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Filing # 140048085 E-Filed 12/09/2021 01:49:11 PM
LOIS BETTENCOURT AND IN THE CIRCUIT COURT OF THE
WILLIAM J. FONTES, 20TH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
Plaintiffs,
Vv. CASE NO.: 21001357CA
CLEAR BLUE INSURANCE
COMPANY,
Defendant.
/
COMPLAINT
Plaintiffs, LOIS BETTENCOURT AND WILLIAM J. FONTES (collectively referred to
hereafter as the “Insured”), hereby sue Defendant, CLEAR BLUE INSURANCE COMPANY (the
“Insurance Company”), and allege 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 are individuals who at all times material hereto have 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 Atall 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 ALO1-181455-00 (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 2207 Bragg Court, Port Charlotte, FL 33952 (the “Property”).
8 On or about February 1, 2021, while the Policy was in full force and effect, the
Property sustained a covered loss as a result of sudden and accidental failure of plumbing system
(the “Loss’).
9 The Insurance Company assigned claim number SWYCBHO18437 to the Loss.
10. Subsequently, on or aboutfebruary 02,2021, 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. As of the date of the filing of this lawsuit, the Insurance Company has failed to: (i)
acknowledge that payment would be forthcoming; and/or (ii) make any payment of insurance
proceeds to the Insured. As a result of the foregoing, the Insurance Company has breached the
Policy.
12. The Insured have suffered and continue to suffer damages resulting from Insurance
Company’s breach of the Policy.
13. The Insured have been obligated to retain the undersigned attorneys for the
prosecution of this action and are entitled to a reasonable attorney’s fee pursuant to Florida Statute
Sections 627.428 and/or 626.9373.
COUNT I
BREACH OF CONTRACT
14. The Insured reincorporate paragraphs 1 through 13 as if fully set forth herein.
15. 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.
16. The Insured have paid all premiums due and owing as contemplated by the Policy;
thus, fully performing their obligations under the Policy.
17. The Insured’s Property sustained damage which the Insurance Company agreed to
provide coverage for under the terms of the Policy.
18. Furthermore, at all times material hereto, the Insured have satisfied all post-loss
obligations to the best of their ability in accordance with the Policy.
19. 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.
20. As a direct and proximate result of the Insurance Company’s breach of the Policy, the
Insured have sustained damages.
WHEREFORE, the Insured respectfully request 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, Florida Statutes.
JURY TRIAL DEMAND
Plaintiffs hereby demand a trial by jury on all issues so triable.
Dated this 9" day of December 2021.
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: YIA18@Yourinsuranceattorney.com
Secondary Email: Eservice@Y ourinsuranceattomey.com
By: /s/ Aristides Diaz, Esg.
Aristides “Kico” Diaz, Esq.
Florida Bar No. 118400
EXHIBIT "A"
Policy Number: ALO 81455-00 HOMEOWNERS
Vall wn Wwe HIDUIe UIUUP UUdWIIG! UsIVILS atUr6-Ur fre 11 HO SW DS FL 01 01 20
Date of Issue: 10/21/2020 Daliny Inewiiriag
HOMEOWNERS POLICY DECLARATIONS New Business
Company Name: Clear Blue Insurance Company
Producer Name: ‘Swyfft, LLC
Named Insured: Lois Bettencourt, William J. Fontes
Mailing Address: 2207 Bragg Ct
Port Charlotte, FL 33952
The Insured Location Is Located At The Above Address Unless Otherwise Stated:
Policy Period Year
Effective Date: 10/22/2020 12:01 AM standard time at the insured location
Expiration Date: 10/22/2021 12:01 AM standard time at the insured location
We will provide the insurance described in this policy in return for the premium and compliance with all
applicable policy provisions.
Coverage is provided where a premium or limit of liability is shown for the coverage.
Section | — Coverages Limit Of Liability
A. Dwelling $ 154,000
IB. Other Structures $ 5,000
IC. Personal Property $ 20,000
ID. Loss Of Use
Section Il - Coverages
$40,000
IE. Personal Liability $ 100,000 Each Ocourrence
IF. Medical Payments To Others $ 1,000 Each Person
Additional Coverages
\Water Backup $ 5,000
$
$
Subtotal Annual Premium $ 1,663.00
MGA Fee $ 25.00
Florida EMPA $ 2.00
[Total Hurricane Premium $ 992.09
(Total Non-Hurricane Premium $ 670.91
[Total Annual Premium and Fees $ 1,690.00
Forms And Endorsements Made Part Of This Policy
(Number(s) And Edition Date(s))
Homeowners Policy Declarations HO SW DS FL 01 01 20
Table of Contents HO SW FL 07 1218
Homeowners 3 - Special Form HO 00 03 05 11
HO SW DS FL 01 01 20 Includes copyrighted materials of ISO, Inc., with its permission. Page 1 of 3
Residence Premises Definition Endorsement HO 06 48 1015
Limited Water Back-Up and Sump Discharge or Overflow Coverage HO 04 95 01 14
Animal Liability Exclusion HO SW FL 05X 01 20
Animal Liability Sublimit Endorsement HO SW FL 05 0418
Calendar Year Hurricane Deductible (Percentage) With Supplemental Repo HO 03 51 05 13
Deductible Options Notice HO SW DN FL 0119
Fungi, Wet or Dry Rot, or Bacteria Increased Amount of Section | — FL HO 03 33 05 13
Reasonable Emergency Measures and Duties After Loss HO SW 18 0119
Limited Fungi, Wet or Dry Rot, or Bacteria Section II - Liability Coverage - Florida HO 03 34 05 13
Limited Water Damage Coverage Endorsement HO SW 15 0418
No Section II — Liability Coverages for Home Day Care Business HO 04 96 10 00
Ordinance and Law Coverage Notification Form HO SW 12 03 18
Ordinance or law Amended Amount of Coverage HO SW 08 03 18
Personal Property Replacement Cost Loss Settlement - Florida HO 23 86 05 13
Seasonal or Secondary Dwelling Endorsement HO SW 10 0119
Special Provisions - Florida HO SW 01 09 0719
Windstorm or Hail Exterior Paint or Waterproofing Exclusion - Seacoast HO SW 05 0119
Hurricane Deductible: 5.00% of Coverage A ($7,700.00)
All Other Perils Deductible: $ 2,500
Section II - Other Insured Locations (Address):
Mortgagee(s)/Lienholder(s)
Name Address Loan Number
Land Home Financial, Inc., P.O. Box 961292 433035
ISAOA c/o Dovenmuehle Fort Worth, TX 76161
Mortgage
Loss Payee(s) - Personal Property
(Name and Address of Loss Payee and Personal Property Involved)
Name Address Personal Property
HO SW DS FL 01 01 20 Includes copyrighted materials of ISO, Inc., with its permission. Page 2 of 3
Countersignature Of Authorized Representative
Name: Jerome Breslin Richard Trezza
Title: President Co-CEO, Swyfft, LLC
APL
Signature: my
AL© to,
“v
Ue
Date: 10/21/2020 10/21/2020
A rate of adjustment of -6.00% has been applied to the windstorm and hail premium
to reflect the Building Code Effectiveness Grade in your area. Adjustments range
from 1% surcharge to 12% credit.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE
LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES
TO YOU.
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN
IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE.
PLEASE DISCUSS WITH YOUR INSURANCE AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S
INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE
RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN
CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD
INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES
CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE
SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE
AGENT.
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC
GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY
BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR
POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES.
YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE
LOSSES FOR AN ADDITIONAL PREMIUM.
HO SW DS FL 01 01 20 Includes copyrighted materials of ISO, Inc., with its permission. Page 3 of 3
CLEAR BLUE INSURANCE COMPANY
SWYFFT VOLUNTARY HOMEOWNERS MULTI-PERIL PROGRAM
POLICY TABLE OF CONTENTS
HOMEOWNERS 3 - SPECIAL FORM Page
A. AGREEMENT
DEFINITIONS
SECTION I - PROPERTY COVERAGES
SECTION I —- PERILS INSURED AGAINST
SECTION I - EXCLUSIONS 12
SECTION I - CONDITIONS 13
SECTION II —- LIABILITY COVERAGES 17
SECTION Il - EXCLUSIONS 17
SECTION II - ADDITIONAL COVERAGES 20
SECTION II - CONDITIONS 21
SECTIONS | AND Il - CONDITIONS. 23
HO SW FL 07 12 18 Page 1 of 1
HOMEOWNERS
HO 00 03 05 11
HOMEOWNERS 3 — SPECIAL FORM
AGREEMENT 2. "Bodily injury" means bodily harm, sickness or
We will provide the insurance described in this policy disease. including required care. loss of
in return for the premium and compliance with all services and death that results.
applicable provisions of this policy. "Business" means
DEFINITIONS a. A trade, profession or occupation engaged
A. In this policy, "you" and "your" refer to the "named in on a full-time, part-time or occasional
insured" shown in the Declarations and the basis; or
spouse if a resident of the same household. "We' b. Any other activity engaged in for money or
and "our" refer to the Company providing this other compensation, except the following
insurance. (1) One or more activities, not described in
In addition, certain words and phrases are defined (2) through (4) below, for which no
as follows: insured" receives more than $2,000 in
. "Aircraft Liability", "Hovercraft Liability", " tor total compensation for the 12 months
Vehicle Liability" and "Watercraft Liabil
" before the beginning of the policy
subject to the provisions in b. below, mean the period
following: (2) Volunteer activities for which no money
is received other than payment for
a. Liability for "bodily injury" or property expenses incurred to perform the
damage" arising out of the:
activity
(1) Ownership of such vehicle or craft by an
insured": (3) Providing home day care services for
which no compensation is received.
(2) Maintenance. occupancy, operation, other than the mutual exchange of such
use, loading or unloading of such services; or
vehicle or craft by any person
(4) The rendering of home day care
(3) Entrustment of such vehicle or craft by services to a relative of an "insured".
insured" to any person
“Employee’ means an employee of an
(4) Failure to supervise or
negligent insured" or an employee leased to an
supervision of any person involving insured" by a labor leasing firm under an
such vehicle or craft by an "insured"; or agreement between an "insured" and the labor
(5) Vicarious liability, whether or not leasing firm, whose duties are other than those
imposed by law, for the actions of a performed by a "residence employee’
child or minor involving such vehicle or "Insured" means:
craft.
a. You and residents of your household who
b. For the purpose of this definition: are.
(1) Aircraft means any contrivance used or (1) Your relatives; or
designed for flight except model or
hobby aircraft not used or designed to (2) Other persons under the age of 21 and
carry people or cargo; in your care or the care of a resident of
your household who is your relative:
(2) Hovercraft means a self-propelled
b. A student enrolled in school full-time, as
motorized ground effect vehicle and
includes, but is not limited to, flarecraft defined by the school, who was a resident
and air cushion vehicles: of your household before moving out to
attend school provided the student is
(3) Watercraft means a craft principally under the age of:
designed to be propelled on or in water
by wind, engine power or electric motor: (1) 24 and your relative; or
and
(4) Motor vehicle means a "motor vehicle’
as defined in 7. below.
HO 00 03 05 11 © Insurance Services Office, Inc., 2010 Page 1 of 24
(2) 21 and in your care or the care of a g. Individual or family cemetery plots or burial
resident of your household who is your vaults of an "insured"; or
relative; or h. Any part of a premises occasionally rented
c. Under Section Il: to an "insured" for other than "business"
(1) With respect to animals or watercraft to use.
which this policy applies, any person or "Motor vehicle" means:
organization legally responsible — for a. A self-propelled land or amphibious vehicle;
these animals or watercraft which are or
owned by you or any person described
in 5.a. or b. "Insured" does not mean a b. Any trailer or semitrailer which is being
person or organization using or having carried on, towed by or hitched for towing
custody of these animals or watercraft by a vehicle described in a. above.
in the course of any "business" or "Occurrence" means an accident, including
without consent of the owner; or continuous or repeated exposure to
(2) With respect to a "motor vehicle" to substantially the same general harmful
which this policy applies: conditions, which results, during the policy
period, in:
(a) Persons while engaged in your
employ or that of any person a. "Bodily injury"; or
described in 5.a. or b.; or b. "Property damage".
(b) Other persons using the vehicle on “Property damage" means physical injury to,
an “insured location" with your destruction of, or loss of use of tangible
consent. property.
Under both Sections I and II, when the word an 10. "Residence employee" means:
immediately precedes the word "insured", the a. An employee of an “insured", or an
words an "insured" together mean one or more employee leased to an "insured" by a labor
"insureds". leasing firm, under an agreement between
"Insured location" means: an "insured" and the labor leasing firm,
a. The "residence premises"; whose duties are related to the
maintenance or use of the "residence
b. The part of other premises, other structures premises", including household or domestic
and grounds used by you as a residence; services; or
and
One who performs similar duties elsewhere
( 1) Which is shown in the Declarations; or not related to the "business" of an
( (2) Which is acquired by you during the "insured".
policy period for your use as a A "residence employee" does not include a
residence; temporary employee who is furnished to an
Any premises used by you in connection "insured" to substitute for a permanent
with a premises described in a. and b. "residence employee" on leave or to meet
above; seasonal or short-term workload conditions.
d Any part of a premises: 11 “Residence premises" means:
(1) Not owned by an "insured"; and a. The one-family dwelling where you reside;
(2) Where an "insured" is temporarily b The two-, three- or four-family dwelling
residing; where you reside in at least one of the
Vacant land, other than farm land, owned family units; or
by or rented to an "insured"; Cc. That part of any other building where you
Land owned by or rented to an "insured" on reside;
which a one-, two-, three- or four-family and which is shown as_ the "residence
dwelling is being built as a residence for an premises" in the Declarations.
"insured"; "Residence premises" also includes other
structures and grounds at that location.
Page 2 of 24 Insurance Services Office, Inc., 2010 HO 00 03 05 11
C. Coverage C —- Personal Property
SECTION I - PROPERTY COVERAGES 41. Covered Property
A. Coverage A - Dwelling We cover personal property owned or used by
1. We cover: an "insured" while it is anywhere in the world.
After a loss and at your request, we will cover
a. The dwelling on the "residence premises" personal property owned by:
shown in the Declarations, including
structures attached to the dwelling; and a. Others while the property is on the part of
the "residence premises" occupied by an
Materials and supplies located on or next to "insured"; or
the "residence premises" used to construct,
alter or repair the dwelling or other A guest or a "residence employee", while
structures on the "residence premises". the property is in any residence occupied
by an "insured".
2. We do not cover land, including land on which
the dwelling is located. 2. Limit For Property At Other Locations
B. Coverage B - Other Structures a. Other Residences
1. We cover other structures on the "residence Our limit of liability for personal property
premises" set apart from the dwelling by clear usually located at an "insured's" residence,
space. This includes structures connected to other than the "residence premises", is
the dwelling by only a fence, utility line, or 10% of the limit of liability for Coverage C,
similar connection. or $1,000, whichever is greater. However,
this limitation does not apply to personal
We do not cover: property:
a. Land, including land on which the other (1) Moved from the "residence premises"
structures are located; because it is:
b. Other structures rented or held for rental to (a) Being repaired, renovated or rebuilt;
any person not a tenant of the dwelling,
unless used solely as a private garage;
(b) Not fit to live in or store property in;
Other structures from which any "business" or
is conducted; or
(2)
In a newly acquired principal residence
Other structures used to store "business" for 30 days from the time you begin to
property. However, we do cover a structure move the property there.
that contains "business" property solely
owned by an "insured" or a tenant of the b. Self-storage Facilities
dwelling, provided that "business" property Our limit of liability for personal property
does not include gaseous or liquid fuel, owned or used by an "insured" and located
other than fuel in a permanently installed in a self-storage facility is 10% of the limit
fuel tank of a vehicle or craft parked or of liability for Coverage C, or $1,000,
stored in the structure. whichever is greater. However, this
The limit of liability for this coverage will not be limitation does not apply to personal
more than 10% of the limit of liability that property:
applies to Coverage A. Use of this coverage (1) Moved from the "residence premises"
does not reduce the Coverage A limit of because it is:
liability. (a) Being repaired, renovated or rebuilt;
an
(b) Not fit to live in or store property in;
or
(2) Usually located in an “insured's"
residence, other than the "residence
premises".
HO 00 03 05 11 Insurance Services Office, Inc., 2010 Page 3 of 24
3. Special Limits Of Liability (2) Is designed to be operated by more
The special limit for each category shown than one power source, one of which is
below is the total limit for each loss for all a "motor vehicle's" electrical system;
property in that category. These special limits and
do not increase the Coverage C limit of liability. (3) Is in or upon a "motor vehicle".
a. $200 on money, bank notes, bullion, gold k. $250 for antennas, tapes, wires, records,
other than goldware, silver other than disks or other media that are:
silverware, platinum other than (1) Used with electronic equipment that
platinumware, coins, medals, scrip, stored reproduces, receives or transmits audio,
value cards and smart cards. visual or data signals; and
b. $1,500 on securities, accounts, deeds, (2) In or upon a "motor vehicle".
evidences of debt, letters of credit, notes
other than bank notes, manuscripts, 4, Property Not Covered
personal records, passports, tickets and We do not cover:
stamps. This dollar limit applies to these a. Articles separately described and
categories regardless of the medium (such specifically insured, regardless of the limit
as paper or computer software) on which for which they are insured, in this or other
the material exists.
insurance;
This limit includes the cost to research, Animals, birds or fish;
replace or restore the information from the
lost or damaged material. "Motor vehicles".
. $1,500 on watercraft of all types, including This includes a "motor vehicle's" equipment
their trailers, furnishings, equipment and and parts. However, this Paragraph 4.c.
outboard engines or motors. does not apply to:
d |. $1,500 on trailers or semitrailers not used (1) Portable electronic equipment that:
with watercraft of all types. (a) Reproduces, receives or transmits
e. . $1,500 for loss by theft of jewelry, watches, audio, visual or data signals; and
furs, precious and semiprecious stones. (b) Is designed so that it may be
f. $2,500 for loss by theft of firearms and operated from a power source other
related equipment. than a "motor vehicle's" electrical
system.
9 . $2,500 for loss by theft of silverware, silver-
plated ware, goldware, gold-plated ware, (2) "Motor vehicles" not required to be
platinumware, platinum-plated ware and registered for use on public roads or
pewterware. This includes flatware, property which are:
hollowware, tea sets, trays and trophies (a) Used solely to service a residence;
made of or including silver, gold or pewter. or
|. $2,500 on property, on the "residence (b) Designed to assist the handicapped;
premises", used primarily for “business”
d. Aircraft, meaning any contrivance used or
purposes. designed for flight, including any parts
i. $1,500 on property, away from the whether or not attached to the aircraft.
sidence premises", used primarily for
We do cover model or hobby aircraft not
"business" purposes. However, this limit
used or designed to carry people or cargo;
does not apply to antennas, tapes, wires,
records, disks or other media that are: Hovercraft and parts. Hovercraft means a
self-propelled motorized ground effect
(1) Used with electronic equipment that
vehicle and includes, but is not limited to,
reproduces, receives or transmits audio,
flarecraft and air cushion vehicles;
visual or data signals; and
Property of roomers, boarders and other
(2) In or upon a "motor vehicle".
tenants, except property of roomers and
j. $1,500 on portable electronic equipment boarders related to an "insured";
that:
(1) Reproduces, receives or transmits
audio, visual or data signals;
Page 4 of 24 Insurance Services Office, Inc., 2010 HO 00 03 05 11
g. Property in an apartment regularly rented Civil Authority Prohibits Use
or held for rental to others by an "insured", If a civil authority prohibits you from use of the
except as provided in E.10. Landlord's "residence premises" as a result of direct
Furnishings under Section | — Property damage to neighboring premises by a Peril
Coverages; Insured Against, we cover the loss as provided
h. Property rented or held for rental to others in 1. Additional Living Expense and 2. Fair
off the "residence premises"; Rental Value above for no more than two
"Business" data, including such data stored weeks.
in: Loss Or Expense Not Covered
(1) Books of account, drawings or other We do not cover loss or expense due to
paper records; or cancellation of a lease or agreement.
(2) Computers and related equipment. The periods of time under 1. Additional Living
We do cover the cost of blank recording or Expense, 2. Fair Rental Value and 3. Civil
storage media and of prerecorded Authority Prohibits Use above are not limited by
computer programs available on the retail expiration of this policy.
market; E. Additional Coverages
j. Credit cards, electronic fund transfer cards 1. Debris Removal
or access devices used solely for deposit, a. We will pay your reasonable expense for
withdrawal or transfer of funds except as the removal of:
provided in E.6. Credit Card, Electronic
Fund Transfer Card Or Access Device, (1) Debris of covered property if a Peril
Forgery And Counterfeit Money under Insured Against that applies to the
Section I — Property Coverages; or damaged property causes the loss; or
k. Water or steam. (2) Ash, dust or particles from a volcanic
eruption that has caused direct loss to a
D. Coverage D - Loss Of Use building or property contained in a
The limit of liability for Coverage D is the total limit building.
for the coverages in 1. Additional Living Expense, This expense is included in the limit of
2. Fair Rental Value and 3. Civil Authority liability that applies to the damaged
Prohibits Use below. property. If the amount to be paid for the
1. Additional Living Expense actual damage to the property plus the
If a loss covered under Section | makes that debris removal expense is more than the
part of the "residence premises" where you limit of liability for the damaged property,
reside not fit to live in, we cover any necessary an additional 5% of that limit is available for
increase in living expenses incurred by you so such expense.
that your household can maintain its normal We will also pay your reasonable expense,
standard of living. up to $1,000, for the removal from the
Payment will be for the shortest time required “residence premises" of:
to repair or replace the damage or, if you (1) Your trees felled by the peril of
permanently relocate, the shortest time Windstorm or Hail or Weight of Ice,
required for your household to settle Snow or Sleet; or
elsewhere. (2) A neighbor's trees felled by a Peril
Fair Rental Value Insured Against under Coverage C;
If a loss covered under Section | makes that provided the trees:
part of the "residence premises" rented to (3) Damage a covered structure; or
others or held for rental by you not fit to live in,
we cover the fair rental value of such premises (4) Do not damage a covered structure,
less any expenses that do not continue while it ut:
is not fit to live in. (a) Block a driveway on the "residence
Payment will be for the shortest time required premises" which prevents a "motor
to repair or replace such premises. vehicle", that is registered for use on
public roads or property, from
entering or leaving the "residence
Preview
Filing # 140048085 E-Filed 12/09/2021 01:49:11 PM LOIS BETTENCOURT AND IN THE CIRCUIT COURT OF THE WILLIAM J. FONTES, 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA Plaintiffs, Vv. CASE NO.: 21001357CA CLEAR BLUE INSURANCE COMPANY, Defendant. / COMPLAINT Plaintiffs, LOIS BETTENCOURT AND WILLIAM J. FONTES (collectively referred to hereafter as the “Insured”), hereby sue Defendant, CLEAR BLUE INSURANCE COMPANY (the “Insurance Company”), and allege 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 are individuals who at all times material hereto have 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 Atall 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 ALO1-181455-00 (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 2207 Bragg Court, Port Charlotte, FL 33952 (the “Property”). 8 On or about February 1, 2021, while the Policy was in full force and effect, the Property sustained a covered loss as a result of sudden and accidental failure of plumbing system (the “Loss’). 9 The Insurance Company assigned claim number SWYCBHO18437 to the Loss. 10. Subsequently, on or aboutfebruary 02,2021, 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. As of the date of the filing of this lawsuit, the Insurance Company has failed to: (i) acknowledge that payment would be forthcoming; and/or (ii) make any payment of insurance proceeds to the Insured. As a result of the foregoing, the Insurance Company has breached the Policy. 12. The Insured have suffered and continue to suffer damages resulting from Insurance Company’s breach of the Policy. 13. The Insured have been obligated to retain the undersigned attorneys for the prosecution of this action and are entitled to a reasonable attorney’s fee pursuant to Florida Statute Sections 627.428 and/or 626.9373. COUNT I BREACH OF CONTRACT 14. The Insured reincorporate paragraphs 1 through 13 as if fully set forth herein. 15. 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. 16. The Insured have paid all premiums due and owing as contemplated by the Policy; thus, fully performing their obligations under the Policy. 17. The Insured’s Property sustained damage which the Insurance Company agreed to provide coverage for under the terms of the Policy. 18. Furthermore, at all times material hereto, the Insured have satisfied all post-loss obligations to the best of their ability in accordance with the Policy. 19. 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. 20. As a direct and proximate result of the Insurance Company’s breach of the Policy, the Insured have sustained damages. WHEREFORE, the Insured respectfully request 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, Florida Statutes. JURY TRIAL DEMAND Plaintiffs hereby demand a trial by jury on all issues so triable. Dated this 9" day of December 2021. 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: YIA18@Yourinsuranceattorney.com Secondary Email: Eservice@Y ourinsuranceattomey.com By: /s/ Aristides Diaz, Esg. Aristides “Kico” Diaz, Esq. Florida Bar No. 118400 EXHIBIT "A" Policy Number: ALO 81455-00 HOMEOWNERS Vall wn Wwe HIDUIe UIUUP UUdWIIG! UsIVILS atUr6-Ur fre 11 HO SW DS FL 01 01 20 Date of Issue: 10/21/2020 Daliny Inewiiriag HOMEOWNERS POLICY DECLARATIONS New Business Company Name: Clear Blue Insurance Company Producer Name: ‘Swyfft, LLC Named Insured: Lois Bettencourt, William J. Fontes Mailing Address: 2207 Bragg Ct Port Charlotte, FL 33952 The Insured Location Is Located At The Above Address Unless Otherwise Stated: Policy Period Year Effective Date: 10/22/2020 12:01 AM standard time at the insured location Expiration Date: 10/22/2021 12:01 AM standard time at the insured location We will provide the insurance described in this policy in return for the premium and compliance with all applicable policy provisions. Coverage is provided where a premium or limit of liability is shown for the coverage. Section | — Coverages Limit Of Liability A. Dwelling $ 154,000 IB. Other Structures $ 5,000 IC. Personal Property $ 20,000 ID. Loss Of Use Section Il - Coverages $40,000 IE. Personal Liability $ 100,000 Each Ocourrence IF. Medical Payments To Others $ 1,000 Each Person Additional Coverages \Water Backup $ 5,000 $ $ Subtotal Annual Premium $ 1,663.00 MGA Fee $ 25.00 Florida EMPA $ 2.00 [Total Hurricane Premium $ 992.09 (Total Non-Hurricane Premium $ 670.91 [Total Annual Premium and Fees $ 1,690.00 Forms And Endorsements Made Part Of This Policy (Number(s) And Edition Date(s)) Homeowners Policy Declarations HO SW DS FL 01 01 20 Table of Contents HO SW FL 07 1218 Homeowners 3 - Special Form HO 00 03 05 11 HO SW DS FL 01 01 20 Includes copyrighted materials of ISO, Inc., with its permission. Page 1 of 3 Residence Premises Definition Endorsement HO 06 48 1015 Limited Water Back-Up and Sump Discharge or Overflow Coverage HO 04 95 01 14 Animal Liability Exclusion HO SW FL 05X 01 20 Animal Liability Sublimit Endorsement HO SW FL 05 0418 Calendar Year Hurricane Deductible (Percentage) With Supplemental Repo HO 03 51 05 13 Deductible Options Notice HO SW DN FL 0119 Fungi, Wet or Dry Rot, or Bacteria Increased Amount of Section | — FL HO 03 33 05 13 Reasonable Emergency Measures and Duties After Loss HO SW 18 0119 Limited Fungi, Wet or Dry Rot, or Bacteria Section II - Liability Coverage - Florida HO 03 34 05 13 Limited Water Damage Coverage Endorsement HO SW 15 0418 No Section II — Liability Coverages for Home Day Care Business HO 04 96 10 00 Ordinance and Law Coverage Notification Form HO SW 12 03 18 Ordinance or law Amended Amount of Coverage HO SW 08 03 18 Personal Property Replacement Cost Loss Settlement - Florida HO 23 86 05 13 Seasonal or Secondary Dwelling Endorsement HO SW 10 0119 Special Provisions - Florida HO SW 01 09 0719 Windstorm or Hail Exterior Paint or Waterproofing Exclusion - Seacoast HO SW 05 0119 Hurricane Deductible: 5.00% of Coverage A ($7,700.00) All Other Perils Deductible: $ 2,500 Section II - Other Insured Locations (Address): Mortgagee(s)/Lienholder(s) Name Address Loan Number Land Home Financial, Inc., P.O. Box 961292 433035 ISAOA c/o Dovenmuehle Fort Worth, TX 76161 Mortgage Loss Payee(s) - Personal Property (Name and Address of Loss Payee and Personal Property Involved) Name Address Personal Property HO SW DS FL 01 01 20 Includes copyrighted materials of ISO, Inc., with its permission. Page 2 of 3 Countersignature Of Authorized Representative Name: Jerome Breslin Richard Trezza Title: President Co-CEO, Swyfft, LLC APL Signature: my AL© to, “v Ue Date: 10/21/2020 10/21/2020 A rate of adjustment of -6.00% has been applied to the windstorm and hail premium to reflect the Building Code Effectiveness Grade in your area. Adjustments range from 1% surcharge to 12% credit. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. HO SW DS FL 01 01 20 Includes copyrighted materials of ISO, Inc., with its permission. Page 3 of 3 CLEAR BLUE INSURANCE COMPANY SWYFFT VOLUNTARY HOMEOWNERS MULTI-PERIL PROGRAM POLICY TABLE OF CONTENTS HOMEOWNERS 3 - SPECIAL FORM Page A. AGREEMENT DEFINITIONS SECTION I - PROPERTY COVERAGES SECTION I —- PERILS INSURED AGAINST SECTION I - EXCLUSIONS 12 SECTION I - CONDITIONS 13 SECTION II —- LIABILITY COVERAGES 17 SECTION Il - EXCLUSIONS 17 SECTION II - ADDITIONAL COVERAGES 20 SECTION II - CONDITIONS 21 SECTIONS | AND Il - CONDITIONS. 23 HO SW FL 07 12 18 Page 1 of 1 HOMEOWNERS HO 00 03 05 11 HOMEOWNERS 3 — SPECIAL FORM AGREEMENT 2. "Bodily injury" means bodily harm, sickness or We will provide the insurance described in this policy disease. including required care. loss of in return for the premium and compliance with all services and death that results. applicable provisions of this policy. "Business" means DEFINITIONS a. A trade, profession or occupation engaged A. In this policy, "you" and "your" refer to the "named in on a full-time, part-time or occasional insured" shown in the Declarations and the basis; or spouse if a resident of the same household. "We' b. Any other activity engaged in for money or and "our" refer to the Company providing this other compensation, except the following insurance. (1) One or more activities, not described in In addition, certain words and phrases are defined (2) through (4) below, for which no as follows: insured" receives more than $2,000 in . "Aircraft Liability", "Hovercraft Liability", " tor total compensation for the 12 months Vehicle Liability" and "Watercraft Liabil " before the beginning of the policy subject to the provisions in b. below, mean the period following: (2) Volunteer activities for which no money is received other than payment for a. Liability for "bodily injury" or property expenses incurred to perform the damage" arising out of the: activity (1) Ownership of such vehicle or craft by an insured": (3) Providing home day care services for which no compensation is received. (2) Maintenance. occupancy, operation, other than the mutual exchange of such use, loading or unloading of such services; or vehicle or craft by any person (4) The rendering of home day care (3) Entrustment of such vehicle or craft by services to a relative of an "insured". insured" to any person “Employee’ means an employee of an (4) Failure to supervise or negligent insured" or an employee leased to an supervision of any person involving insured" by a labor leasing firm under an such vehicle or craft by an "insured"; or agreement between an "insured" and the labor (5) Vicarious liability, whether or not leasing firm, whose duties are other than those imposed by law, for the actions of a performed by a "residence employee’ child or minor involving such vehicle or "Insured" means: craft. a. You and residents of your household who b. For the purpose of this definition: are. (1) Aircraft means any contrivance used or (1) Your relatives; or designed for flight except model or hobby aircraft not used or designed to (2) Other persons under the age of 21 and carry people or cargo; in your care or the care of a resident of your household who is your relative: (2) Hovercraft means a self-propelled b. A student enrolled in school full-time, as motorized ground effect vehicle and includes, but is not limited to, flarecraft defined by the school, who was a resident and air cushion vehicles: of your household before moving out to attend school provided the student is (3) Watercraft means a craft principally under the age of: designed to be propelled on or in water by wind, engine power or electric motor: (1) 24 and your relative; or and (4) Motor vehicle means a "motor vehicle’ as defined in 7. below. HO 00 03 05 11 © Insurance Services Office, Inc., 2010 Page 1 of 24 (2) 21 and in your care or the care of a g. Individual or family cemetery plots or burial resident of your household who is your vaults of an "insured"; or relative; or h. Any part of a premises occasionally rented c. Under Section Il: to an "insured" for other than "business" (1) With respect to animals or watercraft to use. which this policy applies, any person or "Motor vehicle" means: organization legally responsible — for a. A self-propelled land or amphibious vehicle; these animals or watercraft which are or owned by you or any person described in 5.a. or b. "Insured" does not mean a b. Any trailer or semitrailer which is being person or organization using or having carried on, towed by or hitched for towing custody of these animals or watercraft by a vehicle described in a. above. in the course of any "business" or "Occurrence" means an accident, including without consent of the owner; or continuous or repeated exposure to (2) With respect to a "motor vehicle" to substantially the same general harmful which this policy applies: conditions, which results, during the policy period, in: (a) Persons while engaged in your employ or that of any person a. "Bodily injury"; or described in 5.a. or b.; or b. "Property damage". (b) Other persons using the vehicle on “Property damage" means physical injury to, an “insured location" with your destruction of, or loss of use of tangible consent. property. Under both Sections I and II, when the word an 10. "Residence employee" means: immediately precedes the word "insured", the a. An employee of an “insured", or an words an "insured" together mean one or more employee leased to an "insured" by a labor "insureds". leasing firm, under an agreement between "Insured location" means: an "insured" and the labor leasing firm, a. The "residence premises"; whose duties are related to the maintenance or use of the "residence b. The part of other premises, other structures premises", including household or domestic and grounds used by you as a residence; services; or and One who performs similar duties elsewhere ( 1) Which is shown in the Declarations; or not related to the "business" of an ( (2) Which is acquired by you during the "insured". policy period for your use as a A "residence employee" does not include a residence; temporary employee who is furnished to an Any premises used by you in connection "insured" to substitute for a permanent with a premises described in a. and b. "residence employee" on leave or to meet above; seasonal or short-term workload conditions. d Any part of a premises: 11 “Residence premises" means: (1) Not owned by an "insured"; and a. The one-family dwelling where you reside; (2) Where an "insured" is temporarily b The two-, three- or four-family dwelling residing; where you reside in at least one of the Vacant land, other than farm land, owned family units; or by or rented to an "insured"; Cc. That part of any other building where you Land owned by or rented to an "insured" on reside; which a one-, two-, three- or four-family and which is shown as_ the "residence dwelling is being built as a residence for an premises" in the Declarations. "insured"; "Residence premises" also includes other structures and grounds at that location. Page 2 of 24 Insurance Services Office, Inc., 2010 HO 00 03 05 11 C. Coverage C —- Personal Property SECTION I - PROPERTY COVERAGES 41. Covered Property A. Coverage A - Dwelling We cover personal property owned or used by 1. We cover: an "insured" while it is anywhere in the world. After a loss and at your request, we will cover a. The dwelling on the "residence premises" personal property owned by: shown in the Declarations, including structures attached to the dwelling; and a. Others while the property is on the part of the "residence premises" occupied by an Materials and supplies located on or next to "insured"; or the "residence premises" used to construct, alter or repair the dwelling or other A guest or a "residence employee", while structures on the "residence premises". the property is in any residence occupied by an "insured". 2. We do not cover land, including land on which the dwelling is located. 2. Limit For Property At Other Locations B. Coverage B - Other Structures a. Other Residences 1. We cover other structures on the "residence Our limit of liability for personal property premises" set apart from the dwelling by clear usually located at an "insured's" residence, space. This includes structures connected to other than the "residence premises", is the dwelling by only a fence, utility line, or 10% of the limit of liability for Coverage C, similar connection. or $1,000, whichever is greater. However, this limitation does not apply to personal We do not cover: property: a. Land, including land on which the other (1) Moved from the "residence premises" structures are located; because it is: b. Other structures rented or held for rental to (a) Being repaired, renovated or rebuilt; any person not a tenant of the dwelling, unless used solely as a private garage; (b) Not fit to live in or store property in; Other structures from which any "business" or is conducted; or (2) In a newly acquired principal residence Other structures used to store "business" for 30 days from the time you begin to property. However, we do cover a structure move the property there. that contains "business" property solely owned by an "insured" or a tenant of the b. Self-storage Facilities dwelling, provided that "business" property Our limit of liability for personal property does not include gaseous or liquid fuel, owned or used by an "insured" and located other than fuel in a permanently installed in a self-storage facility is 10% of the limit fuel tank of a vehicle or craft parked or of liability for Coverage C, or $1,000, stored in the structure. whichever is greater. However, this The limit of liability for this coverage will not be limitation does not apply to personal more than 10% of the limit of liability that property: applies to Coverage A. Use of this coverage (1) Moved from the "residence premises" does not reduce the Coverage A limit of because it is: liability. (a) Being repaired, renovated or rebuilt; an (b) Not fit to live in or store property in; or (2) Usually located in an “insured's" residence, other than the "residence premises". HO 00 03 05 11 Insurance Services Office, Inc., 2010 Page 3 of 24 3. Special Limits Of Liability (2) Is designed to be operated by more The special limit for each category shown than one power source, one of which is below is the total limit for each loss for all a "motor vehicle's" electrical system; property in that category. These special limits and do not increase the Coverage C limit of liability. (3) Is in or upon a "motor vehicle". a. $200 on money, bank notes, bullion, gold k. $250 for antennas, tapes, wires, records, other than goldware, silver other than disks or other media that are: silverware, platinum other than (1) Used with electronic equipment that platinumware, coins, medals, scrip, stored reproduces, receives or transmits audio, value cards and smart cards. visual or data signals; and b. $1,500 on securities, accounts, deeds, (2) In or upon a "motor vehicle". evidences of debt, letters of credit, notes other than bank notes, manuscripts, 4, Property Not Covered personal records, passports, tickets and We do not cover: stamps. This dollar limit applies to these a. Articles separately described and categories regardless of the medium (such specifically insured, regardless of the limit as paper or computer software) on which for which they are insured, in this or other the material exists. insurance; This limit includes the cost to research, Animals, birds or fish; replace or restore the information from the lost or damaged material. "Motor vehicles". . $1,500 on watercraft of all types, including This includes a "motor vehicle's" equipment their trailers, furnishings, equipment and and parts. However, this Paragraph 4.c. outboard engines or motors. does not apply to: d |. $1,500 on trailers or semitrailers not used (1) Portable electronic equipment that: with watercraft of all types. (a) Reproduces, receives or transmits e. . $1,500 for loss by theft of jewelry, watches, audio, visual or data signals; and furs, precious and semiprecious stones. (b) Is designed so that it may be f. $2,500 for loss by theft of firearms and operated from a power source other related equipment. than a "motor vehicle's" electrical system. 9 . $2,500 for loss by theft of silverware, silver- plated ware, goldware, gold-plated ware, (2) "Motor vehicles" not required to be platinumware, platinum-plated ware and registered for use on public roads or pewterware. This includes flatware, property which are: hollowware, tea sets, trays and trophies (a) Used solely to service a residence; made of or including silver, gold or pewter. or |. $2,500 on property, on the "residence (b) Designed to assist the handicapped; premises", used primarily for “business” d. Aircraft, meaning any contrivance used or purposes. designed for flight, including any parts i. $1,500 on property, away from the whether or not attached to the aircraft. sidence premises", used primarily for We do cover model or hobby aircraft not "business" purposes. However, this limit used or designed to carry people or cargo; does not apply to antennas, tapes, wires, records, disks or other media that are: Hovercraft and parts. Hovercraft means a self-propelled motorized ground effect (1) Used with electronic equipment that vehicle and includes, but is not limited to, reproduces, receives or transmits audio, flarecraft and air cushion vehicles; visual or data signals; and Property of roomers, boarders and other (2) In or upon a "motor vehicle". tenants, except property of roomers and j. $1,500 on portable electronic equipment boarders related to an "insured"; that: (1) Reproduces, receives or transmits audio, visual or data signals; Page 4 of 24 Insurance Services Office, Inc., 2010 HO 00 03 05 11 g. Property in an apartment regularly rented Civil Authority Prohibits Use or held for rental to others by an "insured", If a civil authority prohibits you from use of the except as provided in E.10. Landlord's "residence premises" as a result of direct Furnishings under Section | — Property damage to neighboring premises by a Peril Coverages; Insured Against, we cover the loss as provided h. Property rented or held for rental to others in 1. Additional Living Expense and 2. Fair off the "residence premises"; Rental Value above for no more than two "Business" data, including such data stored weeks. in: Loss Or Expense Not Covered (1) Books of account, drawings or other We do not cover loss or expense due to paper records; or cancellation of a lease or agreement. (2) Computers and related equipment. The periods of time under 1. Additional Living We do cover the cost of blank recording or Expense, 2. Fair Rental Value and 3. Civil storage media and of prerecorded Authority Prohibits Use above are not limited by computer programs available on the retail expiration of this policy. market; E. Additional Coverages j. Credit cards, electronic fund transfer cards 1. Debris Removal or access devices used solely for deposit, a. We will pay your reasonable expense for withdrawal or transfer of funds except as the removal of: provided in E.6. Credit Card, Electronic Fund Transfer Card Or Access Device, (1) Debris of covered property if a Peril Forgery And Counterfeit Money under Insured Against that applies to the Section I — Property Coverages; or damaged property causes the loss; or k. Water or steam. (2) Ash, dust or particles from a volcanic eruption that has caused direct loss to a D. Coverage D - Loss Of Use building or property contained in a The limit of liability for Coverage D is the total limit building. for the coverages in 1. Additional Living Expense, This expense is included in the limit of 2. Fair Rental Value and 3. Civil Authority liability that applies to the damaged Prohibits Use below. property. If the amount to be paid for the 1. Additional Living Expense actual damage to the property plus the If a loss covered under Section | makes that debris removal expense is more than the part of the "residence premises" where you limit of liability for the damaged property, reside not fit to live in, we cover any necessary an additional 5% of that limit is available for increase in living expenses incurred by you so such expense. that your household can maintain its normal We will also pay your reasonable expense, standard of living. up to $1,000, for the removal from the Payment will be for the shortest time required “residence premises" of: to repair or replace the damage or, if you (1) Your trees felled by the peril of permanently relocate, the shortest time Windstorm or Hail or Weight of Ice, required for your household to settle Snow or Sleet; or elsewhere. (2) A neighbor's trees felled by a Peril Fair Rental Value Insured Against under Coverage C; If a loss covered under Section | makes that provided the trees: part of the "residence premises" rented to (3) Damage a covered structure; or others or held for rental by you not fit to live in, we cover the fair rental value of such premises (4) Do not damage a covered structure, less any expenses that do not continue while it ut: is not fit to live in. (a) Block a driveway on the "residence Payment will be for the shortest time required premises" which prevents a "motor to repair or replace such premises. vehicle", that is registered for use on public roads or property, from entering or leaving the "residence