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Filing # 149930115 E-Filed 05/19/2022 01:49:27 PM
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL
CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 22 000280 CC
ALEJANDRO PEREZ & APM
INVESTMENT GROUP, LLC,
Plaintiffs,
v
FIRST PROTECTIVE INSURANCE
COMPANY, a Florida Corporation,
Defendant(s).
/
PLAINTIFFS’ MOTION FOR LEAVE TO AMEND THE COMPLAINT
Plaintiffs, ALEJANDRO PEREZ and APM INVESTMENT GROUP, LLC (“Plaintiffs”),
by and through its undersigned counsel, and pursuant to Rule 1.190 of the Florida Rules of Civil
Procedure, hereby file this Motion for Leave to Amend the Complaint, and, as grounds thereof,
states as follows:
1 On or about March 29, 2022, Plaintiffs’ undersigned counsel filed a one (1) count
Complaint against Defendant in Circuit Court, for Breach of Contract for water damage that the
subject property sustained to the interior, and alleged a date of loss of September 22, 2021.
2. Plaintiffs’ undersigned counsel seeks leave to amend the Complaint and file an
Amended Complaint in order to add allegations as it pertains to loss profits, including but not
limited to rental income.
3 Under Florida law, a party may amend its pleadings by leave of court, which “shall
be given freely when justice so requires.” Fla. R. Civ. P. 1.190(a) (emphasis added).
CASE NO.: 22 000280 CC
4 As a general rule, “refusal to allow amendment of a pleading constitutes an abuse
of discretion unless it clearly appears that allowing the amendment would prejudice the opposing
party; the privilege to amend has been abused; or amendment would be futile.” Bill Williams Air
Conditioning & Heating, Inc. v. Haymarket Co-op. Bank, 592 So. 2d 302, 305 (Fla. 1st DCA
1991).
5 “In exercising the discretion inherent in the trial court to allow or disallow
amendments, all doubts should be resolved in favor of the former unless the privilege be abused.”
Enstrom vy. Dixon, 354 So. 2d 1251, 1251 (Fla. 4th DCA 1978) (citation omitted); see also Adams
v. Knabb Turpentine Co., Inc., 435 So. 2d 944, 946 (Fla. Ist DCA 1983) (“Although granting leave
to amend rests within the sound discretion of the trial court, all doubts should be resolved in favor
of allowing amendment.”).
6. Furthermore, it is the public policy of the State of Florida to freely allow
amendments to pleadings so that cases may be tried on their merits and justice may be achieved.
Enstrom, 354 So. 2d at 1251.
7 Here, Defendant will suffer no prejudice as a result of the amendment given that
Defendant is on notice as to the Plaintiffs’ policy and the facts of the case.
8 Thus, because Plaintiffs’ proposed Amended Complaint will not prejudice the
Defendant, this Honorable Court should grant Plaintiffs’ Motion for Leave to Amend the
Complaint. (See Exhibit “A,” Plaintiffs’ Proposed Amended Complaint.)
WHEREFORE, Plaintiffs, ALEJANDRO PEREZ and INVESTMENT GROUP, LLC,
respectfully request that the Court enter an Order (1) granting this motion; (2) deeming the
Amended Complaint as filed; and (3) granting any other relief deemed just and proper.
Page 2 of 3
FLORIDA GENERAL COUNSEL, P.A.
3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500
CASE NO.: 22 000280 CC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed and served
in compliance with Fla. R. Jud. Admin. 2.516 on this 19" day of May, 2022.
By: /s/ Nabila Torres
NABILA TORRES, ESQ.
Florida Bar No. 118942
HUGO L. GARCIA, ESQ.
Florida Bar No. 1002333
GIULIANA DI CROCE, ESQ.
Florida Bar No. 1030876
FLORIDA GENERAL COUNSEL, P.A.
3401 NW 82 Ave, Suite 360
Doral, FL 33122
Phone: (305) 704-2500
E-mail: NTorres@generalcounselfl.com
Attorneys for Plaintiffs
Page 3 of 3
FLORIDA GENERAL COUNSEL, P.A.
3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500
EXHIBIT "A"
IN THE COUNTY COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.: 22 000280 CC
ALEJANDRO PEREZ & APM
INVESTMENT GROUP, LLC,
Plaintiffs,
Vv.
FIRST PROTECTIVE INSURANCE
COMPANY, a Florida Corporation,
Defendant(s).
/
PLAINTIFFS’ AMENDED COMPLAINT
Plaintiffs, ALEJANDRO PEREZ and INVESTMENT GROUP, LLC, by and through the
undersigned counsel, hereby sues Defendant, FIRST PROTECTIVE INSURANCE COMPANY,
and, in support thereof, alleges as follows:
PARTIES
1 Plaintiffs, ALEJANDRO PEREZ and INVESTMENT GROUP, LLC,
(“Plaintiffs”), own, and at all times herein mentioned owned, real property in Charlotte County,
Florida and is otherwise sui juris.
2. Defendant FIRST PROTECTIVE INSURANCE COMPANY (“Defendant”), is,
and at all times herein mentioned was, a Corporation organized and existing under the laws of the
State of Florida, who conducted business operations in Charlotte County, Florida for the purposes
of selling homeowner insurance policies.
JURISDICTION AND VENUE
3 This is an action for damages, that exceeds Thirty Thousand Dollars ($30,000.00),
exclusive of interest, costs, and attorneys’ fees.
4 Venue is proper in Charlotte County, Florida because this is the county where: (1)
the acts and omissions alleged herein occurred; (2) the causes of action alleged herein accrued;
and (3) the subject property is situated.
GENERAL ALLEGATIONS
5 Plaintiff owns the subject property: 3106 HARBOR BLVD., APT. 3B, PORT
CHARLOTTE, FLORIDA 33952 (“Property”).
6 As such, Plaintiff purchased from Defendant, by and through the payments of
premiums, a certain homeowner’s insurance policy bearing policy number: 8422418954 (the
“Policy”). (A true and correct copy of the Policy, as certified by Defendant, is attached hereto as
Exhibit “A” and made part of this Amended Complaint.)
7 The Policy was issued by Defendant to Plaintiff.
8 Pursuant to the Policy’s provisions, Defendant provided insurance coverage for the
Property.
9 On or about September 22, 2021, while the Policy was in full force and effect, the
Property sustained water damage to the interior of the property during that time period (the “Loss”
or “Claim”).
10. The Claim is, and at all times herein mentioned was, a covered peril under the
Policy.
11. Plaintiff notified Defendant of the Loss and performed all conditions precedent.
Page 2 of 6
FLORIDA GENERAL COUNSEL, P.A.
3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500
12. In fact, Defendant acknowledged the Claim and assigned the following claim
number: 01000050515.
13. However, Defendant, despite having received, processed, and investigated the
Claim, has refused, and continues to refuse, to cover the Claim and/or render full payment to
Plaintiff for the Claim.
14. Defendant’s denial of insurance coverage and/or refusal to render all insurance
benefits and/or proceeds under the Policy for the Claim to Plaintiff is contrary to the terms and
provisions of the Policy and is a material breach of said Policy (insurance contract).
15. As a result of Defendant’s acts and/or omissions, Plaintiff has suffered, and
continues to suffer, damages.
16. Additionally, as a result of Defendant’s acts and/or omissions, Plaintiff was
required to retain the legal services of: FLORIDA GENERAL COUNSEL, P.A., for the purposes
of prosecuting the underlying action and is entitled to reasonable attorneys’ fees and costs as
allowed under Section 57.041, Florida Statutes, Section 57.104, Florida Statutes, and as mandated
by Section 627.428, Florida Statutes.
17. All conditions precedent to bringing this action have been performed, satisfied,
and/or executed by Plaintiff and/or waived by Defendant’s acts and/or omissions.
[SPACE INTENTIONALLY LEFT BLANK]
Page 3 of 6
FLORIDA GENERAL COUNSEL, P.A.
3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500
COUNT I- BREACH OF CONTRACT AGAINST DEFENDANT
18. Plaintiff repeats, re-alleges, and incorporates by reference each and every allegation
contained in Paragraphs one (1) through seventeen (17) as if fully set forth herein.
19. Plaintiff purchased from Defendant, by and through the payments of premiums, a
Policy (insurance contract). (See Ex. A, the certified Policy.)
20. The Policy was issued by Defendant to Plaintiff.
21. On or about September 22, 2021, while the Policy was in full force and effect,
Plaintiff suffered a Loss to the Property.
22. The Claim is, and at all times herein mentioned was, a covered peril under the
Policy.
23. Plaintiff notified Defendant of the Loss and performed all conditions precedent.
24. In fact, Defendant acknowledged the Claim and assigned the following claim
number: 01000050515.
25. However, Defendant, despite having received, processed, and investigated the
Claim, has refused, and continues to refuse, to cover the Claim and/or render full payment to
Plaintiff for the Claim.
26. Furthermore, under the Policy, Special Provisions—Florida, “Coverage D—
Loss of Use,” provides that “Ifa loss covered under this Section makes that part of the “residence
premises” rented to others or held for rental by you not fit to live in, we cover the Fair Rental
Value, meaning the fair rental value of that part of the “residence premises” rented to others or
held for rental by you, less any expenses that do not continue while the premises is not fit to live
in.”
Page 4 of 6
FLORIDA GENERAL COUNSEL, P.A.
3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500
27. Prior to the water damages sustained to Property, Plaintiffs used the Property as a
rental.
28. Due to Defendant’s refusal to cover the Claim and/or render full payment to
Plaintiff for the Claim, the Property unit is empty and unable to be rented in its current condition.
29. In fact, Plaintiffs are being prejudiced each and every month by their inability to
rent the property to tenants.
30. As a direct and proximate cause of Defendant’s acts and/or omissions, Plaintiff has
suffered, and continues to suffer, damages in rental income and association costs.
31. Defendant’s denial of insurance coverage and/or refusal to render all insurance
benefits and/or proceeds under the Policy for the Claim to Plaintiff is contrary to the terms and
provisions of the Policy and is a material breach of said Policy (insurance contract).
32. As a direct and proximate cause of Defendant’s acts and/or omissions, Plaintiff has
suffered, and continues to suffer, damages.
33. Additionally, as a direct and proximate cause of Defendant’s denial of insurance
coverage and/or refusal to render all insurance benefits and/or proceeds under the Policy for the
Claim to Plaintiff, Plaintiff was required to retain the legal services of: FLORIDA GENERAL
COUNSEL, P.A., for the purposes of prosecuting the underlying action and is entitled to
reasonable attorneys’ fees and costs as allowed under Section 57.041, Florida Statutes, Section
57.104, Florida Statutes, and as mandated by Section 627.428, Florida Statutes.
WHERFORE, Plaintiffs, ALEJANDRO PEREZ and APM INVESTMENT GROUP,
LLC, respectfully demands judgment for damages, including lost profits, against Defendant,
FIRST PROTECTIVE INSURANCE COMPANY, including interest, costs, and reasonable
attorneys’ fees pursuant to Section 57.041, Florida Statutes, Section 57.104, Florida Statutes,
Page 5 of 6
FLORIDA GENERAL COUNSEL, P.A.
3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500
Section 627.428, Florida Statutes and/or Section 626.9373, Florida Statutes, Florida Law and as
mandated by Section 627.428, Florida Statutes, and for any other relief this Court deems just and
proper.
DEMAND FOR JURY TRIAL
Plaintiffs, ALEJANDRO PEREZ and APM INVESTMENT GROUP, LLC, also demands
a trial by jury on all issues so triable as a matter of right.
Dated this 19'" day of May, 2022.
Respectfully submitted,
By: /s/ Nabila Torres
NABILA TORRES, ESQ.
Florida Bar No. 118942
HUGO L. GARCIA, ESQ.
Florida Bar No. 1002333
FLORIDA GENERAL COUNSEL, P.A.
3401 NW 82 Ave, Suite 360
Doral, FL 33122
Phone: (305) 704-2500
E-mail: NTorres@generalcounselfl.com
Attorneys for Plaintiffs
Page 6 of 6
FLORIDA GENERAL COUNSEL, P.A.
3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500
EXHIBIT "A"
FRONTIline HOMEOWNERS POLICY
INSURANCE NEW BUSINESS DECLARATIONS DATE ISSUED: 07/08/21
Underwritten by: POLICY NUMBER POLICY PERIOD
First Protective Insurance Co. From: To:
PO Box 958405 8422418954 07/08/2021 07/08/2022
Lake Mary, FL 32795 12:01 AM Standard Time
IF YOU HAVE QUESTIONS ABOUT YOUR POLICY, PLEASE CONTACT YOUR AGENT AT 305-842-3600.
TO REPORT A CLAIM, CALL 1-800-675-0145.
INSURED: AGENCY: [_ 523-23-21676
Alejandro Diaz, APM Investment Group, LLC JAG Insurance Group - Coral Gables
3106 HARBOR BLVD APT 3B 999 PONCE DE LEON BLVD STE 800
PORT CHARLOTTE, FL 33952-6734 CORAL GABLES, FL 33134-3042
Telephone: 786-457-1301 Telephone: 305-842-3600
LOCATION OF PROPERTY:
3106 HARBOR BLVD APT 3B, PORT CHARLOTTE, FL 33952-6734
COVERAGE IS PROVIDED WHERE LIMIT OF LIABILITY AND PREMIUM ARE SHOWN.
POLICY COVERAGES:
LIMIT OF LIABILITY PREMIUM
SECTION | - PROPERTY
A. DWELLING $60,000 INCLUDED
C. PERSONAL PROPERTY $15,000 $248
D. LOSS OF USE $6,000 INCLUDED
SECTION | LOSSES ARE SUBJECT TO THE FOLLOWING:
ALL OTHER PERILS DEDUCTIBLE: $1,000
THIS POLICY DOES NOT PROVIDE COVERAGE FOR DAMAGE DUE TO WINDSTORM
(INCLUDING HURRICANE) OR HAIL
SECTION II - LIABILITY
E. PERSONAL LIABILITY $300,000 $18
F. MEDICAL PAYMENTS TO OTHERS $1,000 INCLUDED
OPTIONAL COVERAGES:
LIMITED FUNGI, WET OR DRY ROT, OR BACTERIA (PER $10,000 / $50,000 INCLUDED
OCCURRENCE/AGGREGATE)
LOSS ASSESSMENT COVERAGE $2,000 $4
ORDINANCE OR LAW COVERAGE 25% OF DWELLING INCLUDED
UNIT-OWNERS COVERAGE A SPECIAL COVERAGE INCLUDED $61
UNIT-OWNERS RENTAL TO OTHERS. INCLUDED $62
WATER BACK-UP AND SUMP DISCHARGE OR OVERFLOW $5,000 $25
COVERAGE
POLICY CREDITS AND CHARGES:
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE, $2
POLICY FEE $25
PREMIUM SUMMARY: *** THIS IS NOT A BILL - AN INVOICE WILL BE MAILED SEPARATELY **
POLICY COVERAGES: OPTIONAL COVERAGES: POLICY CREDIT AND CHARGES: TOTAL ANNUAL PREMIUM:
$266.00 $152.00 $27.00 $445.00
ADDITIONAL INTERESTS:
FIM-FL-HO-XW-DEC (01/19) INSURED COPY Page 1of3
FRONTIline HOMEOWNERS POLICY
INSURANCE NEW BUSINESS DECLARATIONS DATE ISSUED: 07/08/21
Underwritten by: POLICY NUMBER POLICY PERIOD
First Protective Insurance Co. From: To:
PO Box 958405 8422418954 07/08/2021 07/08/2022
Lake Mary, FL 32795 12:01 AM Standard Time
INSURED: AGENCY: [_523-23-21676
Alejandro Diaz, APM Investment Group, LLC JAG Insurance Group - Coral Gables
3106 HARBOR BLVD APT 3B 999 PONCE DE LEON BLVD STE 800
PORT CHARLOTTE, FL 33952-6734 CORAL GABLES, FL 33134-3042
Telephone: 786-457-1301 Telephone: 305-842-3600
LOCATION OF PROPERTY:
3106 HARBOR BLVD APT 3B, PORT CHARLOTTE, FL 33952-6734
RATING INFORMATION:
FORM TYPE: HO6 PROTECTION CLASS: 4 CONSTRUCTION TYPE: NUMBER OF FAMILIES: TERRITORY: 711
MASONRY 1
BCEG: 99 YEAR BUILT: 1968 OCCUPANCY: TENANT USAGE: PRIMARY
OCCUPIED
PROTECTIVE DEVICE BURGLAR ALARM: N FIRE ALARM: N SPRINKLERS: N
CREDIT:
FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY:
WELCOME LETTER FP 00 02 (10 08) FP 00 01 (10 08) FP 00 03 (10 08) IL P 001 (01 04) Adverse Letter (08
(10 17) 18)
IFIM-FL-HO-XW-DEC FIM-OC6 (06 15) HO 00 06 (04 91) FIM 00 23 12 16 (12 FIM 00 15 (12 10) FIM 00 17 (12 10)
(01 19) 16
FIM 00 19 (09 09) FIM 00 20 (07 10) FIM 00 24 (06 07) FIM 00 38 (10 11) FIM 00 39 (10 11) FIM 00 42 (06 13)
FIM 00 49 HOG (10 HO 04 94 (03 95) HO 04 95 (11 92) HO 04 96 (04 91) HO 17 32 (04 91) HO 17 33 (04 91)
15)
COUNTERSIGNED BY: it & bgt SIGNED: 07/08/2021
FRONTLINE WEBSITE:
www.frontlineinsurance.com
FRONTLINE EMAIL:
info@frontlineinsurance.com
FIM-FL-HO-XW-DEC (01/19) INSURED COPY Page 20f3
FRONTIline HOMEOWNERS POLICY
INSURANCE NEW BUSINESS DECLARATIONS DATE ISSUED: 07/08/21
Underwritten by: POLICY NUMBER POLICY PERIOD
First Protective Insurance Co. From: To:
PO Box 958405 8422418954 07/08/2021 07/08/2022
Lake Mary, FL 32795 12:01 AM Standard Time
INSURED: AGENCY: [__523-23-21676
Alejandro Diaz, APM Investment Group, LLC JAG Insurance Group - Coral Gables
3106 HARBOR BLVD APT 3B 999 PONCE DE LEON BLVD STE 800
PORT CHARLOTTE, FL 33952-6734 CORAL GABLES, FL 33134-3042
Telephone: 786-457-1301 Telephone: 305-842-3600
LOCATION OF PROPERTY:
3106 HARBOR BLVD APT 3B, PORT CHARLOTTE, FL 33952-6734
THIS POLICY DOES NOT PROVIDE COVERAGE FOR DAMAGE
DUE TO WINDSTORM (INCLUDING HURRICANE) OR HAIL.
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.
FIM-FL-HO-XW-DEC (01/19) INSURED COPY Page 3 of3
Checklist of Coverage
Policy Type:
Homeowners
Named Insured(s): Alejandro Diaz, APM Investment Group, LLC. Policy Number: 8422418954
The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of
the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes
in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation
provisions, surcharges, or credits will be sent separately.
Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages
and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the
event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached
screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium
unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units;
individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments.
and hardware; and electrical fixtures.
A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement.
Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to
the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact
your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer
Services' Helpline at (800) 342-2762 or www.fidfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Replacement
Limit of Insurance: $60,000 Loss Settlement Basis: Cost
(i.e., Replacement Cost, Actual Cash Value, Stated Value, etc.)
Other Structures Coverage (Detached from Dwelling)
NOT
Limit of Insurance: INCLUDED
Replacement Cost - for Buildings Detached from the Dwelling
Loss Settlement Basis:
Actual Cash Value - for Detached Structures Other Than Buildings
(i.e., Replacement Cost, Actual Cash Value, Stated Value, etc.)
Personal Property Coverage
Actual
Limit of Insurance: $15,000 Loss Settlement Basis: Cash Value
(ie., Replacement Cost, Actual Cash Value, Stated Value, etc.)
Deductibles
0% OF
Annual Hurricane: COVERAGE C All Perils (Other Than Hurricane): $1,000
Checklist of Coverage
Checklist of Coverage (continued)
The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against:
(Items below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is NOT included)
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Fire or Lightning
Hurricane
Flood (Including storm surge)
Windstorm or Hail (other than hurricane)
Explosion
Riot or Civil Commotion
Aircraft
Vehicles
Smoke
(Vandalism or Malicious Mischief
Theft
Falling Objects
Weight of Ice, Snow or Sleet
Accidental Discharge or Overflow of Water or Steam
[Sudden and Accidental Tearing Apart, Cracking, Burning or Bulging
Freezing
Sudden and Accidental Damage from Artificially Generated Electrical Current
Volcanic Eruption
Sinkhole
Any Other Peril Not Specifically Excluded (dwelling and other structures only)
Loss of Use Coverage
Coverage |
Limit of Insurance Time Limit
(Items below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is NOT included)
Additional Living Expense Y $6,000 The shortest time required
(The above limit is the to repair or replace the
Fair Rental Value Y damage, up to 24 months
total limit for all Loss of
(Civil Authority Prohibits Use Y Use Coverages combined) 2 Weeks
Property - Additional/Other Coverages
(Items below marked Y (Yes) indicate coverage IS included, Limit of Amount of insurance is an
those marked N (No) indicate coverage is NOT included) Insurance additional amount of coverage or
(if is included within the policy limit.
applicable) Included Additional
Debris Removal Y
Reasonable Repairs Y
Property Removed Y
(Credit Card, Electronic Fund Transfer Card, or Access $500 Y
Device, Forgery and Counterfeit Money
Loss Assessment $2,000
Collapse
Glass or Safety Glazing Material
Landlord's Furnishings
Law and Ordinance 25% OF
DWELLING
Checklist of Coverage
Property - Additional/Other Coverages (continued)
Mold / Fungi $10,000 Y
Grave Markers N
Screen Enclosure Hurricane Damage N
Discounts
(Items below marked Y (Yes) indicate discount IS included, those marked N
(No) indicate discount is NOT included) Dollar ($) Amount of Discount
Sprinkler NIA
Central Burglar Alarm NIA
Central Fire Alarm NIA
Wind Loss Reduction NIA
Building Code Effectiveness Grading
Personal Liability Coverage
Limit of Insurance: $300,000
Medical Payments to Others Coverage
Limit of Insurance: $1,000
Liability - Additional/Other Coverages
(Items below marked Y (Yes) indicate coverage IS included, Limit of Amount of insurance is an
those marked N (No) indicate coverage is NOT included) Insurance additional amount of coverage or
(if is included within the policy limit.
applicable) Included Additional
(Claim Expenses Y
First Aid Expenses Y
Damage to Property of Others $500 Y
Loss Assessment $2,000 Y
Liability - Miscellaneous Coverages
(Items below marked Y (Yes) indicate coverage IS included, Limit of Amount of insurance is an
those marked N (No) indicate coverage is NOT included) Insurance additional amount of coverage or
(if is included within the policy limit.
applicable) Included Additional
Mold / Fungi $50,000 Y
Personal Injury
Animal Liability
HOMEOWNERS. 6-UNIT-OWNERS FORM
AGREEMENT
We will provide the insurance described in this policy in return for the premium and compliance with all applicable
provisions of this policy.
DEFINITIONS
In this policy, "you" and "your" refer to the "named insured” shown in the Declarations and the spouse if a resident of
the same household. "We," "us" and "our" refer to the Company providing this insurance. In addition, certain words
and phrases are defined as follows:
1. "Bodily injury" means bodily harm, sickness or dis- Any premises used by you in connection with a
ease, including required care, loss of services and premises in 4.a, and 4.b, above;
death that results.
Any part of a premises:
"Business" includes trade, profession or occupation.
(1) Not owned by an “insured”; and
"Insured" means you and residents of your household
who are: (2) Where an "insured" is temporarily residing;
a. Your relatives; or Vacant land, other than farm land, owned by or
rented to an "insured";
b. Other persons under the age of 21 and in the care
of any person named above. Land owned by or rented to an "insured" on which
a one or two family dwelling is being built as a
Under Section II, "insured" also means: residence for an "insured";
c. With respect to animals or watercraft to which this Individual or family cemetery plots or burial vaults
policy applies, any person or organization legally of an "insured"; or
responsible for these animals or watercraft which
are owned by you or any person included in 3.a. Any part of a premises occasionally rented to an
or 3.b. above. A person or organization using or "insured" for other than "business" use.
having custody of these animals or watercraft in
the course of any "business" or without consent of "Occurrence" means an accident, including con-
the owner is not an "insured"; tinuous or repeated exposure to substantially the
same general harmful conditions, which results,
With respect to any vehicle to which this policy during the policy period, in:
applies:
a. "Bodily injury"; or
(1) Persons while engaged in your employ or that
of any person included in 3.a. or 3.b. above; or b. "Property damage.”
(2) Other persons using the vehicle on an "insured "Property damage” means physical injury to, destruc-
location” with your consent. tion of, or loss of use of tangible property.
"Insured location" means: "Residence employee" means:
a. The "residence premises"; a. An employee of an "insured" whose duties are re-
lated to the maintenance or use of the "residence
b. The part of other premises, other structures and premises," including household or domestic ser-
grounds used by you as a residence and: vices; or
(1) Which is shown in the Declarations; or One who performs similar duties elsewhere not
related to the "business" of an “insured.”
(2) Which is acquired by you during the policy
period for your use as a residence; "Residence premises" means the unit where you
reside shown as the "residence premises” in the
Declarations.
ID: Hood6N1 Copyright, Insurance Services Office, Inc., 1990 HO 00 06 04 91
Page 1 of 15
SECTION | - PROPERTY COVERAGES
COVERAGE A--Dwelling $1000 on watercraft, includin their trailers, furnish-
ings, equipment and outboard engines or motors.
We cover:
1 The alterations, appliances, fixtures and improve-
$1000 on trailers not used with watercraft.
ments which are part of the building contained within $1000 for loss by theft of jewelry, watches, furs,
the "residence premises"; precious and semi-precious stones.
Items of real proper ty which pertain exclusively to the
"residence premises"; $2000 for loss by theft of firearms.
Property which is your insurance responsibility under $2500 for loss by theft of silverware, silver-plated
a corporation or association of property ‘owners ware, goldware, jold-plated ware and pewterware.
agreement; or This includes flat are, hollowware, tea sets, trays
and trophies made of or including silver, gold or
Structures owned solely by you, other than the pewter.
"residence remises,” at“ the location of the
“residence premises.” $2500 on property, on the "residence premises,"
used at any time or in any manner for any "busi-
This coverage does not apply to land, including land on ness” purpose.
which the "residence premises,” real property or struc-
tures are located. $250 on proj
We do not cover:
premises,” used ata away from
ny time or in
the "residence
any manner for
1 Structures used in whole or in part for "business" pur-
not "business" purpose. However,
apply to
as described
loss to adaptable electronic a
in Special Limits 10. and 11. bel
this limit does
iow.
poses; or
10. $1000 for loss to electronic apparatus, while in or
2. Structures rented or held for rental to any person not upon a motor vehicle or other motorized land con-
a tenant of the "residence premises,” unless used
solely as a private garage.
vehicle or conveyance
fh
veyance, if the electronic ap) aratus is equipped to
be operated by power from tl e electrical system of
the while retaining its
Be
COVERAGE C--Personal Property capabili of being operated by other sources of
power. ctronic apparatus includes:
We cover personal property owned or used by an "in-
sured” while it is anywhere in the world. At your request, a. Accessories or antennas; or
we will cover personal property owne yi
b. Tapes, wires, records, discs or other media;
1. Others while the property is on the part of the
"residence premises” occupied by an "insured"; for use with any electronic apparatus.
2. A guest or a "residence employee," while the 1 $1000 for loss to electronic apparatus, while not in
prop erty
sured.
is in any residence occupied by an "in- or upon a motor vehicle or other motorized land
conveyance, if the electronic apparatus:
Our limit of liability for personal property usually located a. Is equip, id to be operated by power from the
at an "insured’s" residence, other than the "residence electrical system of the vehicle or conveyance
premises," is 10% of the limit of liability for Coverage C, while retaining its capability of being operated
or $1000, whichever is eater. Personal propel ina by other sources of power;
newl acquired principal residence is not subject fo this
limitation for the 30 days from the time you begin to b. Is away from the "residence premises"; and
move the property there.
c. Is used at any time or in any manner for any
Special Limits of Liabi These limits do not increase "business" purpose.
the Coverage C limit of Hadi ity. The special limit for each
numbered category below is the total limit for each loss Electronic apparatus includes:
for all property in that category.
a Accessories or antennas; or
1. $200 on money, bank notes, bullion, gold other than
goldware, silver other than sil i lverware, platinum, coins b. Tapes, wires, records, discs or other media;
and medals.
for use with any electronic apparatus.
$1000 on securities, accounts, deeds, evidences of
debt, letters of credit, notes other than bank notes Property Not Covered. We do not cover:
manuscripts, personal records, passports, tickets an
stamps. his dollar limit applies to these categories 1 Articles separately described
Preview
Filing # 149930115 E-Filed 05/19/2022 01:49:27 PM IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 22 000280 CC ALEJANDRO PEREZ & APM INVESTMENT GROUP, LLC, Plaintiffs, v FIRST PROTECTIVE INSURANCE COMPANY, a Florida Corporation, Defendant(s). / PLAINTIFFS’ MOTION FOR LEAVE TO AMEND THE COMPLAINT Plaintiffs, ALEJANDRO PEREZ and APM INVESTMENT GROUP, LLC (“Plaintiffs”), by and through its undersigned counsel, and pursuant to Rule 1.190 of the Florida Rules of Civil Procedure, hereby file this Motion for Leave to Amend the Complaint, and, as grounds thereof, states as follows: 1 On or about March 29, 2022, Plaintiffs’ undersigned counsel filed a one (1) count Complaint against Defendant in Circuit Court, for Breach of Contract for water damage that the subject property sustained to the interior, and alleged a date of loss of September 22, 2021. 2. Plaintiffs’ undersigned counsel seeks leave to amend the Complaint and file an Amended Complaint in order to add allegations as it pertains to loss profits, including but not limited to rental income. 3 Under Florida law, a party may amend its pleadings by leave of court, which “shall be given freely when justice so requires.” Fla. R. Civ. P. 1.190(a) (emphasis added). CASE NO.: 22 000280 CC 4 As a general rule, “refusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party; the privilege to amend has been abused; or amendment would be futile.” Bill Williams Air Conditioning & Heating, Inc. v. Haymarket Co-op. Bank, 592 So. 2d 302, 305 (Fla. 1st DCA 1991). 5 “In exercising the discretion inherent in the trial court to allow or disallow amendments, all doubts should be resolved in favor of the former unless the privilege be abused.” Enstrom vy. Dixon, 354 So. 2d 1251, 1251 (Fla. 4th DCA 1978) (citation omitted); see also Adams v. Knabb Turpentine Co., Inc., 435 So. 2d 944, 946 (Fla. Ist DCA 1983) (“Although granting leave to amend rests within the sound discretion of the trial court, all doubts should be resolved in favor of allowing amendment.”). 6. Furthermore, it is the public policy of the State of Florida to freely allow amendments to pleadings so that cases may be tried on their merits and justice may be achieved. Enstrom, 354 So. 2d at 1251. 7 Here, Defendant will suffer no prejudice as a result of the amendment given that Defendant is on notice as to the Plaintiffs’ policy and the facts of the case. 8 Thus, because Plaintiffs’ proposed Amended Complaint will not prejudice the Defendant, this Honorable Court should grant Plaintiffs’ Motion for Leave to Amend the Complaint. (See Exhibit “A,” Plaintiffs’ Proposed Amended Complaint.) WHEREFORE, Plaintiffs, ALEJANDRO PEREZ and INVESTMENT GROUP, LLC, respectfully request that the Court enter an Order (1) granting this motion; (2) deeming the Amended Complaint as filed; and (3) granting any other relief deemed just and proper. Page 2 of 3 FLORIDA GENERAL COUNSEL, P.A. 3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500 CASE NO.: 22 000280 CC CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed and served in compliance with Fla. R. Jud. Admin. 2.516 on this 19" day of May, 2022. By: /s/ Nabila Torres NABILA TORRES, ESQ. Florida Bar No. 118942 HUGO L. GARCIA, ESQ. Florida Bar No. 1002333 GIULIANA DI CROCE, ESQ. Florida Bar No. 1030876 FLORIDA GENERAL COUNSEL, P.A. 3401 NW 82 Ave, Suite 360 Doral, FL 33122 Phone: (305) 704-2500 E-mail: NTorres@generalcounselfl.com Attorneys for Plaintiffs Page 3 of 3 FLORIDA GENERAL COUNSEL, P.A. 3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500 EXHIBIT "A" IN THE COUNTY COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 22 000280 CC ALEJANDRO PEREZ & APM INVESTMENT GROUP, LLC, Plaintiffs, Vv. FIRST PROTECTIVE INSURANCE COMPANY, a Florida Corporation, Defendant(s). / PLAINTIFFS’ AMENDED COMPLAINT Plaintiffs, ALEJANDRO PEREZ and INVESTMENT GROUP, LLC, by and through the undersigned counsel, hereby sues Defendant, FIRST PROTECTIVE INSURANCE COMPANY, and, in support thereof, alleges as follows: PARTIES 1 Plaintiffs, ALEJANDRO PEREZ and INVESTMENT GROUP, LLC, (“Plaintiffs”), own, and at all times herein mentioned owned, real property in Charlotte County, Florida and is otherwise sui juris. 2. Defendant FIRST PROTECTIVE INSURANCE COMPANY (“Defendant”), is, and at all times herein mentioned was, a Corporation organized and existing under the laws of the State of Florida, who conducted business operations in Charlotte County, Florida for the purposes of selling homeowner insurance policies. JURISDICTION AND VENUE 3 This is an action for damages, that exceeds Thirty Thousand Dollars ($30,000.00), exclusive of interest, costs, and attorneys’ fees. 4 Venue is proper in Charlotte County, Florida because this is the county where: (1) the acts and omissions alleged herein occurred; (2) the causes of action alleged herein accrued; and (3) the subject property is situated. GENERAL ALLEGATIONS 5 Plaintiff owns the subject property: 3106 HARBOR BLVD., APT. 3B, PORT CHARLOTTE, FLORIDA 33952 (“Property”). 6 As such, Plaintiff purchased from Defendant, by and through the payments of premiums, a certain homeowner’s insurance policy bearing policy number: 8422418954 (the “Policy”). (A true and correct copy of the Policy, as certified by Defendant, is attached hereto as Exhibit “A” and made part of this Amended Complaint.) 7 The Policy was issued by Defendant to Plaintiff. 8 Pursuant to the Policy’s provisions, Defendant provided insurance coverage for the Property. 9 On or about September 22, 2021, while the Policy was in full force and effect, the Property sustained water damage to the interior of the property during that time period (the “Loss” or “Claim”). 10. The Claim is, and at all times herein mentioned was, a covered peril under the Policy. 11. Plaintiff notified Defendant of the Loss and performed all conditions precedent. Page 2 of 6 FLORIDA GENERAL COUNSEL, P.A. 3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500 12. In fact, Defendant acknowledged the Claim and assigned the following claim number: 01000050515. 13. However, Defendant, despite having received, processed, and investigated the Claim, has refused, and continues to refuse, to cover the Claim and/or render full payment to Plaintiff for the Claim. 14. Defendant’s denial of insurance coverage and/or refusal to render all insurance benefits and/or proceeds under the Policy for the Claim to Plaintiff is contrary to the terms and provisions of the Policy and is a material breach of said Policy (insurance contract). 15. As a result of Defendant’s acts and/or omissions, Plaintiff has suffered, and continues to suffer, damages. 16. Additionally, as a result of Defendant’s acts and/or omissions, Plaintiff was required to retain the legal services of: FLORIDA GENERAL COUNSEL, P.A., for the purposes of prosecuting the underlying action and is entitled to reasonable attorneys’ fees and costs as allowed under Section 57.041, Florida Statutes, Section 57.104, Florida Statutes, and as mandated by Section 627.428, Florida Statutes. 17. All conditions precedent to bringing this action have been performed, satisfied, and/or executed by Plaintiff and/or waived by Defendant’s acts and/or omissions. [SPACE INTENTIONALLY LEFT BLANK] Page 3 of 6 FLORIDA GENERAL COUNSEL, P.A. 3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500 COUNT I- BREACH OF CONTRACT AGAINST DEFENDANT 18. Plaintiff repeats, re-alleges, and incorporates by reference each and every allegation contained in Paragraphs one (1) through seventeen (17) as if fully set forth herein. 19. Plaintiff purchased from Defendant, by and through the payments of premiums, a Policy (insurance contract). (See Ex. A, the certified Policy.) 20. The Policy was issued by Defendant to Plaintiff. 21. On or about September 22, 2021, while the Policy was in full force and effect, Plaintiff suffered a Loss to the Property. 22. The Claim is, and at all times herein mentioned was, a covered peril under the Policy. 23. Plaintiff notified Defendant of the Loss and performed all conditions precedent. 24. In fact, Defendant acknowledged the Claim and assigned the following claim number: 01000050515. 25. However, Defendant, despite having received, processed, and investigated the Claim, has refused, and continues to refuse, to cover the Claim and/or render full payment to Plaintiff for the Claim. 26. Furthermore, under the Policy, Special Provisions—Florida, “Coverage D— Loss of Use,” provides that “Ifa loss covered under this Section makes that part of the “residence premises” rented to others or held for rental by you not fit to live in, we cover the Fair Rental Value, meaning the fair rental value of that part of the “residence premises” rented to others or held for rental by you, less any expenses that do not continue while the premises is not fit to live in.” Page 4 of 6 FLORIDA GENERAL COUNSEL, P.A. 3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500 27. Prior to the water damages sustained to Property, Plaintiffs used the Property as a rental. 28. Due to Defendant’s refusal to cover the Claim and/or render full payment to Plaintiff for the Claim, the Property unit is empty and unable to be rented in its current condition. 29. In fact, Plaintiffs are being prejudiced each and every month by their inability to rent the property to tenants. 30. As a direct and proximate cause of Defendant’s acts and/or omissions, Plaintiff has suffered, and continues to suffer, damages in rental income and association costs. 31. Defendant’s denial of insurance coverage and/or refusal to render all insurance benefits and/or proceeds under the Policy for the Claim to Plaintiff is contrary to the terms and provisions of the Policy and is a material breach of said Policy (insurance contract). 32. As a direct and proximate cause of Defendant’s acts and/or omissions, Plaintiff has suffered, and continues to suffer, damages. 33. Additionally, as a direct and proximate cause of Defendant’s denial of insurance coverage and/or refusal to render all insurance benefits and/or proceeds under the Policy for the Claim to Plaintiff, Plaintiff was required to retain the legal services of: FLORIDA GENERAL COUNSEL, P.A., for the purposes of prosecuting the underlying action and is entitled to reasonable attorneys’ fees and costs as allowed under Section 57.041, Florida Statutes, Section 57.104, Florida Statutes, and as mandated by Section 627.428, Florida Statutes. WHERFORE, Plaintiffs, ALEJANDRO PEREZ and APM INVESTMENT GROUP, LLC, respectfully demands judgment for damages, including lost profits, against Defendant, FIRST PROTECTIVE INSURANCE COMPANY, including interest, costs, and reasonable attorneys’ fees pursuant to Section 57.041, Florida Statutes, Section 57.104, Florida Statutes, Page 5 of 6 FLORIDA GENERAL COUNSEL, P.A. 3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500 Section 627.428, Florida Statutes and/or Section 626.9373, Florida Statutes, Florida Law and as mandated by Section 627.428, Florida Statutes, and for any other relief this Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiffs, ALEJANDRO PEREZ and APM INVESTMENT GROUP, LLC, also demands a trial by jury on all issues so triable as a matter of right. Dated this 19'" day of May, 2022. Respectfully submitted, By: /s/ Nabila Torres NABILA TORRES, ESQ. Florida Bar No. 118942 HUGO L. GARCIA, ESQ. Florida Bar No. 1002333 FLORIDA GENERAL COUNSEL, P.A. 3401 NW 82 Ave, Suite 360 Doral, FL 33122 Phone: (305) 704-2500 E-mail: NTorres@generalcounselfl.com Attorneys for Plaintiffs Page 6 of 6 FLORIDA GENERAL COUNSEL, P.A. 3401 NW 82 Ave | Suite 360 | Doral, Florida 33122 | Office (305) 704-2500 EXHIBIT "A" FRONTIline HOMEOWNERS POLICY INSURANCE NEW BUSINESS DECLARATIONS DATE ISSUED: 07/08/21 Underwritten by: POLICY NUMBER POLICY PERIOD First Protective Insurance Co. From: To: PO Box 958405 8422418954 07/08/2021 07/08/2022 Lake Mary, FL 32795 12:01 AM Standard Time IF YOU HAVE QUESTIONS ABOUT YOUR POLICY, PLEASE CONTACT YOUR AGENT AT 305-842-3600. TO REPORT A CLAIM, CALL 1-800-675-0145. INSURED: AGENCY: [_ 523-23-21676 Alejandro Diaz, APM Investment Group, LLC JAG Insurance Group - Coral Gables 3106 HARBOR BLVD APT 3B 999 PONCE DE LEON BLVD STE 800 PORT CHARLOTTE, FL 33952-6734 CORAL GABLES, FL 33134-3042 Telephone: 786-457-1301 Telephone: 305-842-3600 LOCATION OF PROPERTY: 3106 HARBOR BLVD APT 3B, PORT CHARLOTTE, FL 33952-6734 COVERAGE IS PROVIDED WHERE LIMIT OF LIABILITY AND PREMIUM ARE SHOWN. POLICY COVERAGES: LIMIT OF LIABILITY PREMIUM SECTION | - PROPERTY A. DWELLING $60,000 INCLUDED C. PERSONAL PROPERTY $15,000 $248 D. LOSS OF USE $6,000 INCLUDED SECTION | LOSSES ARE SUBJECT TO THE FOLLOWING: ALL OTHER PERILS DEDUCTIBLE: $1,000 THIS POLICY DOES NOT PROVIDE COVERAGE FOR DAMAGE DUE TO WINDSTORM (INCLUDING HURRICANE) OR HAIL SECTION II - LIABILITY E. PERSONAL LIABILITY $300,000 $18 F. MEDICAL PAYMENTS TO OTHERS $1,000 INCLUDED OPTIONAL COVERAGES: LIMITED FUNGI, WET OR DRY ROT, OR BACTERIA (PER $10,000 / $50,000 INCLUDED OCCURRENCE/AGGREGATE) LOSS ASSESSMENT COVERAGE $2,000 $4 ORDINANCE OR LAW COVERAGE 25% OF DWELLING INCLUDED UNIT-OWNERS COVERAGE A SPECIAL COVERAGE INCLUDED $61 UNIT-OWNERS RENTAL TO OTHERS. INCLUDED $62 WATER BACK-UP AND SUMP DISCHARGE OR OVERFLOW $5,000 $25 COVERAGE POLICY CREDITS AND CHARGES: EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE, $2 POLICY FEE $25 PREMIUM SUMMARY: *** THIS IS NOT A BILL - AN INVOICE WILL BE MAILED SEPARATELY ** POLICY COVERAGES: OPTIONAL COVERAGES: POLICY CREDIT AND CHARGES: TOTAL ANNUAL PREMIUM: $266.00 $152.00 $27.00 $445.00 ADDITIONAL INTERESTS: FIM-FL-HO-XW-DEC (01/19) INSURED COPY Page 1of3 FRONTIline HOMEOWNERS POLICY INSURANCE NEW BUSINESS DECLARATIONS DATE ISSUED: 07/08/21 Underwritten by: POLICY NUMBER POLICY PERIOD First Protective Insurance Co. From: To: PO Box 958405 8422418954 07/08/2021 07/08/2022 Lake Mary, FL 32795 12:01 AM Standard Time INSURED: AGENCY: [_523-23-21676 Alejandro Diaz, APM Investment Group, LLC JAG Insurance Group - Coral Gables 3106 HARBOR BLVD APT 3B 999 PONCE DE LEON BLVD STE 800 PORT CHARLOTTE, FL 33952-6734 CORAL GABLES, FL 33134-3042 Telephone: 786-457-1301 Telephone: 305-842-3600 LOCATION OF PROPERTY: 3106 HARBOR BLVD APT 3B, PORT CHARLOTTE, FL 33952-6734 RATING INFORMATION: FORM TYPE: HO6 PROTECTION CLASS: 4 CONSTRUCTION TYPE: NUMBER OF FAMILIES: TERRITORY: 711 MASONRY 1 BCEG: 99 YEAR BUILT: 1968 OCCUPANCY: TENANT USAGE: PRIMARY OCCUPIED PROTECTIVE DEVICE BURGLAR ALARM: N FIRE ALARM: N SPRINKLERS: N CREDIT: FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY: WELCOME LETTER FP 00 02 (10 08) FP 00 01 (10 08) FP 00 03 (10 08) IL P 001 (01 04) Adverse Letter (08 (10 17) 18) IFIM-FL-HO-XW-DEC FIM-OC6 (06 15) HO 00 06 (04 91) FIM 00 23 12 16 (12 FIM 00 15 (12 10) FIM 00 17 (12 10) (01 19) 16 FIM 00 19 (09 09) FIM 00 20 (07 10) FIM 00 24 (06 07) FIM 00 38 (10 11) FIM 00 39 (10 11) FIM 00 42 (06 13) FIM 00 49 HOG (10 HO 04 94 (03 95) HO 04 95 (11 92) HO 04 96 (04 91) HO 17 32 (04 91) HO 17 33 (04 91) 15) COUNTERSIGNED BY: it & bgt SIGNED: 07/08/2021 FRONTLINE WEBSITE: www.frontlineinsurance.com FRONTLINE EMAIL: info@frontlineinsurance.com FIM-FL-HO-XW-DEC (01/19) INSURED COPY Page 20f3 FRONTIline HOMEOWNERS POLICY INSURANCE NEW BUSINESS DECLARATIONS DATE ISSUED: 07/08/21 Underwritten by: POLICY NUMBER POLICY PERIOD First Protective Insurance Co. From: To: PO Box 958405 8422418954 07/08/2021 07/08/2022 Lake Mary, FL 32795 12:01 AM Standard Time INSURED: AGENCY: [__523-23-21676 Alejandro Diaz, APM Investment Group, LLC JAG Insurance Group - Coral Gables 3106 HARBOR BLVD APT 3B 999 PONCE DE LEON BLVD STE 800 PORT CHARLOTTE, FL 33952-6734 CORAL GABLES, FL 33134-3042 Telephone: 786-457-1301 Telephone: 305-842-3600 LOCATION OF PROPERTY: 3106 HARBOR BLVD APT 3B, PORT CHARLOTTE, FL 33952-6734 THIS POLICY DOES NOT PROVIDE COVERAGE FOR DAMAGE DUE TO WINDSTORM (INCLUDING HURRICANE) OR HAIL. 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. FIM-FL-HO-XW-DEC (01/19) INSURED COPY Page 3 of3 Checklist of Coverage Policy Type: Homeowners Named Insured(s): Alejandro Diaz, APM Investment Group, LLC. Policy Number: 8422418954 The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments. and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services' Helpline at (800) 342-2762 or www.fidfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Replacement Limit of Insurance: $60,000 Loss Settlement Basis: Cost (i.e., Replacement Cost, Actual Cash Value, Stated Value, etc.) Other Structures Coverage (Detached from Dwelling) NOT Limit of Insurance: INCLUDED Replacement Cost - for Buildings Detached from the Dwelling Loss Settlement Basis: Actual Cash Value - for Detached Structures Other Than Buildings (i.e., Replacement Cost, Actual Cash Value, Stated Value, etc.) Personal Property Coverage Actual Limit of Insurance: $15,000 Loss Settlement Basis: Cash Value (ie., Replacement Cost, Actual Cash Value, Stated Value, etc.) Deductibles 0% OF Annual Hurricane: COVERAGE C All Perils (Other Than Hurricane): $1,000 Checklist of Coverage Checklist of Coverage (continued) The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against: (Items below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is NOT included) Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. Fire or Lightning Hurricane Flood (Including storm surge) Windstorm or Hail (other than hurricane) Explosion Riot or Civil Commotion Aircraft Vehicles Smoke (Vandalism or Malicious Mischief Theft Falling Objects Weight of Ice, Snow or Sleet Accidental Discharge or Overflow of Water or Steam [Sudden and Accidental Tearing Apart, Cracking, Burning or Bulging Freezing Sudden and Accidental Damage from Artificially Generated Electrical Current Volcanic Eruption Sinkhole Any Other Peril Not Specifically Excluded (dwelling and other structures only) Loss of Use Coverage Coverage | Limit of Insurance Time Limit (Items below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is NOT included) Additional Living Expense Y $6,000 The shortest time required (The above limit is the to repair or replace the Fair Rental Value Y damage, up to 24 months total limit for all Loss of (Civil Authority Prohibits Use Y Use Coverages combined) 2 Weeks Property - Additional/Other Coverages (Items below marked Y (Yes) indicate coverage IS included, Limit of Amount of insurance is an those marked N (No) indicate coverage is NOT included) Insurance additional amount of coverage or (if is included within the policy limit. applicable) Included Additional Debris Removal Y Reasonable Repairs Y Property Removed Y (Credit Card, Electronic Fund Transfer Card, or Access $500 Y Device, Forgery and Counterfeit Money Loss Assessment $2,000 Collapse Glass or Safety Glazing Material Landlord's Furnishings Law and Ordinance 25% OF DWELLING Checklist of Coverage Property - Additional/Other Coverages (continued) Mold / Fungi $10,000 Y Grave Markers N Screen Enclosure Hurricane Damage N Discounts (Items below marked Y (Yes) indicate discount IS included, those marked N (No) indicate discount is NOT included) Dollar ($) Amount of Discount Sprinkler NIA Central Burglar Alarm NIA Central Fire Alarm NIA Wind Loss Reduction NIA Building Code Effectiveness Grading Personal Liability Coverage Limit of Insurance: $300,000 Medical Payments to Others Coverage Limit of Insurance: $1,000 Liability - Additional/Other Coverages (Items below marked Y (Yes) indicate coverage IS included, Limit of Amount of insurance is an those marked N (No) indicate coverage is NOT included) Insurance additional amount of coverage or (if is included within the policy limit. applicable) Included Additional (Claim Expenses Y First Aid Expenses Y Damage to Property of Others $500 Y Loss Assessment $2,000 Y Liability - Miscellaneous Coverages (Items below marked Y (Yes) indicate coverage IS included, Limit of Amount of insurance is an those marked N (No) indicate coverage is NOT included) Insurance additional amount of coverage or (if is included within the policy limit. applicable) Included Additional Mold / Fungi $50,000 Y Personal Injury Animal Liability HOMEOWNERS. 6-UNIT-OWNERS FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS In this policy, "you" and "your" refer to the "named insured” shown in the Declarations and the spouse if a resident of the same household. "We," "us" and "our" refer to the Company providing this insurance. In addition, certain words and phrases are defined as follows: 1. "Bodily injury" means bodily harm, sickness or dis- Any premises used by you in connection with a ease, including required care, loss of services and premises in 4.a, and 4.b, above; death that results. Any part of a premises: "Business" includes trade, profession or occupation. (1) Not owned by an “insured”; and "Insured" means you and residents of your household who are: (2) Where an "insured" is temporarily residing; a. Your relatives; or Vacant land, other than farm land, owned by or rented to an "insured"; b. Other persons under the age of 21 and in the care of any person named above. Land owned by or rented to an "insured" on which a one or two family dwelling is being built as a Under Section II, "insured" also means: residence for an "insured"; c. With respect to animals or watercraft to which this Individual or family cemetery plots or burial vaults policy applies, any person or organization legally of an "insured"; or responsible for these animals or watercraft which are owned by you or any person included in 3.a. Any part of a premises occasionally rented to an or 3.b. above. A person or organization using or "insured" for other than "business" use. having custody of these animals or watercraft in the course of any "business" or without consent of "Occurrence" means an accident, including con- the owner is not an "insured"; tinuous or repeated exposure to substantially the same general harmful conditions, which results, With respect to any vehicle to which this policy during the policy period, in: applies: a. "Bodily injury"; or (1) Persons while engaged in your employ or that of any person included in 3.a. or 3.b. above; or b. "Property damage.” (2) Other persons using the vehicle on an "insured "Property damage” means physical injury to, destruc- location” with your consent. tion of, or loss of use of tangible property. "Insured location" means: "Residence employee" means: a. The "residence premises"; a. An employee of an "insured" whose duties are re- lated to the maintenance or use of the "residence b. The part of other premises, other structures and premises," including household or domestic ser- grounds used by you as a residence and: vices; or (1) Which is shown in the Declarations; or One who performs similar duties elsewhere not related to the "business" of an “insured.” (2) Which is acquired by you during the policy period for your use as a residence; "Residence premises" means the unit where you reside shown as the "residence premises” in the Declarations. ID: Hood6N1 Copyright, Insurance Services Office, Inc., 1990 HO 00 06 04 91 Page 1 of 15 SECTION | - PROPERTY COVERAGES COVERAGE A--Dwelling $1000 on watercraft, includin their trailers, furnish- ings, equipment and outboard engines or motors. We cover: 1 The alterations, appliances, fixtures and improve- $1000 on trailers not used with watercraft. ments which are part of the building contained within $1000 for loss by theft of jewelry, watches, furs, the "residence premises"; precious and semi-precious stones. Items of real proper ty which pertain exclusively to the "residence premises"; $2000 for loss by theft of firearms. Property which is your insurance responsibility under $2500 for loss by theft of silverware, silver-plated a corporation or association of property ‘owners ware, goldware, jold-plated ware and pewterware. agreement; or This includes flat are, hollowware, tea sets, trays and trophies made of or including silver, gold or Structures owned solely by you, other than the pewter. "residence remises,” at“ the location of the “residence premises.” $2500 on property, on the "residence premises," used at any time or in any manner for any "busi- This coverage does not apply to land, including land on ness” purpose. which the "residence premises,” real property or struc- tures are located. $250 on proj We do not cover: premises,” used ata away from ny time or in the "residence any manner for 1 Structures used in whole or in part for "business" pur- not "business" purpose. However, apply to as described loss to adaptable electronic a in Special Limits 10. and 11. bel this limit does iow. poses; or 10. $1000 for loss to electronic apparatus, while in or 2. Structures rented or held for rental to any person not upon a motor vehicle or other motorized land con- a tenant of the "residence premises,” unless used solely as a private garage. vehicle or conveyance fh veyance, if the electronic ap) aratus is equipped to be operated by power from tl e electrical system of the while retaining its Be COVERAGE C--Personal Property capabili of being operated by other sources of power. ctronic apparatus includes: We cover personal property owned or used by an "in- sured” while it is anywhere in the world. At your request, a. Accessories or antennas; or we will cover personal property owne yi b. Tapes, wires, records, discs or other media; 1. Others while the property is on the part of the "residence premises” occupied by an "insured"; for use with any electronic apparatus. 2. A guest or a "residence employee," while the 1 $1000 for loss to electronic apparatus, while not in prop erty sured. is in any residence occupied by an "in- or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus: Our limit of liability for personal property usually located a. Is equip, id to be operated by power from the at an "insured’s" residence, other than the "residence electrical system of the vehicle or conveyance premises," is 10% of the limit of liability for Coverage C, while retaining its capability of being operated or $1000, whichever is eater. Personal propel ina by other sources of power; newl acquired principal residence is not subject fo this limitation for the 30 days from the time you begin to b. Is away from the "residence premises"; and move the property there. c. Is used at any time or in any manner for any Special Limits of Liabi These limits do not increase "business" purpose. the Coverage C limit of Hadi ity. The special limit for each numbered category below is the total limit for each loss Electronic apparatus includes: for all property in that category. a Accessories or antennas; or 1. $200 on money, bank notes, bullion, gold other than goldware, silver other than sil i lverware, platinum, coins b. Tapes, wires, records, discs or other media; and medals. for use with any electronic apparatus. $1000 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes Property Not Covered. We do not cover: manuscripts, personal records, passports, tickets an stamps. his dollar limit applies to these categories 1 Articles separately described