arrow left
arrow right
  • SHULZ, LOUISE vs. OLYMPUS INSURANCE COMPANYContracts document preview
  • SHULZ, LOUISE vs. OLYMPUS INSURANCE COMPANYContracts document preview
  • SHULZ, LOUISE vs. OLYMPUS INSURANCE COMPANYContracts document preview
  • SHULZ, LOUISE vs. OLYMPUS INSURANCE COMPANYContracts document preview
  • SHULZ, LOUISE vs. OLYMPUS INSURANCE COMPANYContracts document preview
  • SHULZ, LOUISE vs. OLYMPUS INSURANCE COMPANYContracts document preview
  • SHULZ, LOUISE vs. OLYMPUS INSURANCE COMPANYContracts document preview
  • SHULZ, LOUISE vs. OLYMPUS INSURANCE COMPANYContracts document preview
						
                                

Preview

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 Der pat ot esa ol Flor oe 28rtt é 5 ‘tt 08 By Pris ame of Notary Publ mmission £ pires hues tt Pe ee LUC ay Excell) et ue a knees Seer) — a — oe a Olympus Insurance Company Homeo' ers OLYMPUS p.6. Box 32879 Renew Bt n, Paim Bch Gardens, FL 33410 Pr ce mie TIVE 79 EP 4/fen/ 17 POLICY NUMBER FOLEY PERI ROM Agency AM a NDARD SE OL. 4/22/17 i342 | 4/5 2f GL STA E 20. 2 NAMED INSURED AND ADDRESS AGENT ne cep ” oy paps 6 PNETE INCE SERVICE: 5 LOL uk TE EE a 30) UN CHAR HARL, aS SCHHOLE 5 N D g ROA KE E ROAL 300 5= AMBERJ? spe Ry PL ORLANDO £L oe PLACIDA 33948 326 PHONE 4# 27-7 BL 502 BASIC ATTACHED SCHEDULED POLICY POLICY TOTAL COVERAGES ENDORSEMENTS PROPERTY PEES/ ASSESSMENT POLICY PREMIUM PREMIUM PREMIUM TAXES PREMIUM €.0 ae S27 , ce nw ne eee Sein ene LOCATION m 001 we BH dine eee -- ALL OTHER PERILS FORM CONSTRUCTION DATE NUMBER OF DEDUCTIBLE TYPE TYPE SUPERIOR BUILT FAMILIES OCCUPANCY HO 3 ih px 03 2003 Owes HURRICANE DEDUCTIBLE 2% $9,724 LAW AND ORDINANCE PROTECTION CLASS TERRE TORY COUNEY CODE USE oF SB 5 py s ary wee COVERAGE LIMITS AND PREMIUMS ~ SECTION t wees ae o 6 ye) Bb; i é rage 3 Fe re Se 2 3 £3 fe al tee) SHB,BE 9 pr a Gig 397 sm eee COVERAGE LIMITS AND PREMIUMS - SRPTION It scaled -s Cove wa oat a ad sat Ba a) $s ei POLICY CHARGES AND CREDITS ABER E on oe 1€ DB ce th Fi sé, “aa PO. Fee iy ye! Fund St weerge iow " LOCATION (8) OF PROPERTY INSURED vi eso ah tm wwe aA K PL PL AL 3239 eb eww ah win hlne Ae a tee POLICY FORMS AND ENDORSEMENTS atk eee Soe nd a, we NUMBER DATE LIMIT PREMIUM a 15-6 2e ab 96 e. é p v4 4 € A tic oO 314 6 oo ne Le 6 ga at Ro BE ie a 06 Cb ee rage: 20 46 K a: pr LONNotice. o ey ¥e Ket 0 Out re ol Coverage ECT ouNeH20NF natredt Copy "170i 801213428 120° ACE oO Olympus Insurance Company eowners OLYMPUS p.6. Box 32879 eo Paim Bch Gardens, FL 33410 DLC! VE POLICY NUMBER FOLEY PERI ROM Agency OL L34 af22fi7 | df 22618 GL 1s M STANDARL My 30. 272 NAMED INSURED AND ADDRESS AGENT Low. TRUSTEE U: SC 300 5 _AMB. OR 32 LACIDA O46 32€ PHONE 4 407 31 602 pace ree eee eee eee POLICY FORMS AND ENDORSEMENTS ate teen eee eee nee ee NUMBER DATE LIMIT PREMIOM HK 36 ne AeA ne eee wees ***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 IEC overeat nsttredt Olympus Insurance Company Homeownrie S OLYMPUS P.O. Box 32879 $s Reney DP Ext n, Paim Bch Gardens, FL 33410 arATIC un TVOLCce Vv. POLICY NUMBER FOLEY PERI ROM Agency OLS 30 i342 4/22/17 | 4/ 2/18 GL S NDARD Tih E 20. 2 zdTh NAMED INSURED AND ADDRESS AGENT si ” &, ‘HFt LE TRU o EE 3 SO IR ye LOUI UN SERVIC BS On. CLAS LES Si CHOLZ > ROA Ds SU. iy CHAR Fe SAND AKE ROA, & 300 ER. $e Pr AMB. ‘RUe PL 0. RL NDO £L LACIDA 33946- 326 PHONE # 27-7 BL BL o 6 Pe sf O88 MAS ay 1g OF Rie oO, ap, Ag PRE iS PO: cy 8, W HA MAP HES iz op NE MADE LANE IPA oO w aH: AP CAUSE rat it eres ad te bal ai fe ade vou ay From 28 rec a id OF ered. dec et ct aH 30a ve tf oO {DF oO. Ah w your prep dye 16 ¢ co 10%og Pr Ove as dae oO lat ©) th SO va We Prope by aBe ea on ssBY mw ¥ 5p LY A ye Se OR LOSs WHTCH pe Ne CY p. LOW ABOV AM OF Ei C f ORE, RE, AS DUE AE s Vv Re R SE ~S4 ope re B Sx m1 AMT EB AMOUN PRE UM. INC wet k REASE DUE FO OVE: a OVE, RAGE HA ES LS $ 3G Bully C. Baton 6 ANIIG Fg DATE ECT oh 12001 O in eb re PAGE SOF 3 cont soiat 3age220" 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