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PAVAN PARIKH
HAMILTON COUNTY CLERK OF COURTS
COMMON PLEAS DIVISION
ELECTRONICALLY FILED
February 8, 2024 12:11 PM
PAVAN PARIKH
Clerk of Courts
Hamilton County, Ohio
CONFIRMATION 1428687
JOHN KANIS A 2400640
vs.
MICO INSURANCE COMPANY
FILING TYPE: INITIAL FILING (IN COUNTY) WITH JURY
DEMAND
PAGES FILED: 67
EFR200
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
IN THE COURT OF COMMON PLEAS
HAMILTON COUNTY, OHIO
JOHN KANIS Case No:
7218 TREERIDGE DRIVE
CINCINNATI OHIO 45244-3552
AND
TERESA KANIS
7218 TREERIDGE DRIVE COMPLAINT
CINCINNATI, OHIO 45244-3552 WITH JURY DEMAND
ENDORSED HEREON
Plaintiffs,
-US.-
MICO INSURANCE COMPANY
471 EAST BROAD STREET
COLUMBUS, OHIO 43215
Please Serve:
MICO Insurance Company
c/o Corporation Service Company
1160 Dublin Road, Suite 400
Columbus, Ohio 43215
Defendant.
—
NOW COME Plaintiffs, John Kanis and Teresa Kanis, by and through
undersigned counsel, and state their Complaint against the named Defendant, as follows:
I. The Parties
1. Plaintiffs John Kanis and Plaintiffs Teresa Kanis reside at 7218 Treeridge Drive, in
Cincinnati, Hamilton County, Ohio 45244-3552 (the Home) and have so resided at
all relevant times herein.
Page 1 of 9
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Defendant MICO Insurance Company is an Ohio-based insurance company,
which issued homeowner's policy number 5000483982 (“the Policy”) to the
Plaintiffs, John Kanis and Teresa Kanis, which provided coverage for the Home.
Pursuant to Civil Rule 10(D), a copy of the Policy is attached to this Complaint as
Exhibit 1.
The Policy was in full force and effect on March 03, 2023.
II. Jurisdiction and Venue
The Home is located at 7218 Treeridge Drive in Cincinnati, Hamilton County Ohio
45244-3552.
The Policy was issued to provide coverage for the Home in Hamilton County,
Ohio.
The operative facts and actions that give rise to this complaint and the loss
substantially occurred in Hamilton County, Ohio.
Defendant MICO Insurance Company conducts substantial business within
Hamilton County, Ohio.
Jurisdiction is properly invoked in the Hamilton County Court of Common Pleas.
10 Venue is proper in Hamilton County.
III. Statement of Facts
11 The Plaintiffs owned the Home on March 03, 2023 as their primary residence and
it is still owned by the Plaintiffs today.
Page 2 of 9
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
12. On or about March 03 2023, Plaintiffs, suffered a substantial
windstorm/hailstorm/rainstorm loss to, inter alia., the roof, the gutters, the
fences, the siding, the interior and the contents of the Home.
13. Plaintiffs promptly notified MICO Insurance Company of the occurrence on or
about March 03, 2023.
14. Plaintiffs fully cooperated with MICO Insurance Company following the March
03, 2023 loss.
15. Plaintiffs have satisfied all conditions precedent to pursue a valid property loss
claim under the Policy.
16. MICO Insurance Company failed to conduct a reasonable investigation of the loss.
17. MICO Insurance Company failed to properly indemnify the Plaintiffs for the loss
pursuant to the terms of the Policy.
18. As a result of the loss and the failure to conduct a reasonable investigation, there
was a loss of use and additional damage at the Home.
19. MICO Insurance Company wrongfully processed the claim in bad faith, or
otherwise engaged in wrongful acts and omissions in failing to fully indemnify
the Plaintiffs for a covered loss.
20. Plaintiffs placed reasonable reliance on MICO Insurance Company that said
Defendant would act in good faith, engage in fair dealing, adjust the claim in good
faith and indemnify the Plaintiffs promptly for their property losses.
Page 3 of 9
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COUNT I: BREACH OF CONTRACT
21. Plaintiffs restates and re-alleges every allegation contained in the preceding
paragraphs as if fully rewritten herein.
22. Plaintiffs had a valid contract of insurance in place with Defendant on March 03,
2023. See Exhibit 1.
23. The valid contract of insurance applied to 7218 Treeridge Drive, in Cincinnati,
Hamilton County, Ohio 45244-3552.
24. Defendant breached the terms of that contract by failing to fully indemnify the
Plaintiffs for the Plaintiffs’ loss according to the terms of the contract.
25. Defendant breached the terms of that contract by failing to fully investigate, adjust
the loss, and adequately indemnify the Plaintiffs according to the terms of the
contract.
26. As a direct and proximate result of the breach of the insurance contract by MICO
Insurance Company, Plaintiffs has sustained losses and damages, in an amount,
yet to be determined, but in excess of Twenty-five thousand ($25,000.00) dollars,
according to proof at trial.
COUNT II: BAD FAITH
27. Plaintiffs restates and re-alleges every allegation contained in the preceding
paragraphs as if fully rewritten herein.
28. Defendant, MICO Insurance Company, had and continues to have obligation to
act in good faith when determining coverage for this claim.
Page 4 of 9
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29. MICO Insurance Company had and continues to have a duty to act in good faith
in adjusting the value of this claim.
30. MICO Insurance Company had and continues to have an independent affirmative
duty to act in good faith concerning its investigation and of a claim and
communication with the Plaintiffs concerning this claim.
31. Plaintiffs placed reasonable and justifiable reliance upon MICO Insurance
Company to investigate, communicate, adjust, and pay this claim.
32. MICO Insurance Company breached its duty of good faith and fair dealing by
engaging in one or more of the following acts or omissions without reasonable
justification:
a. failing to pay the claim promptly.
b. failing to pay an adequate amount for the claim.
C. failing to establish a reasonable justification for the denial of the Plaintiffs’
claim.
taking advantage of the Plaintiffs’ vulnerable position in order to force the
Plaintiffs to accept an unfair settlement of the claim.
failing to properly inspect the site of the loss.
failing to properly investigate the claim.
failing to properly analyze the cause of the loss and/or the applicable
coverage.
failing to properly review the analysis contained in any reports related to
the loss in its possession.
Page 5 of 9
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
failing to properly review the available evidence related to the loss.
failing to prepare a good faith estimate of damage caused by the loss.
refusing Plaintiffs’ reasonable requests for information.
failing to timely respond to Plaintiffs’ requests for information.
failing to properly train, supervise and/or instruct its adjusters and/or
agents.
failing to provide uniform and/or standard guidelines and/or materials to
adjusters and/or agents to properly evaluate claims.
failing to timely provide sufficient funds for the repairs and replacement of
the subject property.
failing to pay sufficient living expenses and/or loss of use expenses
incurred by the Plaintiffs.
failing to provide sufficient funds for the repair and/or replacement of the
contents contained in the subject dwelling, as provided for in the subject
policy of insurance.
acting with malice and/or aggravated and/or egregious fraud, and/or, as
principal or master, knowingly authorizing, participating in, or ratifying
the actions and/or omissions of an agent or servant of the Defendant; and
engaging in other wrongful acts or omissions to be shown at trial on the
merits.
33. MICO Insurance Company’s failure to properly indemnify the Plaintiffs for the
subject covered loss was and is without reasonable justification.
Page 6 of 9
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
34, MICO Insurance Company’ failure to properly investigate this loss and properly
communicate with the Plaintiffs was and is without reasonable justification.
35. As a direct and proximate result of MICO Insurance Company’s bad faith conduct,
Plaintiffs have been damaged in an amount, yet to be determined, but in excess of
Twenty-five thousand ($25,000.00) dollars, according to proof at trial.
36. The conduct of MICO Insurance Company, has been intentional, malicious,
purposeful and/or done in conscious disregard of the rights of the Plaintiffs, such
that the Plaintiffs is entitled to an award of punitive damages or exemplary
damages, in an amount, to be determined by the trier of fact, but in excess of
Twenty-five thousand ($25,000.00) dollars, according to proof at trial.
RELIEF REQUESTED
WHEREFORE, Plaintiffs, John Kanis and Teresa Kanis, by and through counsel,
demands the following relief:
A. Judgment against Defendant, MICO Insurance Company, for the full value of
the losses and damages caused by [cause of loss] loss at The Home on or about March 03,
2023, in an amount, yet to be determined, but in excess of Twenty-five thousand
($25,000.00) dollars, according to proof at trial.
B. Judgment against Defendant, MICO Insurance Company, for compensatory
damages related to Defendant’s Bad Faith investigation, adjustment, and failure to
adequately indemnify the Plaintiffs for this loss, in an amount, yet to be determined, but
in excess of Twenty-five thousand ($25,000.00) dollars, according to proof at trial.
C. Judgment against Defendant, MICO Insurance Company, for an award of
punitive damages, in an amount, to be determined by the trier of fact, but in excess of
Twenty-five thousand ($25,000.00) dollars, according to proof at trial.
Page 7 of 9
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
D. An award of reasonable attorney’s fees and costs incurred in the prosecution
of this action.
E. An award of pre-judgment interest; and
F. Such further additional relief, whether at law or at equity, as the Court may
deem proper and just.
Respectfully Submitted,
Ls/ Heather M. Schisler, Esq.
Heather M. Schisler, Esq. [0076626]
Trial Attorney for Plaintiffs
Law Offices of Blake R. Maislin, LLC
Maislin Professional Center
2260 Francis Lane
Cincinnati, Ohio 45206
PH: (513) 444-4444 Ext. 145
EX: (513) 721-5557
EM: hschisler@maislinlaw.com
JURY DEMAND
Plaintiffs hereby demand a trial by jury on all issues so triable, pursuant to, inter
alia, Civil Rules 38 and 39 of the Ohio Rules of Civil Procedure.
/s/ Heather M. Schisler, Esq.
Heather M. Schisler, Esq. [0076626]
Trial Attorney for Plaintiffs
Law Offices of Blake R. Maislin, LLC
Maislin Professional Center
2260 Francis Lane
Cincinnati, Ohio 45206
PH: (513) 444-4444 Ext, 145
FX: (513) 721-5557
EM: hschisler@maislinlaw.com
Page 8 of 9
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
INSTRUCTIONS TO THE CLERK
Please issue Summons and serve the Summons and First Amended Complaint
upon the named Defendant at the address stated in the caption via Certified U.S. Mail
Service, Return Receipt Requested. Should service be returned as “UNCLAIMED,” then
please re-issue service to that Defendant, via regular U.S. mail service, postage prepaid.
1Ls/ Heather M. Schisler, Esa.
Heather M. Schisler, Esq. [0076626]
Trial Attorney for Plaintiffs
Law Offices of Blake R. Maislin, LLC
Maislin Professional Center
2260 Francis Lane
Cincinnati, Ohio 45206
PH: (513) 444-4444 Ext. 145
FX: (513) 721-5557
EM: hschisler@maislinlaw.com
Page 9 of 9
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
encovi
SUR ance
12/24/2023
Certified Policy - As of 03/03/2023
Policy Number: 5000483982
John Kanis
Teresa Kanis
7218 TREERIDGE DR
CINCINNATI, OH 45244-3552
The undersigned certifies that this is a true and correct copy of the coverages in effect
for policy number 5000483982 on 03/03/2023 by MICO Insurance Company, a member of
Encova Mutual Insurance Group to John Kanis and Teresa Kanis.
=
Ryan Binau
AVP Personal Lines Underwriting
Personal Lines Division
Encova's name and logo are the
registered marks of Encova Mutual Insurance Group.
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
encova
INSURANCE
HOMEOWNERS NEW BUSINESS DECLARATIONS
Policy period: 04/01/2022 to 04/01/2023
This policy period begins and ends at 12:01 a.m. at the address of the named insured shown.
Policy number Account number Payment plan Effective date Dec issue # Total premium
5000483982 4000278617 Mortgagee Billed 04/01/2022 001 $1,624.00
Named insured Your agent
John Kanis Limes & Riffle Independent Insurance
Teresa Kanis Agents LLC
7218 TREERIDGE DR 8595 Beechmont Ave
CINCINNATI, OH 45244-3552 STE 300,
Cincinnati, OH 45255-4740
(813) 474-7550
dmannerino@Imr-insurance.com
Insured property details
7218 TREERIDGE DR
CINCINNATI, OH 45244-3552
Year built Construction type Age of roof
1987 Frame 16
Homeowners premium $1,624.00
Taxes and fees; $0
Total premium: $1,624.00
Your coverages
Property coverages Limit
Coverage A - Dwelling $359,746
Coverage B - Other Structures $35,975
Coverage C - Personal Property $251,822
Coverage D - Loss of Use $107,924
Liability coverages Limit
Coverage E — Personal Liability $300,000
Coverage F ~ Medical Payments To Others $5,000
Deductibles
All Perils $1,000
DEC0001 1019 Page 2 of 4
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
encova
PNSURANCE
HOMEOWNERS NEW BUSINESS DECLARATIONS
Mortgagees and additional interests
Type Interest Loan number
First Mortgagee FIFTH THIRD BANK ISAOA ATIMA 0411337116
PO BOX 391197, SOLON, OH 44139-8197
Encova ChoicePak™
Additional coverages
inflation Protection Coverage
Limited Fungi, Wet or Dry Rot, Bacteria Coverage
Section | Limit $10,000
Section It Limit $50,000
Personal Property Replacement Cost Loss Settlement
Specified Additional Amount of Insurance for Coverage A - Dwelling [3
Additional Amount of Insurance 25%
Personal Injury Coverage [3
Aggregate Limit of Liability $300,000
Limited Water Back-up and Sump Discharge or Overflow Coverage [3]
Limit $25,000
Equipment Breakdown Coverage
Limit $100,000
Deductible $500
Buried Utility Lines Coverage
Limit $10,000
Deductible $500
Discounts
Total savings on your premium $931.00
Encova ChoicePak™ Multi-Policy
Advance Quote afe Premises
Paperless AutoPay Plan
Pay on Time Age of Construction
DECO0001 1019 Page 3 of 4
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
encova
INSURANCE
HOMEOWNERS NEW BUSINESS DECLARATIONS
Your policy documents
Form number Form title
HO 00 03 05 11 Homeowners 3 - Special Form
HO 01 34.05 11M Special Provisions - Ohio
HO7 00 11 03 19 Inflation Protection Coverage
HO 06 53 02 17 Home-Sharing Host Activities Amendatory Endorsement
HO 04 27 05 11 Limited Fungi, Wet Or Dry Rot, Or Bacteria Coverage
ML7 00 02 03 19 Loyalty Rewards or Promotional Items
HO7 00 10 03 19 Lead And Pollution Liability Exclusion
HO 34
03 02 17 Personal Injury For Aircraft Liability Excluded
HO7 00 22 12 20 Punitive Damages Exclusion
HO7 00 23 12 20 Special Windstorm Or Hail Loss Notice Provision
HO 04 90 05 11 Personal Property Replacement Cost Loss Settlement
HO 04 20 05 11 Specified Additional Amount Of Insurance For Coverage A - Dwelling
HO 24 10 05 11 Personal Injury Coverage (Aggregate Limit Of Liability)
HO 04 95 01 14M Limited Water Back-Up And Sump Discharge Or Overflow Coverage
HO7 00 15 08 19 Equipment Breakdown Endorsement
HO7 00 17 08 19 Buried Utility Lines Coverage
Important Information
Flood Coverage Notice This policy does not cover damage from flood. For information about flood insurance,
contact the National Flood Insurance Program or your Insurance Agent.
The secretary and president of MICO Insurance Company, a member of Encova Mutual Insurance Group, have signed
this policy with legal authority.
Lf Olnbe,p.
Corporate Secretary President & CEO
This page completes your declarations,
DEC0001 1019 Page 4 of 4
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
encova
” DRANCE
ENCOVA MUTUAL INSURANCE GROUP
PRIVACY NOTICE
We are committed to protecting your privacy and earning your trust. We respect your right to keep your personal
information confidential and to avoid unwanted solicitations. In order to provide our products and services to you,
we must collect, use and share personal information about you. Your privacy is important to us and this Privacy
Notice describes our policies and practices to protect your information and how you may control the maintenance
and sharing of that information.
We may collect personal information about you and members of your household in connection with your transactions
with us. The type of information collected may vary depending on the type of products or services you have with
us. Information collected may include:
Information provided to us on applications or forms, during conversations with us or our representatives, or
when you visit our website;
Information about your transactions with us, our affiliates or others;
Information from third parties such as consumer or other reporting agencies and medical or health care
providers.
We do not sell or provide any information we gather to third parties who may wish to provide you with information
about their products or services. We may, as permitted by law, provide information about you to certain persons or
organizations. The types of persons or organizations we may share this information with may include:
Your agent and others who provide our products and services to you;
Persons or organizations that perform professional, business or insurance functions for us;
Insurance support organizations;
Independent claims adjusters;
Regulatory and enforcement authorities.
As part of servicing or maintaining your contract, and for other legally permitted purposes, we may disclose your
personal information among the affiliated companies of the Encova Mutual Insurance Group, including Motorists
Life Insurance Company.
We maintain physical, electronic and procedural safeguards to protect your personal information and to comply with
federal and state laws. We have controls that restrict access to personal information about you to our employees
and others who may need to know that information to provide products or services to you. In addition, we review
our policies and practices, monitor our computer networks, and test the strength of our security.
You have the right to review the recorded personal information about you contained in our files and to obtain a copy.
You have the further right to request that we correct, amend or delete any inaccurate information. If, after reading
this notice, you have any questions about our privacy practices or the information contained in our files about you,
please contact us at:
Encova Mutual Insurance Group
471 E. Broad St.
Columbus, OH 43215
NROO111020 Encova's name and logo are the registered Page 1 of 2
marks of Encova Mutual Insurance Group.
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
This Privacy Notice applies to the companies of the Encova Mutual Insurance Group. The Encova Mutual
Insurance Group includes, but is not limited to: Motorists Mutual Insurance Company, Motorists Commercial Mutual
Insurance Company, MICO Insurance Company, Encova Life Insurance Company, BrickStreet Mutual Insurance
Company, SummitPoint Insurance Company, PinnaclePoint Insurance Company, NorthStone Insurance Company,
AlleghenyPoint Insurance Company, Consumers Insurance USA, Inc., lowa Mutual Insurance Company, lowa
American Insurance Company, IMARC, LLC, Phenix Mutual Fire Insurance Company, Wilson Mutual Insurance
Company, Encova Service Corporation, Encova Realty, LLC, Broad Street Brokerage Insurance Agency, LLC,
Encova Insurance Agency, Inc., Encova Foundation of Ohio, and Encova Foundation of West Virginia.
Updated as of: 12/24/2023
NROO111020 Encova's name and logo are the registered Page 2 of 2
marks of Encova Mutual Insurance Group.
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
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//Avww.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 01 04 © ISO Properties, Inc., 2004 Page 1 of 1
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
encova
ruSURB ANCE
POLICYHOLDER NOTICE
Policy Number: 5000483982
Thank you for giving MICO Insurance Company, a member of Encova Mutual Insurance Group the opportunity to
provide you with insurance protection.
When we rate our customers’ insurance policies, we obtain a number of consumer reports. Among these is an
insurance score that we obtain from TransUnion, which is based on credit information such as payment history,
inquiry activity, and age of credit. A report we recently obtained included the following factors that affected your
score:
Reason Code Description
DHO There are no accounts. Optimum value is no delinquency and the maximum credit card
utilization over last 12 months is > 0% and <1%.
sog There are 10 or more inquiries. Optimum value is no inquiries.
G41 Months since most recent credit card opened is 1-12. Optimum value is 240 or more months.
G52 No mortgage accounts. Optimum value is mortgage 0-12 months old.
DHO There are no accounts. Optimum value is no delinquency and the maximum credit card
utilization over last 12 months is > 0% and <1%.
G41 Months since most recent credit card opened is 1-12. Optimum value is 240 or more months.
G52 No mortgage accounts. Optimum value is mortgage 0-12 months old.
S03 There are 4 inquiries. Optimum value is no inquiries.
Your insurance score in only one form of information we use to obtain the premium we charge for your
coverage. For example, for auto insurance we review your driving record and the types of vehicles you own. For
homeowners insurance, we review your loss history and the quality of the fire protection services where you live
After evaluating all of those factors, the premium charged for your insurance policy is not reflecting our lowest
possible rate. This is in part due to your insurance score. You may obtain a free disclosure of the information in
your consumer report and dispute its contents by contacting TransUnion at the address below in the next 60 days:
TransUnion Consumer Solutions
P.O. Box 1000
Chester, PA 19016-2000
(800) 888-4213
Please note that TransUnion does not make decisions concerning your premium nor can they answer questions
about the cost of your insurance.
If TransUnion corrects their record as a result of information you provide to them, please contact your Encova
agent so we may correct your premium.
NROO100120 Encova's name and logo are the registered Page 1 of1
marks of Encova Mutual Insurance Group.
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
encovaIN SUR A 7
NCE
HOMEOWNERS POLICY
ENCOVA MUTUAL
INSURANCE GROUP
This policy is provided and underwritten by MICO Insurance Company, a stock insurance
company.
471 E. Broad St.
Columbus, OH 43215
In the event of a loss, contact your agent, or call our 24-hour claim reporting service at
866-839-1372.
Mutual Rights
This policy is non-assessable. By acceptance of this policy and payment of premium, you become a member of
Encova Mutual Insurance Group, Inc. and shall be entitled to vote at meetings of the members of Encova Mutual
Insurance Group, Inc., but upon cancellation or termination of this policy, you shall cease to be a member.
Annual Meeting
You, by virtue of this policy, are a member of Encova Mutual Insurance Group, Inc. while this policy is in force and
are entitled to one vote at all meetings of the members. The annual meeting of the members of Encova Mutual
Insurance Group, Inc. is held at 9:00 AM on the fourth Monday in April of each year at the home office of Encova
Mutual Insurance Group, Inc, in Columbus, Ohio, for the election of directors and the transaction of such other
business as may properly come before the meeting.
ML700030820
E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ
HOMEOWNERS
HO 00 03 05 11
HOMEOWNERS 3 - SPECIAL FORM
AGREEMENT "Bodily injury" means bodily harm, sickness or
We will provide the insurance described in this policy disease, including required care, loss of
in return for the premium and compliance with all
services and death that results.
applicable provisions of this policy. “Business” means:
DEFINITIONS a. A trade, profession or occupation engaged
A. In this policy, "you" and "your" refer to the "named in on a full-time, part-time or occasional
basis; or
insured" shown in the Declarations and the
spouse if a resident of the same household. "We", b. Any other activity engaged in for money or
“us" and "our" refer to the Company providing this other compensation, except the following:
insurance. (1) One or more activities, not described in
In addition, certain words and phrases are defined (2) through (4) below, for which no
as follows: “insured" receives more than $2,000 in
total compensation for the 12 months
. “Aircraft Liabil " "Hovercraft Liabilit ‘Motor
Vehicle Liability" and "Watercraft Liability", before the beginning of the policy
subject to the provisions in b. below, mean the period;
following: (2) Volunteer activities for which no money
a. Liability for “bodily injury" or "property
is received other than payment for
damage" arising out of the: expenses incurred to perform the
activity;
(1) Ownership of such vehicle or craft by an
“insured”, (3) Providing home day care services for
which no compensation is received,
(2) Maintenance, occupancy, operation, other than the mutual exchange of such
use, loading or unloading of such services; or
vehicle or craft by any person;
(3) Entrustment of such vehicle or craft by
(4) The rendering of home day care
services to a relative of an "insured".
an “insured" to any person;
"Employee" means an employee of an
(4) Failure to
supervise or negligent “insured”, or an employee leased to an
supervision of any person involving “insured" by a labor leasing firm under an
such vehicle or craft by an “insur agreement between an "insured" and the labor
(5) Vicarious liability, whether or not leasing firm, whose duties are other than those
imposed by law, for the actions of a performed by a "residence employee".
child or minor involving such vehicle or “Insured” means:
craft.
a. You and residents of your household who
b, For the purpose of this definition: are:
(1) Aircraft means any contrivance used or (1) Your relatives; or
designed for flight except model or
hobby aircraft not used or designed to (2) Other persons under the age of 21 and
carry people or cargo; in your care or the care of a resident of
your household who is your relative;
(2) Hovercraft means a_ self-propelled
b. A student enrolled in school full-time, as
motorized ground effect vehicle and
includes, but is not limited to, flarecraft defined by the school, who was a resident
and air cushion vehicles; of your household before moving out to
attend school, provided the student is
(3) Watercraft means a craft principally under the age of:
designed to
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Ge PF SOy 2 COR cou PAVAN PARIKH HAMILTON COUNTY CLERK OF COURTS COMMON PLEAS DIVISION ELECTRONICALLY FILED February 8, 2024 12:11 PM PAVAN PARIKH Clerk of Courts Hamilton County, Ohio CONFIRMATION 1428687 JOHN KANIS A 2400640 vs. MICO INSURANCE COMPANY FILING TYPE: INITIAL FILING (IN COUNTY) WITH JURY DEMAND PAGES FILED: 67 EFR200 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ IN THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO JOHN KANIS Case No: 7218 TREERIDGE DRIVE CINCINNATI OHIO 45244-3552 AND TERESA KANIS 7218 TREERIDGE DRIVE COMPLAINT CINCINNATI, OHIO 45244-3552 WITH JURY DEMAND ENDORSED HEREON Plaintiffs, -US.- MICO INSURANCE COMPANY 471 EAST BROAD STREET COLUMBUS, OHIO 43215 Please Serve: MICO Insurance Company c/o Corporation Service Company 1160 Dublin Road, Suite 400 Columbus, Ohio 43215 Defendant. — NOW COME Plaintiffs, John Kanis and Teresa Kanis, by and through undersigned counsel, and state their Complaint against the named Defendant, as follows: I. The Parties 1. Plaintiffs John Kanis and Plaintiffs Teresa Kanis reside at 7218 Treeridge Drive, in Cincinnati, Hamilton County, Ohio 45244-3552 (the Home) and have so resided at all relevant times herein. Page 1 of 9 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ Defendant MICO Insurance Company is an Ohio-based insurance company, which issued homeowner's policy number 5000483982 (“the Policy”) to the Plaintiffs, John Kanis and Teresa Kanis, which provided coverage for the Home. Pursuant to Civil Rule 10(D), a copy of the Policy is attached to this Complaint as Exhibit 1. The Policy was in full force and effect on March 03, 2023. II. Jurisdiction and Venue The Home is located at 7218 Treeridge Drive in Cincinnati, Hamilton County Ohio 45244-3552. The Policy was issued to provide coverage for the Home in Hamilton County, Ohio. The operative facts and actions that give rise to this complaint and the loss substantially occurred in Hamilton County, Ohio. Defendant MICO Insurance Company conducts substantial business within Hamilton County, Ohio. Jurisdiction is properly invoked in the Hamilton County Court of Common Pleas. 10 Venue is proper in Hamilton County. III. Statement of Facts 11 The Plaintiffs owned the Home on March 03, 2023 as their primary residence and it is still owned by the Plaintiffs today. Page 2 of 9 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ 12. On or about March 03 2023, Plaintiffs, suffered a substantial windstorm/hailstorm/rainstorm loss to, inter alia., the roof, the gutters, the fences, the siding, the interior and the contents of the Home. 13. Plaintiffs promptly notified MICO Insurance Company of the occurrence on or about March 03, 2023. 14. Plaintiffs fully cooperated with MICO Insurance Company following the March 03, 2023 loss. 15. Plaintiffs have satisfied all conditions precedent to pursue a valid property loss claim under the Policy. 16. MICO Insurance Company failed to conduct a reasonable investigation of the loss. 17. MICO Insurance Company failed to properly indemnify the Plaintiffs for the loss pursuant to the terms of the Policy. 18. As a result of the loss and the failure to conduct a reasonable investigation, there was a loss of use and additional damage at the Home. 19. MICO Insurance Company wrongfully processed the claim in bad faith, or otherwise engaged in wrongful acts and omissions in failing to fully indemnify the Plaintiffs for a covered loss. 20. Plaintiffs placed reasonable reliance on MICO Insurance Company that said Defendant would act in good faith, engage in fair dealing, adjust the claim in good faith and indemnify the Plaintiffs promptly for their property losses. Page 3 of 9 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ COUNT I: BREACH OF CONTRACT 21. Plaintiffs restates and re-alleges every allegation contained in the preceding paragraphs as if fully rewritten herein. 22. Plaintiffs had a valid contract of insurance in place with Defendant on March 03, 2023. See Exhibit 1. 23. The valid contract of insurance applied to 7218 Treeridge Drive, in Cincinnati, Hamilton County, Ohio 45244-3552. 24. Defendant breached the terms of that contract by failing to fully indemnify the Plaintiffs for the Plaintiffs’ loss according to the terms of the contract. 25. Defendant breached the terms of that contract by failing to fully investigate, adjust the loss, and adequately indemnify the Plaintiffs according to the terms of the contract. 26. As a direct and proximate result of the breach of the insurance contract by MICO Insurance Company, Plaintiffs has sustained losses and damages, in an amount, yet to be determined, but in excess of Twenty-five thousand ($25,000.00) dollars, according to proof at trial. COUNT II: BAD FAITH 27. Plaintiffs restates and re-alleges every allegation contained in the preceding paragraphs as if fully rewritten herein. 28. Defendant, MICO Insurance Company, had and continues to have obligation to act in good faith when determining coverage for this claim. Page 4 of 9 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ 29. MICO Insurance Company had and continues to have a duty to act in good faith in adjusting the value of this claim. 30. MICO Insurance Company had and continues to have an independent affirmative duty to act in good faith concerning its investigation and of a claim and communication with the Plaintiffs concerning this claim. 31. Plaintiffs placed reasonable and justifiable reliance upon MICO Insurance Company to investigate, communicate, adjust, and pay this claim. 32. MICO Insurance Company breached its duty of good faith and fair dealing by engaging in one or more of the following acts or omissions without reasonable justification: a. failing to pay the claim promptly. b. failing to pay an adequate amount for the claim. C. failing to establish a reasonable justification for the denial of the Plaintiffs’ claim. taking advantage of the Plaintiffs’ vulnerable position in order to force the Plaintiffs to accept an unfair settlement of the claim. failing to properly inspect the site of the loss. failing to properly investigate the claim. failing to properly analyze the cause of the loss and/or the applicable coverage. failing to properly review the analysis contained in any reports related to the loss in its possession. Page 5 of 9 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ failing to properly review the available evidence related to the loss. failing to prepare a good faith estimate of damage caused by the loss. refusing Plaintiffs’ reasonable requests for information. failing to timely respond to Plaintiffs’ requests for information. failing to properly train, supervise and/or instruct its adjusters and/or agents. failing to provide uniform and/or standard guidelines and/or materials to adjusters and/or agents to properly evaluate claims. failing to timely provide sufficient funds for the repairs and replacement of the subject property. failing to pay sufficient living expenses and/or loss of use expenses incurred by the Plaintiffs. failing to provide sufficient funds for the repair and/or replacement of the contents contained in the subject dwelling, as provided for in the subject policy of insurance. acting with malice and/or aggravated and/or egregious fraud, and/or, as principal or master, knowingly authorizing, participating in, or ratifying the actions and/or omissions of an agent or servant of the Defendant; and engaging in other wrongful acts or omissions to be shown at trial on the merits. 33. MICO Insurance Company’s failure to properly indemnify the Plaintiffs for the subject covered loss was and is without reasonable justification. Page 6 of 9 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ 34, MICO Insurance Company’ failure to properly investigate this loss and properly communicate with the Plaintiffs was and is without reasonable justification. 35. As a direct and proximate result of MICO Insurance Company’s bad faith conduct, Plaintiffs have been damaged in an amount, yet to be determined, but in excess of Twenty-five thousand ($25,000.00) dollars, according to proof at trial. 36. The conduct of MICO Insurance Company, has been intentional, malicious, purposeful and/or done in conscious disregard of the rights of the Plaintiffs, such that the Plaintiffs is entitled to an award of punitive damages or exemplary damages, in an amount, to be determined by the trier of fact, but in excess of Twenty-five thousand ($25,000.00) dollars, according to proof at trial. RELIEF REQUESTED WHEREFORE, Plaintiffs, John Kanis and Teresa Kanis, by and through counsel, demands the following relief: A. Judgment against Defendant, MICO Insurance Company, for the full value of the losses and damages caused by [cause of loss] loss at The Home on or about March 03, 2023, in an amount, yet to be determined, but in excess of Twenty-five thousand ($25,000.00) dollars, according to proof at trial. B. Judgment against Defendant, MICO Insurance Company, for compensatory damages related to Defendant’s Bad Faith investigation, adjustment, and failure to adequately indemnify the Plaintiffs for this loss, in an amount, yet to be determined, but in excess of Twenty-five thousand ($25,000.00) dollars, according to proof at trial. C. Judgment against Defendant, MICO Insurance Company, for an award of punitive damages, in an amount, to be determined by the trier of fact, but in excess of Twenty-five thousand ($25,000.00) dollars, according to proof at trial. Page 7 of 9 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ D. An award of reasonable attorney’s fees and costs incurred in the prosecution of this action. E. An award of pre-judgment interest; and F. Such further additional relief, whether at law or at equity, as the Court may deem proper and just. Respectfully Submitted, Ls/ Heather M. Schisler, Esq. Heather M. Schisler, Esq. [0076626] Trial Attorney for Plaintiffs Law Offices of Blake R. Maislin, LLC Maislin Professional Center 2260 Francis Lane Cincinnati, Ohio 45206 PH: (513) 444-4444 Ext. 145 EX: (513) 721-5557 EM: hschisler@maislinlaw.com JURY DEMAND Plaintiffs hereby demand a trial by jury on all issues so triable, pursuant to, inter alia, Civil Rules 38 and 39 of the Ohio Rules of Civil Procedure. /s/ Heather M. Schisler, Esq. Heather M. Schisler, Esq. [0076626] Trial Attorney for Plaintiffs Law Offices of Blake R. Maislin, LLC Maislin Professional Center 2260 Francis Lane Cincinnati, Ohio 45206 PH: (513) 444-4444 Ext, 145 FX: (513) 721-5557 EM: hschisler@maislinlaw.com Page 8 of 9 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ INSTRUCTIONS TO THE CLERK Please issue Summons and serve the Summons and First Amended Complaint upon the named Defendant at the address stated in the caption via Certified U.S. Mail Service, Return Receipt Requested. Should service be returned as “UNCLAIMED,” then please re-issue service to that Defendant, via regular U.S. mail service, postage prepaid. 1Ls/ Heather M. Schisler, Esa. Heather M. Schisler, Esq. [0076626] Trial Attorney for Plaintiffs Law Offices of Blake R. Maislin, LLC Maislin Professional Center 2260 Francis Lane Cincinnati, Ohio 45206 PH: (513) 444-4444 Ext. 145 FX: (513) 721-5557 EM: hschisler@maislinlaw.com Page 9 of 9 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ encovi SUR ance 12/24/2023 Certified Policy - As of 03/03/2023 Policy Number: 5000483982 John Kanis Teresa Kanis 7218 TREERIDGE DR CINCINNATI, OH 45244-3552 The undersigned certifies that this is a true and correct copy of the coverages in effect for policy number 5000483982 on 03/03/2023 by MICO Insurance Company, a member of Encova Mutual Insurance Group to John Kanis and Teresa Kanis. = Ryan Binau AVP Personal Lines Underwriting Personal Lines Division Encova's name and logo are the registered marks of Encova Mutual Insurance Group. E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ encova INSURANCE HOMEOWNERS NEW BUSINESS DECLARATIONS Policy period: 04/01/2022 to 04/01/2023 This policy period begins and ends at 12:01 a.m. at the address of the named insured shown. Policy number Account number Payment plan Effective date Dec issue # Total premium 5000483982 4000278617 Mortgagee Billed 04/01/2022 001 $1,624.00 Named insured Your agent John Kanis Limes & Riffle Independent Insurance Teresa Kanis Agents LLC 7218 TREERIDGE DR 8595 Beechmont Ave CINCINNATI, OH 45244-3552 STE 300, Cincinnati, OH 45255-4740 (813) 474-7550 dmannerino@Imr-insurance.com Insured property details 7218 TREERIDGE DR CINCINNATI, OH 45244-3552 Year built Construction type Age of roof 1987 Frame 16 Homeowners premium $1,624.00 Taxes and fees; $0 Total premium: $1,624.00 Your coverages Property coverages Limit Coverage A - Dwelling $359,746 Coverage B - Other Structures $35,975 Coverage C - Personal Property $251,822 Coverage D - Loss of Use $107,924 Liability coverages Limit Coverage E — Personal Liability $300,000 Coverage F ~ Medical Payments To Others $5,000 Deductibles All Perils $1,000 DEC0001 1019 Page 2 of 4 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ encova PNSURANCE HOMEOWNERS NEW BUSINESS DECLARATIONS Mortgagees and additional interests Type Interest Loan number First Mortgagee FIFTH THIRD BANK ISAOA ATIMA 0411337116 PO BOX 391197, SOLON, OH 44139-8197 Encova ChoicePak™ Additional coverages inflation Protection Coverage Limited Fungi, Wet or Dry Rot, Bacteria Coverage Section | Limit $10,000 Section It Limit $50,000 Personal Property Replacement Cost Loss Settlement Specified Additional Amount of Insurance for Coverage A - Dwelling [3 Additional Amount of Insurance 25% Personal Injury Coverage [3 Aggregate Limit of Liability $300,000 Limited Water Back-up and Sump Discharge or Overflow Coverage [3] Limit $25,000 Equipment Breakdown Coverage Limit $100,000 Deductible $500 Buried Utility Lines Coverage Limit $10,000 Deductible $500 Discounts Total savings on your premium $931.00 Encova ChoicePak™ Multi-Policy Advance Quote afe Premises Paperless AutoPay Plan Pay on Time Age of Construction DECO0001 1019 Page 3 of 4 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ encova INSURANCE HOMEOWNERS NEW BUSINESS DECLARATIONS Your policy documents Form number Form title HO 00 03 05 11 Homeowners 3 - Special Form HO 01 34.05 11M Special Provisions - Ohio HO7 00 11 03 19 Inflation Protection Coverage HO 06 53 02 17 Home-Sharing Host Activities Amendatory Endorsement HO 04 27 05 11 Limited Fungi, Wet Or Dry Rot, Or Bacteria Coverage ML7 00 02 03 19 Loyalty Rewards or Promotional Items HO7 00 10 03 19 Lead And Pollution Liability Exclusion HO 34 03 02 17 Personal Injury For Aircraft Liability Excluded HO7 00 22 12 20 Punitive Damages Exclusion HO7 00 23 12 20 Special Windstorm Or Hail Loss Notice Provision HO 04 90 05 11 Personal Property Replacement Cost Loss Settlement HO 04 20 05 11 Specified Additional Amount Of Insurance For Coverage A - Dwelling HO 24 10 05 11 Personal Injury Coverage (Aggregate Limit Of Liability) HO 04 95 01 14M Limited Water Back-Up And Sump Discharge Or Overflow Coverage HO7 00 15 08 19 Equipment Breakdown Endorsement HO7 00 17 08 19 Buried Utility Lines Coverage Important Information Flood Coverage Notice This policy does not cover damage from flood. For information about flood insurance, contact the National Flood Insurance Program or your Insurance Agent. The secretary and president of MICO Insurance Company, a member of Encova Mutual Insurance Group, have signed this policy with legal authority. Lf Olnbe,p. Corporate Secretary President & CEO This page completes your declarations, DEC0001 1019 Page 4 of 4 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ encova ” DRANCE ENCOVA MUTUAL INSURANCE GROUP PRIVACY NOTICE We are committed to protecting your privacy and earning your trust. We respect your right to keep your personal information confidential and to avoid unwanted solicitations. In order to provide our products and services to you, we must collect, use and share personal information about you. Your privacy is important to us and this Privacy Notice describes our policies and practices to protect your information and how you may control the maintenance and sharing of that information. We may collect personal information about you and members of your household in connection with your transactions with us. The type of information collected may vary depending on the type of products or services you have with us. Information collected may include: Information provided to us on applications or forms, during conversations with us or our representatives, or when you visit our website; Information about your transactions with us, our affiliates or others; Information from third parties such as consumer or other reporting agencies and medical or health care providers. We do not sell or provide any information we gather to third parties who may wish to provide you with information about their products or services. We may, as permitted by law, provide information about you to certain persons or organizations. The types of persons or organizations we may share this information with may include: Your agent and others who provide our products and services to you; Persons or organizations that perform professional, business or insurance functions for us; Insurance support organizations; Independent claims adjusters; Regulatory and enforcement authorities. As part of servicing or maintaining your contract, and for other legally permitted purposes, we may disclose your personal information among the affiliated companies of the Encova Mutual Insurance Group, including Motorists Life Insurance Company. We maintain physical, electronic and procedural safeguards to protect your personal information and to comply with federal and state laws. We have controls that restrict access to personal information about you to our employees and others who may need to know that information to provide products or services to you. In addition, we review our policies and practices, monitor our computer networks, and test the strength of our security. You have the right to review the recorded personal information about you contained in our files and to obtain a copy. You have the further right to request that we correct, amend or delete any inaccurate information. If, after reading this notice, you have any questions about our privacy practices or the information contained in our files about you, please contact us at: Encova Mutual Insurance Group 471 E. Broad St. Columbus, OH 43215 NROO111020 Encova's name and logo are the registered Page 1 of 2 marks of Encova Mutual Insurance Group. E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ This Privacy Notice applies to the companies of the Encova Mutual Insurance Group. The Encova Mutual Insurance Group includes, but is not limited to: Motorists Mutual Insurance Company, Motorists Commercial Mutual Insurance Company, MICO Insurance Company, Encova Life Insurance Company, BrickStreet Mutual Insurance Company, SummitPoint Insurance Company, PinnaclePoint Insurance Company, NorthStone Insurance Company, AlleghenyPoint Insurance Company, Consumers Insurance USA, Inc., lowa Mutual Insurance Company, lowa American Insurance Company, IMARC, LLC, Phenix Mutual Fire Insurance Company, Wilson Mutual Insurance Company, Encova Service Corporation, Encova Realty, LLC, Broad Street Brokerage Insurance Agency, LLC, Encova Insurance Agency, Inc., Encova Foundation of Ohio, and Encova Foundation of West Virginia. Updated as of: 12/24/2023 NROO111020 Encova's name and logo are the registered Page 2 of 2 marks of Encova Mutual Insurance Group. E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ 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//Avww.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 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ encova ruSURB ANCE POLICYHOLDER NOTICE Policy Number: 5000483982 Thank you for giving MICO Insurance Company, a member of Encova Mutual Insurance Group the opportunity to provide you with insurance protection. When we rate our customers’ insurance policies, we obtain a number of consumer reports. Among these is an insurance score that we obtain from TransUnion, which is based on credit information such as payment history, inquiry activity, and age of credit. A report we recently obtained included the following factors that affected your score: Reason Code Description DHO There are no accounts. Optimum value is no delinquency and the maximum credit card utilization over last 12 months is > 0% and <1%. sog There are 10 or more inquiries. Optimum value is no inquiries. G41 Months since most recent credit card opened is 1-12. Optimum value is 240 or more months. G52 No mortgage accounts. Optimum value is mortgage 0-12 months old. DHO There are no accounts. Optimum value is no delinquency and the maximum credit card utilization over last 12 months is > 0% and <1%. G41 Months since most recent credit card opened is 1-12. Optimum value is 240 or more months. G52 No mortgage accounts. Optimum value is mortgage 0-12 months old. S03 There are 4 inquiries. Optimum value is no inquiries. Your insurance score in only one form of information we use to obtain the premium we charge for your coverage. For example, for auto insurance we review your driving record and the types of vehicles you own. For homeowners insurance, we review your loss history and the quality of the fire protection services where you live After evaluating all of those factors, the premium charged for your insurance policy is not reflecting our lowest possible rate. This is in part due to your insurance score. You may obtain a free disclosure of the information in your consumer report and dispute its contents by contacting TransUnion at the address below in the next 60 days: TransUnion Consumer Solutions P.O. Box 1000 Chester, PA 19016-2000 (800) 888-4213 Please note that TransUnion does not make decisions concerning your premium nor can they answer questions about the cost of your insurance. If TransUnion corrects their record as a result of information you provide to them, please contact your Encova agent so we may correct your premium. NROO100120 Encova's name and logo are the registered Page 1 of1 marks of Encova Mutual Insurance Group. E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ encovaIN SUR A 7 NCE HOMEOWNERS POLICY ENCOVA MUTUAL INSURANCE GROUP This policy is provided and underwritten by MICO Insurance Company, a stock insurance company. 471 E. Broad St. Columbus, OH 43215 In the event of a loss, contact your agent, or call our 24-hour claim reporting service at 866-839-1372. Mutual Rights This policy is non-assessable. By acceptance of this policy and payment of premium, you become a member of Encova Mutual Insurance Group, Inc. and shall be entitled to vote at meetings of the members of Encova Mutual Insurance Group, Inc., but upon cancellation or termination of this policy, you shall cease to be a member. Annual Meeting You, by virtue of this policy, are a member of Encova Mutual Insurance Group, Inc. while this policy is in force and are entitled to one vote at all meetings of the members. The annual meeting of the members of Encova Mutual Insurance Group, Inc. is held at 9:00 AM on the fourth Monday in April of each year at the home office of Encova Mutual Insurance Group, Inc, in Columbus, Ohio, for the election of directors and the transaction of such other business as may properly come before the meeting. ML700030820 E-FILED 02/08/2024 12:11 PM / CONFIRMATION 1428687 / A 2400640 / COMMON PLEAS DIVISION / IFIJ HOMEOWNERS HO 00 03 05 11 HOMEOWNERS 3 - SPECIAL FORM AGREEMENT "Bodily injury" means bodily harm, sickness or We will provide the insurance described in this policy disease, including required care, loss of in return for the premium and compliance with all services and death that results. applicable provisions of this policy. “Business” means: DEFINITIONS a. A trade, profession or occupation engaged A. In this policy, "you" and "your" refer to the "named in on a full-time, part-time or occasional basis; or insured" shown in the Declarations and the spouse if a resident of the same household. "We", b. Any other activity engaged in for money or “us" and "our" refer to the Company providing this other compensation, except the following: insurance. (1) One or more activities, not described in In addition, certain words and phrases are defined (2) through (4) below, for which no as follows: “insured" receives more than $2,000 in total compensation for the 12 months . “Aircraft Liabil " "Hovercraft Liabilit ‘Motor Vehicle Liability" and "Watercraft Liability", before the beginning of the policy subject to the provisions in b. below, mean the period; following: (2) Volunteer activities for which no money a. Liability for “bodily injury" or "property is received other than payment for damage" arising out of the: expenses incurred to perform the activity; (1) Ownership of such vehicle or craft by an “insured”, (3) Providing home day care services for which no compensation is received, (2) Maintenance, occupancy, operation, other than the mutual exchange of such use, loading or unloading of such services; or vehicle or craft by any person; (3) Entrustment of such vehicle or craft by (4) The rendering of home day care services to a relative of an "insured". an “insured" to any person; "Employee" means an employee of an (4) Failure to supervise or negligent “insured”, or an employee leased to an supervision of any person involving “insured" by a labor leasing firm under an such vehicle or craft by an “insur agreement between an "insured" and the labor (5) Vicarious liability, whether or not leasing firm, whose duties are other than those imposed by law, for the actions of a performed by a "residence employee". child or minor involving such vehicle or “Insured” means: craft. a. You and residents of your household who b, For the purpose of this definition: are: (1) Aircraft means any contrivance used or (1) Your relatives; or designed for flight except model or hobby aircraft not used or designed to (2) Other persons under the age of 21 and carry people or cargo; in your care or the care of a resident of your household who is your relative; (2) Hovercraft means a_ self-propelled b. A student enrolled in school full-time, as motorized ground effect vehicle and includes, but is not limited to, flarecraft defined by the school, who was a resident and air cushion vehicles; of your household before moving out to attend school, provided the student is (3) Watercraft means a craft principally under the age of: designed to