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  • MOHR, DENNIS E vs. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDAContracts document preview
  • MOHR, DENNIS E vs. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDAContracts document preview
  • MOHR, DENNIS E vs. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDAContracts document preview
  • MOHR, DENNIS E vs. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDAContracts document preview
  • MOHR, DENNIS E vs. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDAContracts document preview
  • MOHR, DENNIS E vs. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDAContracts document preview
  • MOHR, DENNIS E vs. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDAContracts document preview
  • MOHR, DENNIS E vs. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDAContracts document preview
						
                                

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.