Legal Document: YOUNG, ELAINE vs. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

On July 05, 1976 a was filed involving a dispute between Young, Elaine, and Universal Property & Casualty Insurance Company, for Insurance Claim in the District Court of Charlotte County.

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IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA

ELAINE YOUNG & RICHARD YOUNG, CASE NO 23001798CA

Plaintiffs,
vs.

UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,

Defendant.
_______________________________________/

UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY’S ANSWER,
DEFENSES, AND DEMAND FOR JURY TRIAL

Defendant, Universal Property & Casualty Insurance Company (“Universal”), by and through

the undersigned counsel, hereby files its Answer, Defenses, and Demand for Jury Trial to the First

Amended Complaint (“Amended Complaint”) filed on behalf of Elaine Young and Richard Young

(“Plaintiffs”) and states as follows:

JURISDICTION AND PARTIES

Universal denies Plaintiffs are entitled to any damages, interest, costs, and attorneys fees.

Universal further states that the Amended Complaint speaks for itself.

Universal is without knowledge and, as such, Universal denies the allegation and strict

proof thereof is hereby demanded.

Universal states it is authorized to issue homeowners’ insurance policies throughout the

State of Florida. Universal denies all other allegations and strict proof thereof is hereby

demanded.

Universal states that it is a Florida corporation, located in Broward County, Florida, and

authorized to issue homeowners’ insurance policies throughout the State of Florida.

Universal denies all other allegations and strict proof thereof is hereby demanded.
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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GENERAL ALLEGATIONS

Universal states that it issued Policy Number XXXX- -6776 (“Policy”) to Elaine M.

Young and Richard J. Young Sr. for the property located at 92 Rotonda Circle, Rotonda

West, FL 33947 (“insured property”) for the policy period of May 24, 2022, through May

24, 2023, subject to the terms, conditions, definitions, limitations, exclusions, and

endorsements.

Universal is without knowledge and, as such, Universal denies the allegation and strict

proof thereof is hereby demanded. Universal further states, as policyholders, Plaintiffs have

access to the Policy via their online account and, as such, could obtain a copy and attach

said copy to the Amended Complaint or, in the alternative, incorporate applicable portions

the Policy in accordance with Rule 1.130(a) of the Florida Rules of Civil Procedure.

Universal states the insurance described in the Policy, incorporated herein and attached

hereto as Exhibit “A”, was provided for 92 Rotonda Circle, Rotonda West, FL 33947 in

return for the premium and compliance with all applicable provisions of this Policy.

[Emphasis added]

Universal states it provided the insurance described in the Policy subject to the terms,

conditions, definitions, limitations, exclusions, and endorsements.

Universal states the allegation is void of both facts regarding the alleged loss and the

resulting damages that triggers coverage under the Policy. Universal denies all other

allegations and strict proof thereof is hereby demanded.

Universal states it received notification of the alleged loss to the insured property on

September 28, 2022.

Universal denies the allegation and strict proof thereof is hereby demanded.
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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Universal denies the allegation and strict proof thereof is hereby demanded. In accordance

with what was reported to Universal and verified through adjustment of the claim,

Universal issued payments to Plaintiffs for the covered damage to the insured property and,

absent additional evidence of repairs, no additional payment is warranted.

Universal is without knowledge and, as such, Universal denies the allegation and strict

proof thereof is hereby demanded.

Universal denies the allegation with specificity and strict proof thereof is hereby demanded.

Plaintiffs failed to comply with all terms, conditions, exclusions, limitations, and

endorsements as required by the Policy before the instant action was brought against

Universal including, but not limited to, failing to protect the property from further damage

and failing to file a Notice of Intent to Initiate Litigation that complies with

Florida Statutes. Universal further states it did not waive any unsatisfied conditions

precedent and, as such, Plaintiffs are precluded from recovery.

Universal denies the allegation with specificity and strict proof thereof is hereby demanded.

Plaintiffs failed to comply with all post loss obligations as required by the Policy before

the instant action was brought against Universal and, as such, Plaintiffs are precluded from

recovery.

Universal denies the allegation and strict proof thereof is hereby demanded. Universal

states that the mere retention of an attorney does not trigger application of the statute for

attorneys’ fees and that the referenced statutes speak for themselves.
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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COUNT I
BREACH OF CONTRACT

Universal re-avers and incorporates its responses to Paragraphs 1 through 16 above as if stated

fully herein.

Universal denies the allegation and strict proof thereof is hereby demanded. In accordance with

what was reported to Universal and verified through adjustment of the claim, Universal issued

payments to Plaintiffs for the covered damage to the insured property and, absent additional

evidence of repairs, no additional payment is warranted.

Universal denies the allegation and strict proof thereof is hereby demanded.

Universal denies the allegation and strict proof thereof is hereby demanded. Universal states

that the mere retention of an attorney does not trigger application of the statute for attorneys’

fees and that the referenced statutes speak for themselves.

Universal denies any and all other allegations not specifically addressed above.

Universal denies any and all relief requested in Plaintiffs’ “Wherefore” Clause including any

entitlement to the relief requested therein.

DEFENSES

Universal sets forth defenses which it expects to develop further factual evidence in support

of throughout discovery in this case. See, generally, Gonzalez v. NAFH Nat. Bank, 93 So. 3d 1054,

1057 (Fla. 3d DCA 2012). In defense of this action Universal relies on the Policy, incorporated

herein and attached hereto as Exhibit “A”, pursuant to which Universal sets forth the following

defenses:
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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FIRST DEFENSE
Invalid Sworn Statement in Proof of Loss

Universal asserts that Plaintiffs’ Sworn Statement in Proof of Loss (“Statement”) is invalid

as it fails to comply with §626.8797, Florida Statutes. Specifically, §626.8797, Florida Statutes

requires “[a]ll proof of loss statements…display the following atement: Pursuant to s. 817.234,

Florida Statutes, any person who, with the intent to injure, defraud, or deceive any insurer or

insured, prepares, presents, or causes to be presented a proof of loss or estimate of cost or repair

of damaged property in support of a claim under an insurance policy knowing that the proof of

loss or estimate of claim or repairs contains any false, incomplete, or misleading information

concerning any fact or thing material to the claim commits a felony of the third degree, punishable

as provided in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.” However, the Statement

submitted by Plaintiffs to Universal in support of the alleged loss fails to include the requisite

statement. Further, the Statement fails to list the mortgagee. As such, Plaintiffs are precluded from

recovery to the extent that the Policy requires compliance with its terms before a suit can be

brought against Universal.

SECOND DEFENSE
Duties After Loss - Failure to Protect the Property from Further Damage

Universal asserts that the alleged damages were caused and worsened by Plaintiffs’ failure

to protect the insured property from further damage at or shortly after the time of the alleged date

of loss. The Policy requires the completion of post-loss duties including protecting the insured

“property from further damage” and taking “reasonable emergency measures that are necessary to

protect the [insured] property from further damage”. See Policy, page 20 of 34. In the instant

action, Plaintiffs reported that the alleged loss occurred on September 28, 2022. Plaintiffs

however, failed to address the alleged loss and failed complete mitigation services to protect
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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against further damage following the date of alleged loss. Specifically, Plaintiffs failed to water

remediation, despite alleging loss to the insured property resulted in water intrusion from a

damaged roof, until several days following the date of alleged loss. Therefore, Plaintiffs are not

entitled to recover in this action.

THIRD DEFENSE
Exclusion Neglect

Universal asserts this defense due to the lack of any evidence that reasonable means were

used to save and preserve the alleged damaged property at and after the date of alleged loss. See

Policy, page 19 of 34. Specifically, Plaintiff failed to complete mitigation services, such as dry-

out services, despite alleging loss to the insured property due to water intrusion from a damaged

roof. As a result, water was allowed to constantly seep and leak into the insured property for several

days. Accordingly, any damages present at the time of the alleged date of loss was allowed to

worsen over time. Based on the foregoing, Plaintiffs neglected to use all reasonable means to save

and preserve the insured property. Therefore, the alleged damages claimed in this suit caused

directly or indirectly by neglect are excluded under the Policy.

FOURTH DEFENSE
Exclusion Faulty, Inadequate or Defective Workmanship and/or Maintenance

Universal asserts that the alleged damage to the insured property is attributed to inadequate

maintenance. Pursuant to the Policy, Universal does not insure for loss to property that is faulty,

inadequate, or defective because of workmanship, repair, and maintenance. See Policy, page 20

of 34. Specifically, a review of permit history and an inspection of the roof of the insured property

revealed the aged roof was subject to inadequate maintenance. To the extent the Plaintiffs

performed or had someone perform faulty, inadequate, or defective workmanship and/or

maintenance to the roof of the insured property, resulting damages caused directly or indirectly by
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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the Plaintiffs’ performance or a third party performing faulty, inadequate, or defective

workmanship and/or maintenance are excluded under the Policy. Therefore, Plaintiffs are not

entitled to recover in this action.

FIFTH DEFENSE
Exclusion Wear and Tear and Deterioration

Universal asserts that its liability, if any, is only in accordance with the terms, provisions,

conditions, limitations, and exclusions of its Policy including, but not limited to, all applicable

policy limits and policy dates. Pursuant to the Policy, Universal does not insure for loss to property

due to wear and tear and deterioration. See Policy, page 16 of 34. Universal particularly asserts

this defense based on the aged roof that was compromised by wear and tear. As such, the alleged

roof damages are excluded under the Policy.

SIXTH DEFENSE
Material Misrepresentations/ Absence of Damage and Excessive Damages

Universal asserts that Plaintiffs made misrepresentations and/or false statements relating

to this insurance claim, specifically the cause and scope of the damages observed to the interior of

the insured property. Damages are being sought in this action for the insured property that are

unsupported by documentation that the damages were caused by the alleged loss asserted in the

Amended Complaint or that the alleged damages as asserted by Plaintiffs are covered under the

terms of the Policy including, but not limited to, the laminate flooring. Plaintiffs, however, are

seeking monies for damages that are unwarranted and excessive as the repairs sought either: 1)

address areas of the insured property that have not sustained direct physical loss as a result of the

peril insured against; or 2) address areas of damage not attributable to the loss reported. The

inspection of the insured property revealed there was no evidence of direct physical loss to the

laminate flooring that would trigger coverage under the Policy for removal and replacement.
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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Plaintiffs, however, presented a document purporting to be an estimate that is inconsistent with the

terms of the Policy. As the estimate contemplates repairs that are excessive, inaccurate,

unwarranted, or upgrades, recovery should be precluded as a matter of law.

SEVENTH DEFENSE
Damages Not Related or Caused by Loss

Universal asserts that the damages complained of by Plaintiffs were not related to or caused

by the loss described in the Amended Complaint. Plaintiffs allege “Hurricane Ian caused

substantial damage to the [insured] property See Amended Complaint, ¶9. However, an

inspection of the insured property revealed there was no evidence of direct physical loss to certain

areas of the insured property (i.e., laminate flooring) that would trigger coverage under the Policy.

Accordingly, there is no coverage under the terms of the Policy and Plaintiffs are not entitled to

collect damages in full or in part.

EIGHTH DEFENSE
Payment/Set-off

Universal asserts that any covered damages related to the claims in this action have been

paid in full and no additional benefits are due. In addition, Universal asserts that it is entitled to a

set-off for any monies paid to date including the amount of Plaintiffs’ deductible.

NINTH DEFENSE
Perils Insured Against Direct Physical Loss

versal asserts that pursuant to the Policy, Universal’s liability under the Policy for a

covered loss is limited to actual damages. The Policy insures against “direct physical loss.” See

Policy, page 14 of 34. The phrase “direct physical loss” has been defined to mean actual

damage. Actual damage is visible physical damage that can be observed. See Homeowners Choice

Property & Casualty v. Maspons, 211 So.3d 1067 (Fla. 3d DCA 2017) (“‘Direct’ and ‘physical’

modify loss and impose the requirement that the damage be actual.”). The inspection of the insured
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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property did not reveal any direct physical loss that would trigger coverage for certain interior

areas. As such, recovery is excluded under this Policy.

TENTH DEFENSE
Invalid Notice of Intent Pursuant to Fla. Stat. s.627.70152

Universal asserts that Plaintiffs Notice of Intent to Initiate Litigation, (“Notice”) is invalid

as it fails to comply with §627.70152, Florida Statutes. §627.70152(3)(a) mandates, in relevant

part, the use of a specific form which must include certain information including the name of the

claimant. A claimant is defined in the statute as “an insured who is filing suit under a residential

or commercial property insurance policy.” Fla. Stat. § 627.70152(2)(b). The Notice filed on behalf

of Plaintiffs only reflects one claimant, Elaine Young. However, both Elaine Young and Richard

Young are insureds and filed suit under the Policy. The failure to include Richard Young on the

Notice is a failure to comply §627.70152, Florida Statutes. As a result, Plaintiffs are not entitled

to recovery in whole or in part.

ELEVENTH DEFENSE
Loss Settlement Provision

Universal asserts Plaintiffs are only entitled to direct physical loss to property as described

in the Policy for Coverages A and B. Further, Universal will only initially pay the actual cash value

of the insured loss, less any applicable deductible. See §627.7011(3)(a), Florida Statutes. Plaintiffs

submitted an estimate amounting to $117,864.15, which seeks compensation for areas of the

insured property that were not damaged by a direct physical loss and/or not covered under the

Policy. Specifically, Plaintiffs submitted an estimate seeking replacement of the roof, carpet, and

laminate flooring as well as extensive repairs to the interior of the insured property (i.e., carpet

replacement, paint, pool enclosure removal and replacement). Although Universal extended

coverage to facilitate repair of observable damages to the roof and pool enclosure as well as certain
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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interior areas of the insured property, no coverage was extended for the replacement of the laminate

flooring nor gutter and soffit repair of the insured property. Therefore, Plaintiffs estimate is

excessive. Further, Plaintiffs have not made additional repairs to the insured property and/or have

not provided evidence of repairs to warrant payment exceeding the amounts provided by

Universal. Therefore, no additional payment is not warranted on this claim.

RESERVATION OF RIGHTS

Universal reserves the right to add additional defenses and avoidances which may become

known as discovery proceeds.

WHEREFORE, Universal Property & Casualty Insurance Company, having answered the

Amended Complaint and demonstrated by virtue of its denials and Defenses that Plaintiffs are not

entitled to relief against Universal, respectfully requests this Court enter a judgment in its favor

and for any other or further relief it may be entitled to under law or that this Court deems just or

equitable.

DEMAND FOR JURY TRIAL

UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY demands a jury

trial of all matters so triable.

rtificate of Service on the following page
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via E-

Service to: Yitzhak S. Levin, Esq., Levin Litigation, PLLC, (adam@levinlitigation.com service-

team01@levinlitigation.com), Counsel for Plaintiff, on the 13th day of June, 2023.

Attorney for Defendant
Universal Property & Casualty Insurance Company
P.O. Box 9388
Fort Lauderdale, Florida 33310
Legal Assistant Telephone: (954) 686-6175
Receptionist Telephone: (954) 958-3319
Toll-Free: 1-833-658-8594 (Judges Only)
Facsimile: (954) 958-1262

By: /s/ Nick Williams
Nick Williams, Esq.
Florida Bar No. 74199

For Service of Court Documents only:
Primary: upcicservice06@universalproperty.com
Secondary: rp0125@universalproperty.com
Tertiary: tb1019@universalproperty.com

For Scheduling Matters:
rp0125@universalproperty.com

*Please do not send any inquiries or scheduling matters to upciceservice@universalproperty.com
or upcicservice06@universalproperty.com
Elaine Young v. UPCIC
CASE NO.: 23001798CA
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Exhibit A
Policy Number
Named Insured
Policy Term

To whom it may concern,

To the best of my knowledge, I believe this to be an accurate copy of the policy as of 05/24/2022.

Universal Property & Casualty Insurance Company does not intend, by this response nor any aspect of the claim
investigation, to waive any defenses, rights, including any right to rescind or cancel, or any terms or conditions of
the homeowners insurance policy.

Universal Property & Casualty Insurance Company expressly reserves all rights as stated in the homeowners
insurance policy and state statutes.

Carlos Villasenor - Underwriting Corporate Representative
Authorized Representative
92 ROTONDA CIR
ROTONDA WEST, FL 33947

1110 W. Commercial Blvd

Customer Service/Claims: 800-425-9113
A Stock Company

Brightway Insurance, Inc. #0034
92 Rotonda Cir PO Box 5700
Rotonda West, FL 33947 Jacksonville, FL 32247
(941) 875-6279 (941) 474-3456

of this policy. For renewals: If we elect to continue this insurance, we will renew this policy if you pay the required renewal
premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to
the end of the current policy period or else this policy will expire.

conditions of this policy.

The portion of your premium for hurricane coverage is: $1,415.95
The portion of your premium for all other coverages is: $2,571.58

HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT-
OF-POCKET EXPENSES TO YOU.
A Stock Company

92 Rotonda Cir
Rotonda West, FL 33947

Additional Insured

Requirement - Florida

Surcharge

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.
A Stock Company

AND ENDORSEMENTS. LOG IN AND CLICK MY POLICIES/POLICY DETAILS OR TYPE THIS
URL INTO YOUR INTERNET BROWSER:
HTTPS://UNIVERSALPROPERTY.COM/ACCOUNT/LOGIN. YOU HAVE THE RIGHT TO
REQUEST AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR
POLICY AND ENDORSEMENTS BY CONTACTING YOUR AGENT OR CALLING CUSTOMER
SERVICE AT 1-800-425-9113.

IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE
AGENT.

FLOOD INSURANCE: YOU SHOULD 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,
YOUR UNCOVERED LOSSES CAUSED BY FLOOD ARE NOT
COVERED. PLEASE DISCUSS THE NEED TO PURCHASE
SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR
INSURANCE AGENT.

COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO-
PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-
POCKET EXPENSES TO YOU.
Hurricanes have caused tens of billions of dollars in insured damages and predictions of more
catastrophic hurricanes making landfall in Florida have triggered increases in insurance premiums to cover
potential future losses. Enclosed is information regarding wind loss mitigation that will make your home more
resistant to wind and help protect your family during a catastrophic event. In addition to reducing your
hurricane wind premium by installing mitigation features, you may also reduce the likelihood of out of pocket
expenses, such as your hurricane deductible, you may otherwise incur after a catastrophic event.

Your location:

Your policy:

Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10% deductible, depending on

you select a higher deductible your out-of-pocket expenses in the event of a hurricane claim will be higher.

Improvements to your home:

windows from flying debris are the two most cost effective measures you can take to safeguard your home and
reduce your hurricane-wind premium. These discounts apply only to the hurricane-wind portion of your policy.

The costs of the improvement projects vary. Homeowners should contact a licensed contractor for
an estimate. You can find a Certified Contractor in your area by visiting the Florida Department of Business
and Professional Regulation online at www.myfloridalicense.com.

Your maximum discount:

maximum discount of 88%.

How can I take advantage of the discounts?

Homeowners will need a qualified inspector such as a general, building, or residential contractor
licensed under Section 489.111, Florida Statutes, or a professional engineer licensed under Section 471.015,
Florida Statutes, who has passed the appropriate equivalency test of the Building Code training program as
required by Section 553.841, Florida Statutes, or a professional architect licensed under Section 481.213,
Florida Statutes, or a building code inspector certified under Section 468.607, to inspect the home to identify
potential mitigation measures and verify improvements. For a listing of individuals and/or inspection companies
meeting these qualifications contact your insurance agent or insurance company.

mitigating features on your home. The example is based on your hurricane-wind premium* of $1,415.95
which is part of your total annual premium of $3,987.53. Remember, the discounts shown only apply to
the hurricane-wind portion of the premium and the discounts for the construction techniques and
features listed below are not cumulative.

* Wind mitigation credits apply to that portion of your premium that covers the peril of wind, whether
or not a hurricane exists.
qualify for any other discount.

plywood

the plywood

applied directly to the sheathing of foam SWR Barrier (not foamed on
insulation) applied as a secondary means to protect the dwelling from
water intrusion.

into the top roof.

rafter/truss and into the side of the top plate or wall stud

top plate and are nailed to the rafter/truss

and are nailed to the rafter/truss

Dade building code standards

Miami-Dade building code standards

pyramid).

signed by a licensed contractor to receive the credit.
South Florida Building Code for homes in Miami-Dade and Broward Counties) are eligible for a
minimum 68% discount on the hurricane-wind portion of your premium. You may be eligible for
greater discount if other mitigation features are installed on your home.

Dade building code standards

Miami-Dade building code standards

pyramid).

signed by a licensed contractor to receive the credit.

requirements of the 2001 Florida Building Code you have the option to reduce your hurricane-wind deductible
from __ to __

If you have further questions about the construction techniques and features or other construction techniques
and features that could result in a discount, please contact your insurance agent or the insurance company at
1(800)-425-9113.
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.fldfs.com.

This form was adopted by the Florida Financial Services Commission.
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)

included, those marked N (No) indicate coverage is coverage or is included within the policy limit.
NOT included)

Access Device, Forgery and Counterfeit Money
($) Amount of Discount (No) indicate discount is NOT applied))

included, those marked N (No) indicate coverage is
NOT included)

included, those marked N (No) indicate coverage is coverage or is included within the policy limit.
NOT included)

indicate coverage is NOT included)
HOMEOWNERS
UPCIC HO3 15 10 21

HOMEOWNERS 3 SPECIAL FORM
TABLE OF CONTENTS

GENERAL Deductible ............................................................
Agreement ............................................................ 3 Duties After Loss ..................................................
Definitions ...............................................................3 Loss Settlement ...................................................
Loss to a Pair or Set .............................................
SECTION I PROPERTY COVERAGES Mediation or Appraisal .........................................
Coverage A - Dwelling ............................................6 Other Insurance and Service Agreement
Coverage B Other Structures 6 Suit Against Us ....................................................
Special Limit of Liability Coverage A & B 7 Our Option ............................................................
Coverage C Personal Property 7 Loss Payment ......................................................
Special Limits of Liability .........................................8 Abandonment of Property ....................................
Property Not Covered .............................................8 Mortgage Clause ..................................................
Coverage D Loss of Use......................................9 No Benefit to Bailee .............................................
Nuclear Hazard Clause ........................................
ADDITIONAL COVERAGES Recovered Property .............................................
Debris Removal ......................................................9 Volcanic Eruption Period ...................................... 24
Reasonable Emergency Measures Policy Period ........................................................ 24
Trees, Shrubs and Other Plants Concealment or Fraud ......................................... 24
Fire Department Service Charge Loss Payable Clause ...........................................
Property Removed ............................................... Adjustment to Property Coverage Limits
Credit Card, Electronic Fund Transfer Card or
SECTION II LIABILITY COVERAGES
Access Device, Forgery and Counterfeit Money .
Loss Assessment ................................................. Coverage E Personal Liability
Collapse ............................................................... Coverage F Medical Payments to Others
Glass or Safety Glazing Material SECTION II EXCLUSIONS
Landlord’s Furnishings.........................................
Ordinance or Law ................................................ “Motor Vehicle Liability”........................................
Grave Markers ..................................................... “Watercraft Liability” .............................................
Catastrophic Ground Cover Collapse “Aircraft Liability” .................................................. 26
“Fungi”, Wet or Dry Rot or Bacteria “Hovercraft Liability” .............................................
Coverage E & F .................................................... 27
SECTION I PERILS INSURED AGAINST Coverage E ..........................................................
Coverage A & B ................................................... Coverage F...........................................................
Coverage C .......................................................... SECTION II ADDITIONAL COVERAGES
SECTION I EXCLUSIONS Claim Expenses ...................................................
Ordinance or Law ................................................ First Aid Expenses ...............................................
Earth Movement .................................................. Damage to Property of Others
Water ................................................................... Loss Assessment .................................................
Power Failure ....................................................... SECTION II CONDITIONS
Neglect .................................................................
War ...................................................................... Limit of Liability .....................................................
Nuclear Hazard .................................................... Severability of Insurance ......................................
Intentional Loss .................................................... Duties After “Occurrence” ....................................
Governmental Action ........................................... Duties of an Injured Person Coverage F
Assignee(s) or Third Parties Medical Payments to Others
Criminal or Illegal Activity ..................................... Payment of Claim Coverage F Medical
“Fungi”, Wet or Dry Rot or Bacteria Payment to Others ...............................................
Existing Damage .................................................. Suit Against Us .....................................................
Bankruptcy of an Insured ...................................
SECTION I CONDITIONS Other Insurance ...................................................
Insurable Interest and Limit of Liability Policy Period ........................................................
Concealment or Fraud .........................................

UPCIC HO3 15 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1
SECTION I AND II CONDITIONS Assignment...........................................................
Liberalization Clause ........................................... Our Right to Recover Payment
Waiver or Change of Policy Provisions Death ....................................................................
Cancellation ......................................................... Renewal Notification ............................................
Nonrenewal .......................................................... Advance Notice ....................................................

UPCIC HO3 15 10 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 2
HOMEOWNERS
UPCIC HO3 15 10 21

HOMEOWNERS 3 SPECIAL FORM
AGREEMENT (5) Drone means a “drone” as defined in
We will provide the insurance described in this policy 6. below.
in return for the premium and compliance with all "Bodily injury" means bodily harm, sickness or
applicable provisions of this policy. disease, including required care, loss of
DEFINITIONS services and death that results.
A. In this policy, "you" and "your" refer to the "named "Business" means:
insured" shown in the Declarations and the spouse a. A trade, profession or occupation
if a resident of the same household. "We", "us" and engaged in on a full-time, part-time or
"our" refer to the Company providing this occasional basis;
insurance. “Home sharing host activities”; or
In addition, certain words and phrases are defined Any other activity engaged in for money or
as follows: other compensation, except the following:
"Aircraft Liability", “Drone Liability”, (1) One or more activities, not described
"Hovercraft Liability", "Motor Vehicle Liability" in (2) through (4) below, for which no
and "Watercraft Liability" subject to the "insured" receives more than $2,000
provisions in below, mean the following: in total compensation for the 12
Liability for "bodily injury" or "property months before the beginning of the
damage" arising out of the: policy period;
(1) Ownership, rental or borrowing of (2) Volunteer activities for which no
such vehicle or craft by an "insured"; money is received other than payment
(2) Maintenance, occupancy, operation, for expenses incurred to perform the
use, loading or unloading of such activity;
vehicle or craft by any person; (3) Providing home day care services for
(3) Entrustment of such vehicle or craft by which no compensation is received,
an "insured" to any person; other than the mutual exchange of
such services; or
(4) Failure to supervise or negligent
supervision of any person involving (4) The rendering of home day care
such vehicle or craft by an "insured"; services to a relative of an "insured".
or “Catastrophic ground cover collapse” means
(5) Vicarious liability, whether or not geological activity that results in all of the
imposed by law, for the actions of a following:
child or minor involving such vehicle a. The abrupt collapse of the ground cover;
or craft. A depression in the ground cover clearly
For the purpose of this definition: visible to the naked eye;
(1) Aircraft means any contrivance used “Structural damage” “principal
or designed for flight except model or building insured under this policy
hobby aircraft not used or designed to including the foundation; and
carry people or cargo; The “principal building” or structure being
(2) Hovercraft means a self-propelled condemned and ordered to be vacated by
motorized ground effect vehicle and the governmental agency authorized by
includes, but is not limited to, flarecraft law to issue such an order for that
and air cushion vehicles; “principal building
(3) Watercraft means a craft principally Damage consisting merely of the settling or
designed to be propelled on or in cracking of a foundation, structure, or building
water by wind, engine power or does not constitute a loss resulting from a
electric motor; “catastrophic ground cover collapse”.
(4) Motor vehicle means a "motor vehicle"
as defined in 16. below; and

UPCIC HO3 15 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 3
"Catastrophic ground cover collapse" enabled application, web site or digital
coverage does not apply to Coverage network.
structures. "Home-sharing occupant" means a person,
“Diminution in value” means any reduction in other than an "insured", who:
value of any covered property prior to or a. Has entered into an agreement or
following repair or replacement as compared arranged compensation with an "insured"
to the value of that property immediately through the use of a "home-sharing
before the loss. network platform" for "home-sharing host
“Drone” means any unmanned aircraft or ship activities"; or
that can navigate autonomously without Is accompanying or staying with a person
human control or beyond line of sight by way described in Paragraph 11 of this
of GPS, remote control, or on board computer. definition under such "home-sharing host
"Employee" means an employee of an activities".
"insured", or an employee leased to an In this policy, the terms roomer, boarder,
"insured" by a labor leasing firm under an tenant or guest do not include a “home
agreement between an "insured" and the labor sharing occupant”.
leasing fir

Case Info

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GENTILE, GEOFFREY H Track Judge’s New Case

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Document Filed Date

November 13, 2072

Case Filing Date

July 05, 1976

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Document for YOUNG, ELAINE vs. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

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