Legal Document: SCHMIDTKE, CHAD vs. FAMILY SECURITY INSURANCE COMPANY, INC.

On March 10, 2022 a was filed involving a dispute between Schmidtke, Chad, Schmidtke, Irene, and Family Security Insurance Company, Inc., for Insurance Claim in the District Court of Charlotte County.

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Filing # 147898307 E-Filed 04/18/2022 08:35:11 PM

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

CHAD SCHMIDTKE AND IRENE
SCHMIDTKE,
CASE NO.: 22000322CA
Plaintiffs,

FAMILY SECURITY INSURANCE
COMPANY, INC,

Defendant.

MOTION TO DISMISS COMPL. AND MOTION FOR PROTECTIVE ORDER
REGARDING PL. TIFFS’ DISCOVERY RE! UESTS

Defendant, Family Security Insurance Company (“Defendant”), pursuant to Rule

1.140(b)(6) and Section 627.70152(5), Florida Statutes (2021), moves to dismiss the Complaint

(the “Complaint’”) filed by Chad Schmidtke and Irene Schmidtke (“Plaintiffs”). The Court should

dismiss the Complaint because Plaintiffs failed to comply with the pre-suit notice requirements set

forth in section 627.70152, Florida Statutes (2021). Further, pursuant to Rule 1.280, Florida Rules

of Civil Procedure, Defendant moves this Court for a protective Order as to Plaintiffs’ discovery

requests.

1 On March 10, 2022, Plaintiffs filed a lawsuit against Defendant alleging Breach of

Contract.

2. The basis of Plaintiff's lawsuit is a first-party property claim on an insurance policy

for the property located at 393 Malpelo Ave, Punta Gorda, Florida 33983.

3 Plaintiffs’ Complaint involves an alleged loss sustained on or about December 21,

2021. See Complaint, { 9.
4 The subject policy has a policy period effective from December 21, 2021 to

December 21, 2022. The effective policy period began at 12:01 a.m. standard time on December

21, 2021. See Policy attached hereto as Exhibit «jl

5 It is undisputed that Plaintiffs failed to provide the Department of Financial

Services with a written, statutorily required, Notice of Intent to Initiate Litigation (“Notice”) at

least ten business days prior to filing this lawsuit, as required by Section 627.70152(3)(a), Florida

Statutes.

6. Section 627.70152, which governs lawsuits arising under a property insurance

policy, became effective on July 1, 2021.

7 Section 627.70152(3) requires an insured to comply with certain pre-suit notice

procedures, including service of a Notice of Intent to Initiate Litigation on the Department of

Financial Services.

8 If an insured fails to file the required Notice, the Court must dismiss the lawsuit

without prejudice. See Section 627.70152(5), Florida Statutes.

9 Therefore, compliance with Section 627.70152(3) is a condition precedent to filing

a property insurance lawsuit in Florida.

10. Because Plaintiffs failed to file the requisite pre-suit Notice, the Complaint fails to

satisfy the minimum pleading requirements under Florida law and Section 627.70152(3), Florida

Statutes.

11. Further, the policy, Special Provisions — Florida (HO3 Only), Legal Action Against

Us, states:

' See Brooks v. Blue Cross & Blue Shield of Florida, Inc., 116 F.3d 1364, 1368-69 (11th Cir. 1997) (“[W]here the
plaintiff refers to certain documents in the complaint and those documents are central to the plaintiff's claim, then
the Court may consider the documents part of the pleadings for purposes of Rule 12(b)(6) dismissal . . . .”).
H. Legal Action Against Us

Tf you and we fail to agree on the settlement
regarding the loss, as a condition precedent to
filing suit, you, the “claimant”, must provide
the Florida Department of Financial Services
(“the department”) 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 in accordance with Section 627.70152,
Florida Statutes, but may not be given before
the insurer has made a determination of
coverage under Section I — Conditions, J. Loss
Payment. Notice to the insurer will be provided
by the department. The notice must state with
specificity all of the following information:

1. That the notice is provided pursuant to this
section;
2. The alleged acts or omissions of the insurer
giving rise to the suit, which may include a
denial of coverage;
3. If provided by an attorney or other
representative, that a copy of the notice
was provided to the “claimant”;
4. If the notice is provided following a denial
of coverage, an estimate of damages, if
known; and
5. If the notice is provided following acts or
omissions by the insurer other than denial
of coverage, both of the following:
a. The “presuit settlement demand”,
which must itemize damages, attorney
fees, and costs; and
b. The “disputed amount”.
Documentation to support the information
provided in the notice may be provided along
with the notice to the insurer.
No action can be brought against us unless
there has been full compliance with all of the
terms under this policy and the “claimant”
serves notice of intent to initiate litigation
within 5 years after the date of loss. However,
the notice is not required if the suit is a
counterclaim. Service of a notice tolls time
limits provided in Section 95.11, Florida
Statutes, for 10 business days if such time
limits will expire before the end of the 10-day
notice period.
We will respond in writing, and by e-mail if
designated by the “insured”, within 10
business days after receiving the notice.
If responding to a notice served following a
denial of coverage, we will respond by:
1. Accepting coverage;
2. Continuing to deny coverage; or
3. Asserting the right to reinspect the
damaged property.
If we respond by asserting the right to
reinspect the damaged property, we have 14
business days after the response asserting that
right to reinspect the property and accept or
continue to deny coverage. The time limits
provided in Section 95.11, Florida Statutes, are
tolled during the reinspection period if such
time limits expire before the end of the
reinspection period.
If we continue to deny coverage, the
“claimant” may file suit without providing
additional notice.
If responding to a notice alleging an act or
omission other than a denial of coverage, we
will respond by:
1. Making a settlement offer; or
2. Requiring the “claimant” to participate in
mediation or another method of alternative
dispute resolution.
The time limits provided in Section 95.11,
Florida Statutes, are tolled as long as mediation
or alternative dispute resolution is ongoing if
such time limits expire during the mediation
process or dispute resolution process.
The “claimant” o1 “claimant 3gSs attorney may
file suit without any additional notice if
mediation or alternative dispute resolution
process is not concluded within 90 days after
the expiration of the 10-day notice of intent to
initiate litigation.

See Policy, attached hereto as Exhibit”
1.”
12. As set forth below, Florida law requires that Plaintiffs’ Complaint be dismissed for

failure to comply with Section 627.70152, Florida Statutes.

MOTION TO DISMISS FOR FAILURE TO COMPLY WITH SECTION 627.70152(3)

Section 627.70152 was enacted before the inception of Plaintiffs’ insurance policy and the

filing of this lawsuit. The pre-suit notice requirements in the Statute apply to all first-party

property lawsuits filed on or after July 1, 2021.

The express language of Section 627.70152 shows that the Legislature intended to apply

the statutory pre-suit notice requirement to all lawsuits filed on or after July 1, 2021. If statutory

language is “clear and unambiguous and conveys a clear and definite meaning, there is no occasion

for resorting to the rules of statutory interpretation and construction; the statute must be given its

plain and obvious meaning.”
4.R. Douglass, Inc. v. McRainey, 137 So. 157 (Fla. 1931).

Further, as explained by the Second District Court of Appeal in Baden v. Baden, 260 So.

3d 1108 (Fla. 2d DCA 2018), courts “discern legislative intent by analyzing the text of the statute,

interpreting the words and phrases penned by the legislature in accord with their plain and ordinary

meanings.” See also Brown vy. State, 715 So. 2d 241, 243 (Fla. 1998) (“when the language to be

construed is unambiguous, it must be accorded its plain and ordinary meaning.”); Hartford

Underwriters Ins. Co. v. Union Planters Bank, N.A., 530 U.S. 1, 6 (2000) (explaining that a

legislative body “says in a statute what it means and means in a statute what it says there”) (quoting

Connecticut Nat'l Bank v. Germain, 503 U.S. 249, 254 (1992)); Daniels v. Fla. Dep't of Health,

898 So. 2d 61, 65 (Fla. 2005) (“When the statutory language is clear, ‘courts have no occasion to

resort to rules of construction—they must read the statute as written, for to do otherwise would

constitute an abrogation of legislative power.’”) (citation omitted); Dennis v. State, 51 So. 3d 456,
461 (Fla. 2010) (“[S]tatutory enactments are to be interpreted so as to accomplish rather than defeat

their purpose.”) (citation omitted).

The express language of Section 627.70152 provides, in pertinent part, as follows:

qa) APPLICATION.--This section applies exclusively to all suits not brought by
an assignee arising under a residential or commercial property insurance policy,
including a residential or commercial property insurance policy issued by an
eligible surplus lines insurer.

Q) DEFINITIONS.—As used in this section, the term:

(b) “Claimant” means an insured who is filing suit under a residential or
commercial property insurance policy.

(@) 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 . .. . Notice to the insurer must
be provided by the department to the email address designated by the insurer under
Ss.

(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.

Section 627.70152, Florida Statutes, bears an effective date of July 1, 2021. Under any

interpretation, the statute’s requirements apply to “all suits” arising under a residential or

commercial property insurance policy after that date. Those requirements include pre-suit notice

to the Department of Financial Services.

CONCLUSION

Section 627.70152 was enacted before the inception of Plaintiffs’ insurance policy and the

filing of this lawsuit. The pre-suit notice requirements in the Statute apply to all first-party

property lawsuits filed on or after July 1,2021. The express language of Section 627.70152 shows
that the Legislature intended to apply the statutory pre-suit notice requirement to all lawsuits filed

on or after July 1, 2021.

Plaintiffs were required to file a Notice of Intent to Initiate Litigation with the Department

of Financial Services pursuant to Section 627.70152(3) and the policy. Plaintiffs failed to file such

a Notice with the Department. Pursuant to Section 627.70152(5), “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...” Accordingly, the Complaint should be dismissed

without prejudice.

MOTION FOR PROTECTIVE ORDER AS TO P. TIFFS’ DISCOVERY REQUESTS

With the Complaint, Plaintiffs served Defendant with Request for Admissions, Request for

Production, First Set of Interrogatories and a Notice of Taking Video Deposition Duces Tecum of

Defendant’s Designated Corporate Representative Pursuant to Rule 1.310(b)(6).

It is well established that a trial court possesses broad discretion in overseeing discovery

and protecting parties that are subject to the same. See, e.g., Rojas v. Ryder Truck Rental, Inc.,

641 So. 2d 855, 857 (Fla. 1994); Gross v. Security Trust Company, 453 So. 2d 944, 945 (Fla. 4th

DCA 1984) (holding that whether depositions, or any other discovery, should be limited is within

broad discretion of the trial court); South Florida Blood Service, Inc., v. Rasmussen, 467 So. 2d

798, 801 (Fla. 3d DCA 1985) (holding that courts have authority to control discovery in all respects

in order to prevent harassment and undue invasion of privacy).

A trial court may postpone discovery pending the resolution of a motion to dismiss. If the

claims against the Defendant are dismissed, Plaintiffs’ discovery will, for all intents and purposes,

be rendered moot. In such a scenario, Defendant would no longer be obligated to respond to

Plaintiffs’ discovery requests. As such, it is clearly a misuse of time, money and effort to engage
in discovery until the Motion to Dismiss is resolved. See, e.g., Deltona Corporation v. Bailey, 336

So. 2d 1163, 1169 (Fla. 1976) (holding that trial court has discretion to postpone discovery by

plaintiff pending determination of defendant’s motion to dismiss complaint); Hollywood, Inc. v.

Broward County, 90 So. 2d 47 (Fla. 1956) (holding that trial court had discretion to prevent

depositions pending resolution of potentially dispositive motion); Travelers Protective Association

America v. Hackett, 438 So. 2d 1074, 1075 (Fla. 2d DCA 1983) (holding that trial court improperly

entered an order compelling a party to respond to discovery while motion to dismiss complaint

was pending).

Conclusion

WHEREFORE, Defendant, Family Security Insurance Company, respectfully requests that

this Court dismiss the Complaint for Plaintiffs failing to comply with the pre-suit notice

requirements set forth in section 627.70152, Florida Statutes. Defendant further moves this Court

for the entry of protective order as to Plaintiffs’ discovery requests.

[CERTIFICATE OF SERVICE ON NEXT PAGE]
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on April 18, 2022, a true and correct copy of the foregoing
was filed with the Clerk of Charlotte County by using the Florida Courts e-Filing Portal, which
will send an automatic email message to the following parties registered with the e-Filing Portal
system: service@kwglegal.com; jordan@kweglegal.com; Margaret@kwglegal.com;
Margaret E. Garner, Esq.; Jordan Sacks, Esq., KATRANIS, WALD & GARNER, PLLC,

501 E Las Olas Blvd., Suite 200/300, Fort Lauderdale, Florida 33301, Counsel for Plaintiffs.

By: /s/ Brian D. Orsborn
BRIAN D. ORSBORN, ESQ.
FBN: 51355
Attorney for Defendant
Bickford & Chidnese, LLP
307 S. Willow Ave., Suite 100
Tampa FL 33606
E-Mail: Brian@bcflalaw.com
24 E-Mail: melanie@bcflalaw.com
Telephone: (813) 576-0095
EXHIBIT 1
UPCZS
INSURANCE
Keep
the
Promise*
UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY

POLIVCHAK & SELF INS SVCS, LLC
DBA GREAT FL INS OF N.PORT
3335 BOBCAT VILLAGE CENTER RD
NORTH PORT, FL 34288

CHAD SCHMIDTKE
IRENE A SCHMIDTKE
393 MALPELO AVE
PUNTA GORDA FL 33983

IMPORTANT INFORMATION RELATED TO YOUR POLICY

Policy No: UHF 1627064 05
To answer questions about your policy, coverage and payment obligation, your
best source of information is your local insurance agent.
The agent responsible for servicing your policy is:
POLIVCHAK & SELF INS SVCS, LLC
DBA GREAT FL INS OF N.PO!
3335 BOBCAT VILLAGE CENTER RD
NORTH PORT, FL 34288
941-564-6540

To check Policy and/or billing information 24 hours a day, use our Automated Response
System:
Call 1-800-295-8016 for up-to-date information concerning your policy.
Please have your policy number available when making this call.

To Make Payments, log onto www.upcinsurance.com/policyholders/payments or use
the stub on your invoice and the envelope provided and mail to:

Family Security Insurance Company
PO BOX 31393
Tampa, FL 33631-3393

To Report a Claim:
You may call us 24 hours a day at 1-(888) CLM DEPT/1-(888)-256-3378.
Or

You may report a claim to your agent at the address and phone number above.

Office Hours: 8:00am to 5:00pm (Eastern Time), Monday through Friday, except Holidays
UPCZS®
INSURANCE
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UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY

Dear UPC Policyholder,

UPC Insurance® is pleased to enclose your renewal policy. We urge you to review it and become
familiar with the coverages and limits for which you are insured. Should you have questions or
desire changes, please call your agent listed in the upper right-hand corner of your policy for
assistance. Your agent will be happy to clarify any coverage or premium concerns.

As you look over your renewal, we want to make you aware of UPC’s easy-to-pay installment
premium plans. In the event of a loss, UPC wants to be able to respond to your policy, so it is very
important that your premium payments are made on time. The renewal premium on your policy can
be paid in any one of the following ways:

Type of
Payment
1st Payment
Due
24 Payment
jue
3rd Payment
jue D jue
th Payment Installment
Charges
One Pay 20 days prior to None
Option the renewal date
of the policy
Semiannual 20 days prior to 180 days after $3 each
Pay Option the renewal date the inception installment
of the policy date of the ($6 total)
renewal policy
Quarterly 20 days prior to 90 days after 180 days after) 270 days after $3 each
Pay Option the renewal date the inception the inception the inception installment
of the policy date of the date of the date of the ($12 total)
renewal policy renewal policy renewal policy
Eleven Pay 11 monthly installments automatically deducted from your bank $1 each
Option account installment
($11 total)

It is important to check your policy to see how your payment plan is set up. Call your agent if you
need to change to another one of our easy payment options. You can disregard this notice if your
Mortgagee collects your premium via escrow and pays your premium for you.

Finally, should you have a homeowner claim this year; you should report it by calling 888-256-3378
or 727-895-7737. You can also report a loss by accessing www.upcinsurance.com/claims/ and
follow the directions.

We thank you for allowing UPC to provide your Florida homeowners policy. We value the trust you
have placed in us and we encourage you to visit our website at www.upcinsurance.com to learn
more about our company.

FSIC 09 REN 02 19 WWW.UPCINSURANCE.COM Page 1 of 1
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HOMEOWNERS
POLICY NUMBER POLICY BERIODE
UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY
12/21/2021 12/21/2022
PO Box 30763 UHF 1627064 05 12:01 am Standard Time
Tampa, FL 33630-3763 at the ‘shown below

INSURED COPY Date Issued: 10/25/2021

INSURED: AGENT: 9900244
CHAD SCHMIDTKE POLIVCHAK & SELF INS SVCS, LLC
IRENE A SCHMIDTKE DBA GREAT FL INS OF N PORT
393 MALPELO AVE 3335 BOBCAT VILLAGE CENTER RD
PUNTA GORDA FL 33983, NORTH PORT, FL 34288

Telephone: 941-303-0986 Telephone: 941-564-6540

Property Address: 393 MALPELO AVE, PUNTA GORDA FL 33983
Informational File Copy, Lienholder has been billed
INST DATE TRANSACTION AMOUNT
o1 10/22/2021 Renewal Premium $3,296.00
o1 10/22/2021 Fee $27.00

AMOUNT DUE: $ 3,323.00
PAYMENT DUE 12/21/2021
POLICY BALANCE $ 3,323.00
IMPORTANT NOTICE:
FOR COVERAGE TO CONTINUE, YOUR PAYMENT MUST REACH OUR OFFICE BY THE DUE DATE. IF
PAYMENT IS NOT RECEIVED ON OR BEFORE THAT DATE, THIS POLICY WILL NOT BE IN FORCE.
PREMIUM NOTICE-MORTGAGEE

******DETACH HERE***#**
----------------------
ee ee ee ee ee
*eKEKHEEEEEEDO NOT PHOTOCOPY *# ### eee RRR H

YOUR MORTGAGE COMPANY HAS BEEN SENT A COPY OF THIS NOTICE.

POLICY NUMBER: UHF 1627064 05
AMOUNT DUE NOW $3,323.00
LOAN NUMBER:
PLEASE REMIT PAYMENT TO:

CHAD SCHMIDTKE Family Security Insurance Co.
IRENE A SCHMIDTKE PO BOX 31393
393 MALPELO AVE Tampa, FL 33631-3393,
PUNTA GORDA FL 33983

FSIOOO9UHF16270640512212112212100003323006
upc 113 1016
UPCZS®
INSURANCE
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UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY

NOTICE OF CHANGE IN POLICY TERMS
We are sending this Notice of Change in Policy Terms to inform you about important changes to your
Policy.
A brief overview of the changes is described below; however, it is important for you to read all the
enclosed documents to fully understand these changes.
If you have any questions or have any changes that may affect your Policy or coverage, please contact your
agent at the number shown in your Declarations. We appreciate your business, and we value you as a
customer. Thank you for choosing UPC Insurance® for your insurance needs.

Endorsements
Endorsements may restrict or broaden coverage pertaining to your Homeowner's Policy. We have
introduced or amended the following endorsements that apply to your Policy:

ESIC 01 09 06 21 — Special Provisions - Florida
FSIC 01 09 02 19 - Special Provisions— Florida was a part of your policy. It has been replaced by FSIC 01
09 06 21 - Special Provisions — Florida. The following changes affect your coverage:
DEFINITIONS
. We added a definition for “Reopened Claim” and defined it as:
° A claim that an insurer has previously closed, but that has been reopened upon an
“insured’s” request for additional costs for loss or damage previously disclosed to the
insurer.
We added a definition for “Supplemental Claim” and defined it as:
° A claim for additional loss or damage from the same peril which the insurer has previously
adjusted or for which costs have been incurred while completing repairs or replacement
pursuant to an open claim for which timely notice was previously provided to the insurer.
We added a definition for “Claimant” and defined it as:
° An “insured” who is filing suit under a residential or commercial property insurance policy.
We added a definition for “Disputed Amount” and defined it as:
° The difference between the “claimant's” “presuit settlement demand”, not including
attorney fees and costs listed in the demand, and the insurer's “presuit settlement offer”,
not including attorney fees and costs, if part of the offer.
We added a definition for “Presuit Settlement Demand” and defined it as:
° The demand made by the “claimant” in the written notice of intent to initiate litigation as
required by Florida law. The demand must include the amount of reasonable and necessary
attorney fees and costs incurred by the “claimant”, to be calculated by multiplying the
7
number of hours actually worked on the claim by the “claimant's” attorney as of the date of
the notice by a reasonable hourly rate.
We added a definition for “Presuit Settlement Offer” and defined it as:
° The offer made by the insurer in its written response to the notice as required by Florida
law.
SECTION | - PROPERTY COVERAGES
. Coverage C — Personal Property
° Amended item a. in 3. Special Limits Of Liability to include virtual currency of any kind
including, but not limited to: digital currency, crypto currency, or any other type of
electronic currency in the $200 special limit.

FSIC 09 NCPT 10 16 NO12 Page 1 of 4
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SECTION I - CONDITIONS
° Duties After Loss
° Item 10. was amended as follows:
. A claim or “reopened claim” for loss or damage caused by any peril is barred unless
notice is provided within 2 years after the date of loss.
A “supplemental claim” is barred unless notice is provided within 3 years after the
date of loss.
Added clarification of the date of loss for claims resulting from hurricanes,
tornadoes, windstorms, severe rain, or other weather-related events as required by
Florida law.
. Legal Action Against Us
° Language was added and amended outlining the requirement of the “claimant” to notify the
Florida Department of Financial Services of intent to initiate litigation, the insurer's
responsibilities, and process by which the insurer will respond to the notice as required by
Florida law.
As a condition precedent to filing suit, you, the “claimant must provide the Florida
Department of Financial Services written notice of your intent to initiate litigation. The notice
must be provided at least 10 business days prior to filing suit and must contain the
following information
. That the notice is provided pursuant to this section;
. The alleged acts or omissions of the insurer giving rise to the suit, which may
include a denial of coverage;
If provided by an attorney or other representative, that a copy of the notice was
provided to the “claimant
If the notice is provided following a denial of coverage, an estimate of damages, if
known; and
If the notice is provided following acts or omissions by the insurer other than denial
of coverage, both of the following
. The “presuit settlement demand”, which must itemize damages, attorney
fees, and costs; and
.
The “disputed amount’
This form outlines the insurer's duties in responding to the notice:
. A response will be provided by us within 10 business days after receiving the
notice.
If responding to a notice served following a denial of coverage, we will respond by
accepting coverage, continuing to deny coverage, or asserting the right to reinspect
the damaged property.
If we respond by asserting the right to reinspect, we have 14 business days after
the response to reinspect and accept or continue to deny coverage

HO 070 06 21 — Roofing Materials Payment Schedule
If HO 06 41 05 13 Actual Cash Value Loss Settlement Windstorm or Hail Losses to Roof Surfacing —
Florida was part of your policy, it has been replaced by HO 070 06 21 — Roofing Materials Payment
Schedule. The following changes affect your coverage:

FSIC 09 NCPT 10 16 NO12 Page 2 of 4
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UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY
. We added a definition for “Roofing Materials” and defined it as:
° The roof surface material (composition shingle, slate, tile, wood, metal, all other roof surface
material) and all other roofing components of a building or other structure covered under
Coverage A — Dwelling or Coverage B — Other Structures. This includes but is not limited to:
Flashings, caps, vents, ridge vents, drip edges, scuppers and ice shields;
Sheathing, felt and membranes;
Shingles, tile, sheets or shakes (regardless of system materials);
Tar, tar paper, asphalt or gravel;
Modified bitumen, bitumen, rubber rolled-roofing, built-up or sprayed polyurethane
foam roofing;
Foam inserts, insulation, underlayment and elastomeric coating;
Cupola, finials, and snow guards;
Battens, counter battens, bird stops, and gravel stops;
Light-transmitting structures, such as skylights, roof lights and roof windows;
Coatings, adhesives, adherents and other finishing materials for “roofing materials”;

Any other roofing component comprising part of the overall roof surface.
A scheduled depreciation amount will be paid for “roofing materials” based on age and roof surface
material for Windstorm or Hail losses.
The calculation of actual cash value includes depreciation, as determined by us, to property,
materials, labor, unit costs, associated costs, overhead, profit, taxes, and fees.
You must notify us within 90 days after roof replacement or before the end of the policy period
which the replacement occurred. Failure to notify us will result in the roof claim being settled on the
information previously provided by you.

HO 043 06 21 — Water Damage Exclusion Endorsement

If FSIC FL 605 05 16 — Water Damage Exclusion Endorsement was part of your policy, it has been replaced
with HO 043 06 21 — Water Damage Exclusion Endorsement. The following changes affect your coverage:
. Clarified in opening paragraph that the deletion of Accidental Discharge Or Overflow Of Water Or
Steam, under SECTION — PERILS INSURED AGAINST, applies to all forms and endorsements
applicable to the policy.
Added exclusion for constant repeated seepage regardless of source.
Clarified the exclusion applies regardless of whether any of the items in the endorsement are caused
by an act of nature or is otherwise caused.
Direct loss by theft resulting from water damage is covered.

HO 09 044 06 21 — Limited Water Damage Coverage Endorsement

If FSIC FL 604 05 16 — Limited Water Damage Coverage Endorsement was part of your policy, it has been
replaced with HO 09 044 06 21 — Limited Water Damage Coverage Endorsement. The following changes
affect your coverage:
. The limit includes the cost of trenching and tear out.
. The limit includes the cost for Reasonable Emergency Measures.
. Added clarification that we do not cover loss to the system from which the water escaped.
. The limit applies to ensuing loss to covered property by a Peril Insured Against resulting from water
damage; however, the limit will not apply when the ensuing loss to the covered property is caused
by Fire, Explosion, Collapse, or “Fungi”, Wet Or Dry Rot, Or Bacteria.

FSIC 09 NCPT 10 16 NO12 Page 3 of 4
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HO 072 06 21 - Homeowners Policy Deductible Offer

FSIC FL 155 05 16 — Homeowners Policy Deductible Offer was part of your policy. It has been replaced by
HO 072 06 21 - Homeowners Policy Deductible Offer. The following changes affect your coverage:
. This endorsement has been updated to include new optional Non-Hurricane deductible options of
1%, 2% and 5%.
Added clarification that if you have had a hurricane loss under this policy during the calendar year, a
lower selected Hurricane Deductible will not take effect until Jan. 1 of the following calendar year.
Added recommendation of checking with your mortgage company to ensure compliance if a 5% or
10% Hurricane Deductible is selected.

-------------------- End of Notice of Change in Policy Terms ---- anne

This notice is for informational purposes only and is not intended to
replace or amend any language within your contract.
We encourage you to read your entire Policy.
Thank you for being a customer. We appreciate your business!

FSIC 09 NCPT 10 16 NO12 Page 4 of 4
UPCZS
INSU RAN CE"!
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NOTICE OF CHANGE IN POLICY TERMS
We are sending this Notice of Change in Policy Terms to inform you about important changes to your
Policy.

A brief overview of the changes is described below; however, it is important for you to read all the
enclosed documents to fully understand these changes.
If you have any questions or have any changes that may affect your Policy or coverage, please contact your
agent at the number shown in your Declarations. We appreciate your business, and we value you as a
customer. Thank you for choosing UPC Insurance® for your insurance needs.

Coverage A Limit of Liability

The amount of coverage on your home has been increased, which has also increased other coverage
amounts and may result in a change in premium. The coverage amount has been adjusted to reflect the
estimated cost of rebuilding your home and our requirement for insuring to full replacement cost. We will be
happy to review the coverage amount with the submission of an updated ISO/360Value replacement cost
estimate completed by your Agent. If you have any questions regarding replacement cost coverage or any
coverages on your policy, please contact your Agent.

sr-ooa=------------- End of Notice of Change in Policy Terms neneennnneneennnnnn

This notice is for informational purposes only and is not intended
to replace or amend any language within your contract.
We encourage you to read your entire Policy.
Thank you for being a customer. We appreciate your business!

FSIC 09 NCPT 10 16 NO15 Page 1 of 1
UPCZS
INSURANCE’
Keep
the
Promises
FAMILY SECURITY INSURANCE COMPANY
DECLARATIONS PAGE
Endorsement Effective Date:
Date Issued: 10/22/2021
UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY Policy Number: UHF 1627064 05 09
PO Box 30763 Tampa, FL 33630-3763

HO3 HOMEOWNERS,
UHF 1627064 05 09 Effective Date:12/21/2021 Expiration Date:12/21/2022 Renewal
12:01 AM Standard Time at the Residence Premises

[INSURED:
YOUR UPC AGENTIS: 9900244
CHAD SCHMIDTKE POLIVCHAK & SELF INS SVCS, LLC
IRENE A SCHMIDTKE DBA GREAT FL INS OF N.PORT
393 MALPELO AVE 3335 BOBCAT VILLAGE CENTER RD
PUNTA GORDA FL 33983 NORTH PORT, FL 34:
Telephone: 941-564-6540

The Residence Premises Covered by this Policy:
393 MALPELO AVE, PUNTA GORDA FL 33983

Insurance is provided under the following coverages where a limit of liability and/or premium is stated, subject to all
terms and conditions of the policy.
[COVERAGES: LIMIT OF LIABILITY: PREMIUM:
SECTION I - PROPERTY COVERAGE
A. Dwelling $420,000 $3,365.00
B. Other Structures $4,200 -$28.00
C. Personal Property $105,000 -$262.00
D. Loss of Use $42,000 INCLUDED

SECTION Il - LIABILITY COVERAGE
E. Personal Liability $300,000 $15.00
F. Medical Payments $1,000 INCLUDED

SECTION | DEDUCTIBLES
Hurricane Deductible $8,400 2%
Non-Hurricane Deductible $2,500
Sinkhole Loss Deductible EXCLUDED

TOTAL DISCOUNTS AND SURCHARGES PREMIUM (See Schedule Pg. 3) -$2,702.00~*
TOTAL ADDITIONAL COVERAGES PREMIUM (See Schedule Pg. 3) $206.00
* Included
in Dwelling
ANNUAL PREMIUM $3,296.00
Managing General Agency Fee $25.00
Emergency Management Preparedness Trust Fund Fee $2.00

TOTAL FEES AND ASSESSMENTS $27.00
TOTAL POLICY PREMIUM INCLUDING ADDITIONAL COVERAGES, SURCHARGES, AND FEES $3,323.00
The amount of premium change due to approved rate change is 842.00
The amount of premium due to coverage change is 50.00
10/22/2021
Countersigned by Authorized Representative Countersigned Date

FSIC 09 629 01 19 INSURED COPY Page
1 of 4
UHF 1627064 05 09 Effective Date:12/21/2021 Expiration Date:12/21/2022 HO3 HOMEOWNERS.
12:01 AM Standard Time at the Residence Premises ‘enewal

MORTGAGEE
a a

(RATING INFORMATION)
Building Type Singlehm Territory 462
# Family Units Distance to Coast 20.75
# of Stories Rating Tier 17
Year Built 1989 Occupancy Type Primary
Construction Type Masonry Senior Retiree Disc No
BCEG NG Usage Type Owner
Protection Class 04 # Months Occupied 12
Dist to Hydrant 1000ft # Months Rented
Dist to Fire Station <=5miles Smoker Surcharge No
Roof Year Built 2004 Prot Dev/Fire No
Roof Material Archcomp Prot Dew/Sprinkler No
Roof Shape Hip Prot Dev/Burglar No
Roof Cover FBC Secured Community No
Roof Deck Attachment Deck A Multi-Policy Disc No
Roof-Wall Connection Clips Terrain
SWR No HVHZ No
Opening Protection None Wind Borne Debris Rg Unknown
Internal Press. Des. Unknown FBC Wind Speed Unknown
Reinf Concrete Roof No Wind Speed Design Unknown
Superior Construct No Accredited Bldr Disc Yes
Hardiplank Discount No Constr Permit Year 2004
Flood Zone N/A Smart Home Water Dev No
BFE N/A LFE N/A

Endorsement Effective Date: Endorsement Change in Premium:
Endorsement Reason:

The portion of your premium for Hurricane Coverage is: $1,209.
The portion of your premium for Non-Hurricane Coverage is: $2,087.
A premium adjustment of 72% of wind premium is included to reflect the wind mitigation features of dwelling.
Adjustments range from_0% to 89% credit subject to verification that your home meets the windstorm
mitigation characteristics of the 2001 Florida Building Code.
A premium adjustment of + 1% is included to reflect the Building Code Grade for your area. Adjustments range
from 1% surcharge to 12% credit.

FSIC 09 629 01 19 INSURED COPY

Case Info

Judge

GENTILE, GEOFFREY H Track Judge’s New Case

Case No.

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Document Filed Date

November 13, 2055

Case Filing Date

March 10, 2022

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Document for SCHMIDTKE, CHAD vs. FAMILY SECURITY INSURANCE COMPANY, INC.

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