Complaint,Petition: FIRST PROTECTIVE INSURANCE COMPANY, dba FRONTLINE HOMEOWNERS INSURANCE COMPANY Plaintiff vs DEAN, REGINALD et al Defendant

On January 04, 2024 a Complaint,Petition was filed involving a dispute between and Donna Dean, Reginald Dean, for CA Contracts and Indebtedness in the District Court of Lee County.

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Filing # 189130930 E-Filed 01/04/2024 05:13:53 PM

IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR LEE
COUNTY, FLORIDA

Case No.:

FIRST PROTECTIVE INSURANCE Claim No.: 01000069128
COMPANY D/B/A FRONTLINE
HOMEOWNERS INSURANCE
COMPANY,

Plaintiff,
vs.

REGINALD DEAN AND DONNA DEAN,

Defendant.
/

FIRST PROTECTIVE INSURANCE COMPANY’S
PETITION FOR DECLARATORY JUDGMENT

The Petitioner, FIRST PROTECTIVE INSURANCE COMPANY (hereinafter

“FRONTLINE”), by and through the undersigned counsel, hereby files this Petition seeking

Declaratory Judgment Relief pursuant to Chapter 86, Florida Statutes, against the Respondents,

Reginald Dean and Donna Dean, and in support thereof states as follow:

1 This is an action for Declaratory Judgment pursuant to Chapter 86 of the Florida

Statutes within the jurisdiction of the Circuit Court pursuant to Fla. Stat. §86.011.

2 The amount in controversy is in excess of fifty thousand dollars ($50,000.00),

exclusive of interests and costs.

3 Pursuant to Section 86.011, this Court has jurisdiction to declare the rights, status,

and other equitable or legal reasons. The court may render declaratory judgment on the existence

or nonexistence: (1) of any immunity, power, privilege, or right; or (2) of any fact upon which the

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Case No.

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existence or nonexistence of such immunity, power, privileged, or rights does or may depend on

whether such impunity, power, privileged, or right now exists or will arise in the future.

4 Moreover, Section 86.011 further provides that: “Any person seeking a declaratory

judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in

the same action.”

FACTS

5 The Petitioner is a Florida insurance company doing business in the State of

Florida, including Lee County.

6. Petitioner issued a homeowner’s insurance policy to Respondents, Reginald Dean

and Donna Dean, for property located at 16279 Edgemont Drive, Fort Myers, FL 33908.
7
The above-referenced policy, number 0689255082, was in full force and effect

from February 28, 2022, through February 28, 2023, subject to the terms, conditions, exclusions,

and limitations of the subject policy and applicable Florida law. See certified copy of policy

attached hereto as ExhibitA.

8 Respondents reported a claim to Petitioner under the above-referenced policy for

date of loss September 28, 2022.

9 Petitioner assigned claim number 01000069128 to Respondents’ claim.

10. Petitioner extended coverage for the subject loss and issued payments to the

Respondents.

11. Respondents seek an amount greater than those issued by the Petitioner.

12. As there is a disagreement regarding the amount of the covered loss, Petitioner

invoked appraisal pursuant to the apprisal provision of the subject policy of insurance on July 25,

2023.

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13 Specifically, the policy states:

F. Mediation or Appraisal. If you and we fail to agree on the
settlement regarding the loss, prior to filing suit, you must notify us
of your disagreements in writing so that either may:

2. Request an appraisal ofthe loss if we fail to agree on the amount
of the loss.

a. A request for appraisal must be in writing and be signed by all
Named “Insureds” shown in the Declarations. You must comply
with SECTION I — CONDITIONS, C. Duties After Loss before
making a request for appraisal. At least 10 days before
requesting appraisal, the party seeking appraisal must provide
the other party with a written estimate of the amount of any
dispute that results from the covered cause of loss. The estimate
shall include a description of each item of damaged property in
dispute as a result of the covered loss, along with the extent of
damage and the estimated amount to repair or replace the item.

b. In this event, each party will choose a competent appraiser
within 20 days after receiving a written request from the other.
To qualify as a competent appraiser, neither the appraiser nor the
company that employs the appraiser is entitled to receive a fee
that is dependent on the amount of the appraisal award.
However, the payment of an hourly or flat fee shall not render
an appraiser incompetent under this provision.

c. The two appraisers will choose a competent, disinterested
umpire. If they cannot agree upon an umpire within 15 days,
you or we may request that the choice be made by a judge of a
court of record in the state where the “residence premises” i
located.

(See Endorsement FIM 00 23 06 21, beginning on page 37 of 58)

14. The appraisal provision of the subject policy is clear, unambiguous, and valid.

15. Appraisal is appropriate to resolve the disagreement between the parties as to the

extent and value of the damages sustained by Respondents and allegedly covered under the subject

policy.

16. The Petitioner has named Ignacio Hidalgo as its appraiser.

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17. The Respondents have named Jason Male as their appraiser.

18. The Petitioner’s appraiser provided a list of ten proposed umpires to Respondents’

appraiser. See list of proposed umpires attached as Exhibit B.

19. Pursuant to Florida Statute § 627.70151, Appraisal; conflicts of interest.

An insurer that offers residential coverage as defined in s. 627.4025, or a
policyholder that uses an appraisal clause in a property insurance contract to
establish a process for estimating or evaluating the amount of loss through the use
of an impartial umpire, may challenge an umpire’s impartiality and disqualify the
proposed umpire only if:
(1) A familial relationship within the third degree exists between the
umpire and a party or a representative of a party;
(2) The umpire has previously represented a party in a professional
capacity in the same claim or matter involving the same property;
(3) The umpire has represented another person in a professional capacity
on the same or a substantially related matter that includes the claim, the
same property or an adjacent property, and the other person’s interests
are materially adverse to the interests of a party; or
(4) The umpire has worked as an employer or employee of a party within
the preceding 5 years. (emphasis added)

20. None of the proposed umpires provided by the Petitioner meet any of the

disqualification criteria listed in § 627.70151, Florida Statutes, which are the exclusive grounds

upon which a proposed umpire may be challenged.

21. Despite same, Respondents have not agreed to any of the proposed umpires

provided by Petitioner and the parties have been unable to complete the appraisal process.

22. Compliance with the subject policy of insurance is a condition precedent to

recovery.

23. In salient part, the Appraisal provision provides that if two appraisers cannot agree

to an umpire, either the Respondents or Frontline “may request the choice be made by a judge...”

24. A controversy exists as to the appointment of an umpire in this matter and

completion of appraisal pursuant to the policy of insurance at issue.

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25. Frontline believes that the actions by Respondents are in breach of the Appraisal

Provision.

26. There is a bonafide and practical need for a declaration by this Court that deals with

a present and ascertainable set of facts in controversy, as there is a dispute as to whether

Respondents actions constitute a breach of the policy.

27. All the parties have an actual present and adverse interest in the subject matter.

28. Because the parties have uncertainties as to their rights, obligations, and status

under the policy of insurance, Frontline petitions the Court for entry of a declaratory judgment

finding that the appraisal provision in the subject policy of insurance is clear, unambiguous, and

valid; that the Court select a competent and impartial umpire from the list of proposed umpires

provided by the Petitioner; that the parties pay the umpire’s compensation in equal shares; that the

appraisal process be completed within 90 days from the date of this Court’s Order; and granting

any such further relief this Court deems proper.

WHEREFORE, Petitioner prays for the entry of an order granting its petition herein and

that that there be a judgment in favor of FIRST PROTECTIVE INSURANCE COMPANY D/B/A

FRONTLINE HOMEOWNERS INSURANCE COMPANY declaring and ordering:

(1) That the appraisal provision in the subject policy of insurance is clear, unambiguous,

and valid;

(2) That this Honorable Court select a competent and impartial umpire from the list of

proposed umpires provided by the Petitioner;

(3) That the parties pay the umpire’s compensation in equal shares;

(4) That the appraisal process be completed within 90 days from the date of this Order;

(5) Any such further relief this Court deems proper.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
USPS Certified Mail on this 4" day of January 2024 to:

Reginald Dean and Donna Dean
16279 Edgemont Dr
Fort Myers, FL 33908
THE MONSON LAW FIRM
2840 N. University Drive
Coral Springs, FL 33065
Phone: 754-702-9107
Lindsay@MonsonFirm.com

BY: /s/ Lindsay F. LoBello
Lindsay F. LoBello, Esq.
Florida Bar No. 92387

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Case No.

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EXHIBIT A

REGINALD DEAN, DONNA DEAN
16279 EDGEMONT DR
FORT MYERS, FL 33908-3658.

eFiled Lee County Clerk of Courts Page 7
FR INT
INSURANCE

DIGITAL CONTENT NOTICE

Please visit https://customer.frontlineinsurance.com to view your
applicable policy forms and endorsements. If you don’t have a
login you will need to create one. Once logged in, click on your
policy in the “My Policies” tab and scroll down to “Policy
Documents”. You have the right to request and obtain, without
charge, a paper or electronic copy of your policy and
endorsements by contacting your agent or emailing customer
service at customerservice@fihi.com.

You may also download the Frontline app to quickly and
conveniently view your documents. Scan the QR code below to
download our app.

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3)
i

FIM NDR 03 22

eFiled Lee County Clerk of Courts Page 8
FR INT
INSURANCE

Thank you for renewing your Frontline Insurance policy! Because you have Frontline Stepdown
Deductible* Plus and had another claim-free year, you're eligible for more cash back on
your deductibles!

*5 STEPDOWN
YEAR DEDUCTIBLE
*20
‘YEAR2 "40

Liew
YEARS
‘60%
saa naa
YEAR 4
*80
‘YEARS
*100:
YEARS
(Pi you

CLAIM-FREE® YEARS

As you enter your Fifth Year of claim-free* coverage, you're noweligible to receive up to 80% cash
back on your hurricane and AOP deductible** if you have a covered claim with your Frontline
Stepdown Deductible* Plus.
Your savings will continue to grow each consecutive year that passes without a claim on your
underlying policy. After five claim-free* years, your Frontline Stepdown Deductible* Plus will be
worth up to 100% cash back on your hurricane and AOP deductible** if you have a covered claim.

Plus, as a valued partner, you always have access to the Frontline Home Solutions team who can
help you maintain your home year after year.

Thank you for choosing Frontline Insurance and trusting our team to care for your home. If you
have any questions, please call your agent or visit us online at frontlineinsurance.com.

Sincerely,

PITT
Leman Porter
President

“The filing of a hurricane claim will not cause your Frontline Stepdown Deductible’ Policy amount to reset
“AQP Deductible means the deductible for all perils except hurricane which appears on the declarations page of your Frontline
Insurance homeowners of dwelling policy.
IMPORTANT: The description of the Frontline Stepdown Deductible’ Policy contained herein is general in’nature. Coverage under
any homeowners or dwelling policy or under any Frontline Stepdown Deductible’ Policy will be controlled by the terms and
conditions of that policy. The Frontline Stepdown Deductible Policy is a separate policy from a Frontline Insurance homeowners or
dwelling policy. The Frontline Stepdown Deductible” Policy has a separate premium and is issued by an affiliate of the company
issuing the homeowners or dwelling policy, To be eligible for the Frontline Stepdown Deductible’ payment or Stepdown
Deductible Plus payment, you must report your claim within 6 manths of the date of loss and your covered loss must meet or
exceed the applicable deductible.

eFiled Lee County Clerk of Courts Page 9
FR INT
INSURANCE

Identity Theft
Resolution Coverage

ul
MORE THAN ONE
CONSUMERS LOST A NEW VICTIM
IN FOUR ADULTS,
MORE THAN $3.3B TO OCCURS
AGED'S5 AND OVER,
IDENTITY THEFT EVERY TWO
HAVE EXPERIENCED
AND FRAUD IN 2020 SECONDS
IDENTITY THEFT

GET COVERED TODAY

Contact your agent to add this valuable
coverage to your policy.

frontlineinsurance.com

eFiled Lee County Clerk of Courts Page 10
PRIVACY POLICY AND PRACTICES
First Protective's practices for handling customer information are regulated by law. This Privacy
Notice summarizes our company's present practices. The provisions of this notice will apply to
former customers as well as current customers. Our customers are our policyholders.

Our Privacy Policy

Categories of Personal Information We Collect.
Personal information that we collect about you can come from the following sources:
. Information that we receive from you on applications or other forms.
. Information about your transactions with us, our affiliates, or others, such as your
account balances, payment history, and account and claims activity.
Information that we receive from a consumer reporting agency, such as your credit
bureau reports.
Information that we may receive from other sources, such as your insurance agent.

Categories of Affiliates To Whom We May Disclose Personal Information.
Our affiliates are a family of companies including PWC Financial, Inc. and Frontline Insurance
Managers, Inc. Affiliates to which we may disclose personal information about you are in the
business of servicing, processing, or administering insurance operations such as underwriting,
policy administration, and claims handling, or may be involved in marketing products or
services, regulatory compliance, the detection or prevention of fraud, or as otherwise required or
allowed by law. These disclosures may be made without prior authorization from you, as
permitted by law.

Categories of Nonaffiliated Third Parties To Whom We May Disclose Personal
Information.
In conducting our business, we may disclose personal information about you to other parties,
such as insurance agents or brokers, property appraisers, auditors, claim adjusters, reinsurers,
third-party administrators, service companies that maintain and process customer data, and
governmental bodies such as the Florida Department of Financial Services. First Protective may
also disclose personal information to nonaffiliated parties in accordance with applicable law.

FP 00 02 10 08 Page 1 of 2

eFiled Lee County Clerk of Courts Page 11
Sharing Personal Information with Service Providers for Joint Marketing.
First Protective may disclose personal information that we collect to agents and brokers so that
they can market financial products and services, and to service providers that perform services
for us. Any such disclosure is required to be subject to an agreement with us that includes a
confidentiality provision. We do not now disclose personal information to other financial
institutions with which we may have joint marketing arrangements; however, we reserve the
right to do so in the future, subject to the other institution entering into an agreement with us
that includes a confidentiality provision.

Confidentiality and Security of Personal Information.
We do not disclose nonpublic personal information about our customers or former customers
to anyone, except as permitted or required by law. We restrict access to personal information
about you to those employees and representatives who need to know that information to
provide products or services to you, including employees of First Protective and its affiliates, and
non-employees performing business functions for First Protective. First Protective maintains
physical, electronic, and procedural safeguards that comply with federal rules to guard your
nonpublic personal information.

Changes in Privacy Policy.
First Protective may choose to modify this policy at any time. We will notify customers of any
modifications at least annually.

For the purpose of this Notice only, "First Protective" includes the following companies on
whose behalf this notice is being given:

First Protective Insurance Company
PWC Financial, Inc.
Frontline Insurance Managers Inc.

FP 00 02 10 08 Page
2 of 2

eFiled Lee County Clerk of Courts Page 12
In Witness Whereof, the company has caused this policy to be executed and attested, and, if
required by state law, this policy shall not be valid unless countersigned by a duly authorized
representative of the company.

ln Kof
Chairman

FP 00 01 10 08 Page 1 of 1

eFiled Lee County Clerk of Courts Page 13
Dear First Protective Insurance Company Policy Holder:

We would like to take this opportunity to thank you for the confidence you have placed in First
Protective Insurance Company. We appreciate this opportunity to be of service to you and will
continue our efforts to keep the cost of insurance as low as possible.

Providing superior claims service is our business. Should a loss occur, please contact our
claims office toll free at:

1-800-675-0145

Itis imperative that all claims are reported, without delay, directly to our claims office. At that
time, our service representatives will instruct you on proper procedures to follow and help you
mitigate your loss and begin the claims handling process. Again, we sincerely appreciate the
opportunity to serve you. Should you have any questions regarding this letter, please contact
us at 1-800-675-0145.

FP 00 03 10 08 Page
1 of 1

eFiled Lee County Clerk of Courts Page 14
IL P 001 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.

eFiled Lee County Clerk of Courts Page 15
FR INT HOMEOWNERS POLICY
TRANSACTION DATE:
08/19/2022
INSURANCE AMENDED DECLARATIONS. DATE ISSUED: 08/19/22

Underwritten by:
First Protective Insurance Co.
PO Box 958405 0689255082 02/28/2022 02/28/2023
Lake Mary, FL 32795 12:01 AM StandardTime
Reason Amended: Inspection Updates
PRO-RATED CHANGE IN PREMIUM: $0.00

IF YOU HAVE QUESTIONS ABOUT YOUR POLICY, PLEASE CONTACT YOUR AGENT AT 239-947-7474.
TO REPORT A CLAIM, CALL 1-800-675-0145.

REGINALD DEAN, DONNA DEAN ine Insurance
16279 EDGEMONT DR 21105 DESIGN PARC LN STE 103
FORT MYERS, FL 33908-3658 ESTERO, FL 33928-6437
239-216-5615 Telephone: 239-047-7474
16279 EDGEMONT DR, FORT MYEI FL

co PROVIDED IERE iM LIABILITY AND PRE RE SHOWN.

CM LIABILITY REMIUM
SECTION | - PROPERTY
$540,000 $2,479
B, OTHER STRUCTURES $10,800
‘C. PERSONAL PROPERTY $135,000 ($135)
D. LOSS OF USE $59,400 ($199)
SECTION I LOSSES ARE SUBJECT TO THE FOLLOWING:
ALL OTHER PERILS DEDUCTIBLE EXCEPT HURRICANE: $2,500
CALENDAR-YEAR HURRICANE DEDUCTIBLE: $10,800 (2% OF COVERAGE A)
SECTION Il - LIABILITY
E. PERSONAL LIABILITY $300,000 $24
F. WEEN PAYMENTS TO OTHERS $3,000 INCLUDED
NAL SAGES:
BFUNer SRY RO OR BAC RIA( 10,000 0,000 LUDE
OCCURRENCEIAGGREGATE)
LOSS ASSESSMENT COVERAGE $1,000 INCLUDED
ORDINANCE OR LAW COVERAGE 25% OF DWELLING INCLUDED
PERSONAL PROPERTY REPLACEMENT COST LOSS INCLUDED $519
SETTLEMENT
SCREEN ENCLOSURE COVERAGE-HURRICANE DAMAGE $10,000
WATER BACK-UP AND SUMP DISCHARGE OR OVERFLOW $5,000 $25
COVERAGE

NCLUDED
WIND LOSS REDUCTION CREDIT ($3,181.00) INCLUDED
2022 FLORIDA INSURANCE GUARANTY ASSOCIATION SURCHARGE $21.08
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE $2
POLICY FEE $25

7 Mi
vis Vv GE RAGE! POLICY CREDIT AND CHAR'
$2,267.00 $744.00 $48.08 $3,059.08
‘The portion of your premium for Hurricane is $1,989 The Non-Hurricane portion of your premium is $1, 070

FIM-FL-HO-DEC (01/19) INSURED COPY Page 10f4

eFiled Lee County Clerk of Courts Page 16
FR INT HOMEOWNERS POLICY TRANSACTION DATE: 08/19/2022
INSURANCE AMENDED DECLARATIONS DATE ISSUED: 08/19/22

Underwritten by:
First Protective insurance Co. From: To:
PO Box 958405 0689255082 02/28/2022 02/28/2023
Lake Mary, FL 32795 1 Al Time

RE!
REGINALD DEAN, DONNA DEAN Lane Insurance Group
16279 EDGEMONT DR 21105 DESIGN PARC LN STE 103
FORT MYERS, FL 33908-3658 ESTERO, FL 33928-6437
a
felephone: ee ne: 239-947-747.
aT
162 MONT DR, FORT MYERS, FL

TYPE: MORTGAGEE BIL
PNC Bank NA ISAOA/ATIMA.
PO Box 7433
SPRINGFIELD, OH 45501 1 certify that this is a true
LOAN NUMBER : 1500071771
Authorized Signature

Date signed _tol2ulZzezF
tol 2elZazF

FORM TYPE: HO3 PROTECTION CLASS: CONSTRUCTION TYPE: NUMB! ‘ORY: 554
MASONRY 1
BCEG: 04 YEAR BUILT: 1997 OCCUPANCY: OWNER USAGE: PRIMARY
OCCUPIED
PROTECTIVE DEVICE BURGLAR ALARM: N FIRE ALARM: N SPRINKLERS: N
CREDIT:

ip Al =
DI OF API
FIM NDR (03 22) WELCOME LI R IDTHEFT INSERT FP 00 02 (10 08) FP00 01 (10 08) FP 00 03 (10 08)
E (02 20) (11.21
IL P 001 (01 04) FIM-FL-HO-DEC (01 NCPT HO 03 (11 21) FIM-WLR (04 10) FIM-OC3 (06 15) HO 00 03 (05 11)
19)
FIM
00 23 (11 21) FIM 00 13 (06 21) FIM 00 17 (05 21) FIM 00 19 (05 21) FIM 00 24 (06 21) FIM 00 33 (05 21)
FIM 00 39 (05 21) FIM 00 42 (05 21) FIM 00 48 (05 21) FIM 03 51 (06 21) FIM SEN (01 12) HO 04 96 (10 00)
HO 05 99 (05 13) HO 23 86 (05 13)

FIM-FL-HO-DEC (01/19) INSURED COPY Page 20f4

eFiled Lee County Clerk of Courts Page 17
FR INT. HOMEOWNERS POLICY TRANSACTION DATE: 08/19/2022
INSURANCE AMENDED DECLARATIONS DATE ISSUED: 08/19/22

Underwritten by:
First Protective Insurance Co.
PO Box 958405 0689255082 02/28/2022 02/28/2023
Lake Mary, FL 32795 12:01 AM Standard Time

DEAN Lane Insurance
16279 EDGEMONT DR 21105 DESIGN PARC LN STE 103
FORT MYERS, FL 33908-3658 ESTERO, FL 33928-6437
‘Telephone: 239-218-5615 Telephone: 239-047-7474

1 EDGE! IT DR, FORT MYERS, Fl 33908-3658

COUNTERSIGNED BY: ; af % Cpt SIGNED: 08/19/2022
FRONTLINE WEBSITE:

FRONTLINE EMAIL:

FIM-FL-HO-DEC (01/19) INSURED COPY Page 30f4

eFiled Lee County Clerk of Courts Page 18
FR INT HOMEOWNERS POLICY TRANSACTION DATE: 08/19/2022
INSURANCE AMENDED DECLARATIONS. DATE ISSUED: 08/19/22

Underwritten by: [OMI
First Protective Insurance Co. From: To:
PO Box 958405 0689255082 02/28/2022 02/28/2023
Lake Mary, FL 32795 12:01 AM Standard Time

cE!
(EGINALD DEAN, DONNA DEAN Lane neural nce Grou ip
6279 EDGEMONT DR 21105 DESIGN PARC LN STE 103
FORT MYERS, FL 33908-3658 ESTERO, FL 33928-6437
Jelephons: ee Telephone: 230-047-7474
16279 EMONT DR, FORT MYERS,
FL 33908-3658

THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-
POCKET EXPENSES TO YOU.
THIS POLICY PROVIDES AN INFLATION GUARD OPTION,
THEREFORE, THE ACTUAL CALENDAR YEAR HURRICANE
DEDUCTIBLE AMOUNT AT THE TIME OF LOSS MAY BE HIGHER
THAN THE DOLLAR AMOUNT SHOWN IN THE DECLARATIONS.
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE
IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE
AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S
INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR
DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE
WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT
SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS
THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE
COVERAGE WITH YOUR INSURANCE AGENT.

FIM-FL-HO-DEC (01/19) INSURED COPY Page 4o0f4

eFiled Lee County Clerk of Courts Page 19
FR INT
INSURANCE
NOTICE OF CHANGE IN POLICY TERMS
The purpose of this Notice Of Change In Policy Terms is to inform you of changes to the terms,
coverage, duties and / or conditions of your policy.

HO 00 03 HOMEOWNERS 3 - SPECIAL FORM
Your policy has implemented a general program revision. The current edition of your policy has
been changed to a 05 11 edition and does not reflect any state specific requirements. Some of the
significant changes to your policy are described below.
The definition of “building structure” has been added:
“Building Structure” means a structure fully enclosed with permanent walls and a roof. A permanent
wall or roof does not include any kind of temporary materials including but not limited to tarps, plastic
sheeting, or other similar material. A structure that is otherwise fully enclosed with permanent walls and
a roof, that is undergoing repairs due to a recent loss, using materials such as tarps, plastic sheeting,
or other similar material, is still considered a “building structure".
A “building structure” includes:
a. The foundation supporting the structure, including:
(1) Slabs;
(2) Basement walls;
(3) Crawl space walls;
(4) Footings; and
(5) Gravel, stone, or sand, used as fill material and located not more than 12 inches directly
below a slab described in item a.(1), including water supply lines, domestic water pipes, and sewer
pipes located within this fill material;
b, Wall-to-wall carpeting attached to the structure.
The definition of “insured” in the policy has been replaced with the following:
5. “Insured” means:
a. You and residents of your household who are:
(1) Your relatives; or
(2) Other persons under the age of 21 and in your care or the care of a resident of your
household who is your relative;
b. A student enrolled in school full-time, as defined by the school, who was a resident of your
household before moving out to attend school, provided the student is under the age of:
(1) 24 and your relative; or
(2) 21 and in your care or the care of a resident of your household who is your relative; or
cc Under Section I:

Page 1 of 58 FLNCPT
HO 03 1121

eFiled Lee County Clerk of Courts Page 20
(1) With respect to animals or watercraft to which this policy applies, any person or
organization legally responsible for these animals or watercraft which are owned by you or
any person described in 5.a. or b. “Insured” does not mean a person or organization using
or having custody of these animals or watercraft in the course of any “business” or without
consent of the owner; or
(2) With respect to a “motor vehicle” to which this policy applies:
(a) Persons while engaged in your employ or that of any person described in 5.a. or b.; or
(b) Other persons using the vehicle on an “insured location" with your consent.
Under both Sections | and Il, when the word an immediately precedes the word “Insured”, the words
an "insured" together mean one or more "insureds".
The definition of “insured location” in the policy has been replaced with the following:
6. “Insured location" means:
a. The “residence premises”;
b. The part of other premises, other structures and grounds used by you as a residence; and
(1) Which is shown in the Declarations; or
(2) Which is acquired by you during the policy period for your use as a residence;
Any premises used by you in connection with a premises described in a. and b. above;
Any part of a premises:
(1) Not owned by an "insured"; and
(2) Where an "insured" is temporarily residing;
e. Vacant land, other than farmland, owned by or rented to an “insured”;
f. Land owned by or rented to an “insured” on which a one-, two-, three- or four-family dwelling
is being built as a residence for an “insured”;
g. Individual or family cemetery plots or burial vaults of an “insured”; or
h. Any part of a premises occasionally rented to an “insured” for other than “business” use.
The definition of “residence premises” in the policy has been replaced with the following:
11. "Residence premises" means:
a. The one-family dwelling where you reside;
b. The two-, three- or four-family dwelling where you reside in at least one of the family units; or
c. That part of any other building where you reside;
and which is shown as the “residence premises” in the Declarations.
“Residence premises" also includes other structures and grounds at that location.
In SECTION | - PROPERTY COVERAGES, under C. Coverage C — Personal Property, the following
Paragraph 2. is added:
2. Limit For Property At Other Locations
a. Other Residences
Our limit of liability for personal property usually located at an "insured’s" residence, other than
the "residence premises”, is 10% of the limit of liability for Coverage C, or $1,000, whichever is
greater. However, this limitation does not apply to personal property:
(1) Moved from the “residence premises" because it is:
(a) Being repaired, renovated or rebuilt; and
(b) Not fit to live in or store property in; or

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eFiled Lee County Clerk of Courts Page 21
(2) In a newly acquired principal residence
for 30 days from the time you begin to move the
property there.
b. Self-storage Facilities
Our limit of liability for personal property owned or used by an “insured” and located in a self-
storage facility is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater.
However, this limitation does not apply to personal property:
(1) Moved from the “residence premises" because it is:
(a) Being repaired, renovated or rebuilt; and
(b) Not fit to live in or store property in; or
(2) Usually located in an "insured's" residence, other than the "residence premises".
Paragraphs 4.c., 4.d. and 4.i. are replaced by the following:
3. Property Not Covered
c “Motor vehicles”.
This includes a “motor vehicle's" equipment and parts. However, this Paragraph 4.c. does not
apply to:
(1) Portable electronic equipment that:
(a) Reproduces, receives or transmits audio, visual or data signals; and
(b) Is designed so that it may be operated from a power source other than a "motor
vehicle's” electrical system,
(2) mecor vehicles" not required to be registered for use on public roads or property which

(a) Used solely to service a residence;
(b) Designed to assist the handicapped;
d. Aircraft, meaning any contrivance used or designed for flight, including any parts whether or
not attached to the aircraft.
We do cover model or hobby aircraft not used or designed to carry people or cargo;
i. “Business” data, including such data stored in:
(1) Books of account, drawings or other paper records;
(2) Computers and related equipment.
We do cover the cost of blank recording or storage media and of prerecorded computer
programs available on the retail market;
In SECTION | - PROPERTY COVERAGES, under E. Additional Coverages, the following paragraph
1.b. is replaced by the following:
1, Debris Removal
b. We wil i eee, your reasonable expense, up to $1,000, for the removal from the "residence
.
premi
(1) Your trees felled by the peril of Windstorm or Hail or Weight of Ice, Snowor Sleet; or
(2) A neighbor's trees felled by a Peril Insured Against under Coverage C;
provided the trees:
(3) Damage a covered structure;
(4) Do not damage a covered structure, but:

Page 3 of 58 FL.NCPT
HO 03 11 21

eFiled Lee County Clerk of Courts Page 22
(a) Block a driveway on the "residence premises” which prevents a “motor vehicle", that
is registered for use on public roads or property, from entering or leaving the "residence
premises"; or
(b) Block a ramp or other fixture designed to assist a handicapped person to enter or leave
the dwelling building.
The $1,000 limit is the most we will pay in any one loss, regardless of the number of fallen
trees. No more than $500 of this limit will be paid for the removal of any one tree.
This coverage is additional insurance.
Paragraph 7.c. is replaced by the following:
v Loss Assessment
c. Paragraph Q. Policy Period under Section |—- Conditions does not apply to this coverage.
Paragraph 8. Collapse is replaced by the following:
8. Collapse
a, The coverage provided under this Additional Coverage — Collapse applies only to an abrupt
collapse.
b. For the purpose of this Additional Coverage — Collapse, abrupt collapse means an abrupt
falling down or caving in of a “building structure" or any part of a “building structure” with
the result that the “building structure” or part of the “building structure" cannot be occupied
for its intended purpose.
cc This Additional Coverage — Collapse does not apply to:
(1) A “building structure” or any part of a “building structure” that is in danger of falling down
or caving in;
(2) A part of a “building structure" that is standing, even if it has separated from another part
of the “building structure”; or
(3) A “building structure” or any part of a “building structure” that is standing, even if it shows
evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or
expansion.
d. We insure for direct physical loss to covered property involving abrupt collapse of a “building
structure” or any part of a “building structure” if such collapse was caused by one or more of
the following:
(1) The Perils Insured Against named under Coverage C;
(2) Decay,

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Keith R Kyle Track Judge’s New Case

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Document Filed Date

January 04, 2024

Case Filing Date

January 04, 2024

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Complaint,Petition: FIRST PROTECTIVE INSURANCE COMPANY, dba FRONTLINE HOMEOWNERS INSURANCE COMPANY Plaintiff vs DEAN, REGINALD et al Defendant

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