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Filing # 129221734 E-Filed 06/22/2021 10:27:39 AM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND
FOR CHARLOTTE COUNTY, FLORIDA
CASE NUMBER: 21000151CA
LOUISE SCHULZ AND CHARLES SCHULZ,
Plaintiffs,
v
OLYMPUS INSURANCE COMPANY,
Defendant.
/
AMENDED COMPLAINT & DEMAND FOR JURY TRIAL
Plaintiffs Louise Schulz and Charles Schulz, by and through their undersigned counsel
hereby sue Defendant, Olympus Insurance Company and allege as follows:
1 This is an action for breach of contract with damages more than Thirty Thousand Dollars
($30,000.00), exclusive of interest, costs, and attorney’s fees.
2. Atall times material hereto, Plaintiffs were and are Florida residents.
3 Defendant, is upon information and belief, a corporation duly authorized to conduct
business in the State of Florida, and which does issue policies of insurance in Charlotte County,
Florida.
4 Jurisdiction and venue of this matter are proper in Circuit Court for Charlotte County,
Florida.
5 At all times material hereto there was in full force and effect a homeowner’s property
insurance policy believe to be OL30121342-04. A formal copy of the Plaintiffs’ Policy is
attached as Exhibit A.
6 Under Policy’s terms, Defendant insured the Plaintiffs against certain losses to Plaintiffs’
home located in Charlotte County at 5 Amberjack Place, Placida, Florida, 33946 (the
“Property”).
7. On or about September 10, 2017, while the policy was in full force and effect, the
Property sustained damage that was covered under the Policy as a result of Hurricane Irma.
8 Plaintiffs filed a claim with Defendant that was assigned Claim Number
O1C20200800163.
COUNT 1- BREACH OF CONTRACT AGAINST DEFENDANT
Plaintiffs Louise Schulz and Charles Schulz by and through the undersigned attorney sue
Defendant Olympus Insurance Company and allege as follows:
9 Plaintiffs re-allege paragraphs 1 through 8 above and incorporate the same by reference
herein.
10. Plaintiffs are the named insureds under the Policy which was in full force and effect all
times material to this Complaint.
11. All conditions precedent under the Policy for the recovery of benefits have been
performed, complied with, or otherwise waived.
12. Despite receiving Plaintiffs’ demand for payment, Defendant has failed or refused to
fully indemnify Plaintiffs from the amount of loss.
13. Defendant’s refusal to reimburse Plaintiffs adequately for damages and otherwise make
Plaintiffs whole constitutes a breach of contract.
14. Plaintiffs have been damaged because of Defendant’s breach; their damages include
insurance proceeds which have not been paid, interest, costs, and attorney’s fees.
15. Plaintiffs have been and remain fully prepared to comply with all of the Policy’s
obligations.
16. Defendant’s conduct has caused the Plaintiffs to retain the services of the undersigned
attorney to represent them in this action, and Plaintiffs are entitled to recover attorney’s fees and
costs under Sections 627.428, 626.9373, 57.041 and 57.104, Florida Statutes, for such services.
WHEREFORE, Plaintiffs Louise Schulz and Charles Schulz, by and through the
undersigned counsel, demand judgment against Defendant Olympus Insurance Company, for all
damages with interest, costs, attorney fees pursuant to Sections 627.428, 626.9373, 57.041, and
57.104, Florida Statutes, and for all other remedies the Court sees fit to grant, and Plaintiff
demand trial by jury.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of this document will be served on
Defendant along with the Summons in this action.
Date: June 22, 2021
/s/Kevin E. Vorhis
COHEN LAW GROUP
Kevin E. Vorhis
Florida Bar Number: 0118482
FOR THE FIRM
350 North Lake Destiny Road
Maitland, Florida 32751
Phone: (407) 478-4878
Fax: (407) 478-0204
Primary: kvorhis@itsaboutjustice.law
Secondary: rachael@itsaboutjustice.law
EXHIBIT A
INSURANCE INNOVATION THROUGH COVERAGE AND CLAIMS.
SN THINK AHEAD. THINK OLYMPUS.
Regie dads
Doriicy eras
Date: February 22, 2021
To the best of my knowledge the attached policy is a true and exact copy.
Policy Number: O1,30121342-04
Insured: Louise & Charles Schulz
Policy Date: 4/22/17 ~ 4/. ik
Prepared by John Louissaint on: February 22, 2021
Olympus Insurance Representative
Sworn to and subscribed before me at Palm Beach Gardens, FL
This 22™ Day of February 2021
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DEDUCTIBLE TYPE TYPE SUPERIOR BUILT FAMILIES OCCUPANCY
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***Coverage is provided where premiun and limit of liability are shown.
Flood coverage is not provided by this policy.
LAW AND ORDINANCE COVERAGE IS AN IMPORTANT
COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU MAY
ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD
INSURANCE FROM THE NATIONAL FLOOD INSURANCE
PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES. PLEASE DISCUSS THESE
COVERAGES WITH YOUR INSURANCE AGENT.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU
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POLICY NUMBER FOLEY PERI
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POLICY NUMBER: HOMEOWNERS
HO 03 34 05 03
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED FUNGI, WET OR DRY ROT, OR BACTERIA
SECTION Il — LIABILITY COVERAGE
FOR USE WITH ALL FORMS.
SCHEDULE*
Section Il - Coverage E Aggregate Sublimit Of Liability For "Fungi", Wet Or Dry Rot, $50,000
Or Bacteria
*Entries may be left blank if shown elsewhere in this policy for this coverage.
SECTION If — LIABILITY 2. Number of persons injured;
Condition A. Limit Of Liability is replaced by the 3. Number of persons whose property is dam-
following: aged;
A. Limit Of Liability 4. Number of "insureds"; or
Our total liability under Coverage E for all damages 5. Number of "occurrences" or claims made.
resulting from any one “occurrence” will not be This sublimit is within, but does not increase, the
more than the Coverage E limit of liability shown in Coverage E limit of liability. It applies separately to
the Declarations. This limit is the same regardless each consecutive annual period and to any re-
of the number of "insureds", claims-made or per- maining period of less than 12 months, starting
sons injured. All "bodily injury" and "property dam- with the beginning of the policy period shown in the
age" resulting from any one accident or from con- Declarations.
tinuous or repeated exposure to substantially the
same general harmful conditions will be consid- With respect to damages arising out of "fungi", wet or
ered to be the result of one "occurrence". dry rot, or bacteria described in A. Limit Of Liability of
this endorsement, Condition B. Severability Of In-
Our total liability under Coverage F for all medical surance is deleted and replaced by the following:
expense payable for "bodily injury" to one person
as the result of one accident will not be more than B. Severability Of Insurance
the Coverage F limit of liability shown in the Decla- This insurance applies separately to each "in-
rations. sured" except with respect to the Aggregate Sub-
However, our total liability under Coverage E for limit of Liability described in this endorsement un-
the total of all damages arising directly or indirect- der Section ll — Conditions, A. Limit Of Liability.
ly, in whole or in part, out of the actual, alleged or This condition will not increase the limit of liability
threatened inhalation of, ingestion of, contact with, for this coverage.
exposure to, existence of, or presence of any "fun- All other provisions of the policy apply.
gi", wet or dry rot, or bacteria will not be more than
the Section Il - Coverage E Aggregate Sublimit of
Liability shown in the Schedule for "Fungi", Wet Or
Dry Rot, Or Bacteria. This is the most we will pay
regardless of the:
1. Number of locations insured under the policy to
which this endorsement is attached;
HO 03 34 05 03 © ISO Properties, Inc., 2003 Page 1 of 1
HOMEOWNERS
HO 04 96 10 00
THIS ENDORSEMENT DOES NOT CONSTITUTE A REDUCTION OF COVERAGE.
NO SECTION II — LIABILITY COVERAGES FOR
HOME DAY CARE BUSINESS
LIMITED SECTION | - PROPERTY COVERAGES FOR
HOME DAY CARE BUSINESS
"Business", as defined in the policy, means: D. With respect to C. above, home day care service is
1. A trade, profession or occupation engaged in only an example of an activity engaged in for mon-
on a full-time, part-time, or occasional basis; or ey that may be a "business". Any single activity or
combination of activities:
2. Any other activity engaged in for money or
other compensation, except the following: 41. Described in A.2. above, and
a. One or more activities: 2. Engaged in for money by a single "insured";
(1) Not described in b. through d. below; may be considered a “business” if the $2000
and threshold is exceeded.
(2) For which no "insured" receives more With respect to A. through D. above, coverage
than $2000 in total compensation for the does not apply to or is limited with respect to home
12 months before the beginning of the day care service which is a "business". For exam-
policy period; ple, this policy:
b. Volunteer activities for which no money is 41. Does not provide:
received other than payment for expenses a. Section Il coverages. This is because a
incurred to perform the activity; "business" of an "insured" is excluded under
Providing home day care services for which E.2. of Section Il ~ Exclusions;
no compensation is received, other than the Coverage, under Section I, for other struc-
mutual exchange of such services; or tures from which any "business" is conduct-
d
The rendering of home day care services to ed; and
a relative of an "insured". 2. Limits Section I coverage, under Coverage C —
B. If an "insured" regularly provides home day care Special Limits of Liability, for "business" proper-
services to a person or persons other than “in- ty:
sureds" as their trade, profession or occupation, a. On the "residence premises" for the home
that service is a "business". day care "business" to $2,500. This is be-
C. If home day care service is not a given "insured's" cause Category h. (e. in Form HO 00 08)
trade, profession or occupation but is an activity: imposes that limit on "business" property on
the “residence premises";
1. That an "insured" engages in for money or
other compensation; and Away from the "residence premises" for the
home day care "business" to $500. This is
2. From which an “insured” receives more than because Category i. (f. in Form HO 00 08)
$2,000 in total/combined compensation from it imposes that limit on "business" property
and any other activity for the 12 months before away from the "residence premises". Cate-
the beginning of the policy period; gory i. does not apply to property described
the home day care service and other activity will be in Categories j. and k. (g. and h. respective-
considered a "business". ly in Form HO 00 08).
HO 04 96 10 00 Copyright, Insurance Services Office, Inc., 1999 Page 1 of 1
IL P 004 01 04
U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN
ASSETS CONTROL ("OFAC"
ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your
policy. You should read your policy and review your Declarations page for complete information on the coverages
you are provided.
This Notice provides information concerning possible impact on your insurance coverage due to directives issued
by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential
declarations of "national emergency". OFAC has identified and listed numerous:
® Foreign agents;
@ Front organizations;
® Terrorists;
@ Terrorist organizations; and
® Narcotics traffickers;
as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas-
ury's web site — http//www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity
claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and
Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all
provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such
a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC.
Other limitations on the premiums and payments also apply.
IL P 001 014 04 © ISO Properties, Inc., 2004 Page 1 of 1
Notice of Premium Discounts for Hurricane Loss Mitigation
*** Important Information ***
About Your Personal Residential Insurance Policy
Dear Homeowner,
Hurricanes have caused tens of billions of dollars in insured damages and predictions of
more catastrophic hurricanes making landfall in Florida have triggered increases in
insurance premiums to cover potential future losses. Enclosed is information regarding
wind loss mitigation that will make your home more resistant to wind and help protect
your family during a catastrophic event. In addition to reducing your hurricane wind
premium by installing mitigation features, you may also reduce the likelihood of out of
pocket expenses, such as your hurricane deductible, you may otherwise incur after a
catastrophic event.
What factors are considered in establishing my premium?
Your location: The closer a home is to the coast, the more vulnerable it is to damage
caused by hurricane winds. This makes the hurricane-wind premium higher than for
similar homes in other areas of the state.
Your policy: Your insurance policy is divided into two premiums: one for damage caused
by hurricane force winds (burricane-wind) and one for all other damage (all perils), such
as fire.
Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10%
deductible, depending on the actual value of your home. The larger your deductible, the
lower your hurricane-wind premium. However, if you select a higher deductible your out-
of-pocket expenses in the event of a hurricane claim will be higher.
improvements to your home: The state requires insurance companies to offer discounts
for protecting your home against damage caused by hurricane winds. Securing your
roof so it doesn’t blow off and protecting your windows from flying debris are the two
most cost effective measures you can take to safeguard your home and reduce your
hurricane —wind premium. These discounts apply only to the hurricane-wind portion of
your policy.
The costs of the improvement projects vary. Homeowners should contact a licensed
contractor for an estimate. You can find a Certified Contractor in your area by visiting
the Florida Department of Business and Professional Regulation online at
www. myfloridalicense.com.
Your maximum discount: Discounts are not calculated cumulatively. The total discount
is not the sum of the individual discounts. Instead, when one discount is applied, other
discounts are reduced until you reach your maximum discount of 90 %
OIR-B1-1655 (Rev.02/10) Adopted by Rule 680-170.0155
“ions0Loi2isaze420"
How can | take advantage of the discounts?
Homeowners will need a qualified inspector such as a general, building, or residential
contractor licensed under Section 489.111, Florida Statutes, or a professional engineer
licensed under Section 471.015, Florida Statutes, who has passed the appropriate
equivalency test of the Building Code training program as required by Section 553.841,
Florida Statutes, or a professional architect licensed under Section 481.213, Florida
Statutes, or a building code inspector certified under Section 468.607, to inspect the
home to identify potential mitigation measures and verify improvements. For a listing of
individuals and/or inspection companies meeting these qualifications contact your
insurance agent or insurance company.
The following is an example of how much you can reduce your insurance
premium if you have mitigating features on your home. The example is based on
your hurricane-wind premium* of _ $8.577__which is part of your total annual
premium of __ $2,280. Remember, the discounts shown only apply to the
hurricane-wind portion of the premium and the discounts for the construction
techniques and features listed below are not cumulative.
* Wind mitigation credits apply to that portion of your premium that covers
the peril of wind, whether or not a hurricane exists.
Homes built prior to the 2001 building code
Estimated" Annual
Description of Feature Estimated* Premium
Premium (8) is
Discount Percent
Reduced by:
Roof Covering (.e., shingles or tiles)
e Meets the Florida Building Code. 1% $600
« Reinforced Concrete Roof Deck.
(if this feature is installed on your home you
82% $7,033
most likely will not qualify for any other
discount.)
How Your Roof is Attached
. Using a 2" nail spaced at 6" from the edge of 1% $600
the plywood and 12" in the field of the
plywood,
Using a 2 1/2" nail spaced at 6" from the edge 1% $600
of the plywood and 12” in the field of the
plywood,
Using a 2 1/2” nail spaced at 6" from the edge 1% $600
of the plywood and 6" in the field of the
plywood.
OIR-B1-1655 (Rev.02/10) Adopted by Rule 680-170.0155
Roof-to-Wall Connecti
. Using “Toe Nails" ~ defined as three nails 1% $600
driven at an angle through the rafter and into
the top roof.
Using Clips - defined as pieces of metal that 1i% $943
are nailed into the side of the rafter/truss and
into the side of the top plate or wail stud.
Using Single Wraps ~ a single strap that is. 13% $1,U1S
atiached to the side and/or bottom of the top
plate and are nailed to the rafter/truss.
Using Double Wraps - straps are attached to
13% $1,115
the side and/or bottom of the top plate and are
nailed to the rafterftruss.
Roof Shape
« Hip Roof - defined as your roof sloping down 26% $2,230
to meet all your outside walls (like a pyramid).
° Other. 0% $0
Secondary Water Resistance (SWR)
° SWR ~ defined as_a layer of protection 2% $172
between the shingles and the plywood
undemeath that protects the building if the
shingles blow off.
No SWR. 0% $0
Shutters
. None. 0% $o
Intermediate Type —-shutters that are strong 32% $2,745
enough to meet haif the old Miami-Dade
building code standards.
Hurricane Protection Type -- shutters that are 42% $3,602
strong enough to meet the current Miami-
Dade