Legal Document: HERNANDEZ, NORYS vs. AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY

On January 26, 2022 a was filed involving a dispute between Hernandez, Norys, and Avatar Property And Casualty Insurance Company, Florida Insurance Guaranty Association, for Contracts in the District Court of Charlotte County.

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Filing # 142721344 E-Filed 01/26/2022 04:25:54 PM

IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR,
CHARLOTTE COUNTY, FLORIDA
NORYS HERNANDEZ,
CASE NO.: 22000109CA
Plaintiff,

Vv.

AVATAR PROPERTY AND CASUALTY
INSURANCE COMPANY,

Defendant,

COMPLAINT

Plaintiff, NORYS HERNANDEZ (the “Insured”), hereby sues Defendant, AVATAR

PROPERTY AND CASUALTY INSURANCE COMPANY (the “Insurance Company”), and

alleges as follows:

PARTIES, JURISDICTION AND VENUE

1 This is an action for damages that exceeds Thirty Thousand and 00/100 Dollars

($30,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a

Declaratory Judgment action.

2. The Insured is an individual who at all times material hereto has resided in

Charlotte County, Florida.

3 The Insurance Company is a Florida corporation qualified to do business in Florida

and has, at all times material hereto, been conducting business in Charlotte County, Florida.

4 Venue is proper in Charlotte County, Florida because the contract, which forms the

subject matter of this lawsuit, was executed in Charlotte County, Florida.
5 All conditions precedent to the filing of this lawsuit have occurred, have been

waived or have been performed.

GENERAL ALLEGATIONS

6. At all times material hereto, in consideration of a premium paid by the Insured,

there was in full force and effect a certain homeowners insurance policy issued by the Insurance

Company with a policy number of VH30037657 (the “Policy”). A true and correct copy of policy

is attached hereto as Exhibit “A”.

7 Accordingly, under the terms of the Policy, the Insurance Company agreed to

provide insurance coverage to the Insured’s property against certain losses. The damaged property

is located at 620 Chamber Street NW, Port Charlotte, FL 33948 (the “Property”).

8 On or about June 24, 2021, while the Policy was in full force and effect, the

Property sustained a covered loss as a result of Roof Leak (the “Loss”).

9. The Insurance Company assigned claim number 20211456 to the Loss.

10. Subsequently, on or about September 21, 2021, the Insurance Company informed

the Insured that it was denying coverage for the Loss on the basis that it was not covered by the

Policy. However, after diligent inspection of the Loss, it was obvious that the Property sustained

damage which the Insurance Company agreed to provide coverage for under the terms of the

Policy.

11. The Insured has suffered and continues to suffer damages resulting from Insurance

Company’s breach of the Policy.
12. The Insured has been obligated to retain the undersigned attorneys for the

prosecution of this action and is entitled to a reasonable attorney’s fee pursuant to Florida Statute

Sections 627.428 and/or 626.9373.

COUNT I
BREACH OF CONTRACT

13. The Insured reincorporates paragraphs 1 through 13 as if fully set forth herein.

14. It is undisputed that the Insured and the Insurance Company entered into a written

contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company

agreed to insure the Insured’s Property.

15. The Insured has paid all premiums due and owing as contemplated by the Policy;

thus, fully performing its obligations under the Policy.

16. The Insured’s Property sustained damage which the Insurance Company agreed to

provide coverage for under the terms of the Policy.

17. Furthermore, at all times material hereto, the Insured has satisfied all post-loss

obligations to the best of its ability in accordance with the Policy.

18. In contrast, the Insurance Company has failed to: (i) acknowledge coverage for the

Loss; and/or (ii) acknowledge that payment would be forthcoming; and/or (iii) make any payment

of insurance proceeds to the Insured. As a result of the foregoing, the Insurance Company has

breached the Policy.

19. Asa direct and proximate result of the Insurance Company’s breach of the Policy,

the Insured has sustained damages.

WHEREFORE, the Insured respectfully requests that this Court enter judgment against the
Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant

to Sections 627.428 and/or 626.9373.

COUNT II
DECLARATORY JUDGMENT

20. The Insured reincorporates paragraphs 1 through 13 as if fully set forth herein.

21. There is a bona fide, actual, present, adverse, and practical need for this Court to

render a declaration as to whether the Policy issued by Insurer to Insured provides coverage to

Insured for the Loss.

22. There is doubt between the Insured and Insurer regarding coverage of the loss

which affects the rights and/or privileges of the Parties.

23. This declaration deals with a present controversy as to the application of the law to

facts regarding the insurance coverage available to Insured for the Loss.

24. By filing this declaratory judgment action, the Insured is not requesting that the

Court merely provide legal advice or answer questions propounded from curiosity.

25. Based upon the foregoing, the Insured is entitled to a declaratory judgment, holding

that coverage does exist for the Loss; thus removing any doubt that exists between the Parties.

26. Pursuant to Section 86.081, Florida Statues, the Insured is entitled to costs.

WHEREFORE, the Insured respectfully seeks the entry of a declaratory judgment against the

Insurer holding that the Loss is covered under the Policy, plus costs and attorney fees for bringing

this action and such other relief as the Court deems just and proper.
JURY TRIAL DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

Dated this 26th day of January 2022.

Respectfully Submitted,

Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 18th Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email: YIA8@Yourinsuranceattorney.com
Secondary Email: Eservice@Yourinsuranceattorney.com

By: /s/__ Daniela Barreto
Daniela Barreto, Esq.
Florida Bar No. 83343
Mariela Cano, Esq.
Florida Bar No. 1015817
EXHIBIT "A"

Mail to:

AVATAR PROPERTY & CASUALTY INSURANCE COMPANY
1101 E CUMBERLAND AVE SUITE A
TAMPA FL 33602

Mail to:

AVATAR PROPERTY & CASUALTY INSURANCE COMPANY
1101 E CUMBERLAND AVE SUITE A
TAMPA FL 33602

File Copy
AVATAR
*ROTECTOR OF YOUR ASSETS

Greetings from Avatar Property & Casualty Insurance Company

ANNUAL RENEWAL
**IMPORTANT CHANGES PLEASE READ**

Notice of Change in Policy Terms

Effective with your policy renewal Avatar has made changes to your policy. Please see the enclosed
forms for complete information. The following is a brief recap of the changes.

Policy form APC HO3 01 19 replaces the prior policy. The following important changes were made:

1) Definitions, "Reasonable Emergency Measures" and associated references in the policy
have been replaced by "Emergency Mitigation Services", Item 4.
2) Definitions, Item 9 "Occurrence" has been updated.
3) Section | Additional Coverages, Item 13 "Temperature Change"; Item 14 "Power
Interruption"; and Item 15 "Arson Reward" have been added.
4) Section |, Conditions Item 20 "Assignment of Benefits" has been added.
5) Section II, Exclusions Item 1.m. "Assault or Battery"; Item 1.n."Criminal Acts"; and 1.0.
"Trampolines" have been added
6) Section | and II, Conditions Item 7 "Assignment" has been added.
7) Coverage C, Special Limits wording and limits have changed. In particular see Item 15.
Sporting Goods including bicycles; Item 19. Memorabilia; Item 20. Rugs and carpets

Your policy renewal begins at 12:01 a.m. on the date indicated on the enclosed Declaration Page. Please
review the enclosed Declaration Page, endorsements and policy for accuracy and contact your agent
with any questions about policy limits or coverage.

If your insurance premium is paid from an escrow account, we will bill your mortgage company. Please
verify that the correct mortgagee is listed on your declaration page. This will ensure timely payment
and continuation of your policy.

Thank you for choosing Avatar Property & Casualty Insurance Company to protect your home and
family.

Sincerely,

Diane Viale
Director of Underwriting
AVATAR PROPERTY & CASUALTY INSURANCE COMPANY

Renewal cover Diamond HO3 ed. 042019
AVATAR
Property & Casualty Insurance Company
COMPANY NAME AND LOGO CHANGE ENDORSEMENT

The following changes your policy. Please review it carefully and keep it with your policy.

On May 15, 2017, ELEMENTS PROPERTY INSURANCE COMPANY (the “Company”), merged into and with
AVATAR PROPERTY & CASUALTY INSURANCE COMPANY. As a result of this merger, AVATAR PROPERTY
& CASUALTY INSURANCE COMPANY became responsible for the Company’s obligations under your
policy as of May 15, 2017.

Accordingly, effective May 15, 2017, all references in your policy to “ELEMENTS PROPERTY INSURANCE
COMPANY,” except the references in this Endorsement, are changed to “AVATAR PROPERTY &
CASUALTY INSURANCE COMPANY.” In addition, every reference in the policy to the Company’s logo is
changed to the logo above.

All other policy terms and conditions apply.

All claims should be reported via our toll free number: 877-233-3237.

All premium payments should be directed to: Avatar Property & Casualty Insurance Company
P.O. Box 30537
Tampa FL 33630-3537

If you have any questions, you may call or write AVATAR PROPERTY & CASUALTY INSURANCE COMPANY
at our home office shown below:
Avatar Property & Casualty Insurance Company
1101 E. Cumberland Avenue
Tampa, FL 33602
(813) 514-0333
info@avatarins.com

Signed by the Company at its office in Tampa, Florida.

Diane Viale
Underwriting Manager
AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY
1101 ECUMBERLAND AVE, TAMPA, FL 33602
Policy Number Policy Period
FROM 12:01 A M TO 12:01AM
VH30037657 HOMEOWNER DECLARATIONS 06/14/2021 06/14/2022
NAMED INSURED: NORYS HERNANDEZ
MAILED TO: PRODUCER:
NORYS HERNANDEZ ARNOLD INSURANCE ALLIANCE, LLC.
620 CHAMBER ST NW 1357 S. MCCALL RD. #1
PT CHARLOTTE FL 33948 PORT CHARLOTTE FL 33981

TELEPHONE: (941) 214-8668
DATE MAILED: 05/03/2021 Page 1 of 4

PROPERTY LOCATION: 620 CHAMBER ST NW PORT CHARLOTTE FL 33948

FIRST MORTGAGEE: SECOND MORTGAGEE: THIRD MORTGAGEE:
|AMERIHOME MTG CO LLC A DELAWARE LTD
LIAB CO ISAOA ATIMA C/O CENTRAL LOAN
|ADMIN & RPRTG
P.O BOX 202028
FLORENCE SOUTH CAROLINA 29502
Loan No. : 0101964401

LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT
YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER
THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD
INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITH
YOUR INSURANCE AGENT.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE
LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO
YOU.
Your Calendar Year Hurricane Deductible Dollar Amount Is: $5,200

Al02200707
AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY
1101 ECUMBERLAND AVE, Tampa, FL 33602
Policy Number Policy Period
FROM 12:01 A M TO 12:01AM
VH30037657 HOMEOWNER DECLARATIONS 06/14/2021 06/14/2022
NAMED INSURED:NORYS HERNANDEZ

SECTION | HURRICANE DEDUCTIBLE 2% $5200
IDEDUCTIBLES
NON HURRICANE DEDUCTIBLE $2500
SINKHOLE LOSS DEDUCTIBLE $26000
LIMIT OF LIABILITY ISECTION Il COVERAGES LIMIT OF LIABILITY

SECTION | COVERAGE:
A: DWELLING $260,000 . COMP. PERSONAL LIABILITY

B: OTHER STRUCTURES $5,200 EACH OCCURRENCE $300,000
C: UNSCHEDULED PERSONAL PROPERTY $65,000 F: MED PAY $3,000
D: LOSS OF USE $26,000
IF MORE THAN ONE PROPERTY IS INSURED UNDER THIS POLICY, SECTION | AND SECTION II
COVERAGES OF EACH LOCATION MAY NOT BE ADDED TOGETHER IN THE EVENT OF LOSS.
SCHEDULED PERSONAL LIMIT PER |AGGREGATE| PREMIUM PROPERTY PREMIUMS
PROPERTY ARTICLE PER LOSS
Non Hurricane $469
E-Personal Liability Included
F-Medical Payments Included
Ordinance or Law $65,000 Included
Personal Property Replacement Cost Included
Screened Enclosures $10,000 $160
Sink Hole Coverage Included
Water Back up $5,000 $25
Wind and Hail Included
Hurricane $1,259
ADDITIONAL CREDITS /
SURCHARGES:
SUBTOTAL $1,913
Emergency Management Preparedness & Assistance $2
$2500 Deductible -26.0% Trust Fund Fee
Claims Free Credit / Surcharge -1.0%} Managing General Agency Fee $25
Renewal Discount
Wind Mitigation Credit
-1.0%! roTAL PREMIUM $1,940
-72.0%
$2500 Deductible -26.0%
ENDORSEMENTS. ELED_04901213 APC_D04950517 ELED_1091213 ELED_23941213
ENCLOSED WITH THIS
DECLARATIONS PAGE:

IMPORTANT INFORMATION
This policy declarations replaces all declarations with the same or prior effective date. Your homeowner insurance expires and coverage
ceases at 12:01 AM on 06/14/2022. Coverage under this policy will become effective provided premium is paid as indicated on the Notice of
Premium Due mailed under separate cover.
RENEW EFFECTIVE 06/14/2021 12:01 AM ANN. RENEWAL
CHANGE IN PREMIUM
Premium due to Rate change: $224.00 Premium due to Coverage change: $0.00

LIST ALL DISCOUNTS

$2500 Deductible, Claims Free Credit / Surcharge, Renewal Discount, Wind Mitigation Credit, $2500 Deductible
ZONE AGE BCEG PAY MULTI STORM WIND PROT GATED NEW 55 and PERS PROP] SINKHOLE
PLAN POLICY | SHUTTER MIT CLASS COMM HOME RET EXCL EXCL

0 1989 99 FULLPAY N N Y 4 NO N N N N
Total Premium for the Policy Period. (Your bill will be mailed separately).
Total Premium for Property Insured: $1,940

Your Policy includes 25% of Coverage A for Law and Ordinance Coverage.

Your Policy Documents.

Your homeowners policy consists of this Policy Declarations and the documents listed below. Please keep these together:

MAILTOCVRPG Mail Cover Page
EPICRENEWCVLTRHO3 04 2019 Renewal Cover Letter
NAMECHANGEENDORSEMENT Name Change Endorsement
Al02200707_VS2 Declarations Page
ELEHOJ_1013 10 13 - Homeowners Policy Jacket
APC_HO30119 APC HO3 01 19 - Homeowners 3 Special Form
ELEGLB_0114 01 14 - Privacy Notice
APC_HDO0119 APC HD 01 19 Calendar Year Hurricane Deductible - Florida
ELED_1071213 12 13 - Home Day Care Exclusion Endorsement
ELED_1081213 12 13 - Trampoline Liability Exclusion
ELEDO_1013 10 13 - Deductible Options Notice
ELEDH03_1213 12 13 Outline Of Coverage
ELEOLN_1013 10 13 - Ordinance Or Law Coverage Notification Form
ELED_04901213 12 13 - Personal Property Replacement Cost
ELE_NCPT Notice Of Change In Policy Terms
APC_D04950517 APC D04 95 05 17 - Water Back Up And Sump Coverage
ELED_1091213 12 13 Screened Enclosures Hurricane
ELED_23941213 12 13 Sinkhole Loss Coverage FL
OIR-B1-1655 Notice Of Premium Discounts for Hurricane Loss Mitigation
OIR-B1-1670 Checklist of Coverage

If You Have a Question About Your Insurance.

If you wish to present an inquiry or obtain information about your coverage, of if you need assistance in resolving a complaint,
please call:

Your agent at: (941) 214-8668
or,

Avatar Property And Casualty Insurance Company at: (877) 233-3237.

Hl pu Whew
Hitesh (John) P. Adhia Lewis Williams

Al02200707
AVATAR
Property & Casualty Insurance Company
Pro or Of Your Assets

HOMEOWNERS
POLICY

Avatar Property & Casualty Insurance Company
101 E Cumberland Ave,
Tampa, FL 33602
Customer Service: 877-233-3238

ELE HOJ 10 13
YOUR HOMEOWNERS POLICY DOES NOT PROVIDE COVERAGE FOR DAMAGE TO
YOUR PROPERTY CAUSED BY FLOOD. YOUR AGENT CAN HELP YOU PROCURE A
SEPARATE FLOOD POLICY THROUGH THE NATIONAL FLOOD INSURANCE
PROGRAM.
This Policy Jacket with the Policy Form, Declarations Page and Endorsements, if any, issued to form a
part thereof, completes the policy as numbered on the Declarations Page.

POLICY PROVISION: All premiums for this insurance shall be computed in accordance with Avatar
Property & Casualty Insurance Company's rules, forms, rating plans, premiums and minimum
premiums applicable to the insurance afforded herein which are in effect at the inception of the
insurance and, each anniversary thereof, including the date of interim changes.

IN WITNESS WHEREOF, Avatar Property & Casualty Insurance Company has caused this instrument
to be signed by its President.

Uebel (-—
President
Avatar Property & Casualty Insurance Company

ELE HOJ 10 13
= =

AVATAR
Property & Casualty Insurance Company

Homeowners 3 — Special Form
Avatar Property & Casualty Insurance Company

AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY
HOMEOWNERS 3 - SPECIAL FORM

11 Abandonment of Property. 21
Table of Contents 12 Mortgage Clause. 21
AVATAR PROPERTY AND CASUALTY 13. No Benefit to Bailee. 22
INSURANCE COMPANY 14. Nuclear Hazard Clause. 22
HOMEOWNERS3 - SPECIAL FORM 15. Recovered Property. 22
AGREEMENT 16. Volcanic Eruption Period. 22
DEFINITIONS 17. Adjustment to Property Coverage Limits.
22
SECTION I - PR’ 18 Deductible. 22
COVERAGE A — Dwellin, 19, Loss Payable Claus: 22
Property Not Covered. 20. Assignment of Benefits. 23
COVERAGE B - Other Structure: SECTION II - LIABILITY COVERAGE! 23
Property Not Covered. COVERAGE E ~ Personal Liability... 23
COVERAGE A — Dwelling and COVERAGE B — COVERAGE F - Medical Payments To Others... 23
Other Structures SECTION II - EXCLUSIONS. 23
Special Limit of Liability SECTION II - ADDITIONAL COVERAGES 26
COVERAGE C ~ Personal Property SECTION II - CONDITIONS 27
Special Limits of Liability. Limit Of Liability. 27
Property Not Covered. Severability Of Insurance. 27
COVERAGE D ~ Loss of Use Duties After “Occurrence”. 27
ADDITIONAL COVERAGES Duties of an Injured Person — Coverage F -
Debris Removal Medical Payments to Others. 28
“Emergency Mitigation Services. Payment of Claim — CoverageF — Medical
Trees, Shrubs and Other Plants Payments to Others. 28
Fire Department Service Charge. Suit Against Us... 28
Property Removed. Bankruptcy of an Insured. . 28
6. Credit Card, Fund Transfer Card, Forgery Other Insurance — Coverage E— Personal
and Counterfeit Mone; Liability. 28
Loss Assessment, 9. Joint Obligations... 28
Collapse. SECTION I and II — CONDITION 28
Glass or Safety Glazing Material. Policy Period. 28
10. Landlord’s Furnishings. Concealment or Fraud. 28
11 “Fungi,” Wet Or Dry Rot, Yeast Or Liberalization Clause. 28
Bacteria 10 Waiver or Change of Policy Provisions. 29
12. Ordinance or Law. 11 Cancellation. 29
13. Temperature Change 11 Non-renewal.
14. Power Interruptiot 11 Assignment
15. Arson Reward... 11 Subrogation. 30
SECTION I - PERILS INSURED AGAINST. 11 Salvage
COVERAGE A — DWELLING and COVERAGE 10. Inspections and Surveys
B-OTHER STRUCTURES 12 11 Meetings or Inspections. 30
COVERAGE C —- PERSONAL PROPERTY 14 12 Death.
SECTION I - EXCLUSIONS 15 13 Renewal Notification. 31
SECTION I - CONDITIONS. 18
Insurable Interest and Limit of Liability. 18
Duties After Lo: 18
Loss Settlement. 19
Loss to a Pair or Set. 20
Glass Replacement 20
6. Mediation 20
Other Insurance And Service Agreement 21
Suit Against U: 21
Our Option. 21
10. Loss Payment... 21
Avatar Property & Casualty Insurance Company

AGREEMENT
This policy is issued on behalf of Avatar Property 3. That this policy embodies all agreements
and Casualty Insurance Company and by acceptance existing between you and Avatar Property
of this policy you agree: and Casualty Insurance Company relating to
1 That the statements in the Application(s) are this policy.
your representations; We will provide the insurance described in this
2. That this policy is issued in reliance upon policy in return for the premium and compliance with
the truth of those representations; all applicable provisions of this policy.
DEFINITIONS
In this policy, “you” and “your” refer to the “named 4, “Emergency Mitigation Services” means
insured” shown in the Declarations and the spouse if. necessary measures taken to prevent covered
a resident of the same household. “We,” “us” and property from further damage when the damage
“our” refer to the Company providing this insurance. or loss is caused by a Peril Insured Against.
In addition, certain words and phrases are defined as “Fungi” means any type or form of fungus,
follows: including:
1 “Bodily injury” means bodily harm, sickness or a. Mold or mildew; and
disease, including required care, loss of services b. Any mycotoxins, spores, scents or
and death that results. byproducts produced or released by fungi.
2. “Business” Means: Under SECTION II, this does not include any
a. A trade, profession or occupation engaged in fungi, yeast or bacteria that are in, are on or are
on a full-time, part-time or occasional basis; contained in a good or product intended for
or consumption.
b. Any other activity engaged in for money or 6. “Insured” means you and residents of your
other compensation, except the following: household who are:
(1) One or more activities, not described in a. Your relatives; or
(2) through (4) below, for which no b. Other persons under the age of 21 and in the
"insured" receives more than $2,000 in care of any person named above.
total compensation for the 12 months Under SECTION II, “insured” also means:
before the beginning of the policy c. With respect to watercraft to which this
period; policy applies, any person or organization
Q) Volunteer activities for which no money legally responsible for watercraft which are
is received other than payment for owned by you or any person included in 5.a.
expenses incurred to perform the or 5.b. above.
activity; A person or organization using or having
(3) Providing home day care services for custody of the watercraft in the course of
which no compensation is received, any “business” or without consent of the
other than the mutual exchange of such owner is not an “insured”;
services; or d. With respect to any vehicle to which this
(4) The rendering of home day care policy applies:
services to a relative of an "insured". (1) Persons while engaged in your employ
3. “Catastrophic ground cover collapse” means or that of any person included in 5.a. or
geological activity that results in all of the 5.b. above; or
following: (2) Other persons using the vehicle on an
a. The abrupt collapse of ground cover; “insured location” with your consent.
b A depression in the ground cover clearly 7. “Insured location” means:
visible to the naked eye; a. The “residence premises”;
“Structural damage” to the “principal b. The part of other premises, other structures
building”, including the foundation; and and grounds used by you as a residence and:
The “principal building” being condemned (1) Which is shown in the Declarations as
and ordered to be vacated by the Location of Residence Premises: we
oy
6
governmental agency authorized by law to (2) Which is acquired by you during the
issue such an order for that “principal policy period for your use as a
building”. residence;

APC HO-3 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1 of 31
Avatar Property & Casualty Insurance Company

Any premises used by you in connection d. That part of other premises, other buildings,
with a premises in 6.a. and 6.b. above; structures and grounds not located at the
Any part of a premises: “residence premises.”
(1) Not owned by an “insured”; and e. Materials and supplies located on or next to
(2) Where an “insured” is temporarily the “residence premises” used to construct,
residing; alter or repair any property other than the
Vacant land, other than farm land, owned by “principal building” on the “residence
or rented to an “insured”; premises.”
f. Land owned by or rented to an “insured” on 14. “Property damage” means physical injury to,
which a one or two-family dwelling is being destruction of, or loss of use of tangible property.
built as a residence for an “insured”; 15. “Residence employee” means:
g Individual or family cemetery plots or burial a. An employee of an “insured” whose duties
vaults of an “insured”; or are related to the maintenance or use of the
h. Any part of a premises occasionally rented “residence premises,” including household
to an “insured” for other than “business” or domestic services; or
use. b. One who performs similar duties elsewhere
8. “Marring” means to disfigure, deface, scar or not related to the “business” of an “insured.”
blemish. 16. “Residence premises” means:
9. “Occurrence” means an accident, including a. The one family dwelling, other structures,
continuous or repeated exposure to substantially and grounds; or
the same general harmful conditions, which b. That part of any other building;
results, during the policy period, in: where you reside and which is shown as the
a. “Bodily injury”; or “Location of Residence Premises” in the
b “Property damage.” Declarations.
Assault and battery is not an “occurrence,” when “Residence premises” also means a two family
committed by or at the direction of an “insured.” dwelling where you reside in at least one of the
10. “Personal watercraft” means a watercraft family units and which is shown as the “Location
designed to carry one to four people, propelled of Residence Premises” in the Declarations.
by a water jet pump, powered by an internal 17. “Structural damage” means a “principal
combustion engine. Personal watercraft include, building,” regardless of the date of its
but are not limited to, watercraft referred to as jet construction, has experienced the following:
ski, wave runner, wave blaster, water scooter, a. Interior floor displacement or deflection in
seabreacher, dolphin boat and similar watercraft. excess of acceptable variances as defined in
11. “Primary structural member” means a structural ACI 117-90 or the Florida Building Code,
element designed to provide support and stability which results in settlement related damage
for the vertical or lateral loads of the overall to the interior such that the interior building
structure. structure or members become unfit for
12. “Primary structural system” means an service or represents a safety hazard as
assemblage of “primary structural members.” defined within the Florida Building Code;
13. “Principal building” means that part of your b. Foundation displacement or deflection in
dwelling on the “residence premises” shown in excess of acceptable variances as defined in
the Declarations, including structures attached to ACI 318-95 or the Florida Building Code,
the dwelling as described under SECTION I — which results in settlement related damage
Coverage A. to the “primary structural members”
However, “principal building” does not include: “primary structural systems” that prevents
a. Appurtenant structures, driveways, those members or systems from supporting
sidewalks, walkways, decks, patios, pools, the loads and forces they were designed to
spas, or fences, unless such structures are support to the extent that stresses in those
7
part of the “principal building s foundation “primary structural members” or “primary
ro
or under the “principal building’ s roofline; structural systems” exceeds one and one-
b. Buildings or other structures covered under third the nominal strength allowed under the
Coverage B; Florida Building Code for new buildings of
c. Buildings, structures and other property similar structure, purpose, or location;
excluded or not covered in your policy; c. Damage that results in listing, leaning or
buckling of the exterior load bearing walls
or other vertical “primary structural

APC HO-3 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 of 31
Avatar Property & Casualty Insurance Company

members” to an extent that a plumb line e. Damage occurring on or after October 15,
passing through the center of gravity does 2005, that qualifies as “substantial structural
not fall inside the middle one-third of the damage” as defined in the Florida Building
base as defined within the Florida Building Code.
Code; 18. “Unoccupied” means the dwelling is not being
Damage that results in the building, or any inhabited as a residence.
portion of the building containing “primary 19. “Vacant” means the dwelling lacks the necessary
structural members” or “primary structural amenities, adequate furnishings, or utilities and
systems,” being significantly likely to services to permit occupancy as a residence.
imminently collapse because of the 20. “Vermin” meaning an animal prone to enter into
movement or instability of the ground within or under a structure, including but not limited to:
the influence zone of the supporting ground armadillos, bats, opossums, porcupines,
within the sheer plane necessary for the raccoons, skunks.
purpose of supporting such building as
defined within the Florida Building Code; or
SECTION I - PROPERTY COVERAGES
COVERAGE A - Dwelling The limit of liability for this coverage is shown in
We cover: your Declarations for Coverage B. Use of this
1. The dwelling on the “residence premises” shown coverage does not reduce the Coverage A limit of
in the Declarations, including structures attached liability.
to the dwelling; and attached wall to wall The following unattached structures are included
carpeting if damage to the dwelling is caused by under Coverage B — Other Structures:
a covered loss. 1. Any structure enclosed by screens on more than
2. Materials and supplies located on or next to the one side, constructed to be open to the weather,
“residence premises” used to construct, alter or and not constructed of and covered by the same
repair the dwelling or other structures on the or substantially the same materials as that of the
“residence premises.” primary dwelling;
3. In-ground swimming pools including related 2. Carports, open sided porches that have a roof
permanently installed equipment such as pumps covering, and patios that have a roof covering,
and filters. not constructed of and covered by the same or
This coverage does not apply to land, including land substantially the same materials as that of the
on which the dwelling is located. primary dwelling;
This coverage is limited to the “principal building” 3. Any structure where that structure’s roof
for the peril of “catastrophic ground cover collapse.” coverings or exterior wall coverings are of
Property Not Covered. thatch, lattice, slats, or similar material; and
This coverage does not apply to loss or damage to Slat houses, chickees, tiki huts, gazebos,
aluminum framed screened enclosures due to cabanas, canopies, pergolas, or similar structures,
hurricane. constructed to be open to the weather.
COVERAGE B - Other Structures Property Not Covered.
We cover other structures on the “residence This coverage does not apply to

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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

January 26, 2022

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Document for HERNANDEZ, NORYS vs. AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY

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