Legal Document: PLANCHE, RAINER vs. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

On February 12, 2024 a was filed involving a dispute between Planche, Rainer, and Universal Property & Casualty Insurance Company, for CIRCUIT CIVIL in the District Court of Osceola County.

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Filing # 191791844 E-Filed 02/12/2024 05:00:03 PM

IN THE CIRCUIT COURT OF THE
9TH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
RAINER PLANCHE,
CASE NO.:
Plaintiff,
v.

UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,

Defendant,
/

COMPLAINT

Plaintiff, RAINER PLANCHE (the “Insured”), hereby sues Defendant, UNIVERSAL

PROPERTY & CASUALTY INSURANCE COMPANY (the “Insurance Company”), and alleges as

follows:

PARTIES, JURISDICTION AND VENUE

1. This is an action for damages that exceeds Fifty Thousand and 00/100 Dollars

($50,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a

Declaratory Judgment Action.

2. The Insured is an individual who at all times material hereto has resided in Osceola

County, Florida.

3. The Insurance Company is a Florida corporation qualified to do business in Florida

and has, at all times material hereto, been conducting business in Osceola County, Florida.

4. Venue is proper in Osceola County, Florida because the contract, which forms the

subject matter of this lawsuit, was executed in Osceola County, Florida.

5. All conditions precedent to the filing of this lawsuit have occurred, have been

waived or have been performed.
GENERAL ALLEGATIONS

6. At all times material hereto, in consideration of a premium paid by the Insured,

there was in full force and effect a certain homeowners insurance policy issued by the Insurance

Company with a policy number of 1501-1801-5312 (the “Policy”). A true and correct copy of

policy is attached hereto as Exhibit “A”.

7. The damaged property is located at 102 Windy Dune Ct, Kissimmee, Florida 34743

(the “Property”).

8. Pursuant to the terms of the Policy, the Insurance Company agreed to provide

insurance coverage to the Insured’s Property for all risks unless specifically excluded by the terms

of the Policy.

9. On or about September 28, 2022, while the Policy was in full force and effect, the

Property sustained a covered loss as a result of Hurricane Ian (the “Loss”).

10. The Insurance Company assigned claim number FL22-0150090-A322 to the Loss.

11. The Insurance Company acknowledged that the Property sustained a covered Loss

and offered payment.

12. However, after diligent inspection of the Loss, it was obvious that the Property

sustained covered damages greater than the damages acknowledged by the Insurance Company.

13. As of the date of the filing of this lawsuit, the Insurance Company has failed to

acknowledge that additional payment would be forthcoming, and it has failed to adequately

provide coverage under the terms of the Policy. As a result of the foregoing, the Insurance

Company has breached the Policy.
14. The Insured has suffered and continues to suffer damages resulting from Insurance

Company’s breach of the Policy.

15. The Insured has been obligated to retain the undersigned attorneys for the

prosecution of this action and is entitled to a reasonable attorney’s fee pursuant to Florida Statute

Sections 627.428 and/or 626.9373.

COUNT I
BREACH OF CONTRACT

16. The Insured reincorporates paragraphs 1 through 15 as if fully set forth herein.

17. It is undisputed that the Insured and the Insurance Company entered into a written

contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company

agreed to insure the Insured’s Property.

18. The Insured has paid all premiums due and owing as contemplated by the Policy;

thus, fully performing obligations under the Policy.

19. The Insured’s Property sustained damage which the Insurance Company agreed to

provide coverage for under the terms of the Policy.

20. The Insurance Company has failed to: (i) provide coverage for the Loss under the

terms of the Policy; and/or (ii) acknowledge that additional payment would be forthcoming; and/or

(iii) make adequate payment of insurance proceeds to the Insured. As a result of the foregoing, the

Insurance Company has breached the Policy.

21. As a direct and proximate result of the Insurance Company’s breach of the Policy,

the Insured has sustained damages.

WHEREFORE, the Insured respectfully requests that this Court enters judgment against

the Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees

pursuant to Sections 627.428 and/or 626.9373.
JURY TRIAL DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable. Dated this 12th day of February 2024.

Respectfully Submitted by,
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 5th Floor.
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email: YIA2@Yourinsuranceattorney.com
Secondary Email: Eservice@Yourinsuranceattorney.com

By: /s/ Natasha A. Rivera
Natasha A. Rivera, Esq.
Florida Bar No. 1015700
NRivera@YourInsuranceAttorney.com
Anais Saavedra, Esq.
Florida Bar No. 1018447
Anais@YourInsuranceAttorney.com
Universal Property & Casualty Insurance Company, Homeowners
A Stock Company
Declaration Effective
c/o Evolution Risk Advisors, Inc.
04/24/2022
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309
EXHIBIT "A" Renewal Policy

THIS IS NOT A BILL
For Policy or Claims Questions Contact Your Agent Listed Below
Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code
1501-1801-5312 04/24/2022 04/24/2023 12:01 AM Standard Time AL93

Named Insured and Address Agent Name and Address
RAINER PLANCHE Familia Insurance
102 Windy Dune Ct 3055 Michigan Avenue
Kissimmee, FL 34743 Kissimmee, FL 34744
(407) 409-2880 (407) 847-8007
Insured Location
102 WINDY DUNE CT KISSIMMEE, FL 34743 OSCEOLA COUNTY

Premium Summary
Basic Coverages Attached Endorsements Total Policy Premium
Premium Premium Assessments / Surcharges MGA Fees/Policy Fees (Including Assessments & Surcharges)
$3,760.00 ($1,669.00) $144.00 $42.65 $2,277.65
Rating Information
Townhouse/ Number of Protection
Form Construction Year Rowhouse Families Occupied Class Territory BCEG
HO3 Masonry Veneer 1998 N 1 Y 3 511 4

Dwelling Personal Property Protective Device Credits:
County Replacement Cost Replacement Cost Burglar Fire Sprinkler
Osceola Y N N N N
We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions
of this policy. For renewals: If we elect to continue this insurance, we will renew this policy if you pay the required renewal
premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to
the end of the current policy period or else this policy will expire.

Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the
conditions of this policy.
COVERAGES - SECTION I LIMITS PREMIUMS COVERAGES - SECTION II LIMITS PREMIUMS
Coverage A - Dwelling $286,720 $3,760.00 Coverage E - Personal Liability $100,000 $0.00
Coverage B - Other Structure $28,675 Coverage F - Medical Payments $1,000 $0.00
Coverage C - Personal Property $143,360
Coverage D - Loss of Use $57,344
NOTE: The portion of your premium for hurricane coverage is: $701.00
The portion of your premium for all other coverages is: $1,576.65
Section I Coverages Subject to a 2.0% of Coverage A - $5,734 Hurricane Deductible Per Calendar
Year.
Section I Coverages Subject to $1,000 All Other Perils (Non-Hurricane, Non-Sinkhole) Deductible Per Loss.
The Ordinance or Law Coverage amount is 25% of Coverage A - $71,680

THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT-
OF-POCKET EXPENSES TO YOU.
Flood coverage is not provided by Universal Property & Casualty Insurance Company and is not part of this policy.

Familia Insurance

Countersignature Date Chief Executive Officer

UPCIC HO DEC 15 02 20 Printed Date: 10/11/2022 4:00:36 PM 1 of 3
Universal Property & Casualty Insurance Company,
A Stock Company
Declaration Effective
c/o Evolution Risk Advisors, Inc.
04/24/2022
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309 Renewal Policy

THIS IS NOT A BILL
Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code
1501-1801-5312 04/24/2022 04/24/2023 12:01 AM Standard Time AL93

Additional Interest
Mortgagee/Additional Interest 01 Mortgagee/Additional Interest 02 Mortgagee/Additional Interest 03
PHH Mortgage Services Its Successors and/or
Assigns
PO Box 5954
Springfield, OH 45501
8011841205
Mortgagee
Policy Forms & Endorsements Applicable to This Policy
NUMBER EDITION DESCRIPTION LIMITS PREMIUMS
UPCIC HO3 15 10 21 Homeowners 3 Special Form $3,760.00
UPCIC 905 15 03 18 Outline of Your Homeowner Policy
UPCIC 801 15 12 17 Windstorm Protective Devices ($1,669.00)
UPCIC 601 15 12 17 No Coverage for Home Day Care Business
UPCIC 201 15 05 21 Calendar Year Hurricane Deductible With Supplemental Reporting
Requirement - Florida
Year Built Surcharge $144.00
Emergency Management Preparedness Assistance Trust Fund $2.00
S
MGA Fee $25.00
2022 Florida Insurance Guaranty Association Recoupment $15.65

YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND
COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED
AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE
COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL
COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.

UPCIC HO DEC 15 02 20 Printed Date: 10/11/2022 4:00:36 PM 2 of 3
Universal Property & Casualty Insurance Company,
A Stock Company
Declaration Effective
c/o Evolution Risk Advisors, Inc.
04/24/2022
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309 Renewal Policy

THIS IS NOT A BILL
Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code
1501-1801-5312 04/24/2022 04/24/2023 12:01 AM Standard Time AL93

PLEASE VISIT UNIVERSALPROPERTY.COM TO VIEW YOUR APPLICABLE POLICY FORMS
AND ENDORSEMENTS. LOG IN AND CLICK MY POLICIES/POLICY DETAILS OR TYPE THIS
URL INTO YOUR INTERNET BROWSER:
HTTPS://UNIVERSALPROPERTY.COM/ACCOUNT/LOGIN. 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 CALLING CUSTOMER
SERVICE AT 1-800-425-9113.
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.

COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO-
PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-
POCKET EXPENSES TO YOU.

IMPORTANT: This replaces all previously issued policy declarations, if any and is subject to all forms and endorsements attached to this policy.
UPCIC HO DEC 15 02 20 Printed Date: 10/11/2022 4:00:36 PM 3 of 3
Checklist of Coverage
Policy Type: 1501-1801-5312 Homeowners

(Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's)

The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the
provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of
coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions,
surcharges, or credits will be sent separately.

Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual
coverages and limitations, and may even generate questions. By addressing any questions now, you will be more
prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of
attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your
policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual
heating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter
tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's
coverages and limitations will reduce confusion that may arise during claims settlement.

Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject
to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please
contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of
Consumer Services' Helpline at (800) 342-2762 or www.fldfs.com.

This form was adopted by the Florida Financial Services Commission.

Dwelling Structure Coverage (Place of Residence)

Limit of Insurance: $286,720 Loss Settlement Basis: Replacement Cost
(i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.)

Other Structures Coverage (Detached from Dwelling)

Limit of Insurance: $28,675 Loss Settlement Basis: Replacement Cost
(i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.)

Personal Property Coverage

Limit of Insurance: $143,360 Loss Settlement Basis: Actual Cash Value
(i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.)

Deductibles

Annual Hurricane: 2% - All Perils(Other than hurricane & sinkhole): $1,000

OIR-B1-1670 (1-1-06) 1 of 3
Checklist of Coverage (continued)
The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against:
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Y Fire or Lightning
Y Hurricane
N Flood (Including storm surge)
Y Windstorm or Hail (other than hurricane)
Y Explosion
Y Riot or Civil Commotion
Y Aircraft
Y Vehicles
Y Smoke
Y Vandalism or Malicious Mischief
Y Theft
Y Falling Objects
Y Weight of Ice, Snow or Sleet
Y Accidental Discharge or Overflow of Water or Steam
Y Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging
Y Freezing
Y Sudden and Accidental Damage from Artificially Generated Electrical Current
Y Volcanic Eruption
N Sinkhole
Y Any Other Peril Not Specifically Excluded (dwelling and other structures only)
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Loss of Use Coverage
Coverage Limit of Insurance Time Limit
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Y Additional Living Expense $57,344
Y Fair Rental Value $57,344
Y Civil Authority Prohibits Use $57,344 2 Weeks

Property - Additional/Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is coverage or is included within the policy limit.
NOT included)
Included Additional
Y Debris Removal X
Y Reasonable Repairs X
Y Property Removed X
Y Credit Card, Electronic Fund Transfer Card, or $500 X
Access Device, Forgery and Counterfeit Money

Y Loss Assessment X
Y Collapse X
Y Glass or Safety Glazing Material X
Y Landlord's Furnishings $2,500 X
Y Law and Ordinance $71,680 X
Y Grave Markers $5,000 X
Y Mold / Fungi $10,000/$20,000 X

OIR-B1-1670 (1-1-06) 2 of 3
Checklist of Coverage (continued)
Discounts
(Items below marked Y (Yes) indicate discount IS applied, those marked N Dollar Dollar ($) Amount of Discount
($) Amount of Discount (No) indicate discount is NOT applied))

N Multiple Policy
N Fire Alarm / Smoke Alarm / Burglar Alarm
N Sprinkler
Y Windstorm Loss Reduction $1,669
Y Building Code Effectiveness Grading Schedule $46
N Other

Insurer May Insert Any Other Property Coverage Below
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Loss Settlement Basis:
included, those marked N (No) indicate coverage is (i.e.: Replacement Cost, Actual Cash Value,
NOT included) Stated Value, etc.)

Personal Liability Coverage

Limit of Insurance: $100,000

Medical Payments to Others Coverage

Limit of Insurance: $1,000

Liability - Additional/Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is coverage or is included within the policy limit.
NOT included)
Included Additional
Y Claim Expenses X
Y First Aid Expenses X
Y Damage to Property of Others $1,000 X
Y Loss Assessment $1,000 X

Insurer May Insert Any Other Liability Coverage Below
(Items below marked Y (Yes) indicate coverage IS included, those marked N(No) Limit of Insurance
indicate coverage is NOT included)

OIR-B1-1670 (1-1-06) 3 of 3
HOMEOWNERS
UPCIC HO3 15 10 21

HOMEOWNERS 3 – SPECIAL FORM
TABLE OF CONTENTS

GENERAL Deductible ............................................................ 20
Agreement ............................................................ 3 Duties After Loss .................................................. 20
Definitions ...............................................................3 Loss Settlement ................................................... 21
Loss to a Pair or Set ............................................. 22
SECTION I – PROPERTY COVERAGES Mediation or Appraisal ......................................... 22
Coverage A - Dwelling ............................................6 Other Insurance and Service Agreement ............. 23
Coverage B – Other Structures ..............................6 Suit Against Us .................................................... 23
Special Limit of Liability Coverage A & B ...............7 Our Option ............................................................ 23
Coverage C – Personal Property ............................7 Loss Payment ...................................................... 23
Special Limits of Liability .........................................8 Abandonment of Property .................................... 24
Property Not Covered .............................................8 Mortgage Clause .................................................. 24
Coverage D – Loss of Use......................................9 No Benefit to Bailee ............................................. 24
Nuclear Hazard Clause ........................................ 24
ADDITIONAL COVERAGES Recovered Property ............................................. 24
Debris Removal ......................................................9 Volcanic Eruption Period ...................................... 24
Reasonable Emergency Measures ..................... 10 Policy Period ........................................................ 24
Trees, Shrubs and Other Plants .......................... 10 Concealment or Fraud ......................................... 24
Fire Department Service Charge ......................... 10 Loss Payable Clause ........................................... 25
Property Removed ............................................... 11 Adjustment to Property Coverage Limits ............. 25
Credit Card, Electronic Fund Transfer Card or
SECTION II – LIABILITY COVERAGES
Access Device, Forgery and Counterfeit Money . 11
Loss Assessment ................................................. 11 Coverage E – Personal Liability ........................... 25
Collapse ............................................................... 12 Coverage F – Medical Payments to Others ......... 25
Glass or Safety Glazing Material ......................... 13 SECTION II – EXCLUSIONS
Landlord’s Furnishings ......................................... 13
Ordinance or Law ................................................ 13 “Motor Vehicle Liability” ........................................ 25
Grave Markers ..................................................... 13 “Watercraft Liability” ............................................. 26
Catastrophic Ground Cover Collapse .................. 14 “Aircraft Liability” .................................................. 26
“Fungi”, Wet or Dry Rot or Bacteria ..................... 14 “Hovercraft Liability” ............................................. 26
Coverage E & F .................................................... 27
SECTION I – PERILS INSURED AGAINST Coverage E .......................................................... 28
Coverage A & B ................................................... 14 Coverage F........................................................... 29
Coverage C .......................................................... 16 SECTION II – ADDITIONAL COVERAGES
SECTION I – EXCLUSIONS Claim Expenses ................................................... 29
Ordinance or Law ................................................ 18 First Aid Expenses ............................................... 29
Earth Movement .................................................. 18 Damage to Property of Others ............................. 29
Water ................................................................... 18 Loss Assessment ................................................. 30
Power Failure ....................................................... 19 SECTION II – CONDITIONS
Neglect ................................................................. 19
War ...................................................................... 19 Limit of Liability ..................................................... 30
Nuclear Hazard .................................................... 19 Severability of Insurance ...................................... 31
Intentional Loss .................................................... 19 Duties After “Occurrence” .................................... 31
Governmental Action ........................................... 19 Duties of an Injured Person – Coverage F –
Assignee(s) or Third Parties ................................ 19 Medical Payments to Others ................................ 31
Criminal or Illegal Activity ..................................... 19 Payment of Claim – Coverage F – Medical
“Fungi”, Wet or Dry Rot or Bacteria ..................... 19 Payment to Others ............................................... 31
Existing Damage .................................................. 19 Suit Against Us ..................................................... 31
Bankruptcy of an “Insured” ................................... 31
SECTION I – CONDITIONS Other Insurance ................................................... 31
Insurable Interest and Limit of Liability ................ 20 Policy Period ........................................................ 31
Concealment or Fraud ......................................... 31

UPCIC HO3 15 10 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 34
SECTION I AND II – CONDITIONS Assignment........................................................... 33
Liberalization Clause ........................................... 32 Our Right to Recover Payment ............................ 33
Waiver or Change of Policy Provisions ............... 32 Death .................................................................... 33
Cancellation ......................................................... 32 Renewal Notification ............................................ 33
Nonrenewal .......................................................... 33 Advance Notice .................................................... 34

UPCIC HO3 15 10 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 2 of 34
HOMEOWNERS
UPCIC HO3 15 10 21

HOMEOWNERS 3 – SPECIAL FORM
AGREEMENT (5) Drone means a “drone” as defined in
We will provide the insurance described in this policy 6. below.
in return for the premium and compliance with all 2. "Bodily injury" means bodily harm, sickness or
applicable provisions of this policy. disease, including required care, loss of
DEFINITIONS services and death that results.
A. In this policy, "you" and "your" refer to the "named 3. "Business" means:
insured" shown in the Declarations and the spouse a. A trade, profession or occupation
if a resident of the same household. "We", "us" and engaged in on a full-time, part-time or
"our" refer to the Company providing this occasional basis;
insurance. b. “Home-sharing host activities”; or
B. In addition, certain words and phrases are defined c. Any other activity engaged in for money or
as follows: other compensation, except the following:
1. "Aircraft Liability", “Drone Liability”, (1) One or more activities, not described
"Hovercraft Liability", "Motor Vehicle Liability" in (2) through (4) below, for which no
and "Watercraft Liability", subject to the "insured" receives more than $2,000
provisions in b. below, mean the following: in total compensation for the 12
a. Liability for "bodily injury" or "property months before the beginning of the
damage" arising out of the: policy period;
(1) Ownership, rental or borrowing of (2) Volunteer activities for which no
such vehicle or craft by an "insured"; money is received other than payment
(2) Maintenance, occupancy, operation, for expenses incurred to perform the
use, loading or unloading of such activity;
vehicle or craft by any person; (3) Providing home day care services for
(3) Entrustment of such vehicle or craft by which no compensation is received,
an "insured" to any person; other than the mutual exchange of
such services; or
(4) Failure to supervise or negligent
supervision of any person involving (4) The rendering of home day care
such vehicle or craft by an "insured"; services to a relative of an "insured".
or 4. “Catastrophic ground cover collapse” means
(5) Vicarious liability, whether or not geological activity that results in all of the
imposed by law, for the actions of a following:
child or minor involving such vehicle a. The abrupt collapse of the ground cover;
or craft. b. A depression in the ground cover clearly
b. For the purpose of this definition: visible to the naked eye;
(1) Aircraft means any contrivance used c. “Structural damage” of the “principal
or designed for flight, except model or building” insured under this policy,
hobby aircraft not used or designed to including the foundation; and
carry people or cargo; d. The “principal building” or structure being
(2) Hovercraft means a self-propelled condemned and ordered to be vacated by
motorized ground effect vehicle and the governmental agency authorized by
includes, but is not limited to, flarecraft law to issue such an order for that
and air cushion vehicles; “principal building”.
(3) Watercraft means a craft principally Damage consisting merely of the settling or
designed to be propelled on or in cracking of a foundation, structure, or building
water by wind, engine power or does not constitute a loss resulting from a
electric motor; “catastrophic ground cover collapse”.
(4) Motor vehicle means a "motor vehicle"
as defined in 16. below; and

UPCIC HO3 15 10 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 3 of 34
"Catastrophic ground cover collapse" enabled application, web site or digital
coverage does not apply to Coverage B network.
structures. 11. "Home-sharing occupant" means a person,
5. “Diminution in value” means any reduction in other than an "insured", who:
value of any covered property prior to or a. Has entered into an agreement or
following repair or replacement as compared arranged compensation with an "insured"
to the value of that property immediately through the use of a "home-sharing
before the loss. network platform" for "home-sharing host
6. “Drone” means any unmanned aircraft or ship activities"; or
that can navigate autonomously without b. Is accompanying or staying with a person
human control or beyond line of sight by way described in Paragraph 11.a. of this
of GPS, remote control, or on board computer. definition under such "home-sharing host
7. "Employee" means an employee of an activities".
"insured", or an employee leased to an c. In this policy, the terms roomer, boarder,
"insured" by a labor leasing firm under an tenant or guest do not include a “home-
agreement between an "insured" and the labor sharing occupant”.
leasing firm, whose duties are other than those
performed by a "residence employee". 12. “Hurricane occurrence” means:
8. "Fungi" means: A storm system that has been declared to be
a hurricane by the National Hurricane Center
a. Any type or form of fungus, including mold of the National Weather Service, with a
or mildew; and any mycotoxins, spores, duration that:
scents or byproducts produced or
released by fungi. a. Begins at the time a hurricane watch or
hurricane warning is issued for any part of
b. Under Section II, this does not include any Florida by the National Hurricane Center
fungi that are in, are on, or are contained of the National Weather Service;
in, a good or product intended for
consumption. b. Continues for the time period during which
the hurricane conditions exist anywhere in
9. “Home-sharing host activities” means: Florida; and
a. The: c. Ends 72 hours following the termination of
(1) Rental or holding for rental; or the last hurricane watch or hurricane
(2) Mutual exchange of services; warning issued for any part of Florida by
the National Hurricane Center of the
of the "residence premises", in whole or in National Weather Service.
part, by an "insured" to a "home-sharing
occupant" through the use of a "home- 13. "Insured" means:
sharing network platform"; and a. You and residents of your household who
b. Any other related property or services are:
made available by an "insured" for use (1) Your relatives; or
during such:
(2) Other persons under the age of 21
(1) Rental; or and in your care or the care of a
(2) Mutual exchange of services; resident of your household who is
your relative;
except those property or services
provided by another party. b. A student enrolled in school full-time, as
defined by the school, who was a resident
10. "Home-sharing network platform" means an
of your household before moving out to
online-enabled application, web site or digital
attend school, provided the student is
network that:
under the age of:
a. Is used for the purpose of facilitating, for
money, mutual exchange of services or (1) 24 and your relative; or
other compensation, the rental of a (2) 21 and in your care or the care of a
dwelling or other structure, in whole or in resident of your household who is
part; and your relative; or
b. Allows for the agreement and c. Under Section II:
compensation with respect to such rental (1) With respect to animals or watercraft
to be transacted through such online- to which this policy applies, any

UPCIC HO3 15 10 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 4 of 34
person or organization legally d. Blemish.
responsible for these animals or 16. "Motor vehicle" means:
watercraft which are owned by you or
any person described in 13.a. or b. a. A self-propelled land or amphibious
"Insured" does not mean a person or vehicle; or
organization using or having custody b. Any trailer or semitrailer which is being
of these animals or watercraft in the carried on, towed by or hitched for towing
course of any "business" or without by a vehicle described in a. above.
consent of the owner; or 17. "Occurrence" means an accident, including
(2) With respect to a "motor vehicle" to continuous or repeated exposure to
which this policy applies: substantially the same general harmful
(a) Persons while engaged in your conditions, which results, during the policy
employ or that of any person period, in:
described in 13.a. or b.; or a. "Bodily injury"; or
(b) Other persons using the vehicle b. "Property damage".
on an "insured location" with your Assault or battery is not an “occurrence,” when
consent.

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ARENDAS, CHRISTINE E Track Judge’s New Case

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Document Filed Date

February 14, 2056

Case Filing Date

February 12, 2024

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Document for PLANCHE, RAINER vs. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

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