Preview
Filing # 186152116 E-Filed 11/15/2023 08:41 :14AM
IN THE COUNTY COURT OF THE 207
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO. 23001097CC
MARK NESS,
Plaintiff,
v
EDISON INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S MOTION TO DISMISS AND/OR MOTION FOR
JUDGMENT ON THE PLEADINGS
COMES NOW the Defendant, EDISON INSURANCE COMPANY (the “Defendant”),
pursuant to Florida Rule of Civil Procedure 1.140, and by and through its undersigned counsel,
hereby moves to dismiss the Complaint filed by Plaintiff, MARK NESS, (the “Plaintiff’). As
grounds therefore, the Defendant states as follows:
1. Failure to join an indispensable party may be raised at any time before trial by motion
for judgment on the pleadings. Motor v. Citrus County School Board, 856 So. 2d 1054, 1055 (Fla.
5th DCA 2003) (citing Fla. R. Civ. P. 1.140(h)(2)).
2. On September 29, 2023, the Plaintiff filed a lawsuit against the Defendant, alleging
Breach of Contract. See Plaintiff's Complaint attached hereto and incorporated herein as Exhibit
“A”
3. The basis of Plaintiff's action is an alleged breach of a homeowner’s insurance policy
between the Plaintiff and the Defendant for the property located at 10177 WILDCAT ST, PORT
CHARLOTTE, FL 33981-5803 (the “Subject Property”).
QUINTAIROS, PRIETO, Woop & BOYER, P.A., ATTORNEYS AT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 - Tel: (305) 670-1101 - Fax: (305) 670-1161
Page 2 of 3
4. The Plaintiff's Complaint pertains to an alleged loss/damage to the Subject Property
sustained on or about September 28, 2022. The claim arises from alleged wind and water damage
caused by wind to the Subject Property.
5. The Subject Property is owned by the Plaintiff and his wife, Dorothy Ness (the “Wife”).
See General Warranty Deed of Subject Property attached hereto and incorporated herein as Exhibit
“B”
6. The Wife is not a party to this lawsuit.
7. As an owner of the Subject Property, the Wife is an indispensable party. Carbon Capital
IL y. Estate of Tutt, 107 So. 3d 1239, 1245 (Fla. 3d DCA 2013) ("An indispensable party is one
whose legal or beneficial interest in the subject matter makes it impossible to completely
adjudicate the matter without affecting that party's interest.").
8. The Wife is a necessary and indispensable party because he is a “person whose interests
will necessarily be affected by a decree.” Santiago v. Sunset Cove Investments, Inc., 988 So. 2d
10, 14 (Fla. 2d DCA), review denied, 998 So. 2d 1146 (Fla. 2008).
9. Accordingly, the Defendant respectfully requests that this Honorable Court grant its
motion for judgment on the pleadings and dismiss the Plaintiff's complaint. Moore v. Leisure Pool
Service, Inc., 412 So. 2d 392, 393 (Fla. Sth DCA 1982). Significantly, the Wife is also an Insured
covered the policy of insurance which the Plaintiff claims the Defendant breached. See generally,
Exhibit “A.”
WHEREFORE, as Plaintiff has failed to join an indispensable party, Defendant, EDISON
INSURANCE COMPANY, respectfully requests that this Honorable Court grant this Motion,
enter an Order dismissing the subject Complaint without prejudice, enter an Order awarding fees
QUINTAIROS, PRIETO, Woop & BOYER, P.A., ATTORNEYS AT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 - Tel: (305) 670-1101 - Fax: (305) 670-1161
Page 3 of 3
and costs to the Defendant, and granting any further relief that the Court deems just, necessary,
and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was delivered on
November 15, 2023, to Kenneth R. Duboff, Esq., Duboff Law Firm, Attorneys for Plaintiffs, at:
courtdocument@dubofflawfirm.com
QUINTAIROS, PRIETO, WOOD & BOYER, P.A.
Attorneys for Defendant
9300 South Dadeland Blvd., 4" Floor
Miami, Florida 33156
Tel: 305-670-1101/ Fax: 305-670-1161
By: Zs/ Kelley Armitage
KELLEY H. ARMITAGE [FBN:966762]
kelleyarmitage@qpwblaw.com
JOSE E. BOSCH [FBN: 542431]
jbosch@gqpwblaw.com
QUINTAIROS, PRIETO, WooD & BOYER, P.A., ATTORNEYS AT LAW
9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 - Tel: (305) 670-1101 - Fax: (305) 670-1161
Exhibit A
Eu
a *23-000482856*
MA
‘curr FINANCIAL OFFICER
JIMMY
STATE OFPATRONIS.
FLORIDA
MARK NESS
CASE #: 23001097CC
COURT: COUNTY COURT
COUNTY: CHARLOTTE
PLAINTIFF(S) DFS-SOP #: 23-000482856
vs.
EDISON INSURANCE COMPANY
DEFENDANT(S)
/
SUMMONS, COMPLAINT, DISCOVERY, CIVIL COVER SHEET, STANDING ORDER, NOTICE OF
DESIGNATION OF EMAIL
NOTICE OF SERVICE OF PROCESS
NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer
of the State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on
Friday, September 29, 2023 and a copy was forwarded by ELECTRONIC DELIVERY on
Tuesday, October 3, 2023 to the designated agent for the named entity as shown below.
EDISON INSURANCE COMPANY
STACEY A GIULIANTI
903 NW 65 ST, STE 200
BOCA RATON, FL 33487
*Our office will only serve the initial process (Summons and Complaint) or Subpoena and is not
responsible for transmittal of any subsequent filings, pleadings, or documents unless otherwise
ordered by the Court pursuant to Florida Rules of Civil Procedure, Rule 1.080.
2h Wink
Jimmy Patronis
Chief Financial Officer
KENNETH ROBERT DUBOFF
DUBOFF LAW FIRM
680 NE 127TH STREET
NORTH MIAMI, FL 3316
cet
Office of the General Counsel - Service of Process Section
200 East Gaines Street - P.O. Box 6200 - Tallahassee, FL 32314-6200 - (850)413-4200.
Filing # 182334906 E-Filed 09/21/2023 12:59:52 PM
IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA
MARK NESS, CASE NO. 23001097CC
Plaintiff,
vs.
EDISON INSURANCE COMPANY,
Defendant.
SUMMONS
THE STATE OF FLORIDA
To Each Sheriff of the State:
You ARE COMMANDED to serve this summons and a copy of the complaint or petition in this
action on Defendant:
EDISON INSURANCE COMPANY
by serving: Florida Chief Financial Officer as RA
at: Office of the Chief Financial Officer
Florida Department of Financial Services
200 East Gaines Street
Tallahassee, FL 32399-0301
Each Defendant is required to serve written defenses to the complaint or petition on Petitioner's
Attorney whose name and address is:
Kenneth R. Duboff, Esq.
680 NE 127 Street
North Miami, Florida 33161
Email: CourtDocument@DuboffLawFirm.com
within 20 days after service of this summons on that Defendant, exclusive of the day of service,
and to file the original of the defenses with the Clerk of this Court either before service on
Petitioner's attorney or immediately thereafter. If a Defendant fails to do so, a default will be
entered against that Defendant for the relief demanded in the complaint or petition.
Dated: 09/26/2023
CLERK OF COURTS
COURT SEAL
wy Benes
(2)
IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA
DIVISION CASE NUMBER
CIVIL COVER SHEET
® cvit 23001097CC
PLAINTIFF VS. DEFENDANT CLOCK IN
MARK NESS EDISON INSURANCE COMPANY
The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other
documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of
reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.)
AMOUNT OF CLAIM In excess of $8,000, but not exceeding $50,000, exclusive of interest, court
costs and attorneys fees.
TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a
subcategory (is indented under a broader category), place an x in both the main category and subcategory boxes.
CIRCUIT CIVIL
O Condominium O Other
O Contracts and indebtedness O Antitrust/Trade Regulation
O Eminent Domain O Business Transactions
O Auto Negligence O Constitutional Challenge - Statute or Ordinance
O Negligence - Other O Constitutional Challenge - Proposed Amendment
O Business Governance O Corporate Trust
OC Business Torts C Discrimination - Employment or Other
O Environmental/Toxin Torts C1 Insurance Claims
O Third Party Indemnification C1 Intellectual Property
O Construction Defect 0) Libel/Slander
O Mass Tort O) Shareholder Derivative Action
O Negligent Security O Securities Litigation
O Nursing Home Negligence 0 Trade Secrets
O Premises Liability - Commercial O Trust Litigation
O Premises L:iability - Residential
O Products Liability COUNTY CIVIL
O Real Property/Mortgage Foreclosure
O Commercial Foreclosure @ Civil
O Homestead Residential Foreclosure O Replevins
O) Other Real Property Actions O Evictions
O Professional Malpractice O Other civil (non-monetary)
O Malpractice - Business
O Malpractice - Medical
O Malpractice - Other Professional
O Insurance Claims
COMPLEX BUSINESS COURT
This action is appropriate for assignment to Complex Business Court as delineated and mandated by
the Administrative Order. Yes O Now
REMEDIES SOUGHT
& monetary
0 non-monetary declaratory or injunctive relief
O punitive
NUMBER OF CAUSES OF ACTION: [ 1 ]
(specify) Breach of Contract
IS THIS A CLASS ACTION LAWSUIT?
O Yes
B® No
HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED
& No
O Yes IfYes”, list all related cases by name, case number and court
IS JURY TRIAL DEMANDED IN COMPLAINT?
B Yes
O No
I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my
knowledge and belief.
Signature: s/ Kenneth R. Duboff Florida Bar # 218261
Attorney for Plaintiff(s)/Petitioner(s)
Kenneth R. Duboff, Esq. Date: __ September 1, 2023
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
Plaintiff(s),
VS. CASE NO:
Defendant(s).
/
STANDING ORDER IN CIRCUIT CIVIL CASES IN THE
TWENTIETH JUDICIAL CIRCUIT
PURSUANT to Florida Rule of Civil Procedure 1.200(a), Florida Rule of Judicial Administration
2.545, and Administrative Order 1.13 (as amended) entered by the Chief Judge of this Circuit, the
parties are ordered to adhere to the following information and procedures applicable to civil lawsuits:
1. SERVICE OF THIS ORDER. The Plaintiff is directed to serve a copy of this order with
each Summons issued in this case. One copy of this Order is to be filed with the Clerk of the Circuit
Court with proof of service. The Plaintiff shall pay the appropriate statutory clerk’s fees for copies for
each Standing Order issued and attached to the Summons.
2. CIVIL CASE MANAGEMENT SYSTEM. The Supreme Court of Florida has established
guidelines for the prompt processing and resolution of civil cases. This Court has adopted a case
management system to help meet those guidelines. In contested cases (other than residential
foreclosures, involuntary commitment of sexually violent predators , Extraordinary Writs, 90 day
Notice of Medical Malpractice Claim, and Administrative Appeals), the parties are required to
participate in the case management system. The Court will issue a Case Management Plan after 150
days of the filing ofa case in the event the parties have not submitted an Agreed Case Management
Plan that has been approved by the Court. However, if it becomes necessary to amend the court-issued
Case Management Plan, the parties may submit an Agreed Case Management Plan, subject to approval
by the Court, or if the parties cannot agree on an Amended Plan, the parties may request a case
management conference. The form of the Agreed Case Management Plan may be accessed at the
Court’s website at: http://www.ca.cjis20.org/web/main/civil.asp. If a case management conference is
scheduled, attendance by trial counsel and those parties who are not represented by counsel is
mandatory.
3. ALTERNATIVE DISPUTE RESOLUTION (ADR). ADR provides parties with an out-
of-court alternative for settling disagreements. The Court requires the parties to participate in ADR
prior to trial. Mediation is mandatory unless the parties agree to another form of ADR. Mediation is a
conference at which an independent third party attempts to arrange a settlement between the parties.
The Court, at its discretion, may order the case be referred to Non-Binding Arbitration. Non-Binding
Arbitration is the process in which the court refers a case to a registered arbitrator, or panel of
arbitrators, who will hear evidence and make an award which may become a final judgment if a
Motion for Trial De Novo is not timely filed pursuant to Fla. R. Civ. P. 1820(h).
4, FAILURE TO PROSECUTE. The Court will issue a Notice of Intent to Dismiss a case if
there is no record of activity within a ten (10) month period of time.
5. RULES OF PROFESSIONALISM. The Twentieth Judicial Circuit has adopted
Administrative Order 2.20, which sets forth standards of professional courtesy and conduct for all
counsel practicing within the Circuit and self-represented litigants. The Court requires that all parties
familiarize themselves and comply with Administrative Order 2.20. Administrative Order 2.20 may be
viewed on the Court’s website at: http:/Avww.ca.cjis20.org/web/main/ao_admin.asp
DONE AND ORDERED in Punta Gorda, Charlotte County, Florida, on April 30, 2021.
HONORABLE GEOFFREY GENTILE
CUIT JUDGE
IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA.
MARK NESS, CASE NO. 23001097CC
Plaintiff,
vs.
EDISON INSURANCE COMPANY,
Defendant.
NOTICE OF EMAIL DESIGNATION
Florida Bar #218261
PLEASE TAKE NOTICE that the DUBOFF LAW FIRM hereby enters its Notice of Email
Designation Pursuant to Florida Rule of Judicial Administration 2.516. The following email address
is designated for service of pleadings and documents in this lawsuit.
Primary Email: CourtDocument@DuboffLawFirm.com
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was to be served upon
Defendant by the Florida Department of Financial Services together with the initial service of
process in this action.
DuBOFF LAW FIRM
ATTORNEYS FOR PLAINTIFF
680 NE 127 STREET
NorTH MIAMI, FLORIDA 33161
TELEPHONE (305) 899-0085
FAX No. (305) 899-0091
CourtDocument@DuboffLawFirm.com
By: S/ KENNETH R. DUBOFF
KENNETHR. DUBOFF, ESQ.
FLA. BAR # 218261
DUBOFF
ee
IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA.
MARK NESS, CASE NO. 23001097CC
Plaintiff,
vs.
EDISON INSURANCE COMPANY,
Defendant.
COMPLAINT FOR DAMAGES
COMES NOW Plaintiff, MARK NESS, by and through the undersigned attorneys, and
hereby sue Defendant and alleges:
1 This is an action for damages in excess of $8,000.00, but not exceeding $50,000.00...
2. Atall times material hereto, Plaintiff
was and is a resident of the county of this court
and otherwise sui juris.
3 At all times material hereto, Defendant was and is an insurance corporation doing
and/or transacting business in the county of this court.
4 At all times material hereto, Defendant was and is authorized by the Florida
Department of Financial Services to issue property insurance policies in Florida.
5 Atall times material hereto, in consideration of premiums paid by Plaintiff, there was
in full force and effect certain insurance policy being Policy number EDH5403527 (hereafter called
the "Policy"). A copy of the Policy is attached hereto as Exhibit "A."
6 Under the terms of the Policy, Defendant insured Plaintiff against certain losses to
Plaintiff's property located at 10177 Wildcat Street, Port Charlotte, Florida 33981 (hereafter called
the “property”).
7 On or about 9-28-2022, while the Policy was in full force and effect, Plaintiff suffered
a covered loss; to wit: hurricane causing direct physical loss to the property (hereafter the “loss”).
8 Defendant assigned claim number 954632-00 to the loss.
9. Defendant breached the insurance policy contract by failing pay the full amount of
insurance benefits due Plaintiff as a result of the loss.
10. Asa direct and proximate result of Defendant's aforedescribed breach of the insurance
DUBOFF
ee
policy contract, Plaintiff has sustained damages for which Plaintiff is entitled to be indemnified
against under the Policy and which were payable to or on behalf of Plaintiff in connection with the
loss to Plaintiff's property.
11. All conditions precedent to the filing of this Complaint have been met or have been
waived.
12. Plaintiff has been obligated to engage the undersigned attorneys for the prosecution
of this action and is entitled to a reasonable attorneys fee thereby pursuant to Fla. Stat. §627.428
and/or §626.9373 and/or §627.70152.
WHEREFORE Plaintiff sues Defendant for damages in excess of $8,000.00, but not
exceeding $50,000.00, plus statutory interest, court costs and reasonable attorneys fees pursuant to
Fla,. Stat., §627.428 and/or §626.9373 and/or §627.70152.
PLAINTIFF DEMANDS A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A MATTER
OF RIGHT BY A JURY.
DUBOFF LAW FIRM
ATTORNEYS FOR PLAINTIFF
680 N.E. 127 STREET
NORTH MIAMI, FLORIDA 33161
TELEPHONE (305) 899-0085
FAX No. (305) 899-0091
EMAIL: COURTDOCUMENT@DUBOFFLAWFIRM.COM
BY: /S_ KENNETH R. DUBOFF
KENNETH R. DUBOFF, ESQ.
FLA. BAR #218261
— DUBOFF a
Exhibit “A”
HOMEOWNERS DECLARATION
‘POLICY PERIOD 0
C EDISON POLICY NUMBER C EDISON BOUT RERISER
770,804 21967 Leigh Vay, A 180021957 epH5402827-00 ow20r022 sna P.Q4P0* 21987 Leigh Vatey PA 18002-1087 HPA 042072028
1AM ae tna eT
For Customer Sevies and Claims Call 865-558 029 or vat wn. edaoninrance com FORMS SCHEDULE
NEW BUSINESS DECLARATION Pokey FormHO3 Eecve 042072022 Date asvnc0420/2022, ‘This palei sabiet tote folowing Forms, Endersemens, Ces nd Surcharges
INSURED: ‘AGENCY:
MARK NESS TED TODD INSURANCEPALMSAGE?CIRCLE STE 201 Main Policy Forms.
DOROTHY ri ‘OF COVERAGE
{0177 WILDNESS 9470
ESTERO,CORKSCREW
FL 30028 ORB
Banca
EPR
167001
oc e51906 SSUTENE oFNOTICE
HowEonNeRS POLCY
PORT CHARLOTTE, FL. 39961.5003 ‘Agency16: 0001800 Roveroe Prwacy
obey oer a se ISCOUNTS FOR HURRICANE LOSS MITIGATION
Phone: 747.268.5458 Phone: 290-609-0005 breerress02
coe Opast210
ornEDINOELE INaMce
oueseie ‘or PREMILATOgease istry
DxcL Sosure
“The residence premises covered by fs polos latedatthe adsess listed below. exerINOSTorOPROTEETWVE
0177 WILOCAT ST, PORT CHARLOTTE, FL 3398
“Coverages provided where premium and inst of abi is shown subject tas and conaions of he poly ED1En aarageys
208 14 ALEXOAR YEASTENOR He caPANTOE DEDUCTILE
Or WATERO WT} SUPPLEMENTAL RERORTNGREQUREMENT -FLONOR
ROE
LUMI OF LIABILITY PREMIUM IMPORTANT INF ORI DING nd GonveYANCE
CAWANBD ORDINANCE COVERAGOAUAGE ANDLABLIT LMATATON
‘SECTION | COVERAGE Eo cee 0496981 te ot can Ox HOME ore NoTONZED OPERTY
‘OW s 270.000 20720 Eonooeoras 000 APFRUATON ORY CARE BUSNESS
. OTHER
PERSONALSTRUCTURES
PROPERTY $$ 135,000 99
Incuded8
SECTIONERSONALCOVERAGE s
LIABILITY s ‘00,000 1800 Endorsements
F_ MEDICAL PAYMENTS, 5 ‘5000, FEnno
e Description
‘OPTIONAL Ennooeos 900814
Frost PERSONAL
Chivano PROPERTY
SCREENED ORDENCLOSURE
REPLACEMENT
ONES NEREASED AMOUNT OF COVERAGE iret
tesa
‘See FORMSCOVERAC
SCHEDULE on page 2for deta 158.55
Enno gess08 15 s.000
‘‘eco ‘bass
00
oss assess
SINGIOLE LOSS COVERAGE ince
roe
[EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND 2.00
FLORIDA INSURANCE GUARANTY ASSOCIATION 01/01/22 ASSESSMENT ato2
WANAGING GENERAL AGENCY FEE: 25100
‘TOTAL POLICY. PREMIUM: 2,475 a4
Note: the portion of your premium for Hurricane Coverage is e005
Non-hurricane Premium: 16687
‘DEDUCTIBLES:
All Other Perils Deductible: $1,000 Sinkhole Deductible: N/A
HURRICANE DEDUCTIBLE: 2% of Coverage A= $5,400
‘aw and Ordinance Coverage: 25% A Sa Ta {0748 sone een ain
WORTGAGEE COMPANY
NA
Com KIS 04/29/2022
‘COUNTERSIGNED BY AUTHORIZED REPRESENTATIVE ‘COUNTERSIGNED DATE
oiHo ore ron 22 INSURED Corr geet fo1no ogc ston
20.60% 21057 Leigh Vey, A 180021957 0. Box 21967 Leigh Vay, PA 180021957
‘POLICY PERIOD.
C EDISON C EDISON BOUT RERISER
ARBRE. 0428/2023,
DEDUCTIBLE OPTIONS NOTICE
DISCOUNTS ‘This palcy contains a separate deductible for Huricane Losses and for All Other Pers. The deduotbies shown in your
poly declaration page(s) are the deductbles that will apply as described in your policy inthe event ofa covered loss. If
YoU fal to select a deductible at the time of your application submission, $1,000 All Other Peris and 2% Hurricane
‘eduetibles will apply. If you do not choose an Al Other Penis or Huricane Deductole at renewal, your previously
‘selected deductibles vila
TATING INFORMATION
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF- PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT.
POCKET EXPENSES TO YOU. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S
GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR
BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS.
POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE
LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT
SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. 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.
Checklist of Coverage (continued)
‘The above Limit of insurance, Deductlos and Loss Setement Bass apply othe following pels insured against
(ems below marked (Yes) cate coverage 1S inciliNooasn enages NOT included)
rear grins
Fura
Checklist of Coverage Fos (reaang soma
Wenger or Had (oar fan HESS]
Policy Type: Homeowner's Ristor Ovi Conmmonar
(indicate: Homeowne Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's) reat
eticles
ie
Vandasar or Masoous MEneT
“The folowing checklists for informational purposes only. Frida aw prohibitsthis checks rom changing any of the Fang OBS
provisions af re insurance contract which she subject ofthis ccksat. Any endorsement regarding changes in pes of eoverage, Wg ofc, Soon or Seat
‘excusing, lmtaions reductons,deducles, coinsurance, renewal prosions, cance ton prvsens, surcharges, or edits wa Acciden Discharge or Oveiow of Walz or Sa
De sent separate Sudden and Acasa Tearng Roan, Crack é
Revieving his checklist togeter wits yourpolcy can hep you ga tor understandingof your poc/’s actual coverages and | Sudien and Aestoral Danae rom ACT Ge
th ons, and may even gonerate questions. By addfessng any questonsnow, you illde more prepared later inthe eventof 2 Volcanic upton
aim. Experience has shown that many queso tend to aise regarding the coverage of tached or detaced stron pook [cass i Grosnd Cover Capes
‘enclosures, seened porches, and other iypes of endosures. Like, your poy insures a consominum ont, questions may Sino
‘te regarang he coverage of cttan ams, suchas ndvdual eating and ay condtonng unt; ndvidual water heaters; 00 ¥ [any Other Pat Nt Spec iy Ena ai
a, and cali coverings; bun cabinets and courier ops; apptances, wewow reatronts and hardware; and electical furs. ‘Special imits and loss settement exceptions may apply to certain items. Refer to your policy for deta
‘Reloar understanding of your polly’ coverages and Istatone wl educe confusion that may ase during Gams satan
Please roferto the poy for dota and any exceptions to the coverages listed inthis checklist. AI coverages are subject to the Tose of Use Coverage
provisions and conons ofthe policy and any endorsements If you Rave questonsrogarsing you please contac you average “Tine Lint I
‘get or company. Consumer assistance is avaiable ram te Deparment f Finacial Services, ivsien of Consumer Sevices! (Hema Below maiiedV (Ves) ndcate coverage 1 included, hose marked N inate covers Ten inate)
Helps at (800) 342-2762 or www fas. com, [Adora ng Expense io Se ol
‘This orm was adopted bythe oride Financial Services Commission, Y [Fa Renta value
1G Auto ProbUae
Property -AadtionalfOtherCe
iors Fajpunt of issuance & af acaTonal anoaTT
Dwelling Structure Coverage (Place of Residence) nctuded,belowtosemanea
markedY (Yes) ndcate coverages
N(No}Inceate coverage s NOPfr=9e ois Included vt he pokey im.
Inc
Unit
of nsurane: $270,000 Loss Settement Base Debris RenoaT Pais
es Redacemen Cot Acta Cah Vue Sate Val, [Reasonable Repale Pais
(Other Structures Coverage (Detached from Dwelling) Propery Reroved Pi
I Cad, Becrnte Fund Vanster C3, or ss
Accoss Devic, Fargery and Countrft Money
Unit of nsurane: $39,500 Loss Sttorent Bass: Replacement Cast Toes Assorarent Ta
Reglacinen Cat Ac Cn Vue, Saad Val, [coiaps= Pa
[Glass of Slo Gi Ta Pac
Personal Property Coverage Lands Furnisngs =, 0
Law and Ordinance Sis
Limitof Insurance: $125,000 Loss Seternant Base: Replacement Cost rave
ols Fang f
os Reglacinen Cat Al Cn Vue, Sad Val,
Deductibles
‘noua! Hunicane: $5600 {A Pos (ther Than Huricaney $1,000,
(01R-81-1670 (1-1-08) 10f3 (01R-81-1670 (1-41-06)
Checklist of Coverage (continued)
Discounts
NOP i i a
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Filing # 186152116 E-Filed 11/15/2023 08:41 :14AM IN THE COUNTY COURT OF THE 207 JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO. 23001097CC MARK NESS, Plaintiff, v EDISON INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION TO DISMISS AND/OR MOTION FOR JUDGMENT ON THE PLEADINGS COMES NOW the Defendant, EDISON INSURANCE COMPANY (the “Defendant”), pursuant to Florida Rule of Civil Procedure 1.140, and by and through its undersigned counsel, hereby moves to dismiss the Complaint filed by Plaintiff, MARK NESS, (the “Plaintiff’). As grounds therefore, the Defendant states as follows: 1. Failure to join an indispensable party may be raised at any time before trial by motion for judgment on the pleadings. Motor v. Citrus County School Board, 856 So. 2d 1054, 1055 (Fla. 5th DCA 2003) (citing Fla. R. Civ. P. 1.140(h)(2)). 2. On September 29, 2023, the Plaintiff filed a lawsuit against the Defendant, alleging Breach of Contract. See Plaintiff's Complaint attached hereto and incorporated herein as Exhibit “A” 3. The basis of Plaintiff's action is an alleged breach of a homeowner’s insurance policy between the Plaintiff and the Defendant for the property located at 10177 WILDCAT ST, PORT CHARLOTTE, FL 33981-5803 (the “Subject Property”). QUINTAIROS, PRIETO, Woop & BOYER, P.A., ATTORNEYS AT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 - Tel: (305) 670-1101 - Fax: (305) 670-1161 Page 2 of 3 4. The Plaintiff's Complaint pertains to an alleged loss/damage to the Subject Property sustained on or about September 28, 2022. The claim arises from alleged wind and water damage caused by wind to the Subject Property. 5. The Subject Property is owned by the Plaintiff and his wife, Dorothy Ness (the “Wife”). See General Warranty Deed of Subject Property attached hereto and incorporated herein as Exhibit “B” 6. The Wife is not a party to this lawsuit. 7. As an owner of the Subject Property, the Wife is an indispensable party. Carbon Capital IL y. Estate of Tutt, 107 So. 3d 1239, 1245 (Fla. 3d DCA 2013) ("An indispensable party is one whose legal or beneficial interest in the subject matter makes it impossible to completely adjudicate the matter without affecting that party's interest."). 8. The Wife is a necessary and indispensable party because he is a “person whose interests will necessarily be affected by a decree.” Santiago v. Sunset Cove Investments, Inc., 988 So. 2d 10, 14 (Fla. 2d DCA), review denied, 998 So. 2d 1146 (Fla. 2008). 9. Accordingly, the Defendant respectfully requests that this Honorable Court grant its motion for judgment on the pleadings and dismiss the Plaintiff's complaint. Moore v. Leisure Pool Service, Inc., 412 So. 2d 392, 393 (Fla. Sth DCA 1982). Significantly, the Wife is also an Insured covered the policy of insurance which the Plaintiff claims the Defendant breached. See generally, Exhibit “A.” WHEREFORE, as Plaintiff has failed to join an indispensable party, Defendant, EDISON INSURANCE COMPANY, respectfully requests that this Honorable Court grant this Motion, enter an Order dismissing the subject Complaint without prejudice, enter an Order awarding fees QUINTAIROS, PRIETO, Woop & BOYER, P.A., ATTORNEYS AT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 - Tel: (305) 670-1101 - Fax: (305) 670-1161 Page 3 of 3 and costs to the Defendant, and granting any further relief that the Court deems just, necessary, and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was delivered on November 15, 2023, to Kenneth R. Duboff, Esq., Duboff Law Firm, Attorneys for Plaintiffs, at: courtdocument@dubofflawfirm.com QUINTAIROS, PRIETO, WOOD & BOYER, P.A. Attorneys for Defendant 9300 South Dadeland Blvd., 4" Floor Miami, Florida 33156 Tel: 305-670-1101/ Fax: 305-670-1161 By: Zs/ Kelley Armitage KELLEY H. ARMITAGE [FBN:966762] kelleyarmitage@qpwblaw.com JOSE E. BOSCH [FBN: 542431] jbosch@gqpwblaw.com QUINTAIROS, PRIETO, WooD & BOYER, P.A., ATTORNEYS AT LAW 9300 South Dadeland Boulevard, 4th Floor, Miami, Florida 33156 - Tel: (305) 670-1101 - Fax: (305) 670-1161 Exhibit A Eu a *23-000482856* MA ‘curr FINANCIAL OFFICER JIMMY STATE OFPATRONIS. FLORIDA MARK NESS CASE #: 23001097CC COURT: COUNTY COURT COUNTY: CHARLOTTE PLAINTIFF(S) DFS-SOP #: 23-000482856 vs. EDISON INSURANCE COMPANY DEFENDANT(S) / SUMMONS, COMPLAINT, DISCOVERY, CIVIL COVER SHEET, STANDING ORDER, NOTICE OF DESIGNATION OF EMAIL NOTICE OF SERVICE OF PROCESS NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of the State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Friday, September 29, 2023 and a copy was forwarded by ELECTRONIC DELIVERY on Tuesday, October 3, 2023 to the designated agent for the named entity as shown below. EDISON INSURANCE COMPANY STACEY A GIULIANTI 903 NW 65 ST, STE 200 BOCA RATON, FL 33487 *Our office will only serve the initial process (Summons and Complaint) or Subpoena and is not responsible for transmittal of any subsequent filings, pleadings, or documents unless otherwise ordered by the Court pursuant to Florida Rules of Civil Procedure, Rule 1.080. 2h Wink Jimmy Patronis Chief Financial Officer KENNETH ROBERT DUBOFF DUBOFF LAW FIRM 680 NE 127TH STREET NORTH MIAMI, FL 3316 cet Office of the General Counsel - Service of Process Section 200 East Gaines Street - P.O. Box 6200 - Tallahassee, FL 32314-6200 - (850)413-4200. Filing # 182334906 E-Filed 09/21/2023 12:59:52 PM IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA MARK NESS, CASE NO. 23001097CC Plaintiff, vs. EDISON INSURANCE COMPANY, Defendant. SUMMONS THE STATE OF FLORIDA To Each Sheriff of the State: You ARE COMMANDED to serve this summons and a copy of the complaint or petition in this action on Defendant: EDISON INSURANCE COMPANY by serving: Florida Chief Financial Officer as RA at: Office of the Chief Financial Officer Florida Department of Financial Services 200 East Gaines Street Tallahassee, FL 32399-0301 Each Defendant is required to serve written defenses to the complaint or petition on Petitioner's Attorney whose name and address is: Kenneth R. Duboff, Esq. 680 NE 127 Street North Miami, Florida 33161 Email: CourtDocument@DuboffLawFirm.com within 20 days after service of this summons on that Defendant, exclusive of the day of service, and to file the original of the defenses with the Clerk of this Court either before service on Petitioner's attorney or immediately thereafter. If a Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the complaint or petition. Dated: 09/26/2023 CLERK OF COURTS COURT SEAL wy Benes (2) IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA DIVISION CASE NUMBER CIVIL COVER SHEET ® cvit 23001097CC PLAINTIFF VS. DEFENDANT CLOCK IN MARK NESS EDISON INSURANCE COMPANY The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) AMOUNT OF CLAIM In excess of $8,000, but not exceeding $50,000, exclusive of interest, court costs and attorneys fees. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x in both the main category and subcategory boxes. CIRCUIT CIVIL O Condominium O Other O Contracts and indebtedness O Antitrust/Trade Regulation O Eminent Domain O Business Transactions O Auto Negligence O Constitutional Challenge - Statute or Ordinance O Negligence - Other O Constitutional Challenge - Proposed Amendment O Business Governance O Corporate Trust OC Business Torts C Discrimination - Employment or Other O Environmental/Toxin Torts C1 Insurance Claims O Third Party Indemnification C1 Intellectual Property O Construction Defect 0) Libel/Slander O Mass Tort O) Shareholder Derivative Action O Negligent Security O Securities Litigation O Nursing Home Negligence 0 Trade Secrets O Premises Liability - Commercial O Trust Litigation O Premises L:iability - Residential O Products Liability COUNTY CIVIL O Real Property/Mortgage Foreclosure O Commercial Foreclosure @ Civil O Homestead Residential Foreclosure O Replevins O) Other Real Property Actions O Evictions O Professional Malpractice O Other civil (non-monetary) O Malpractice - Business O Malpractice - Medical O Malpractice - Other Professional O Insurance Claims COMPLEX BUSINESS COURT This action is appropriate for assignment to Complex Business Court as delineated and mandated by the Administrative Order. Yes O Now REMEDIES SOUGHT & monetary 0 non-monetary declaratory or injunctive relief O punitive NUMBER OF CAUSES OF ACTION: [ 1 ] (specify) Breach of Contract IS THIS A CLASS ACTION LAWSUIT? O Yes B® No HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED & No O Yes IfYes”, list all related cases by name, case number and court IS JURY TRIAL DEMANDED IN COMPLAINT? B Yes O No I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief. Signature: s/ Kenneth R. Duboff Florida Bar # 218261 Attorney for Plaintiff(s)/Petitioner(s) Kenneth R. Duboff, Esq. Date: __ September 1, 2023 IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION Plaintiff(s), VS. CASE NO: Defendant(s). / STANDING ORDER IN CIRCUIT CIVIL CASES IN THE TWENTIETH JUDICIAL CIRCUIT PURSUANT to Florida Rule of Civil Procedure 1.200(a), Florida Rule of Judicial Administration 2.545, and Administrative Order 1.13 (as amended) entered by the Chief Judge of this Circuit, the parties are ordered to adhere to the following information and procedures applicable to civil lawsuits: 1. SERVICE OF THIS ORDER. The Plaintiff is directed to serve a copy of this order with each Summons issued in this case. One copy of this Order is to be filed with the Clerk of the Circuit Court with proof of service. The Plaintiff shall pay the appropriate statutory clerk’s fees for copies for each Standing Order issued and attached to the Summons. 2. CIVIL CASE MANAGEMENT SYSTEM. The Supreme Court of Florida has established guidelines for the prompt processing and resolution of civil cases. This Court has adopted a case management system to help meet those guidelines. In contested cases (other than residential foreclosures, involuntary commitment of sexually violent predators , Extraordinary Writs, 90 day Notice of Medical Malpractice Claim, and Administrative Appeals), the parties are required to participate in the case management system. The Court will issue a Case Management Plan after 150 days of the filing ofa case in the event the parties have not submitted an Agreed Case Management Plan that has been approved by the Court. However, if it becomes necessary to amend the court-issued Case Management Plan, the parties may submit an Agreed Case Management Plan, subject to approval by the Court, or if the parties cannot agree on an Amended Plan, the parties may request a case management conference. The form of the Agreed Case Management Plan may be accessed at the Court’s website at: http://www.ca.cjis20.org/web/main/civil.asp. If a case management conference is scheduled, attendance by trial counsel and those parties who are not represented by counsel is mandatory. 3. ALTERNATIVE DISPUTE RESOLUTION (ADR). ADR provides parties with an out- of-court alternative for settling disagreements. The Court requires the parties to participate in ADR prior to trial. Mediation is mandatory unless the parties agree to another form of ADR. Mediation is a conference at which an independent third party attempts to arrange a settlement between the parties. The Court, at its discretion, may order the case be referred to Non-Binding Arbitration. Non-Binding Arbitration is the process in which the court refers a case to a registered arbitrator, or panel of arbitrators, who will hear evidence and make an award which may become a final judgment if a Motion for Trial De Novo is not timely filed pursuant to Fla. R. Civ. P. 1820(h). 4, FAILURE TO PROSECUTE. The Court will issue a Notice of Intent to Dismiss a case if there is no record of activity within a ten (10) month period of time. 5. RULES OF PROFESSIONALISM. The Twentieth Judicial Circuit has adopted Administrative Order 2.20, which sets forth standards of professional courtesy and conduct for all counsel practicing within the Circuit and self-represented litigants. The Court requires that all parties familiarize themselves and comply with Administrative Order 2.20. Administrative Order 2.20 may be viewed on the Court’s website at: http:/Avww.ca.cjis20.org/web/main/ao_admin.asp DONE AND ORDERED in Punta Gorda, Charlotte County, Florida, on April 30, 2021. HONORABLE GEOFFREY GENTILE CUIT JUDGE IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA. MARK NESS, CASE NO. 23001097CC Plaintiff, vs. EDISON INSURANCE COMPANY, Defendant. NOTICE OF EMAIL DESIGNATION Florida Bar #218261 PLEASE TAKE NOTICE that the DUBOFF LAW FIRM hereby enters its Notice of Email Designation Pursuant to Florida Rule of Judicial Administration 2.516. The following email address is designated for service of pleadings and documents in this lawsuit. Primary Email: CourtDocument@DuboffLawFirm.com CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was to be served upon Defendant by the Florida Department of Financial Services together with the initial service of process in this action. DuBOFF LAW FIRM ATTORNEYS FOR PLAINTIFF 680 NE 127 STREET NorTH MIAMI, FLORIDA 33161 TELEPHONE (305) 899-0085 FAX No. (305) 899-0091 CourtDocument@DuboffLawFirm.com By: S/ KENNETH R. DUBOFF KENNETHR. DUBOFF, ESQ. FLA. BAR # 218261 DUBOFF ee IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA. MARK NESS, CASE NO. 23001097CC Plaintiff, vs. EDISON INSURANCE COMPANY, Defendant. COMPLAINT FOR DAMAGES COMES NOW Plaintiff, MARK NESS, by and through the undersigned attorneys, and hereby sue Defendant and alleges: 1 This is an action for damages in excess of $8,000.00, but not exceeding $50,000.00... 2. Atall times material hereto, Plaintiff was and is a resident of the county of this court and otherwise sui juris. 3 At all times material hereto, Defendant was and is an insurance corporation doing and/or transacting business in the county of this court. 4 At all times material hereto, Defendant was and is authorized by the Florida Department of Financial Services to issue property insurance policies in Florida. 5 Atall times material hereto, in consideration of premiums paid by Plaintiff, there was in full force and effect certain insurance policy being Policy number EDH5403527 (hereafter called the "Policy"). A copy of the Policy is attached hereto as Exhibit "A." 6 Under the terms of the Policy, Defendant insured Plaintiff against certain losses to Plaintiff's property located at 10177 Wildcat Street, Port Charlotte, Florida 33981 (hereafter called the “property”). 7 On or about 9-28-2022, while the Policy was in full force and effect, Plaintiff suffered a covered loss; to wit: hurricane causing direct physical loss to the property (hereafter the “loss”). 8 Defendant assigned claim number 954632-00 to the loss. 9. Defendant breached the insurance policy contract by failing pay the full amount of insurance benefits due Plaintiff as a result of the loss. 10. Asa direct and proximate result of Defendant's aforedescribed breach of the insurance DUBOFF ee policy contract, Plaintiff has sustained damages for which Plaintiff is entitled to be indemnified against under the Policy and which were payable to or on behalf of Plaintiff in connection with the loss to Plaintiff's property. 11. All conditions precedent to the filing of this Complaint have been met or have been waived. 12. Plaintiff has been obligated to engage the undersigned attorneys for the prosecution of this action and is entitled to a reasonable attorneys fee thereby pursuant to Fla. Stat. §627.428 and/or §626.9373 and/or §627.70152. WHEREFORE Plaintiff sues Defendant for damages in excess of $8,000.00, but not exceeding $50,000.00, plus statutory interest, court costs and reasonable attorneys fees pursuant to Fla,. Stat., §627.428 and/or §626.9373 and/or §627.70152. PLAINTIFF DEMANDS A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A MATTER OF RIGHT BY A JURY. DUBOFF LAW FIRM ATTORNEYS FOR PLAINTIFF 680 N.E. 127 STREET NORTH MIAMI, FLORIDA 33161 TELEPHONE (305) 899-0085 FAX No. (305) 899-0091 EMAIL: COURTDOCUMENT@DUBOFFLAWFIRM.COM BY: /S_ KENNETH R. DUBOFF KENNETH R. DUBOFF, ESQ. FLA. BAR #218261 — DUBOFF a Exhibit “A” HOMEOWNERS DECLARATION ‘POLICY PERIOD 0 C EDISON POLICY NUMBER C EDISON BOUT RERISER 770,804 21967 Leigh Vay, A 180021957 epH5402827-00 ow20r022 sna P.Q4P0* 21987 Leigh Vatey PA 18002-1087 HPA 042072028 1AM ae tna eT For Customer Sevies and Claims Call 865-558 029 or vat wn. edaoninrance com FORMS SCHEDULE NEW BUSINESS DECLARATION Pokey FormHO3 Eecve 042072022 Date asvnc0420/2022, ‘This palei sabiet tote folowing Forms, Endersemens, Ces nd Surcharges INSURED: ‘AGENCY: MARK NESS TED TODD INSURANCEPALMSAGE?CIRCLE STE 201 Main Policy Forms. DOROTHY ri ‘OF COVERAGE {0177 WILDNESS 9470 ESTERO,CORKSCREW FL 30028 ORB Banca EPR 167001 oc e51906 SSUTENE oFNOTICE HowEonNeRS POLCY PORT CHARLOTTE, FL. 39961.5003 ‘Agency16: 0001800 Roveroe Prwacy obey oer a se ISCOUNTS FOR HURRICANE LOSS MITIGATION Phone: 747.268.5458 Phone: 290-609-0005 breerress02 coe Opast210 ornEDINOELE INaMce oueseie ‘or PREMILATOgease istry DxcL Sosure “The residence premises covered by fs polos latedatthe adsess listed below. exerINOSTorOPROTEETWVE 0177 WILOCAT ST, PORT CHARLOTTE, FL 3398 “Coverages provided where premium and inst of abi is shown subject tas and conaions of he poly ED1En aarageys 208 14 ALEXOAR YEASTENOR He caPANTOE DEDUCTILE Or WATERO WT} SUPPLEMENTAL RERORTNGREQUREMENT -FLONOR ROE LUMI OF LIABILITY PREMIUM IMPORTANT INF ORI DING nd GonveYANCE CAWANBD ORDINANCE COVERAGOAUAGE ANDLABLIT LMATATON ‘SECTION | COVERAGE Eo cee 0496981 te ot can Ox HOME ore NoTONZED OPERTY ‘OW s 270.000 20720 Eonooeoras 000 APFRUATON ORY CARE BUSNESS . OTHER PERSONALSTRUCTURES PROPERTY $$ 135,000 99 Incuded8 SECTIONERSONALCOVERAGE s LIABILITY s ‘00,000 1800 Endorsements F_ MEDICAL PAYMENTS, 5 ‘5000, FEnno e Description ‘OPTIONAL Ennooeos 900814 Frost PERSONAL Chivano PROPERTY SCREENED ORDENCLOSURE REPLACEMENT ONES NEREASED AMOUNT OF COVERAGE iret tesa ‘See FORMSCOVERAC SCHEDULE on page 2for deta 158.55 Enno gess08 15 s.000 ‘‘eco ‘bass 00 oss assess SINGIOLE LOSS COVERAGE ince roe [EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND 2.00 FLORIDA INSURANCE GUARANTY ASSOCIATION 01/01/22 ASSESSMENT ato2 WANAGING GENERAL AGENCY FEE: 25100 ‘TOTAL POLICY. PREMIUM: 2,475 a4 Note: the portion of your premium for Hurricane Coverage is e005 Non-hurricane Premium: 16687 ‘DEDUCTIBLES: All Other Perils Deductible: $1,000 Sinkhole Deductible: N/A HURRICANE DEDUCTIBLE: 2% of Coverage A= $5,400 ‘aw and Ordinance Coverage: 25% A Sa Ta {0748 sone een ain WORTGAGEE COMPANY NA Com KIS 04/29/2022 ‘COUNTERSIGNED BY AUTHORIZED REPRESENTATIVE ‘COUNTERSIGNED DATE oiHo ore ron 22 INSURED Corr geet fo1no ogc ston 20.60% 21057 Leigh Vey, A 180021957 0. Box 21967 Leigh Vay, PA 180021957 ‘POLICY PERIOD. C EDISON C EDISON BOUT RERISER ARBRE. 0428/2023, DEDUCTIBLE OPTIONS NOTICE DISCOUNTS ‘This palcy contains a separate deductible for Huricane Losses and for All Other Pers. The deduotbies shown in your poly declaration page(s) are the deductbles that will apply as described in your policy inthe event ofa covered loss. If YoU fal to select a deductible at the time of your application submission, $1,000 All Other Peris and 2% Hurricane ‘eduetibles will apply. If you do not choose an Al Other Penis or Huricane Deductole at renewal, your previously ‘selected deductibles vila TATING INFORMATION LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR AN IMPORTANT COVERAGE THAT YOU MAY WISH TO HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF- PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. POCKET EXPENSES TO YOU. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS. POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. 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. Checklist of Coverage (continued) ‘The above Limit of insurance, Deductlos and Loss Setement Bass apply othe following pels insured against (ems below marked (Yes) cate coverage 1S inciliNooasn enages NOT included) rear grins Fura Checklist of Coverage Fos (reaang soma Wenger or Had (oar fan HESS] Policy Type: Homeowner's Ristor Ovi Conmmonar (indicate: Homeowne Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's) reat eticles ie Vandasar or Masoous MEneT “The folowing checklists for informational purposes only. Frida aw prohibitsthis checks rom changing any of the Fang OBS provisions af re insurance contract which she subject ofthis ccksat. Any endorsement regarding changes in pes of eoverage, Wg ofc, Soon or Seat ‘excusing, lmtaions reductons,deducles, coinsurance, renewal prosions, cance ton prvsens, surcharges, or edits wa Acciden Discharge or Oveiow of Walz or Sa De sent separate Sudden and Acasa Tearng Roan, Crack é Revieving his checklist togeter wits yourpolcy can hep you ga tor understandingof your poc/’s actual coverages and | Sudien and Aestoral Danae rom ACT Ge th ons, and may even gonerate questions. By addfessng any questonsnow, you illde more prepared later inthe eventof 2 Volcanic upton aim. Experience has shown that many queso tend to aise regarding the coverage of tached or detaced stron pook [cass i Grosnd Cover Capes ‘enclosures, seened porches, and other iypes of endosures. Like, your poy insures a consominum ont, questions may Sino ‘te regarang he coverage of cttan ams, suchas ndvdual eating and ay condtonng unt; ndvidual water heaters; 00 ¥ [any Other Pat Nt Spec iy Ena ai a, and cali coverings; bun cabinets and courier ops; apptances, wewow reatronts and hardware; and electical furs. ‘Special imits and loss settement exceptions may apply to certain items. Refer to your policy for deta ‘Reloar understanding of your polly’ coverages and Istatone wl educe confusion that may ase during Gams satan Please roferto the poy for dota and any exceptions to the coverages listed inthis checklist. AI coverages are subject to the Tose of Use Coverage provisions and conons ofthe policy and any endorsements If you Rave questonsrogarsing you please contac you average “Tine Lint I ‘get or company. Consumer assistance is avaiable ram te Deparment f Finacial Services, ivsien of Consumer Sevices! (Hema Below maiiedV (Ves) ndcate coverage 1 included, hose marked N inate covers Ten inate) Helps at (800) 342-2762 or www fas. com, [Adora ng Expense io Se ol ‘This orm was adopted bythe oride Financial Services Commission, Y [Fa Renta value 1G Auto ProbUae Property -AadtionalfOtherCe iors Fajpunt of issuance & af acaTonal anoaTT Dwelling Structure Coverage (Place of Residence) nctuded,belowtosemanea markedY (Yes) ndcate coverages N(No}Inceate coverage s NOPfr=9e ois Included vt he pokey im. Inc Unit of nsurane: $270,000 Loss Settement Base Debris RenoaT Pais es Redacemen Cot Acta Cah Vue Sate Val, [Reasonable Repale Pais (Other Structures Coverage (Detached from Dwelling) Propery Reroved Pi I Cad, Becrnte Fund Vanster C3, or ss Accoss Devic, Fargery and Countrft Money Unit of nsurane: $39,500 Loss Sttorent Bass: Replacement Cast Toes Assorarent Ta Reglacinen Cat Ac Cn Vue, Saad Val, [coiaps= Pa [Glass of Slo Gi Ta Pac Personal Property Coverage Lands Furnisngs =, 0 Law and Ordinance Sis Limitof Insurance: $125,000 Loss Seternant Base: Replacement Cost rave ols Fang f os Reglacinen Cat Al Cn Vue, Sad Val, Deductibles ‘noua! Hunicane: $5600 {A Pos (ther Than Huricaney $1,000, (01R-81-1670 (1-1-08) 10f3 (01R-81-1670 (1-41-06) Checklist of Coverage (continued) Discounts NOP i i a