Preview
Filing # 172759450 E-Filed 05/09/2023 02:08:29 PM
IN THE CIRCUIT COURT OF THE 20"
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
DENNIS E. MOHR AND
HEIDI R. MOHR, CASE NO.: 23001809CA
Plaintiffs,
Vv.
AMERICAN INTEGRITY
INSURANCE COMPANY OF FLORIDA,
Defendant.
/
PLAINTIFFS’ COMPLAINT FOR BREACH OF CONTRACT & DEMAND FOR JURY
TRIAL
COME NOW Plaintiffs, DENNIS E. MOHR AND HEIDI R. MOHR, through the
undersigned counsel, and hereby file this Complaint against Defendant, AMERICAN
INTEGRITY INSURANCE COMPANY OF FLORIDA, and as grounds therefore state as
follows:
1 This is an action for damages in excess of FIFTY THOUSAND DOLLARS
($50,000.00), exclusive of interest, attorneys’ fees and costs, and is otherwise within the
jurisdictional limits of this Court.
2. Atall times material hereto, Defendant was an insurance company authorized to do
business in the State of Florida and doing business in Charlotte County, Florida.
3 Atall times material hereto, the damaged property was located in Charlotte County,
Florida.
4 Prior to September 28, 2022, Plaintiffs sought and purchased homeowner’s
insurance from Defendant to cover the property located at 23173 Hammond Ave, Port Charlotte,
FL 33954 (hereinafter “Insured Property”). Said policy of insurance, which is believed to be Policy
Page 1 of 6
Number AGD10023374, was issued by Defendant to Plaintiffs to provide property insurance
coverage for the Insured Property.
5 At all times material hereto, Plaintiffs and Defendant had a policy of insurance,
Policy No. AGD10023374 (hereinafter “Contract”). A copy of the Contract is attached hereto and
incorporated herein by reference as “Exhibit A”.
6. Plaintiffs have paid the premiums for the Contract prior to September 28, 2022.
7 On or about September 28, 2022, the Insured Property sustained direct physical
damage as a result of Hurricane Ian.
8 The Contract described in Paragraph 5 above was in full force and effect as of
September 28, 2022.
9 Defendant received timely notice of the loss.
10. Defendant assigned the loss reported by Plaintiffs and described in Paragraph 7
above a claim number believed to be CDP-00131770.
11. Defendant and its agents requested and were given access and the opportunity to
inspect the Insured Property and the reported damage arising from the loss described in Paragraph
7 above.
12. This is an action relating to Defendant’s breach of Contract for its failure to
properly pay the full amount of insurance proceeds owed to Plaintiffs.
13. Plaintiffs have complied with section 627.70152, Florida Statute.
14, Jurisdiction and venue of this matter are proper in the Circuit Court for Charlotte
County, Florida.
COUNT I- BREACH OF CONTRACT
Page 2 of 6
15. Plaintiffs reallege and reincorporate paragraphs 1-14 as if fully stated herein, and
further allege as follows:
16. During the above Contract period the Insured Property sustained direct physical
damages.
17. Plaintiffs provided timely notice of the loss, described in Paragraph 7, above to the
Defendant.
18. Plaintiffs have complied with all obligations and conditions precedent to this
lawsuit which would entitle Plaintiffs to recover benefits under the Contract, or such conditions
have been waived.
19, Defendant has failed to provide complete coverage for the physical damages that
occurred during the Contract period.
20. This failure is contrary to the terms of the Contract and constitutes a breach of the
Contract.
21. Plaintiffs have been damaged by this breach in the form of unpaid insurance
proceeds needed to restore the Insured Property to its pre-loss condition as a result of Defendant
refusing to pay the full amount owed under the Contract.
22. As a direct and proximate result of Defendant’s breach of Contract, Plaintiffs have
been required to retain the services of the undersigned attorneys to represent and protect the
interests of Plaintiffs, and Plaintiffs have become obligated to pay them a reasonable fee for their
services in bringing this action.
23. In the event that Plaintiff prevail in this action, Plaintiff is entitled to an award of
attorneys’ fees and costs pursuant to section 627.70152, 627.428, 626.9373 and 57.041, Florida
Statutes and/or other Florida Law.
Page 3 of 6
WHEREFORE, Plaintiffs demand judgment against Defendant for damages, including but
not limited to damages owed under the Contract, attorneys’ fees and costs.
DEMAND FOR JURY TRIAL
Plaintiffs further demand a trial by jury of all issues so triable as a matter of right.
[Certificate of Service on Following Page]
Page 4 of 6
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiffs
925 S. Federal Hwy, 6" Floor
Boca Raton, FL 33432
Phone: (561) 424-0032
Fax: (866) 641-4690
Court Phone Number: (1-888) 824-7834
Email: sforster@kpattorney.com
dpruitt@kpattorney.com
FirstPartyEService@kpattorney.com
By: _/s/ Scott J. Forster
SCOTT J. FORSTER, ESQ.
Florida Bar No.: 1032329
Page 5 of 6
EXHIBIT “A”
AMERICAN
INTEGRITY
INSURAN E GR UP
01/24/2022
Dear DENIS MOHR:
Thank you for trusting American Integrity Insurance with your insurance needs. We're grateful to
have you as part of the family and will work hard, every day, to continue to earn the trust you've
placed in us.
We have enclosed important information pertaining to your American Integrity renewal policy,
including certain forms required by Florida Statute. Please be sure to review all of the enclosed
forms.
Your official renewal policy and payment due notice will be mailed to you separately. If you have
an agreement with your mortgage company for them to pay your premium, the payment due notice
has been sent directly to them. To review your policy or payments due online, simply go to our
Customer Portal at www.myamericanintegrity.com, then use your policy number and create a
password to establish your account.
We know how devastating it can be to experience a loss, which is why American Integrity provides
24/7 Claims reporting. When a loss occurs, be sure the first call you make is to American Integrity
at 1-866-277-9871. You can also file a new claim, and check the status of an existing claim, online
at www.aiclaimsportal.com. Please note that our Claims Portal requires separate login credentials
from our Customer Portal.
American Integrity continues to receive an “A” (Exceptional) financial stability rating from
Demotech, Inc. and an A+ accreditation from the Better Business Bureau. To learn more about
American Integrity, please visit our website, www.aiiflorida.com, and be sure to follow us on
social media for homeowner tips, tropical weather updates, fun facts and much more!
If you have any questions regarding your policy or coverage, please contact your American
Integrity Insurance Agent. Thank you for being part of the American Integrity family.
Sincerely,
CO Petes:
President and CEO
American Integrity Insurance Company of Florida
AllC RN GL 08 19
Fe
ai PN TEGRITY
American Integrity Insurance Company of Florida AIC PS 05 19
PRIVACY STATEMENT
American Integrity Insurance Company of Florida values its relationship with you and recognizes that
customer trust is a fundamental element to any successful relationship. American Integrity will protect
your privacy and the personal information we use to provide you with superior products and services.
We want you to understand how we protect the confidentiality of all personal information obtained in the
course of doing business with you. Our pledge is to protect your privacy whether this information is
received by mail, telephone, Internet, or in person.
Personal Information Collected
American Integrity collects personal information from you when it is necessary in conducting the business
of insurance. Most of the information used in evaluating your application or servicing your policy is shared
with us by you or through your agent. Personal information is also obtained through the claims process.
Depending upon your insurance coverage, we may collect personal information about you from a third
party or a consumer-reporting agency. We also collect information about your transactions with us,
affiliates, or others such as your policy coverage, premiums, payments, and motor vehicle records.
Personal Information Disclosed
American Integrity does not disclose any personal information about current or former customers to
anyone, except as permitted by law or as is necessary in order to provide our products and services to
you.
When possible, we advise our vendors and other non-affiliated third parties, to whom we legally provide
your personal information in the course of conducting our insurance business, of the importance and our
commitment to our privacy statement. We make every effort to only use vendors with the same
commitment to customer privacy.
Security of Personal Information
We maintain physical, electronic, and procedural safeguards to protect your personal information.
Access to personal information about you is restricted to anyone except those employees, employees of
our affiliates, or others who need to know that information to provide products or services to you.
American Integrity works diligently to ensure that our websites are secure. We employ firewalls,
encryption technology, authentication and access control mechanisms to control access to the personal
information that may be shared over these sites. Credit card information is not stored in any database.
This information is kept in a server memory only as long as it is needed.
Verification and Accuracy Rights
Keeping your personal information accurate and up to date is important to us. You have the right to see
and request corrections to the personal information we collected that you feel is inaccurate except for
information relating to a claim or legal proceeding.
Contacting Us
Your trust is one of our most valued assets. We will continually work to protect the privacy of our
customers. Should you have any questions regarding our privacy policy, you may call us directly at 866-
968-8390, or you may write us at:
American Integrity Insurance Company of Florida
Privacy Compliance
5426 Bay Center Drive, Suite 600
Tampa, FL 33609-3440
AllC PS 05 19 Page 1 of 1
American Integrity Insurance Company of Florida AllC DP RWT 01 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITATIONS ON ROOF COVERAGE
GENERAL EXCLUSIONS
DEFINITIONS
With respect to the provisions of this endorsement, the following definitions are added or revised;
“Roof surface” means the:
a. Shingles or tiles;
b. Cladding, underlayment, or decking;
c. Metal or synthetic sheeting or similar materials covering the roof; and
d. Roof flashing.
This includes all materials used in securing the roof surface and all materials applied to or
under the roof surface for moisture protection.
“Roof appliance” means:
a Skylights;
b. Turtle vents;
Cc. Solar panels; or
d. Ridge vents.
“Hurricane occurrence”
A “hurricane occurrence” means a storm system that has been declared to be a hurricane
by the National Hurricane Center of the National Weather Service, with a duration that:
a Begins at the time a hurricane watch or hurricane warning is issued for any part
of Florida by the National Hurricane Center of the National Weather Service;
b. Continues for the time period during which the hurricane conditions exist
anywhere in Florida; and
Ends 72 hours following the termination of the last hurricane watch or hurricane
warning issued for any part of Florida by the National Hurricane Center of the
National Weather Service.
“Named Storm” means a storm system that has been identified as a tropical storm and assigned a
name by the National Hurricane Center (“NHC”). Under the terms of this endorsement, a Named
Storm begins at the time a Tropical Storm Watch or Warning is issued by the NHC for the county in
which the affected premises are located, and ends 72 hours after the termination of the last Tropical
Storm Watch or Warning issued for that area by the NHC.
The following is added under GENERAL EXCLUSIONS:
Notwithstanding any other provisions within the policy, with regard to property described in COVERAGE
A — Dwelling and COVERAGE B - Other Structures, unless loss is caused by a “Hurricane occurrence”
or “Named Storm,” we do not cover loss to a “Roof surface” or “Roof appliance” caused directly or
indirectly by any of the following:
a. Wear and tear, marring, spatter marks, or deterioration;
b. Displacement or removal of roof surface granules that does not result in fracturing, bruising,
puncturing, or other damage to the base material or underlying mat;
Cc. Inherent vice or latent defect;
AllC DP RWT 01 19 Page 1 of 2
American Integrity Insurance Company of Florida AllC DP RWT 01 19
Faulty, inadequate, or defective maintenance
Faulty, inadequate, or defective materials used in repair, construction, renovation, or
remodeling;
Faulty, inadequate, or defective design, specifications, workmanship, repair, construction
renovation, or remodeling; or
g- Settling, shrinking, bulging, or expansion, including resultant cracking.
However, we do cover ensuing loss to property described in COVERAGE A — Dwelling and
COVERAGE B - Other Structures, caused directly or indirectly by a. through g. above unless precluded
by any other provision in this policy.
If damage to a “Roof surface” or “Roof appliance” does not involve a “Hurricane occurrence” or “Named
Storm”, and the cause of loss, that is not otherwise excluded or excepted, is the sole or proximate cause
of loss, such loss is covered
All other provisions of this policy apply.
AllC DP RWT 01 19 Page 2 of 2
American Integrity Insurance Company of Florida AllC DP DO 07 21
DEDUCTIBLE NOTIFICATION OPTIONS
If your policy does not exclude coverage for the peril of Windstorm or Hail, there are
various combinations of All Other Peril and Hurricane deductibles available.
American Integrity offers the opportunity for you to:
1 Select lower deductibles for an additional premium; or
2. Select higher deductibles for a premium discount.
For DP1 a $1,000 All Other Peril and 2% of Coverage A - Dwelling Hurricane
deductibles will apply if you do not make a choice.
All Other Peril deductible options are:
$500;
$1,000;
$2,500;
$5,000;
$10,000;
$15,000; or
$25,000
Hurricane deductible options are:
$500;
2%, 5%, or 10% of Coverage A
Your current selected deductibles will continue unless you elect to make a change.
Not all deductible options may be available due to the type of policy and its dwelling
or personal property coverage limit of liability.
If you have had a hurricane loss under this policy during the calendar year, a lower
selected hurricane deductible will not take effect until Jan. 1 of the following year.
If you select either a 5% or 10% Hurricane deductible, for your Dwelling policy, we
recommend you check with your mortgage company to ensure compliance with the
terms of your mortgage obligations.
Policies that include Sinkhole Loss Coverage, the Sinkhole Loss Coverage
deductible is 10% of the Coverage A — Dwelling limit.
If you have purchased the Flood Coverage endorsement AllC PFL, your Flood
Coverage deductible options are:
$500;
$1,000;
$2,500;
$5,000;
$7,500; or
$10,000
Please contact your agent if you have any questions or to change your deductible.
AllC DP DO 07 21 Page 1 of 1
AMERICAN American Integrity Insurance Company of Florida
5426 Bay Center Drive, Suite 600
INTEGRITY Tampa, FL
POLICY NUMBER:
33609
AGD10023374
DWELLING POLICY DECLARATIONS
POLICY FORM: DP1 (New Issue [X] Renewal Cchange
IMPORTANT PHONE NUMBERS:
Your Agency: (386) 734-5111 Policy Effective Date: 03/25/2022
Customer Service: (866) 968-8390 Policy Expiration Date: 03/25/2023
Claims Reporting: (866) 277-9871 12:01 a.m. STANDARD TIME at the described location
This replaces all previously issued policy declarations
INSURED NAME AND MAIL ADDRESS: YOUR AMERICAN INTEGRITY AGENCY IS:
DENIS MOHR Insurance Land, Inc.
138 WATER ST 120 N Woodland Blvd
TUCKERTON, NJ 08087 Deland, FL 32720-4217
Described Location covered by this policy is:
23173 Hammond AVE, Port Charlotte, FL 33954-3473
County: Charlotte
TOTAL ANNUAL POLICY PREMIUM: $2,424.84
The Hurricane portion of the premium is: $1,225.88
The non-Hurricane portion of the premium is: $510.12
Insurance is provided only with respect to the following coverages for which a limit of liability and/or premium is
specified, subject to all conditions of this policy.
PROPERTY COVERAGES LIMIT OF LIABILITY PREMIUM
Coverage A — Dwelling $370,000 $1,904.00
Coverage B — Other Structures $37,000 Included
Coverage C — Personal Property $22,000 $279.00
DEDUCTIBLES:
In case of a property loss, we only cover that part of the loss over the deductible(s) stated:
All Other Perils: $2,500
Windstorm or Hail (Other Than Hurricane): Not Included
HURRICANE DEDUCTIBLE: 2% of Coverage A $7,400
Sinkhole: Not Included
LIABILITY COVERAGES
Coverage L - Personal Liability $300,000 $98.00
Coverage M - Medical Payments to Others $2,000 Included
OPTIONAL COVERAGES: LIMIT OF LIABILITY PREMIUM
Limited Carport(s), Pool Cage(s), and Screen Enclosure(s) $10,000 $100.00
Limited Fungi, Mold, Wet or Dry Rot, or Bacteria $10,000 Included
AllC DP DEC 12 18 Page 1
AMERICAN American Integrity Insurance Company of Florida
5426 Bay Center Drive, Suite 600
INTEGRITY Tampa, FL
POLICY NUMBER:
33609
AGD10023374
Extended Coverages Included
DISCOUNTS AND SURCHARGES:
Loss History
Wind Loss Mitigation Credit
Total discounts and/or surcharges applied: -$1,326.00
POLICY FEES:
Managing General Agency (MGA) Fee $25.00
Emergency Management Preparedness and Assistance Surcharge $2.00
Florida Insurance Guaranty Association 2022 Assessment $16.84
FORM AND ENDORSEMENTS:
Renewal Greeting Letter AIIC RN GL 08 19
Privacy Statement AIIC PS 05 19
Limitations on Roof Coverage AllC DP RWT 01 19
Deductible Notification Options AllC DP DO 07 21
Assignment Agreement Notice AIIC AA 02 20
Policy Jacket AllC PJ 05 19
Dwelling Property 1 - Basic Form - Index AllC DP1 IDX 07 15
Dwelling Property - 1 - Basic Form DP 00 01 07 88
Personal Liability - Dwelling AllC DP DPL 07 15
Special Provisions for Florida - DP 00 01 Basic Dwelling Form AIIC 01 DP1 SP 12 18
Calendar Year Hurricane Deductible Requirement AllC DP HD 07 15
Limited Carport(s), Pool Cage(s) and Screen Enclosure(s) Coverage AllC DP CPS 07 15
Limited Fungi, Mold, Wet or Dry Rot, or Bacteria Coverage AllC DP LFC 07 15
Outline of your Basic Dwelling Policy AllC DP1 OC 09 17
Checklist of Coverage OIR B1 1670
Notice of Premium Discounts for Hurricane Loss Mitigation OIR B1 1655
Notice of Consumer Reports Ordered and AIIC NCR 08 19
Information Used in Premium Determination
These Declarations together with the Policy Jacket, Policy Form and endorsements, if any, issued to
form a part thereof, complete the above numbered policy.
Authorized Countersignature: CC Cech: Date Signed: 01/24/2022
AllC DP DEC 12 18 Page 2
AMERICAN American Integrity Insurance Company of Florida
5426 Bay Center Drive, Suite 600
INTEGRITY Tampa, FL
POLICY NUMBER:
33609
AGD10023374
RATING INFORMATION
Construction Type: Masonry
Year of Construction: 1999
Type of Residence: Owner Occupied
Dwelling Type: Single Family
Number of Months occupied: 9 to 12 Months
Occupancy: Owner
Protection Class: 04
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 DWELLING 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
AllC DP DEC 12 18 Page 3
AMERICAN American Integrity Insurance Company of Florida
5426 Bay Center Drive, Suite 600
INTEGRITY Tampa, FL
POLICY NUMBER:
33609
AGD10023374
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
YOUR POLICY PROVIDES COVERAGE FORA
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.
A rate adjustment of -$1,287.00 is included to reflect the Windstorm Loss Mitigation Device Discount. This
discount applies only to the wind portion of your premium and can range from a0% to 89% discount.
A rate adjustment of $0.00 is included to reflect the Building Code Effectiveness Grade in your area.
Adjustments range from a 1% surcharge to a 9.8% discount.
Property Coverage limits have increased at renewal due to an inflation factor of 10%, as determined by an
industry approved replacement cost estimator index to maintain insurance to an approximate replacement cost
of the home.
Premium Change Due to Coverage: $174.00.
Premium Change Due to Rate: $91.00.
AllC DP DEC 12 18 Page 4
American Integrity Insurance Company of Florida AlIC AA 02 20
ASSIGNMENT AGREEMENT NOTICE
Please be aware you do not need to enter into an assignment agreement to
access coverage under your homeowners policy.
Florida law relating to assignment agreements (often called Assignment of Benefits or “AOB”)
used for urgent or emergency circumstances has changed effective July 1, 2019.
On and after that date, if you have a homeowners claim and choose to sign an AOB with a
contractor or vendor relating to urgent or emergency circumstances, the amount the contractor
or vendor may charge you for these emergency services could be limited to the greater of
$3,000.00 or 1% of your Coverage A limit.
Urgent or emergency circumstances are defined by statute as “a situation in which a loss to
property, if not addressed immediately, will result in additional damage until measures are
completed to prevent such damage.”
The Florida Office of Insurance Regulation advises taking the following precautionary
measures if you choose to sign an AOB:
. Read your insurance policy and know what your responsibilities are after a loss.
e Contact your insurance company/agent before signing the AOB.
e Read the AOB carefully. Do not feel pressured to sign it.
. Beware of language that allows all proceeds of the claim to be made to anyone other than
you or your mortgage company.
. Do not sign if there are blank spaces in the document.
For additional information, visit the Florida Office of Insurance Regulation AOB Resources
online at: http://www. floir.com/Sections/PandC/AssignmentofBenefits.aspx.
If you enter into an AOB it must be submitted to and received at:
American Integrity Insurance Company
5426 Bay Center Dr.
Suite 600
Tampa Florida, 33609
Below is an excerpt from the legislation (HB 7065, now Chapter No. 2019-57) addressing this
limitation:
If an assignor* acts under an urgent or emergency circumstance to protect property from
damage and executes an assignment agreement to protect, repair, restore, or replace
property or to mitigate against further damage to the property, an assignee** may not
receive an assignment of post-loss benefits under a residential property insurance policy in
excess of the greater of $3,000 or 1 percent of the Coverage A limit under such policy. For
purposes of this paragraph, the term “urgent or emergency circumstance” means a
situation in which a loss to property, if not addressed immediately, will result in additional
damage until measures are completed to prevent such damage.
*Assignor = policyholder **Assignee = contractor or vendor
AlIC AA 02 20 Page 1 of 1
American Integrity Insurance Company of Florida AllC PJ 05 19
American Integrity
Insurance Company
of Florida
Policy Jacket
5426 Bay Center Drive
Suite 600
Tampa, FL 33609-3440
Customer Service: 1-866-968-8390
IN WITNESS WHEREOF: In consideration of your paid premium, American Integrity
Insurance Company of Florida is proud to extend to you the coverage offered by this
insurance contract.
Co Lith oe
President, American Integrity Insurance Company of Florida
AlIC PJ 05 19 Page 1 of 1
American Integrity Insurance Company of Florida AllC DP1 IDX 07 15
DWELLING PROPERTY - 1 —- BASIC FORM - DP 00 01 07 88 - INDEX
Page Number
AGREEMENT
DEFINITIONS
COVERAGES,
COVERAGI wellins
13
COVERAGE B — Other Structures. 1
COVERAGE C - Personal Property.. i
COVERAGE D - Fair Rental Valu:
OTHER COVERAGES 2-3
PERILS INSURED AGAIN: 45
Unless the loss is excluded in General Exclusions, we insure for direct physical loss to the property caused by:
1A. Fire or Lightnin,
2A. Internal Explosiot
When a Premium for Extended Coverage is shown in the Declarations, Perils 2 through 8 are made part of Perils
Insured Against:
Wndstorm or Hail
Explosion
Riot or Civil commotion
Aircraft .
Vehicles.
Smoke
Volcanic Eruption
When a Premium for Vandalism or Malicious Mischief is shown in the Declarations, the following is made part of
the Perils Insured Against:
Vandalism or Malicious Mischiet
GENERAL EXCLUSIONS .
We do not insure for loss caused directly or indirectly by any of the followin
Ordinance or Law
Earth Movement .
Water Damage .
Power Failure
Neglect.
War...
Nuclear Hazard
Intentional Loss...
We do not loss to lawns, plant , shrubs or trees outside of uildings
CONDITIONS ..... 6-9
. Policy Period ..
. Insurable Interest and Limit of Liability
. Concealment or Fraud
. Your Duties After Loss
. Loss Settlement ....
. Loss to a Pair or Set
. Glass Replacement
. Appraisal 6-7
. Other Insui
10. . Subrogation
11 . Suit Against Us .
12. . Our Option ....
13. . Loss Payment.
14 . Abandonment of Property
15. . Mortgage Clause ..
16. . No Benefit to Bailee
17. . Cancellation
18. . Non-Renewal . 7-8
19. . Liberalization Clause
20. . Waiver or Change of Policy Provisions
21 . Assignment
22. . Death......
23. . Nuclear Hazard Claus
24. . Recovered Property
25. . Volcanic Eruption Perioc
Important Note: The endorsements listed on your Policy Declarations and attached to your policy significantly modify
sections of this form and specifically define the terms of your coverage. Please contact your Insurance Agent if you have any
questions concerning your Dwelling Insurance Coverage.
AllC DP1 IDX 07 15 Page 1 of 1
Dwelling Property 1
Basic Form
Ed. 7-88
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
wm
of the same household. "We, ' 'us" and "our" referto the Company providing this insurance.
COVERAGES
This insurance applies to the Described Location, COVERAGE C - Personal Property
Coverages for which a Limit of Liability is shown and We cover personal property, usual to the occupancy
Perils Insured Against for which a Premium is stated. as a dwelling and owned or used by you or members
COVERAGE A - Dwelling of your family residing with you while it is on the De-
We cover: scribed Location. At your request, we will cover per-
sonal property owned by a guest or servant while the
1 the dwelling on the Described Location shown in property is on the Described Location.
the Declarations, used principally for dwelling pur-
poses, including structures attached to the dwell- Property Not Covered. We do not cover:
ing; 1 accounts, bank notes, bills, bullion, coins, curren-
materials and supplies located on or next to the cy, deeds, evidences of debt, gold other than
Described Location used to construct, alter or re- goldware, letters of credit, manuscripts, medals,
pair the dwelling or other structures on the De- money, notes other than bank notes, passports,
scribed Location; and personal records, platinum, securities, silver other
than silverware, tickets and stamps;
if not otherwise covered in this policy, building
equipment and outdoor equipment used for the animals, birds or fish;
service of and located on the Described Location. aircraft and parts. Aircraft means any contrivance
This coverage does not apply to land, including land used or designed for flight, except model or hobby
on which the dwelling is located. aircraft not used or designed to carry people or
cargo;
COVERAGE B - Other Structures
motor vehicles or all other motorized land convey-
We cover other structures on the Described Location, ances. This includes:
set apart from the dwelling by clear space. This in-
cludes structures connected to the dwelling by only a a their equipment and accessories; or
fence, utility line, or similar connection. b any device or instrument for the transmitting,
This coverage does not apply to land, including land recording, receiving or reproduction of sound or
on which the other structures are located.
pictures which is operated by power from the
electrical system of motor vehicles or all other
We do not cover other structures: motorized land conveyances, including:
1. used in whole or in part for commercial, manufac- (1) accessories or antennas; or
turing or farming purposes; or
(2) tapes, wires, records, discs or other media
2. rented or held for rental to any person not a tenant for use with any such device or instrument;
of the dwelling, unless used solely as a private
garage. while in or upon the vehicle or conveyance.
DP 00 01 07 88 Copyright, Insurance Services Office, Inc., 1988, 1992 Page 1 of 9
We do cover vehicles or conveyances not subject OTHER COVERAGES
to motor vehicle registration which are: 1, Other Structures. You may use up to 10% of the
a. used to service the Described Location; or Coverage A limit of liability for loss by a Peril In-
b. designed for assisting the handicapped; sured Against to other structures described in
Coverage B.
watercraft, other than rowboats and canoes;
Payment under this coverage reduces the Cover-
data, including data stored in: age A limit of liability by the amount paid for the
a. books of account, drawings or other paper same loss.
records; or Debris Removal. We will pay your reasonable
b. electronic data processing tapes, wires, rec- expense for the removal of:
ords, discs or other software media. a debris of covered property if a Peril Insured
However, we do cover the cost of blank recording Against causes the loss; or
or storage media, and of pre-recorded computer b ash, dust or particles from a volcanic eruption
programs available on the retail market; that has caused direct loss to a building or
7. credit cards or fund transfer cards. property contained in a building.
If you remove personal property from the Described Debris removal expense is included in the limit of
Location to a newly acquired principal residence, the liability applying to the damaged property.
Coverage C limit of liability will apply at each resi- Improvements, Alterations and Additions. If you
dence for the 30 days immediately after you begin to are a tenant of the Described Location, you may
move the property there. This time period will not use up to 10% of the Coverage C limit of liability
extend beyond the termination of this policy. Our liabil- for loss by a Peril Insured Against to improve-
ity is limited to the proportion of the limit of liability that ments, alterations and additions, made or acquired
the value at each residence bears to the total value of at your expense, to that part of the Described Lo-
all personal property covered by this policy. cation used only by you.
COVERAGE D - Fair Rental Value Payment under this coverage reduces the Cover-
If a loss to property described in Coverage A, B or C age C limit of liability by the amount paid for the
by a Peril Insured Against under this policy makes that same loss.
part of the Described Location rented to others or held
for rental by you unfit for its normal use, we cover its:
Fair Rental Value, meaning the fair rental value of
that part of the Described Location rented to others
or held for rental by you less any expenses that do
not continue while that part of the Described Loca-
tion rented or held for rental is not fit to live in.
Payment will be for the shortest time required to repair
or replace that part of the Described Location rented
or held for rental.
If a civil authority prohibits you from use of the De-
scribed Location as a result of direct damage to a
neighboring location by a Peril Insured Against in this
policy, we cover the Fair Rental Value loss for no
more than two weeks.
The periods of time referenced above are not limited
by the expiration of this policy.
We do not cover loss or expense due to cancellation
of a lease or agreement.
Page 2 of 9 Copyright, Insurance Services Office, Inc., 1988, 1992 DP 00 01 07 88
4. World-Wide Coverage. You may use up to 10% This coverage:
of the Coverage C limit of liability for loss by a Peril a. does not increase the limit of liability that ap-
Insured Against to property covered under Cover- plies to the covered property;
age C while anywhere in the world. This coverage
does not apply to property of guests or servants or b. does not relieve you of your duties, in case of a
to rowboats or canoes. loss to covered property, as set forth in Condi-
tion 4.b.
Payment under this coverage reduces the Cover-
age C limit of liability by the amount paid for the Property Removed. We insure covered property
same loss. against direct loss from any cause while being re-
moved from a premises endangered by a Peril In-
Rental Value. You may use up to 10% of the sured Against and for no more than 5 days while
Coverage A limit of liability for loss of fair rental removed.
value as described in Coverage D. We will pay on-
ly 1/12 of this 10% for each month the rented part This coverage does not change the limit of liability
of the Described Location is unfit for its normal that applies to the property being removed.
use. Fire Department Service Charge. We will pay up
Payment under this coverage reduces the Cover- to $500 for your liability assumed by contract or
age A limit of liability by the amount paid for the agreement for fire department charges incurred
same loss.