fact, Notice

Number 37927 alleges an Estimate of Damages at $24,010.00. This amount is

well in excess of this Court’s jurisdiction limit in small claims.

ay The Complaint was filed electronically on July 21, 2022. There is no

evidence of compliance by the Plaintiffs with Fla. Stat. §627.70152(3)(a).'

Moreover, the Defendant does hereby by respectfully request that the Court take

judicial notice of the State of Florida online system for filing Notice of Intent to

Litigate. Fla. Stat.§90.201, 203.

6. Therefore, the Court is obligated to take judicial notice of the lack of

compliance by the Plaintiffs with the online system for filing Notice of Intent.’

1 Defendant asks this Court to take judicial notice of the lack of pre-suit statutory notice filing under the state public
website. The Court can readily verify that no pre-suit notice was filed under either of the Plaintiffs’ names against
this Defendant. https: piitilmyfloridacfo:gov. Fla. Stat. §90.201, 203.

2 Fla. Stat. § 90.203 n “Compulsory judicial notice upon request—A court shall take judicial notice of any matter in
s. 90.202 when a party requests it and:

(1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to
enable the adverse party to prepare to meet the request.

(2) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.

Restoration First Services Corp a/a/o Bathen, I. v. Security First Insurance Company
Case No: 2022-SC-003629 SP
Motion to Dismiss
Page 2 of 7
“Tf a judge takes judicial notice, it must be made a part of the record.” Jn re

Adoption of Freeman, 90 So. 2d 109 (Fla. 1956).

7. The Defendant has not waived Plaintiffs’ duty to comply with the notice

requirements of Fla. Stat. §627.70152(3)(a) nor any rules of civil procedure.

B. Legal Standard: Motion to Dismiss

8. A Motion to Dismiss is designed to test the legal sufficiency of the

Complaint to state a cause of action, not to determine the factual issues. The

Florida Bar v. Greene, 926 So.2d 1195, 1199 (Fla. 2006). When deciding a

motion to dismiss, the court assumes all facts alleged in the complaint to be true

and decides the motion only on questions of law. Swope v. Krischer, 783 So. 2d

1164, 1166 (Fla. 4th DCA 2001).

9. In ruling on a Motion to Dismiss, the trial Court must confine itself strictly

within the allegations of the four corners of the Complaint. Kest v. Nathanson,

216 So. 2d 233, 235 (Fla. 4th DCA 1968); Pizzi v. Central Bank and Trust Co.,

250 So. 2d 895, 897 (Fla. 1971).

10. “Accordingly, a motion to dismiss should be granted when it is

conclusively established that a party asserting a claim can prove no set of facts |
whatsoever in support of the claim.” Almarante v. Art Inst. ofFlorida, Inc., 921

So.2d 703, 705 (Fla. Sth DCA 2006).

11. The trial Court, in reviewing a Motion to Dismiss, is not permitted to

speculate as to what the true facts may be or what facts may be ultimately proven
in the trial of the cause of action. Lopez-In/ante v. Union Cent. Life Ins. Co; 809

So. 2d 13, 15 (Fla. 3d DCA 2002).

Restoration First Services Corp a/a/o Bathen, I. v. Security First Insurance Company
Case No: 2022-SC-003629 SP
Motion to Dismiss
Page 3 of 7
Cc. Fla. Stat. §627.70152(3)(a) and (5) Mandate Dismissal.

12. The Complaint alleges a breach of contract under a policy of insurance

covering the real property of the Plaintiffs. Under Florida law, "the rights and

obligations of the parties under an insurance policy are governed by contract law.”

Lumberman’s Mut. Cas. Co. v. Aug., 530 So. 2d 293, 295 (Fla. 1988).

13. A "condition precedent" in an insurance policy is a clause "that bars suit

against the insurer until the insured complies with the relevant policy provisions."

Wright v. Life Ins. Co. of Georgia, 762 So. 2d 992, 993 (Fla. 4th DCA 2000).

14. Fla. Stat. §627.70152(3)(a) imposes a condition precedent upon litigants

that would sue under a policy of property insurance. Specifically, Fla. Stat.

§627.70152(3)(a) provides in pertinent part:

“3) NOTICE.—

(a) As a condition precedent to filing a suit under a property insurance
policy, a claimant must provide the department with written notice of
intent to initiate litigation on a form provided by the department. Such
notice must be given at least 10 business days before filing suit under the
policy, but may not be given before the insurer has made a determination
of coverage under s. 627.70131. Notice to the insurer must be provided by
the department to the e-mail address designated by the insurer under s.
624.422.”

15. Subsection (5) of the same statute imposes a penalty for failure to provide

the ten (10) day Notice of Intent:

“(5) DISMISSAL OF SUIT.—A court must dismiss without prejudice
any claimant’s suit relating to a claim for which a notice of intent to
initiate litigation was not given as required by this section or if such suit
is commenced before the expiration of any time period provided under
subsection (4), as applicable.”

Restoration First Services Corp a/a/o Bathen, I. v. Security First Insurance Company
Case No: 2022-SC-003629 SP
Motion to Dismiss
Page 4 of 7
16. Fla. Stat. §627.70152 requires the mandatory compliance of submitting a

Notice of Intent to Litigate at least ten (10) days. before filing suit. The

unambiguous penalty for non-compliance is clearly spelled out as a mandatory

dismissal of any suit without prejudice.

17. The Defendant anticipates the argument that Plaintiff has made sufficient

allegations under Paragraph 11 of the Complaint, consisting of vague and non-

specific boilerplate language, by alleging: “11. All conditions precedent to the

filing of this Complaint have been met or have been waived.”

18. This allegation is a legal conclusion, rather than a factual allegation and

carries no legal significance. Old Equity Life Ins. Co. v. Suggs, 263 So. 2d 280,

281 (Fla. 2d DCA 1972); Davis v. Dollar RentA Car Systems, Inc., 909 So.2d

297 (Fla. 5th DCA 2004).

19. Florida consistently finds that a trial court’s refusal to grant a Motion to
Dismiss is reversible and immediately reviewable interlocutory appeal of the non-

final Order via an appellant’s Writ of Certiorari. Kissimmee Health Care Assocs.

y. Garcia, 76 So. 3d 1107, 1108 n.1 (Fla. Sth DCA 2011) (certiorari is available to

review denials of motions to dismiss based on lack of compliance with conditions

precedent).

Il. FLORIDA COURTS FIND NO AMBIGUITY: DISMISSAL MANDATORY.

D. Courts in the Central Florida Rule for Dismissal When No Ten Day Notice.

20. Orders Granting Dismissal for failure to file ten (10) day notice
throughout Florida:

3 Decisions attached as Defendant’s Composite Exhibit “B”.

Restoration First Services Corp a/a/o Bathen, I. v. Security First Insurance Company
Case No: 2022-SC-003629 SP
Motion to Dismiss
Page 5 of7
a. Eighteenth Judicial Circuit, Brevard: Kittleson v. National
Specialty Insurance: 29 Fla. L. Weekly Supp. 745a;

b. First Judicial Circuit, Escambia: Bredemus and Mazzota v. Family
Security Insurance, 29 Fla. L. Weekly Supp. 793a; Hunt v.
United Property & Casualty Insurance, 30 Fla. L. Weekly supp.
71a;

c. Ninth Judicial Circuit, Osceola: Estevez and Luque v. Family
Security Insurance Company, 30 Fla. L. Weekly Supp. 95a.

21. Sister courts are routinely dismissing Complaints where there is no
evidence of compliance with the ten-day notice under Fla. Stat.

§§627.70152(3)(a) and (5). This Court may consider these orders in reaching its

determination.

WHEREFORE, the Defendant, SECURITY FIRST INSURANCE COMPANY, moves

this Court to take judicial notice of the Plaintiffs’ failure to comply with Fla. Stat.

§627.70152(3)(a) and (5) and to dismiss the instant Complaint without prejudice, along with any

other relief this Court deems just and proper.

Restoration First Services Corp a/a/o Bathen, I. v. Security First Insurance Company
Case No: 2022-SC-003629 SP
Motion to Dismiss
Page 6 of 7
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
electronic service to Carrington E. Jones, Esq., The Law Offices of Carrington Jones, PLLC at
Carrington@mylawyercan.com, Jeff@mylawyercan.com and Pleadings@mylawyercan.com on
this 24" day of August, 2022.

( wifatt 9A1 | _
Kendall / Rigdon, Esq
Florida Bar No.: 046647
Eric V. Tourian, Esq.
Florida Bar No.: 17106
Thomas P. Edens, Esq.
Florida Bar No.: 121506
eService@rigdonalexander.com
Rigdon Alexander & Rigdon LLP
125 Tangerine Avenue
Merritt Island, FL 32953
(321) 452-4111 - phone
(321) 452-4133 - fax

Counsel for Defendant,
SECURITY FIRST INSURANCE COMPANY

Restoration First Services Corp a/a/o Bathen, I. v. Security First Insurance Company
Case No: 2022-SC-003629 SP
Motion to Dismiss
Page 7 of 7
EXHIBIT A
Filing # 153913323 E-Filed 07/22/2022 05:19:04 PM

IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA

SILVINCIA ST.HILAIRE-FERNAND, CASE NO.: 2

Plaintiff,

v. :
SECURITY FIRST INSURANCE COMPANY, |
Defendant.
/

COMPLAINT

COMES NOW, the Plaintiff, SILVINCIA ST.HILAIRE-FERNAND (‘Plaintiff’), and

hereby sues Defendant, SECURITY FIRST INSURANCE COMPANY, (“Defendant”), and alleges
as follows:

PARTIES, JURISDICTION & VENUE :
1, This is an action for damages and/or declaratory relief, and the amount at issue

exceeds Thirty Thousand and 00/100 Dollars ($30,000.00), exclusive ofinterest, costs and attorney’s
fees.

2 The Plaintiff, is an individual, who at all times material hereto, had an ownership

interest in a residential property that was insured pursuant to a policy of insurance that was issued

by the Defendant.

3. The Defendant is a duly and lawfully registered entity as required by Florida Law,

and sells homeowners’ insurance policies providing coverage throughout the State that are subject

to governing Florida Law.

4. Venue and jurisdiction are proper in DUVAL County, Florida, because the subject

property is located in the county of this Court and/or the Defendant has, or usually keeps an office
for the transaction of its customary business in the county of this Court.

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, and in consideration of a premium paid by the Plaintiff, :
there was in full force and effect a certain homeowner’s insurance policy issued by the Defendant,

bearing Policy No.: P000167526 that provides coverage to the Plaintiff's residence located at 8497

Pebble St, Jacksoville, FL, 32221 (‘Property’). A true and correct copy of the Policy is attached

hereto as Exhibit “A.”

7. Under the terms of the Policy, the Defendant agreed to provide insurance coverage

to the Plaintiff's Property against certain losses for which a claim was made as detailed herein.

8. On or about February 15, 2021, and while the Policy was in full force and effect, the .

Property sustained a sudden, accidental and/or otherwise covered loss (“Covered Loss”) under the

Policy.

9. The Plaintiff duly notified the Defendant of the Covered Loss and the Defendant

assigned Claim No. 217316 to the loss.

10. As of the date of filing this lawsuit, the Defendant has failed to duly issue payment

to the Plaintiff for the covered losses and/or damages under the Policy, including, but not limited to,

the actual cash value of the loss and/or damages.

11. The Plaintiff has suffered, and continues to suffer, direct and consequential damages

due to the Defendant’s expressed, and/or anticipatory failure to perform under the Policy.

COUNT I
BREACH OF CONTRACT
12. The Plaintiff reincorporates paragraphs | through 11 as if fully set forth herein.

13. The Defendant had a duty to promptly investigate, adjust and issue payment for the |
Covered Loss. :

14. Notwithstanding the Plaintiffs performance ofmaterial conditions to payment under ,
the Policy that were either substantially complied with and/or waived by the Defendant, the :
Defendant refuses to perform its duty to issue payment for, at a minimum, actual cash value as

mandated by governing Florida Statute and the Policy.

15. | The Defendant’s failure to duly perform constitutes a material breach of the Policy,

and the Plaintiff has suffered direct, actual and consequential damages asa result thereof.

16. The Plaintiff has been obligated to retain the undersigned attorney for the prosecution

of this action and is entitled to an award of reasonable attorney’s fees and costs pursuant to Florida

Statutes §§ 627.428 and 57.041. :

WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enters Final

Judgment in its favor and for the following:

i. Full payment of direct, actual and/or consequential damages that have been sustained

as a result of the Defendant’s breach of contract;

il. Payment of pre-judgment interest pursuant to Florida Statute § 55.031;

iii. Pursuant to Florida Statutes §§ 627.428, 92.231 and 57.041, an award reasonable

attorneys’ fees and costs; and/or

iV. Any other relief the Court deems just and proper.

COUNT II
STATUTORY BAD FAITH CLAIM PURSUANT TO FLA. STAT. § 624.155
21. The Plaintiff adopts and realleges paragraphs | through 11 as fully alleged herein.

22. Pursuant to Fla. Stat. § 624.155, the Plaintiff has a statutory cause of action for bad :

faith due to the Defendant’s general business practice of willful, wanton, immoral, unlawful,

malicious and/or deceptive claims handling practices (misconduct collectively referred to as “Bad |

Faith”). |

23. The exhaustively stated basis for which this action is predicated is set forth in the

civil remedies notice (CRN) which is attached hereto, incorporated by reference, and identified as

Exhibit “B.”

24. Including its subparts, the CRN comports with the condition precedent set forth under

Fla. Stat. Sec. 624.155(3).

25. | The CRN was duly filed with the Florida Department of Financial Services, and was

served upon the insurer by way of, inter alia, service of this Complaint.

26. Per governing law this action is subject to abatement until such time as the sixty (60)

day notice requirement for the CRN expires and liability is adjudicated and/or confessed in the

Plaintiff's favor as it relates to the claim(s) for relief per Count I and/or II of this Complaint,

27. However, and for the reasons stated in the CRN, the Plaintiff is entitled to punitive ,

damages, attorneys’ fees, extra-contractual damages, and costs once the referenced conditions have

been qualified and the abatement has been lifted. Allstate Ins. Co., v. Lovell, 530 So. 2d 1106 (Fla.

3d DCA 1988); Schimmel v. Aetna Casualty & Sur. Co., 506 2d. 1162 (Fla. 3d DCA 1987).

WHEREFORE, the Plaintiff, pursuant to Fla. Stat. §§ 624.155, 57.041, 55.03 627.428,

627.70131 and governing Florida Law, respectfully demands judgment be entered against the

Defendant and in the Plaintiff's favor as follows:

i. Full payment of direct, actual and/or indirect extra-contractual damages;
il. An award of punitive damages;

ill. An award for reasonable attorneys’ fees and costs for obtaining a judgment, order or

decree adverse to the Defendant and/or in favor of the Plaintiff's rights under the

Policy; ,
iv. Payment ofprejudgment and post-judgment interest; and/or :
v. Any other relief the Court deems just and proper.

JURY TRIAL DEMAND

The Plaintiff hereby demandsa trial by jury on all issues so triable.

Dated July 21, 2022.

Respectfully submitted,

L and L Law Firm, P.A.
Attorneyfor the Plaintiff
6511 Nova Drive # 172 2
Davie, FL 33317
Telephone No.: (786) 622-1625
Facsimile No.: (954) 827-3327
Primary email: Larochelaw305@gmail.com
Secondary email: Ronnie@larochelegal.com

By: _s/_ Nixon LaRoche
NIXON LaROCHE, Esq.
Florida Bar No. 1016696
EXHIBIT “A”
Security First2449):Insurance”
PROCESSING CENTER:
PO Box 105651
Atlanta, GA 30348-5651 .

000478 6 AT 1.574 00166/003208/004214 0007 24 ACY4YN
SILVINCIA ST.HILAIRE-FERNAND
8497 PEBBLE ST
JACKSONVILLE, FL 32221-6546
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POLICY PROCESSING CENTER:
P.O. BOX 105651
ATLANTA, GA. 30348-5651

: 04/11/2020

SILVINCIA ST.HILAIRE-FERNAND POLICY NUMBER: P000167526 |
Ger FECeee a PRIMARY NAMED INSURED:
JACKSONVILLE, FL 32221-6546 SILVINCIA ST.HILAIRE-FERNAND
8497 PEBBLE ST :
JACKSONVILLE, FL 32221-6546

POLICY RENEWAL

Dear SILVINCIA ST.HILAIRE-FERNAND,

Your policy P000167526 for the property located at 8497 PEBBLE ST, JACKSONVILLE, FL 32221-6546 is up for
“renewal. We appreciate your business and look forward to serving you for years to come. Please carefully review
the enclosed information about your renewal policy. A lot can happen in a year, so now is a good time to review
your policy and verify you have the right amounts of coverage. Below are a few tips to help you get started.

Tip #1: If your financial situation has changed, raising your deductible could lower your premium. The
deductible is the amount you are responsible for paying in the event that the insured property is damaged by
a covered loss, so please choose a deductible amount you will be able to pay.

fa Tip #2: If you have made home improvements over the past year, or if you have purchased ‘or sold any high
oes value items like jewelry or fine art, your coverage needs may have changed. Also, if you've purchased a
monitored home security system or replaced your roof, you may be eligible for a discount.

Tip #3: If you have new family members living with you, you may want to consider increasing coverage
amounts, such as liability and personal property coverage.

Replacement Cost
Periodically, Security First reviews your coverage limits to ensure that you are fully covered in the event
of a loss to your home. As part of this review, we recalculated your home's replacement cost based on
information we have in our system. Your renewal may have been automatically adjusted to reflect any
changes to the coverage limits that came about because of this review.

Convenient online and mobile tools

You can make payments using our My Security First customer portal or our free mobile app, Security
First Mobile. For more information, please visit SecurityFirstFlorida.com/customers.

Flexible payment options

We offer several payment plans you can choose from: full pay, 2-pay (semi-annual), 4-pay (quarterly),
and monthly. To select one of these plans and make a payment, please contact us or your agent. Please
note that once an initial payment has been made, the payment plan cannot be changed.

If you have any questions, please contact WENDIE LYNN LAND at (904) 429-9500 or customer service
at (877) 333-9992.

Thank you for placing your trust in us again. We are happy to have you as our customer.

Zh|
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Sincerely,
Security First Insurance

SFI FL HO3 REL 03 19 © Security First Insurance Company www.SecurityFirstFlorida.com
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. . Policy Number: P000167526
Security First Insurance Company Policy Effective Date: 05/31/2020 12:01 AM
P.O. Box 105651 Policy Expiration Date: 05/31/2021 12:01 AM .
Atlanta, GA 30348 Date Printed: 04/11/2020 .

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SATS TNT Total Premium Amount: $1,711.00 |
INSURANCE 1ST EAST COAST CORP i q

475 W Town PI Ste 205E ; ; .
St Augustine, FL 32092-2820 Hurricane Premium: $337.00
Non-Hurricane Premium: $1,347.00
Email: insurance1st@comcast.net Total Policy Premium before Fees: $1,684.00
Phone: (904) 429-9500 Total Policy Fees: $27.00 |
Agency ID: X04705 Agent License #: P092242 | | Due to Rate Change:
Due to Coverage Change:
$677.00 :

See additionalpremium detail on page 2 |
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Named Insured: SILVINCIA ST.HILAJRE-FERNAND
Mailing Address: 8497 PEBBLE ST, JACKSONVILLE, FL 32221-6546

oe Email Address: sthili@yahoo.com Phone: (904) 541-0970
Named Insured: DANILO ST.HILAIRE-FERNAND :
Mailing Address: 8497 PEBBLE ST, JACKSONVILLE, FL 32221-6546
Email Address: sthil1@yahoo.com

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COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE

Insured Property Location 8497 PEBBLE ST, JACKSONVILLE, FL 32221-6546 County: DUVAL
Section | -— Properly Coverages Limit Premium
Coverage A (Dwelling) $250,000 $1,565.00
Coverage B (Other Structures) $5,000 Included
Coverage C (Personal Property) $62,500 Included
Coverage D (Loss of Use) $25,000 Included
Ordinance or Law 25% of CovA $94.00
Section Il — Liability Coverages
Caverage E (Personal Liability) $100,000 Included
Coverage F (Medical Payments to Others) $1,000 Included
Amount ,
All Other Perils Deductible $1,000
Water Deductible $1,000
Hurricane Deductible $5,000 (2% of Cov A)
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Endorsement Name Premium
Water Damage Coverage: Limited Included
Limited Fungi Coverage Included
Loss Assessment Coverage Included
Water Back Up and Sump Overflow $25.00
Personal Property Replacement Cost Loss Settlement Included

Endorsement Name Limit ,
Limited Fungi Coverage $10,000 per loss/$50,000 policy total
Limited Fungi Coverage Section II $50,000
Loss Assessment Coverage $1,000
Water Back Up and Sump Overflow $5,000
Water Damage Coverage: Limited $10,000
isis

Amount

Hurricane Premium: $337.00
. Non-Hurricane Premium: $1,347.00
Nonrefundable Policy Fee Details
Managing General Agency Fee $25.00
Emergency Management Preparedness and Assistance Trust Fund Fee $2.00 :
Policy Fee Total: $27.00
Total Premium Amount: $1,711.00

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Construction Type: Masonry 100% Protection Class: 01
Year Built: 1975 Territory: 23 /031-A/ 23/391
Usage Type: Primary Residence, Not Rented Building Code Effectiveness Grade: 99
Distance to Coast: 123,523.00 Opening Protection: None
Roof Shape: Gable Exclude Wind/Hail Coverage: No
Year Roof Built/Last Replaced: 2014

Credits Surcharges
All Other Perils Deductible Credit
Hurricane Deductible Credit
Windstorm Loss Mitigation Credit
Senior or Retiree Credit
Protection Class Credit

Masonry Veneer Credit

SFI FL HO3 DEC 14 19 © Security First Insurance Company Page 2 of5
SS Ee es Palllgy Reps @ aiererments | ce
HO 00 03 04 91 Homeowners 3 Special Form
HO 04 10 10 00 Additional Interests
HO 04 96 04 91 No Section I! Liability Coverages for Home Day Care Business Limited Section | Property
Coverages For Home Day Care Business
OIR-B1-1655 02 10 Notice of Premium Discounts for Hurricane Loss Mitigation
OIR-B1-1670 01 06
SFI FL HO3 COV 03 17
Checklist of Coverage
Homeowners HO3 Table of Contents
|
SFI FL HO3 ON 03 18 HO3 Deductible Notification Form
SFI FL HO3 LWD 06 19 Limited Water Damage Coverage and Water Damage Coverage Exclusion Endorsement
SFI FL HO3 NCC 05 18 Policyholder Notice of Coverage Changes - re Special Provisions
SF] FL HO3 OTL 06 19 Homeowners Policy Outline of Coverages
SFI FL HO3 PRI 08 16 Privacy Policy
SFIV HO 09 04 90 01 06 Personal Property Replacement Cost Loss Settlement |
SFIV HO 09 2370 01 06 Windstorm Exterior Paint or Waterproofing Exclusion Seacoast Florida
SFIV HO 09 CLP 01 06 Collapse Coverage
SFIV HO 09 ED 12 08 Existing Damage Exclusion Endorsement
SFIV HO 09 ELE 03 08 Unusual or Excessive Liability Exposure
SFIV HO 09 FCE 11 17 Limited Fungi, Mold, Wet or Dry Rot or Bacteria Coverage Endorsement
SFIV HO 09 HD 01 06 Hurricane Deductible Endorsement
SFIV HO 09 OL1 06 15 Ordinance or Law Coverage
SFIV HO 09 WBU 03 17 Water Back Up and Sump Overflow
| SFIV HO3 09 SP 02 18 Special Provisions for Florida
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Type: Mortgagee - First Mortgagee
1 Loan #: 0094765419
ae Name: Freedom Mortgage Corp ISAOA/ATIMA
Address: POBOX 100562 :

City: FLORENCE, State: SC Zip: 29502-0562

SFI FL HO3 DEC 114 19 © Security First Insurance Company } Page 3 of§
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THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU. |
LAW AND ORDINANCE: LAW AND ORDINANCE
COVERAGE IS AN IMPORTANT COVERAGE THAT YOU :
MAY WISH TO PURCHASE. PLEASE DISCUSS WITH |
YOUR INSURANCE AGENT.

FLOOD INSURANCE: YOU MAY ALSO NEED TO
CONSIDER THE PURCHASE OF FLOOD INSURANCE.
YOUR HOMEOWNER’S INSURANCE POLICY DOES NOT
INCLUDE COVERAGE FOR DAMAGE RESULTING FROM
FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED
THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD
INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED
LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE
NEED TO PURCHASE SEPARATE FLOOD INSURANCE |
COVERAGE WITH YOUR INSURANCE AGENT.
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND
COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING
CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES
NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY
PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN
ADDITIONAL PREMIUM.

You may reduce your policy premium by taking advantage of premium credits for shutters, housing features
and other mitigation (loss prevention) devices. Contact your insurance agent to request information regarding
these discounts.

This policy does not protect you against loss caused by the peril of flood. If you are interested in obtaining more
information on flood Insurance coverage, please contact your property-casualty insurance agent or broker to
apply for coverage.

This policy contains a separate deductible for hurricane losses, water losses and a separate deductible for all
other perils insured against. The deductibles shown in your policy declaration page(s) are the deductibles that
will apply as described in your policy, in the event of a covered loss. If your policy was assumed from another
carrier, we may have selected the deductibles shown on your declaration page(s). Other deductibles may be
available. Please contact your insurance agent or broker for additional information.

Property coverage limit increased due to an inflation factor applied to your policy.
Your Building Code Effectiveness Grading schedule adjustment is 0% for the hurricane portion and 0% for the
non-hurricane portion of the premium. The adjustments can range from a surcharge of 1% to a discount of 12%
far the hurricane premium, and from a surcharge of 1% to a discount of 3% for the non-hurricane premium.
SFI FL HO3 DEC 11 19 © Security First Insurance Company Page 4 of5
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Authorized Countersignature: ASLAR Re“7
Customer Service:

© (877) 333-9992 |
Report a Claim 24/7: :
© Call toll-free (877) 581-4862. International callers, dial (386) 673-5308.
© Log into the customer portal, My Security First, at www.MySFl.com.
© To report an identity theft claim, call (800) 676-5696,

5
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HOMEOWNERS POLICY

OUTLINE OF COVERAGE |
The following outline of coverage is for informational purposes only. Florida law prohibits this outline from
changing any of the provisions of the insurance contract which is the subject of this outline. Any endorsement ,
regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal
provisions, cancellation pravisions, surcharges, or credits will be sent separately. Coverage details pertaining
to your policy are provided in your policy package.
Homeowner's policies are designed to provide coverage for your home, other structures on your premises,
your personal belongings, loss of use of your home, personal liability, and medical payments to others.
POLICY COVERAGES

Please refer to your Policy Declarations and the endorsements included in your policy package for your policy's
specific coverage details, including the limits applicable to each policy coverage and the deductibles that apply
to losses. Below is a brief description of the primary coverages, optional coverages and the available premium
discounts.

PRIMARY COVERAGES

COVERAGE A — DWELLING covers your dwelling, at the property address shown on your Policy
ie
Hes Declarations, including attached structures, and wall-to-wall carpeting. Coverage A also includes coverage for
the materials and supplies located on or next to the dwelling used to construct, alter or repair your dwelling or
other structures and the building and outdoor equipment used for the service of your dwelling.
COVERAGE B — OTHER STRUCTURES covers other structures on the premises of your insured dwelling
which are set apart from the dwelling by clear space. Coverage B also includes coverage for structures
connected to the dwelling by only a fence, utility line, or similar connection. Other structures used in whole or
in part for commercial, manufacturing or farming purposes are not covered,
COVERAGE C — PERSONAL PROPERTY covers your personal property, such as clothing and household
furniture. Personal property is covered at replacement cost, which means there is no deduction for
depreciation. Special limits of liability apply to many classes of property such as jewelry, electronics, tools and
guns. You should review the Special Limits of Liability section of your policy for complete details and contact
your agent if additional coverage is desired. Other personal property items such as motorized vehicles,
satellite dishes and antennas are excluded. You should review the Personal Property Not Covered section of
your policy for complete details.
COVERAGE D —-LOSS OF USE covers increased living expenses you incur during a time when your home
is uninhabitable due to a covered loss so that your household can maintain its normal standard of living. The
time period for this coverage is limited, please refer to the Loss of Use section of your policy for complete
details.

COVERAGE E — PERSONAL LIABILITY covers bodily injury and property damage sustained by others for
which an insured is legally liable. Coverage E also provides coverage for legal costs to defend you if suit is
brought against you. Coverage E does not cover liability losses caused by any animals you own or keep.
Further, Coverage E does not cover liability related to business activities.
COVERAGE F — MEDICAL PAYMENTS TO OTHERS covers medical expenses of others injured at your
residence or resulting from your personal activities. This must be purchased with Personal Liability Coverage.
OPTIONAL COVERAGES

- Optional Coverages require the payment of an additional premium.
oi COMPUTER EQUIPMENT COVERAGE provides additional coverage for computers and related equipment
against additional risk of physical loss subject to certain exclusions. -

TOAD NM NNANNAINAAIIO ANVAVA 4 CE_AAACNNAND
COVERAGE C INCREASED SPECIAL LIMITS increases the special limit of liability set forth in the policy for
items such as jewelry, watches, furs, silverware, goldware and pewterware.
DOG LIABILITY COVERAGE extends Personal Liability coverage to losses arising from dogs you own or
keep. This optional coverage hasa limit of $50,000.
3
EQUIPMENT BREAKDOWN ENHANCEMENT ENDORSEMENT provides coverage for electrical breakdown,
mechanical breakdown and pressure system breakdown up to $100,000 per loss with a deductible of $500,
EQUIPMENT BREAKDOWN AND SERVICE LINE ENHANCEMENT ENDORSEMENT provides coverage for
electrical breakdown, mechanical breakdown, pressure system breakdown and physical damage to the
covered service line that is a direct result of service line failure. The limit of liability for equipment breakdown is
up to $100,000 per loss with a deductible of $500. The limit of liability for service line is $10,000 per loss with
a deductible of $500.

FLOOD AND WATER BACK UP C

Case Info

Judge

ARENDAS, CHRISTINE E Track Judge’s New Case

Case No.

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Document Filed Date

November 16, 2071

Case Filing Date

July 21, 2022

County

Parties

RESTORATION FIRST SERVICE CORP A/A/O IRENE BATHEN Plaintiff
SECURITY FIRST INSURANCE COMPANY DBA SECURITY FIRS Defendant
Kelvin Soto Attorney
Carrington Jones Attorneys for Plaintiffs
Kendall Rigdon Attorneys for Defendants
Eric Tourian Attorneys for Defendants
Mark Cavins Attorneys for Defendants
Eric Veenstra Attorneys for Plaintiffs
Thomas Edens Attorneys for Defendants
Nixon Laroche Attorney

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Document for RESTORATION FIRST SERVICE CORP A/A/O IRENE BATHEN vs. SECURITY FIRST INSURANCE COMPANY DBA SECURITY FIRS

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