Preview
Filing # 194777205 E-Filed 03/28/2024 03:20:44 PM
2470047
IN THE CIRCUIT COURT OF THE 1974 JUDICIAL
CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA
CASE NO. 562024CA000523AXXXHC
FIRST PROTECTIVE INSURANCE COMPANY,
d/b/a FRONTLINE HOMEOWNERS
INSURANCE,
Petitioner,
Vv
MICHAEL MARTELLI and JENNIFER
MARTELLI,
Respondents.
/
PETITION FOR COURT-APPOINTED UMPIRE
Petitioner, FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE
HOMEOWNERS INSURANCE (“FRONTLINE”), by and through undersigned counsel
hereby files its Petition for Court-Appointed Umpire, and as grounds therefore would
state:
1 FRONTLINE is a Florida corporation with its corporate headquarters
located at 500 International Parkway, Lake Mary, Florida 32746.
2 Respondents, Michael Martelli and Jennifer Martelli (‘Respondents” or
“Insureds”), maintained a residence at 3031 SE Dalhart Rd., Port St. Lucie, FL 34952
(‘the Property”), at all times material hereto.
3 Frontline issued an HO-3 Homeowners Policy of Insurance No.: FPH3-
00153006 (“the Policy”) to the Insureds for the Property. See copy of the policy attached
as Exhibit “1”.
CASE NO.
4 This Court has subject matter jurisdiction over this Petition pursuant to
sections 682.03-04, Florida Statutes.
5 Venue is proper in this Court as the Property is located in St. Lucie County,
Florida
6 On or about September 28, 2022, the Property sustained damages as a
result of Hurricane lan (“the Loss”).
7 Frontline assigned claim number 01000086790 to the Loss.
8 A dispute has arisen between the parties as to the reasonable costs of
repairs to the Property allegedly resulting from the Loss
9 The Policy contains an appraisal provision that may be invoked by either
party in the event the parties cannot agree on the amount of loss. The policy states as
follows
F. Mediation or Appraisal. If you and we fail to agree on the settlement regarding the
loss, prior to filing suit, you must notify us of your disagreement in writing so that either
may
ee
2. Request an appraisal of the loss if we fail to agree on the amount of the loss. Both s
must agree to the appraisal process.
A request for appraisal must be in writing and be signed by all Named
“insureds” shown in the Declarations. You must comply with SECTION I - CONDITIONS,
C. Duties After Loss before making a request for appraisal.
At least 10 days before requesting appraisal, the party seeking appraisal must
provide the other party with a written estimate of the amount of any dispute
that results from the covered cause of loss. The estimate shall include a
description of each item of damaged property in dispute as a result of the
covered loss, along with the extent of damage and the estimated amount to
repair or replace the item.
b. In this event, each party will choose a competent appraiser within 20 days after
receiving a written request from the other. To qualify as a competent appraiser, neither
the appraiser nor the company that employs the a
is dependent on the amount of the appraisal awai
or flat fee shall not render an appraiser
rd. raiser is entitled to receive a fee that
However, the payment of an hourly
incompetent under this provision.
c. The two appraisers will choose a competent, disinterested umpire. If they
cannot agree upon an umpire within 15 days, you or we may request that the choice be
CASE NO.
made by a judge of a court of record in the state where the “residence premises” is
located
d. The appraisers will separately set the amount of the loss. If the appraisers
submit a written report of an agreement to us, the amount agreed upon will be the amount
of the loss. If they fail to agree, they will submit their differences to the umpire. A decision
agreed to by any two will set the amount of the loss.
In all instances, the written report of agreement will be in writing and
shall include the following
(1) A detailed list, including the amount to repair or replace, of each specific
item included in the award from the appraisal findings:
(2) The agreed amount of each item its replacement cost value and
corresponding actual cash value; and
(3) The statement of “This award is made subject to the terms and conditions
of the policy.” Each party will:
(a) Pay its own appraiser, including their costs associated with producing the
estimate in 2.a. of this provision, above; and
(b) Bear the other expenses of the appraisal and umpire equally.
e You, we, the appraisers, and the umpire shall be given reasonable and
timely access to inspect the property, in accordance with the terms of the
policy.
You” and “We” do not waive any rights by demanding or submitting to an
appraisal and retain all contractual rights to determine if coverage applies
to each item in dispute
Appraisal is only available to determine the amount of the loss of each item
in dispute. The appraisers and the umpire have no authority to decide
(1) Any other questions of fact
(2) Questions of law
(3) Questions of coverage
(4) Other contractual issues; or
to conduct appraisal on a class-wide-basis.
(FIM 00 23 06 21; page 15, 16 of 26)
10 On September 3, 2023, Frontline advised the Respondents that it was
invoking the appraisal process to determine the amount of loss. (A copy of the
correspondence dated September 3, 2023, is attached as Exhibit “2”)
11 On December 27, 2023, the Respondents’ counsel advised FRONTLINE
that Enrigue Perez would serve as their appraiser.
12 To date, the appraisers have been unable to agree to the selection of an
umpire.
CASE NO.
13. Appraisal is the appropriate remedy in disputes regarding the amount-of-
loss for a claim. See Johnson v. Nationwide Mut. Ins. Co., 828 So. 2d 1021, 1022 (Fla.
2002). Alternatively, disputes of causation and coverage fall within the purview of the
courts. /d. Thus, the Court should reserve jurisdiction as to any such coverage disputes
that may arise from the instant proceedings, and enforcement of the anticipated appraisal
award to be determined by the umpire in accordance with the provisions, terms,
conditions, and exclusions of the Policy, as well as applicable statutes and case law.
14. Petitioner requests the Court appoint Richard Collins as the umpire. Mr.
Collins’ Curriculum Vitae has been requested and will be filed with the Court upon receipt.
15. Alternatively, Petitioner requests the Court appoint Ted Taylor as the
umpire. Mr. Taylor’s Curriculum Vitae has been requested and will be filed with the Court
upon receipt.
16. Alternatively, Petitioner requests the Court appoint Jason Hisey as the
umpire. Mr. Hisey’s Curriculum Vitae has been requested and will be filed with the Court
upon receipt.
17. Additionally, pursuant to the contract of insurance, Petitioner requests the
Court order all parties bear equally the filing fee incurred in bringing this Petition for Court
Appointed Umpire.
18. A reasonable interpretation of the policy, which specifies that the parties will
bear the other expenses of the appraisal and umpire equally and provides for judicial
intervention as the only means by which to appoint an umpire in the event the appraisers
cannot agree on an umpire, includes the parties equally bearing the costs of filing the
CASE NO.
petition to appoint an umpire. (See Composite Exhibit “3” for trial orders awarding half of
the filing fee.)
19. Frontline respectfully requests that this Honorable Court enter an order
appointing an umpire who is familiar with hurricane damage, residential structure repairs,
and/or homeowner's insurance claims generally.
WHEREFORE, Petitioner, First Protective Insurance Company d/b/a Frontline
Homeowners Insurance, respectfully requests this Honorable Court appoint an umpire to
convene an appraisal to determine the amount of loss arising from the above-referenced
Loss in accordance with the terms, conditions, and exclusions of the Policy, as well as
applicable statutes and case law. Also, Frontline respectfully requests the Court enter an
order requiring the parties to bear equally the cost of this. Finally, Frontline respectfully
requests that this Honorable Court reserve jurisdiction regarding issues of coverage and
causation, enforcement of the anticipated appraisal award, and for any other matters
related to the dispute between the parties arising from the Loss.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
CASE NO.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy hereof has been furnished by service through the
eportal on all parties of record on this _25 day of __March, 2024.
CONROY SIMBERG
Attorney for Defendant, Frontline Insurance Company
201 East Kennedy Boulevard, Suite 900
Tampa, FL 33602
Telephone: (813) 273-6464
Facsimile: (954) 967-8577
Primary Email: eservicetpa@conroysimberg.com
Secondary Email: wmitchell@conroysimberg.com
By: /s/ William M. Mitchell
William M. Mitchell, Sr., Esquire
Florida Bar No. 125715
MICHAEL MARTELLI, JENNIFER MARTELLI
3031 SE DALHART RD
PORT ST LUCIE, FL 34952
Exhibit 1
FRONTIine
INSURANCE
DIGITAL CONTENT NOTICE
Please visit https://customer.frontlineinsurance.com to view your
applicable policy forms and endorsements. If you don’t have a
login you will need to create one. Once logged in, click on your
policy in the “My Policies” tab and scroll down to “Policy
Documents”. You have the right to request and obtain, without
charge, a paper or electronic copy of your policy and
endorsements by contacting your agent or emailing customer
service at customerservice@flhi.com.
You may also download the Frontline app to quickly and
conveniently view your documents. Scan the QR code below to
download our app.
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FIM NDR 03 22
FRONTIline
INSURANCE
YOU’RE MORE READY THAN EVER.
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you're eligible for more cash back on your Frontline Stepdown Deductible® Policy.
SAY GOODBYE TO YOUR HURRICANE DEDUCTIBLE.
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YEAR1
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YEAR2
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YEAR 5
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YEAR 6
CLAIM-FREE* YEARS
The Frontline Stepdown Deductible® Policy helps you earn cash back if you have a covered
hurricane claim.
As you enter your First Year of claim-free* coverage, you're now eligible to receive up to 5% cash
back on your hurricane deductible if you have a covered hurricane claim. Your savings will continue
to grow each consecutive year that passes without a claim on your underlying policy. After five
claim-free* years, your Frontline Stepdown Deductible® Policy will give you up to 100% cash back
on your hurricane deductible if you have a covered hurricane claim.
Simple decision. Smart choice.
Thank you for choosing Frontline and trusting our team to care for your home. If you have any
questions, please call your agent or visit us online at frontlineinsurance.com.
Sincerely,
PP
Leman Porter
President
*The filing of a hurricane claim will not cause your Frontline Stepdown Deductible” Policy amount to reset.
IMPORTANT: The description of the Frontline Stepdown Deductible® Policy contained herein is general in nature. Coverage under
any homeowners or dwelling policy or under any Frontline Stepdown Deductible® Policy will be controlled by the terms and
conditions of that policy. The Frontline Stepdown Deductible® Policy is a separate policy from a Frontline Insurance homeowners
or dwelling policy. The Frontline Stepdown Deductible® Policy has a separate premium and is issued by an affiliate of the company
issuing the homeowners or dwelling policy. To be eligible for the Frontline Stepdown Deductible® payment, you must report your
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frontlineinsurance.com
PRIVACY POLICY AND PRACTICES
First Protective's practices for handling customer information are regulated by law. This Privacy
Notice summarizes our company's present practices. The provisions of this notice will apply to
former customers as well as current customers. Our customers are our policyholders.
Our Privacy Policy
Categories of Personal Information We Collect.
Personal information that we collect about you can come from the following sources:
° Information that we receive from you on applications or other forms.
. Information about your transactions with us, our affiliates, or others, such as your
account balances, payment history, and account and claims activity.
Information that we receive from a consumer reporting agency, such as your credit
bureau reports.
Information that we may receive from other sources, such as your insurance agent.
Categories of Affiliates To Whom We May Disclose Personal Information.
Our affiliates are a family of companies including PWC Financial, Inc. and Frontline Insurance
Managers, Inc. Affiliates to which we may disclose personal information about you are in the
business of servicing, processing, or administering insurance operations such as underwriting,
policy administration, and claims handling, or may be involved in marketing products or
services, regulatory compliance, the detection or prevention of fraud, or as otherwise required or
allowed by law. These disclosures may be made without prior authorization from you, as
permitted by law.
Categories of Nonaffiliated Third Parties To Whom We May Disclose Personal
Information.
In conducting our business, we may disclose personal information about you to other parties,
such as insurance agents or brokers, property appraisers, auditors, claim adjusters, reinsurers,
third-party administrators, service companies that maintain and process customer data, and
governmental bodies such as the Florida Department of Financial Services. First Protective may
also disclose personal information to nonaffiliated parties in accordance with applicable law.
FP 00 02 10 08 Page 1 of 2
Sharing Personal Information with Service Providers for Joint Marketing.
First Protective may disclose personal information that we collect to agents and brokers so that
they can market financial products and services, and to service providers that perform services
for us. Any such disclosure is required to be subject to an agreement with us that includes a
confidentiality provision. We do not now disclose personal information to other financial
institutions with which we may have joint marketing arrangements; however, we reserve the
right to do so in the future, subject to the other institution entering into an agreement with us
that includes a confidentiality provision.
Confidentiality and Security of Personal Information.
We do not disclose nonpublic personal information about our customers or former customers
to anyone, except as permitted or required by law. We restrict access to personal information
about you to those employees and representatives who need to know that information to
provide products or services to you, including employees of First Protective and its affiliates, and
non-employees performing business functions for First Protective. First Protective maintains
physical, electronic, and procedural safeguards that comply with federal rules to guard your
nonpublic personal information.
Changes in Privacy Policy.
First Protective may choose to modify this policy at any time. We will notify customers of any
modifications at least annually.
For the purpose of this Notice only, "First Protective" includes the following companies on
whose behalf this notice is being given:
First Protective Insurance Company
PWC Financial, Inc.
Frontline Insurance Managers Inc.
FP 00 02 10 08 Page 2 of 2
In Witness Whereof, the company has caused this policy to be executed and attested, and, if
required by state law, this policy shall not be valid unless countersigned by a duly authorized
representative of the company.
Ma Kof
Chairman
FP 00 01 10 08 Page 1 of 1
Dear First Protective Insurance Company Policy Holder:
We would like to take this opportunity to thank you for the confidence you have placed in First
Protective Insurance Company. We appreciate this opportunity to be of service to you and will
continue our efforts to keep the cost of insurance as low as possible.
Providing superior claims service is our business. Should a loss occur, please contact our
claims office toll free at:
1-800-675-0145
It is imperative that all claims are reported, without delay, directly to our claims office. At that
time, our service representatives will instruct you on proper procedures to follow and help you
mitigate your loss and begin the claims handling process. Again, we sincerely appreciate the
opportunity to serve you. Should you have any questions regarding this letter, please contact
us at 1-800-675-0145.
FP 00 03 10 08 Page 1 of 1
IL P 001 01 04
U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN
ASSETS CONTROL ("OFAC
ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your
policy. You should read your policy and review your Declarations page for complete information on the coverages
you are provided.
This Notice provides information concerning possible impact on your insurance coverage due to directives issued
by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential
declarations of "national emergency". OFAC has identified and listed numerous:
@ Foreign agents;
@ Front organizations;
@ Terrorists;
@ Terrorist organizations; and
© Narcotics traffickers;
as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas-
ury's web site — http//www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity
claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and
Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all
provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such
a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC.
Other limitations on the premiums and payments also apply.
IL P 001 01 04 ISO Properties, Inc., 2004 Page 1 of 1
FRONTIline HOMEOWNERS POLICY
TRANSACTION DATE:
06/02/2022
INSURANCE AMENDED DECLARATIONS DATE ISSUED: 09/15/22
Underwritten by: POLICY NUMBER POLICY PERIOD
First Protective Insurance Co. From: To:
PO Box 958405 FPH3-000153006 11/17/2021 11/17/2022
Lake Mary, FL 32795 12:01 AM Standard Time
Reason Amended: Policy Reprint
PRO-RATED CHANGE IN PREMIUM: $0.00
IF YOU HAVE QUESTIONS ABOUT YOUR POLICY, PLEASE CONTACT YOUR AGENT AT 772-345-7700.
TO REPORT A CLAIM, CALL 1-800-675-0145.
INSURED: AGENCY: |_523-23-21395
MICHAEL MARTELLI, JENNIFER MARTELLI Pritchard and Associates, Inc.
3031 SE DALHART RD 10791 SW TRADITION SQ
PORT ST LUCIE, FL 34952 PORT ST. LUCIE, FL 34987-1933
Telephone: 410-775-6670 Telephone: 772-345-7700
LOCATION OF PROPERTY:
3031 SE DALHART RD, PORT ST LUCIE, FL 34952
COVERAGE IS PROVIDED WHERE LIMIT OF LIABILITY AND PREMIUM ARE SHOWN.
POLICY COVERAGES:
LIMIT OF LIABILITY PREMIUM
SECTION | - PROPERTY
A. DWELLING $504,000 $2,264
B. OTHER STRUCTURES NOT INCLUDED NOT INCLUDED
C. PERSONAL PROPERTY $225,000 ($27)
D. LOSS OF USE $40,320 ($423)
SECTION | LOSSES ARE SUBJECT TO THE FOLLOWING:
ALL OTHER PERILS DEDUCTIBLE EXCEPT HURRICANE: $2,500
CALENDAR-YEAR HURRICANE DEDUCTIBLE: $10,080 (2% OF COVERAGE A)
SECTION II - LIABILITY
E. PERSONAL LIABILITY $300,000 $18
F, MEDICAL PAYMENTS TO OTHERS. $1,000 INCLUDED
OPTIONAL COVERAGES:
LIMITED FUNGI, WET OR DRY ROT, OR BACTERIA (PER $10,000 / $50,000 INCLUDED
OCCURRENCE/AGGREGATE)
LOSS ASSESSMENT COVERAGE, $1,000 INCLUDED
ORDINANCE OR LAW COVERAGE 25% OF DWELLING INCLUDED
PERSONAL PROPERTY REPLACEMENT COST LOSS INCLUDED $625
SETTLEMENT
SCREEN ENCLOSURE COVERAGE-HURRICANE DAMAGE $10,000 $200
WATER BACK-UP AND SUMP DISCHARGE OR OVERFLOW $5,000 $25
COVERAGE
POLICY CREDITS AND CHARGES:
BURGLAR ALARM CREDIT ($52.00) INCLUDED
FIRE ALARM CREDIT ($210.00 INCLUDED
WIND LOSS REDUCTION CREDIT ($6,407.00) INCLUDED
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE $2
POLICY FEE $25
PREMIUM SUMMARY: ** THIS IS NOT A BILL - AN INVOICE WILL BE MAILED SEPARATELY ***
POLICY COVERAGES: OPTIONAL COVERAGES: POLICY CREDIT AND CHARGES: TOTAL ANNUAL PREMIUM:
$1,832.00 $850.00 $27.00 $2,709.00
The portion of your premium for Hurricane is $1,159 I The Non-Hurricane portion of your premium is $1,550
FIM-FL-HO-DEC (01/19) INSURED COPY Page 10f4
FRONTIline HOMEOWNERS POLICY TRANSACTION DATE: 06/02/2022
INSURANCE AMENDED DECLARATIONS DATE ISSUED: 09/15/22
Underwritten by: POLICY NUMBER POLICY PERIOD
First Protective Insurance Co. From: To:
PO Box 958405 FPH3-000153006 11/17/2021 11/17/2022
Lake Mary, FL 32795 12:01 AM Standard Time
INSURED: AGENCY: [_523-23-21395
MICHAEL MARTELLI, JENNIFER MARTELLI Pritchard and Associates, Inc.
3031 SE DALHART RD 10791 SW TRADITION SQ
PORT ST LUCIE, FL 34952 PORT ST. LUCIE, FL 34987-1933
Telephone: 410-775-6670 Telephone: 772-345-7700
LOCATION OF PROPERTY:
3031 SE DALHART RD, PORT ST LUCIE, FL 34952
ADDITIONAL INTERESTS:
TYPE: MORTGAGEE ESCROW BILLED: YES
PennyMac Loan Services LLC
ISAOA PO Box 6618
Springfield, OH 45501
LOAN NUMBER : 6001558489
RATING INFORMATION:
FORM TYPE: HO3 PROTECTION CLASS: 3 CONSTRUCTION TYPE: NUMBER OF FAMILIES: TERRITORY: 562
MASONRY 1
BCEG: 02 YEAR BUILT: 2002 OCCUPANCY: OWNER USAGE: PRIMARY
OCCUPIED
PROTECTIVE DEVICE BURGLAR ALARM: Y FIRE ALARM: Y SPRINKLERS: N
CREDIT:
FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY:
FIM NDR (03 22) WELCOME LETTER ID THEFT INSERT FP 00 02 (10 08) FP 00 01 (10 08) FP 00 03 (10 08)
D (02 20) (11.21
IL P 001 (01 04) FIM-FL-HO-DEC (01 NCPT HO 03 (09 21) FIM-WLR (04 10) FIM-OC3 (06 15) HO 00 03 (05 11)
9)
FIM 00 23 (06 21) FIM 00 13 (06 21) FIM 00 17 (05 21) FIM 00 19 (05 21) FIM 00 24 (06 21) FIM 00 29 (05 21)
FIM 00 33 (05 21) FIM 00 39 (05 21) FIM 00 42 (05 21) FIM 00 49 (05 21) FIM 03 51 (06 21) FIM SEN (01 12)
HO 04 16 (10 00) HO 04 96 (10 00) HO 05 99 (05 13) HO 23 86 (05 13)
FIM-FL-HO-DEC (01/19) INSURED COPY Page 20f4
FRONTIline HOMEOWNERS POLICY TRANSACTION DATE: 06/02/2022
INSURANCE AMENDED DECLARATIONS DATE ISSUED: 09/15/22
Underwritten by: POLICY NUMBER POLICY PERIOD
First Protective Insurance Co. From: To:
PO Box 958405 FPH3-000153006 11/17/2021 11/17/2022
Lake Mary, FL 32795 12:01 AM Standard Time
INSURED: AGENCY: [_523-23-21395
MICHAEL MARTELLI, JENNIFER MARTELLI Pritchard and Associates, Inc.
3031 SE DALHART RD 10791 SW TRADITION SQ
PORT ST LUCIE, FL 34952 PORT ST. LUCIE, FL 34987-1933
Telephone: 410-775-6670 Telephone: 772-345-7700
LOCATION OF PROPERTY:
3031 SE DALHART RD, PORT ST LUCIE, FL 34952
COUNTERSIGNED BY: H% 7 bpd SIGNED: 09/15/2022
FRONTLINE WEBSITE:
www. frontlineinsurance.com
FRONTLINE EMAIL:
info@frontlineinsurance.com
FIM-FL-HO-DEC (01/19) INSURED COPY Page 30f4
FRONTIline HOMEOWNERS POLICY TRANSACTION DATE: 06/02/2022
INSURANCE AMENDED DECLARATIONS DATE ISSUED: 09/15/22
Underwritten by: POLICY NUMBER POLICY PERIOD
First Protective Insurance Co. From: To:
PO Box 958405 FPH3-000153006 11/17/2021 11/17/2022
Lake Mary, FL 32795 12:01 AM Standard Time
INSURED: AGENCY: [_523-23-21395
MICHAEL MARTELLI, JENNIFER MARTELLI Pritchard and Associates, Inc.
3031 SE DALHART RD 10791 SW TRADITION SQ
PORT ST LUCIE, FL 34952 PORT ST. LUCIE, FL 34987-1933
Telephone: 410-775-6670 Telephone: 772-345-7700
LOCATION OF PROPERTY:
3031 SE DALHART RD, PORT ST LUCIE, FL 34952
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-
POCKET EXPENSES TO YOU.
THIS POLICY PROVIDES AN INFLATION GUARD OPTION,
THEREFORE, THE ACTUAL CALENDAR YEAR HURRICANE
DEDUCTIBLE AMOUNT AT THE TIME OF LOSS MAY BE HIGHER
THAN THE DOLLAR AMOUNT SHOWN IN THE DECLARATIONS.
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE
IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE
AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S
INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR
DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE
WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT
SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS
THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE
COVERAGE WITH YOUR INSURANCE AGENT.
FIM-FL-HO-DEC (01/19) INSURED COPY Page 40f4
FRONTIline
INSURANCE
NOTICE OF CHANGE IN POLICY TERMS
The purpose of this Notice Of Change In Policy Terms is to inform you of changes to the terms, coverage,
duties and / or conditions of your policy.
HO 00 03 HOMEOWNERS 3 - SPECIAL FORM
Your policy has implemented a general program revision. The current edition of your policy has been
changed to a 05 11 edition and does not reflect any state specific requirements. Some of the significant
changes to your policy are described below.
The definition of “building structure” has been added:
“Building Structure” means a structure fully enclosed with permanent walls and a roof. A permanent wall or roof
does not include any kind of temporary materials including but not limited to tarps, plastic sheeting, or other
similar material. A structure that is otherwise fully enclosed with permanent walls and a roof, that is undergoing
repairs due to a recent loss, using materials such as tarps, plastic sheeting, or other similar material, is still
considered a “building structure”.
“building structure” includes:
a. The foundation supporting the structure, including:
(1) Slabs;
(2) Basement walls;
(3) Crawl space walls;
(4) Footings; and
(5) Gravel, stone, or sand, used as fill material and located not more than 12 inches directly below a
slab described in item a.(1), including water supply lines, domestic water pipes, and sewer pipes located
within this fill material; and
b. Wall-to-wall carpeting attached to the structure.
The definition of “insured” in the policy has been replaced with the following:
5. "Insured" means:
a. You and residents of your household who are:
(1) Your relatives; or
(2) Other persons under the age of 21 and in your care or the care of a resident of your household who
is your relative;
A student enrolled in school full-time, as defined by the school, who was a resident of your household
before moving out to attend school, provided the student is under the age of:
(1) 24 and your relative; or
(2) 21 and in your care or the care of a resident of your household who is your relative; or
Under Section Il:
(1) With respect to animals or watercraft to which this policy applies, any person or organization legally
responsible for these animals or watercraft which are owned by you or any person described in 5.a.
or b. "Insured" does not mean a person or organization using or having custody of these animals
or watercraft in the course of any "business" or without consent of the owner; or
(2) With respect to a "motor vehicle" to which this policy applies:
(a) Persons while engaged in your employ or that of any person described in 5.a. or b.; or
(b) Other persons using the vehicle on an "insured location" with your consent.
FL NCPT HO 03 09 21
Under both Sections I and Il, when the word an immediately precedes the word "insured", the words an "insured"
together mean one or more "insureds".
The definition of “insured location” in the policy has been replaced with the following:
6. "Insured location" means:
a The "residence premises";
b The part of other premises, other structures and grounds used by you as a residence; and
(1) Which is shown in the Declarations; or
(2) Which is acquired by you during the policy period for your use as a residence;
Any premises used by you in connection with a premises described in a. and b. above;
Any part of a premises:
(1) Not owned by an "insured"; and
(2) Where an "insured" is temporarily residing;
Vacant land, other than farmland, owned by or rented to an "insured";
Land owned by or rented to an "insured" on which a one-, two-, three- or four-family dwelling is being
built as a residence for an "insured";
9 Individual or family cemetery plots or burial vaults of an "insured"; or
h Any part of a premises occasionally rented to an "insured" for other than "business" use.
The definition of “residence premises” in the policy has been replaced with the following:
11. "Residence premises" means:
a. The one-family dwelling where you reside;
b. The two-, three- or four-family dwelling where you reside in at least one of the family units; or
c. That part of any other building where you reside;
and which is shown as the "residence premises" in the Declarations.
"Residence premises" also includes other structures and grounds at that location.
In SECTION | - PROPERTY COVERAGES, under C. Coverage C — Personal Property, the following
paragraph 2. is added:
2. Limit For Property At Other Locations
a. Other Residences
Our limit of liability for personal property usually located at an "insured's" residence, other than the
"residence premises", is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater.
However, this limitation does not apply to personal property:
(1) Moved from the "residence premises" because it is:
(a) Being repaired, renovated or rebuilt; and
(b) Not fit to live in or store property in; or
(2) In a newly acquired principal residence for 30 days from the time you begin to move the property
there.
Self-storage Facilities
Our limit of liability for personal property owned or used by an "insured" and located in a self-storage
facility is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this
limitation does not apply to personal property:
(1) Moved from the "residence premises" because it is:
(a) Being repaired, renovated or rebuilt; and
(b) Not fit to live in or store property in; or
(2) Usually located in an "insured's" residence, other than the "residence premises".
Paragraphs 4.c., 4.d. and 4.i. are replaced by the following:
FL NCPT HO 03 09 21
3. Property Not Covered
Cc. "Motor vehicles".
This includes a "motor vehicle's" equipment and parts. However, this Paragraph 4.c. does not apply to:
(1) Portable electronic equipment that:
(a) Reproduces, receives or transmits audio, visual or data signals; and
(b) Is designed so that it may be operated from a power source other than a "motor vehicle's"
electrical system.
(2) "Motor vehicles" not required to be registered for use on public roads or property which are:
(a) Used solely to service a residence; or
(b) Designed to assist the handicapped;
Aircraft, meaning any contrivance used or designed for flight, including any parts whether or not
attached to the aircraft.
We do cover model or hobby aircraft not used or designed to carry people or cargo;
"Business" data, including such data stored in:
(1) Books of account, drawings or other paper records; or
(2) Computers and related equipment.
We do cover the cost of blank recording or storage media and of prerecorded computer programs
available on the retail market;
In SECTION I - PROPERTY COVERAGES, under E. Additional Coverages, the following paragraph 1.b. is
replaced by the following:
1 Debris Removal
b. We will also pay your reasonable expense, up to $1,000, for the removal from the "residence premises"
of:
(1) Your trees felled by the peril of Windstorm or Hail or Weight of Ice, Snow or Sleet; or
(2) A neighbor's trees felled by a Peril Insured Against under Coverage C;
provided the trees:
(3) Damage a covered structure; or
(4) Do not damage a covered structure, but:
(a) Block a driveway on the "residence premises" which prevents a "motor vehicle", that is
registered for use on public roads or property, from entering or leaving the "residence
premises"; or
(b) Block a ramp or other fixture designed to assist a handicapped person to enter or leave the
dwelling building.
The $1,000 limit is the most we will pay in any one loss, regardless of the number of fallen trees. No
more than $500 of this limit will be paid for the removal of any one tree.
This coverage is additional insurance.
Paragraph 7.c. is replaced by the following:
7. Loss Assessment
c. Paragraph Q. Policy Period under Section | — Conditions does not apply to this coverage.
Paragraph 8. Collapse is replaced by the following:
8. Collapse
a The coverage provided under this Additional Coverage — Collapse applies only to an abrupt
collapse.
b For the purpose of this Additional Coverage — Collapse, abrupt collapse means an abrupt falling
down or caving in of a “building structure” or any part of a “building structure” with the result that
the “building structure” or part of the “building structure” cannot be occupied for its intended
purpose.
FL NCPT HO 03 09 21
c. This Additional Coverage — Collapse does not apply to:
(1) A “building structure” or any part of a “building structure” that is in danger of falling down or caving
In;
(2) A part of a “building structure” that is standing, even if it has separated from another part of the
“building structure”; or
(3) A “building structure” or any part of a “building structure” that is standing, even if it shows evidence
of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion.
We insure for direct physical loss to covered property involving abrupt collapse of a “building structure”
or any part of a “building structure” if such collapse was caused by one or more of the following:
(1) The Perils Insured Against named under Coverage C;
(2) Decay, of a “building structure” or any part of a “building structure”, that is hidden from view, unless
the presence of such decay is known to an "insured" prior to collapse;
(3) Insect or vermin damage, to a “building structure” or any part of a “building structure”, that is hidden
from view, unless the presence of such damage is known to an "insured" prior to collapse;
(4) Weight of contents, equipment, animals or people;
(5) Weight of rain which collects on a roof; or
(6) Use of defective material or methods in construction, remodeling or renovation if the collapse
occurs during the course of the construction, remodeling or renovation.
Loss to an awning, fence, patio, deck, pavement, swimming pool, underground pipe, flue, drain,
cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf or dock is not included under
d.(2) through (6) above, unless the loss is a direct result of the collapse of a building or any part of a
building.
f. This coverage does not increase the limit of liability that applies to the damaged covered property.
In SECTION | —- PERILS INSURED AGAINST, Paragraph A. Coverage A — Dwelling and Coverage B — Other
Structures is replaced by the following:
A. Coverage A - Dwelling And Coverage B — Other Structures
1 We insure against direct physical loss to property described in Coverages A and B.
2. We do not insure, however, for loss:
a Excluded under Section I — Exclusions;
b Involving collapse, including any of the following conditions of property or any part of the property:
(1) An abrupt falling down or caving in;
(2) Loss of structural integrity, including separation of parts of the property or property in danger of
falling down or caving in; or
(3) Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such
condition relates to (1) or (2) above;
except as provided in E.8. Collapse under Section | — Property Coverages; or
Caused by:
(1) Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of
a household appliance, or by discharge, leakage or overflow from within the system or appliance
Preview
Filing # 194777205 E-Filed 03/28/2024 03:20:44 PM 2470047 IN THE CIRCUIT COURT OF THE 1974 JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO. 562024CA000523AXXXHC FIRST PROTECTIVE INSURANCE COMPANY, d/b/a FRONTLINE HOMEOWNERS INSURANCE, Petitioner, Vv MICHAEL MARTELLI and JENNIFER MARTELLI, Respondents. / PETITION FOR COURT-APPOINTED UMPIRE Petitioner, FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE HOMEOWNERS INSURANCE (“FRONTLINE”), by and through undersigned counsel hereby files its Petition for Court-Appointed Umpire, and as grounds therefore would state: 1 FRONTLINE is a Florida corporation with its corporate headquarters located at 500 International Parkway, Lake Mary, Florida 32746. 2 Respondents, Michael Martelli and Jennifer Martelli (‘Respondents” or “Insureds”), maintained a residence at 3031 SE Dalhart Rd., Port St. Lucie, FL 34952 (‘the Property”), at all times material hereto. 3 Frontline issued an HO-3 Homeowners Policy of Insurance No.: FPH3- 00153006 (“the Policy”) to the Insureds for the Property. See copy of the policy attached as Exhibit “1”. CASE NO. 4 This Court has subject matter jurisdiction over this Petition pursuant to sections 682.03-04, Florida Statutes. 5 Venue is proper in this Court as the Property is located in St. Lucie County, Florida 6 On or about September 28, 2022, the Property sustained damages as a result of Hurricane lan (“the Loss”). 7 Frontline assigned claim number 01000086790 to the Loss. 8 A dispute has arisen between the parties as to the reasonable costs of repairs to the Property allegedly resulting from the Loss 9 The Policy contains an appraisal provision that may be invoked by either party in the event the parties cannot agree on the amount of loss. The policy states as follows F. Mediation or Appraisal. If you and we fail to agree on the settlement regarding the loss, prior to filing suit, you must notify us of your disagreement in writing so that either may ee 2. Request an appraisal of the loss if we fail to agree on the amount of the loss. Both s must agree to the appraisal process. A request for appraisal must be in writing and be signed by all Named “insureds” shown in the Declarations. You must comply with SECTION I - CONDITIONS, C. Duties After Loss before making a request for appraisal. At least 10 days before requesting appraisal, the party seeking appraisal must provide the other party with a written estimate of the amount of any dispute that results from the covered cause of loss. The estimate shall include a description of each item of damaged property in dispute as a result of the covered loss, along with the extent of damage and the estimated amount to repair or replace the item. b. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. To qualify as a competent appraiser, neither the appraiser nor the company that employs the a is dependent on the amount of the appraisal awai or flat fee shall not render an appraiser rd. raiser is entitled to receive a fee that However, the payment of an hourly incompetent under this provision. c. The two appraisers will choose a competent, disinterested umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be CASE NO. made by a judge of a court of record in the state where the “residence premises” is located d. The appraisers will separately set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss. In all instances, the written report of agreement will be in writing and shall include the following (1) A detailed list, including the amount to repair or replace, of each specific item included in the award from the appraisal findings: (2) The agreed amount of each item its replacement cost value and corresponding actual cash value; and (3) The statement of “This award is made subject to the terms and conditions of the policy.” Each party will: (a) Pay its own appraiser, including their costs associated with producing the estimate in 2.a. of this provision, above; and (b) Bear the other expenses of the appraisal and umpire equally. e You, we, the appraisers, and the umpire shall be given reasonable and timely access to inspect the property, in accordance with the terms of the policy. You” and “We” do not waive any rights by demanding or submitting to an appraisal and retain all contractual rights to determine if coverage applies to each item in dispute Appraisal is only available to determine the amount of the loss of each item in dispute. The appraisers and the umpire have no authority to decide (1) Any other questions of fact (2) Questions of law (3) Questions of coverage (4) Other contractual issues; or to conduct appraisal on a class-wide-basis. (FIM 00 23 06 21; page 15, 16 of 26) 10 On September 3, 2023, Frontline advised the Respondents that it was invoking the appraisal process to determine the amount of loss. (A copy of the correspondence dated September 3, 2023, is attached as Exhibit “2”) 11 On December 27, 2023, the Respondents’ counsel advised FRONTLINE that Enrigue Perez would serve as their appraiser. 12 To date, the appraisers have been unable to agree to the selection of an umpire. CASE NO. 13. Appraisal is the appropriate remedy in disputes regarding the amount-of- loss for a claim. See Johnson v. Nationwide Mut. Ins. Co., 828 So. 2d 1021, 1022 (Fla. 2002). Alternatively, disputes of causation and coverage fall within the purview of the courts. /d. Thus, the Court should reserve jurisdiction as to any such coverage disputes that may arise from the instant proceedings, and enforcement of the anticipated appraisal award to be determined by the umpire in accordance with the provisions, terms, conditions, and exclusions of the Policy, as well as applicable statutes and case law. 14. Petitioner requests the Court appoint Richard Collins as the umpire. Mr. Collins’ Curriculum Vitae has been requested and will be filed with the Court upon receipt. 15. Alternatively, Petitioner requests the Court appoint Ted Taylor as the umpire. Mr. Taylor’s Curriculum Vitae has been requested and will be filed with the Court upon receipt. 16. Alternatively, Petitioner requests the Court appoint Jason Hisey as the umpire. Mr. Hisey’s Curriculum Vitae has been requested and will be filed with the Court upon receipt. 17. Additionally, pursuant to the contract of insurance, Petitioner requests the Court order all parties bear equally the filing fee incurred in bringing this Petition for Court Appointed Umpire. 18. A reasonable interpretation of the policy, which specifies that the parties will bear the other expenses of the appraisal and umpire equally and provides for judicial intervention as the only means by which to appoint an umpire in the event the appraisers cannot agree on an umpire, includes the parties equally bearing the costs of filing the CASE NO. petition to appoint an umpire. (See Composite Exhibit “3” for trial orders awarding half of the filing fee.) 19. Frontline respectfully requests that this Honorable Court enter an order appointing an umpire who is familiar with hurricane damage, residential structure repairs, and/or homeowner's insurance claims generally. WHEREFORE, Petitioner, First Protective Insurance Company d/b/a Frontline Homeowners Insurance, respectfully requests this Honorable Court appoint an umpire to convene an appraisal to determine the amount of loss arising from the above-referenced Loss in accordance with the terms, conditions, and exclusions of the Policy, as well as applicable statutes and case law. Also, Frontline respectfully requests the Court enter an order requiring the parties to bear equally the cost of this. Finally, Frontline respectfully requests that this Honorable Court reserve jurisdiction regarding issues of coverage and causation, enforcement of the anticipated appraisal award, and for any other matters related to the dispute between the parties arising from the Loss. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] CASE NO. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy hereof has been furnished by service through the eportal on all parties of record on this _25 day of __March, 2024. CONROY SIMBERG Attorney for Defendant, Frontline Insurance Company 201 East Kennedy Boulevard, Suite 900 Tampa, FL 33602 Telephone: (813) 273-6464 Facsimile: (954) 967-8577 Primary Email: eservicetpa@conroysimberg.com Secondary Email: wmitchell@conroysimberg.com By: /s/ William M. Mitchell William M. Mitchell, Sr., Esquire Florida Bar No. 125715 MICHAEL MARTELLI, JENNIFER MARTELLI 3031 SE DALHART RD PORT ST LUCIE, FL 34952 Exhibit 1 FRONTIine INSURANCE DIGITAL CONTENT NOTICE Please visit https://customer.frontlineinsurance.com to view your applicable policy forms and endorsements. If you don’t have a login you will need to create one. Once logged in, click on your policy in the “My Policies” tab and scroll down to “Policy Documents”. You have the right to request and obtain, without charge, a paper or electronic copy of your policy and endorsements by contacting your agent or emailing customer service at customerservice@flhi.com. You may also download the Frontline app to quickly and conveniently view your documents. Scan the QR code below to download our app. im af] a Es a FIM NDR 03 22 FRONTIline INSURANCE YOU’RE MORE READY THAN EVER. Thank you for renewing your Frontline Insurance policy! Because you’ve had another claim-free* year, you're eligible for more cash back on your Frontline Stepdown Deductible® Policy. SAY GOODBYE TO YOUR HURRICANE DEDUCTIBLE. 85% STEPDOWN DEDUCTIBLE® FRONTLINE STEPDOWN YEAR1 ®20 kx DEDUCTIBLE POLICY — YEAR 1 YEAR2 "40%. Here's how it works: * Eligible to receive up to 5% cash YEARS "60% back on your deductible *B0%, YEAR 4 + Each year you’re claim-free*, your cash back increases YEAR 5 "100%. + Frontline Stepdown Deductible® is the only product of its kind YEAR 6 CLAIM-FREE* YEARS The Frontline Stepdown Deductible® Policy helps you earn cash back if you have a covered hurricane claim. As you enter your First Year of claim-free* coverage, you're now eligible to receive up to 5% cash back on your hurricane deductible if you have a covered hurricane claim. Your savings will continue to grow each consecutive year that passes without a claim on your underlying policy. After five claim-free* years, your Frontline Stepdown Deductible® Policy will give you up to 100% cash back on your hurricane deductible if you have a covered hurricane claim. Simple decision. Smart choice. Thank you for choosing Frontline and trusting our team to care for your home. If you have any questions, please call your agent or visit us online at frontlineinsurance.com. Sincerely, PP Leman Porter President *The filing of a hurricane claim will not cause your Frontline Stepdown Deductible” Policy amount to reset. IMPORTANT: The description of the Frontline Stepdown Deductible® Policy contained herein is general in nature. Coverage under any homeowners or dwelling policy or under any Frontline Stepdown Deductible® Policy will be controlled by the terms and conditions of that policy. The Frontline Stepdown Deductible® Policy is a separate policy from a Frontline Insurance homeowners or dwelling policy. The Frontline Stepdown Deductible® Policy has a separate premium and is issued by an affiliate of the company issuing the homeowners or dwelling policy. To be eligible for the Frontline Stepdown Deductible® payment, you must report your hurricane claim within 6 months of the storm and your hurricane loss must meet or exceed your hurricane deductible. ig rays) Cee, GET COVERED TODAY Contact your agent to add this valuable coverage to your policy. frontlineinsurance.com PRIVACY POLICY AND PRACTICES First Protective's practices for handling customer information are regulated by law. This Privacy Notice summarizes our company's present practices. The provisions of this notice will apply to former customers as well as current customers. Our customers are our policyholders. Our Privacy Policy Categories of Personal Information We Collect. Personal information that we collect about you can come from the following sources: ° Information that we receive from you on applications or other forms. . Information about your transactions with us, our affiliates, or others, such as your account balances, payment history, and account and claims activity. Information that we receive from a consumer reporting agency, such as your credit bureau reports. Information that we may receive from other sources, such as your insurance agent. Categories of Affiliates To Whom We May Disclose Personal Information. Our affiliates are a family of companies including PWC Financial, Inc. and Frontline Insurance Managers, Inc. Affiliates to which we may disclose personal information about you are in the business of servicing, processing, or administering insurance operations such as underwriting, policy administration, and claims handling, or may be involved in marketing products or services, regulatory compliance, the detection or prevention of fraud, or as otherwise required or allowed by law. These disclosures may be made without prior authorization from you, as permitted by law. Categories of Nonaffiliated Third Parties To Whom We May Disclose Personal Information. In conducting our business, we may disclose personal information about you to other parties, such as insurance agents or brokers, property appraisers, auditors, claim adjusters, reinsurers, third-party administrators, service companies that maintain and process customer data, and governmental bodies such as the Florida Department of Financial Services. First Protective may also disclose personal information to nonaffiliated parties in accordance with applicable law. FP 00 02 10 08 Page 1 of 2 Sharing Personal Information with Service Providers for Joint Marketing. First Protective may disclose personal information that we collect to agents and brokers so that they can market financial products and services, and to service providers that perform services for us. Any such disclosure is required to be subject to an agreement with us that includes a confidentiality provision. We do not now disclose personal information to other financial institutions with which we may have joint marketing arrangements; however, we reserve the right to do so in the future, subject to the other institution entering into an agreement with us that includes a confidentiality provision. Confidentiality and Security of Personal Information. We do not disclose nonpublic personal information about our customers or former customers to anyone, except as permitted or required by law. We restrict access to personal information about you to those employees and representatives who need to know that information to provide products or services to you, including employees of First Protective and its affiliates, and non-employees performing business functions for First Protective. First Protective maintains physical, electronic, and procedural safeguards that comply with federal rules to guard your nonpublic personal information. Changes in Privacy Policy. First Protective may choose to modify this policy at any time. We will notify customers of any modifications at least annually. For the purpose of this Notice only, "First Protective" includes the following companies on whose behalf this notice is being given: First Protective Insurance Company PWC Financial, Inc. Frontline Insurance Managers Inc. FP 00 02 10 08 Page 2 of 2 In Witness Whereof, the company has caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by a duly authorized representative of the company. Ma Kof Chairman FP 00 01 10 08 Page 1 of 1 Dear First Protective Insurance Company Policy Holder: We would like to take this opportunity to thank you for the confidence you have placed in First Protective Insurance Company. We appreciate this opportunity to be of service to you and will continue our efforts to keep the cost of insurance as low as possible. Providing superior claims service is our business. Should a loss occur, please contact our claims office toll free at: 1-800-675-0145 It is imperative that all claims are reported, without delay, directly to our claims office. At that time, our service representatives will instruct you on proper procedures to follow and help you mitigate your loss and begin the claims handling process. Again, we sincerely appreciate the opportunity to serve you. Should you have any questions regarding this letter, please contact us at 1-800-675-0145. FP 00 03 10 08 Page 1 of 1 IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: @ Foreign agents; @ Front organizations; @ Terrorists; @ Terrorist organizations; and © Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas- ury's web site — http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 ISO Properties, Inc., 2004 Page 1 of 1 FRONTIline HOMEOWNERS POLICY TRANSACTION DATE: 06/02/2022 INSURANCE AMENDED DECLARATIONS DATE ISSUED: 09/15/22 Underwritten by: POLICY NUMBER POLICY PERIOD First Protective Insurance Co. From: To: PO Box 958405 FPH3-000153006 11/17/2021 11/17/2022 Lake Mary, FL 32795 12:01 AM Standard Time Reason Amended: Policy Reprint PRO-RATED CHANGE IN PREMIUM: $0.00 IF YOU HAVE QUESTIONS ABOUT YOUR POLICY, PLEASE CONTACT YOUR AGENT AT 772-345-7700. TO REPORT A CLAIM, CALL 1-800-675-0145. INSURED: AGENCY: |_523-23-21395 MICHAEL MARTELLI, JENNIFER MARTELLI Pritchard and Associates, Inc. 3031 SE DALHART RD 10791 SW TRADITION SQ PORT ST LUCIE, FL 34952 PORT ST. LUCIE, FL 34987-1933 Telephone: 410-775-6670 Telephone: 772-345-7700 LOCATION OF PROPERTY: 3031 SE DALHART RD, PORT ST LUCIE, FL 34952 COVERAGE IS PROVIDED WHERE LIMIT OF LIABILITY AND PREMIUM ARE SHOWN. POLICY COVERAGES: LIMIT OF LIABILITY PREMIUM SECTION | - PROPERTY A. DWELLING $504,000 $2,264 B. OTHER STRUCTURES NOT INCLUDED NOT INCLUDED C. PERSONAL PROPERTY $225,000 ($27) D. LOSS OF USE $40,320 ($423) SECTION | LOSSES ARE SUBJECT TO THE FOLLOWING: ALL OTHER PERILS DEDUCTIBLE EXCEPT HURRICANE: $2,500 CALENDAR-YEAR HURRICANE DEDUCTIBLE: $10,080 (2% OF COVERAGE A) SECTION II - LIABILITY E. PERSONAL LIABILITY $300,000 $18 F, MEDICAL PAYMENTS TO OTHERS. $1,000 INCLUDED OPTIONAL COVERAGES: LIMITED FUNGI, WET OR DRY ROT, OR BACTERIA (PER $10,000 / $50,000 INCLUDED OCCURRENCE/AGGREGATE) LOSS ASSESSMENT COVERAGE, $1,000 INCLUDED ORDINANCE OR LAW COVERAGE 25% OF DWELLING INCLUDED PERSONAL PROPERTY REPLACEMENT COST LOSS INCLUDED $625 SETTLEMENT SCREEN ENCLOSURE COVERAGE-HURRICANE DAMAGE $10,000 $200 WATER BACK-UP AND SUMP DISCHARGE OR OVERFLOW $5,000 $25 COVERAGE POLICY CREDITS AND CHARGES: BURGLAR ALARM CREDIT ($52.00) INCLUDED FIRE ALARM CREDIT ($210.00 INCLUDED WIND LOSS REDUCTION CREDIT ($6,407.00) INCLUDED EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE $2 POLICY FEE $25 PREMIUM SUMMARY: ** THIS IS NOT A BILL - AN INVOICE WILL BE MAILED SEPARATELY *** POLICY COVERAGES: OPTIONAL COVERAGES: POLICY CREDIT AND CHARGES: TOTAL ANNUAL PREMIUM: $1,832.00 $850.00 $27.00 $2,709.00 The portion of your premium for Hurricane is $1,159 I The Non-Hurricane portion of your premium is $1,550 FIM-FL-HO-DEC (01/19) INSURED COPY Page 10f4 FRONTIline HOMEOWNERS POLICY TRANSACTION DATE: 06/02/2022 INSURANCE AMENDED DECLARATIONS DATE ISSUED: 09/15/22 Underwritten by: POLICY NUMBER POLICY PERIOD First Protective Insurance Co. From: To: PO Box 958405 FPH3-000153006 11/17/2021 11/17/2022 Lake Mary, FL 32795 12:01 AM Standard Time INSURED: AGENCY: [_523-23-21395 MICHAEL MARTELLI, JENNIFER MARTELLI Pritchard and Associates, Inc. 3031 SE DALHART RD 10791 SW TRADITION SQ PORT ST LUCIE, FL 34952 PORT ST. LUCIE, FL 34987-1933 Telephone: 410-775-6670 Telephone: 772-345-7700 LOCATION OF PROPERTY: 3031 SE DALHART RD, PORT ST LUCIE, FL 34952 ADDITIONAL INTERESTS: TYPE: MORTGAGEE ESCROW BILLED: YES PennyMac Loan Services LLC ISAOA PO Box 6618 Springfield, OH 45501 LOAN NUMBER : 6001558489 RATING INFORMATION: FORM TYPE: HO3 PROTECTION CLASS: 3 CONSTRUCTION TYPE: NUMBER OF FAMILIES: TERRITORY: 562 MASONRY 1 BCEG: 02 YEAR BUILT: 2002 OCCUPANCY: OWNER USAGE: PRIMARY OCCUPIED PROTECTIVE DEVICE BURGLAR ALARM: Y FIRE ALARM: Y SPRINKLERS: N CREDIT: FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY: FIM NDR (03 22) WELCOME LETTER ID THEFT INSERT FP 00 02 (10 08) FP 00 01 (10 08) FP 00 03 (10 08) D (02 20) (11.21 IL P 001 (01 04) FIM-FL-HO-DEC (01 NCPT HO 03 (09 21) FIM-WLR (04 10) FIM-OC3 (06 15) HO 00 03 (05 11) 9) FIM 00 23 (06 21) FIM 00 13 (06 21) FIM 00 17 (05 21) FIM 00 19 (05 21) FIM 00 24 (06 21) FIM 00 29 (05 21) FIM 00 33 (05 21) FIM 00 39 (05 21) FIM 00 42 (05 21) FIM 00 49 (05 21) FIM 03 51 (06 21) FIM SEN (01 12) HO 04 16 (10 00) HO 04 96 (10 00) HO 05 99 (05 13) HO 23 86 (05 13) FIM-FL-HO-DEC (01/19) INSURED COPY Page 20f4 FRONTIline HOMEOWNERS POLICY TRANSACTION DATE: 06/02/2022 INSURANCE AMENDED DECLARATIONS DATE ISSUED: 09/15/22 Underwritten by: POLICY NUMBER POLICY PERIOD First Protective Insurance Co. From: To: PO Box 958405 FPH3-000153006 11/17/2021 11/17/2022 Lake Mary, FL 32795 12:01 AM Standard Time INSURED: AGENCY: [_523-23-21395 MICHAEL MARTELLI, JENNIFER MARTELLI Pritchard and Associates, Inc. 3031 SE DALHART RD 10791 SW TRADITION SQ PORT ST LUCIE, FL 34952 PORT ST. LUCIE, FL 34987-1933 Telephone: 410-775-6670 Telephone: 772-345-7700 LOCATION OF PROPERTY: 3031 SE DALHART RD, PORT ST LUCIE, FL 34952 COUNTERSIGNED BY: H% 7 bpd SIGNED: 09/15/2022 FRONTLINE WEBSITE: www. frontlineinsurance.com FRONTLINE EMAIL: info@frontlineinsurance.com FIM-FL-HO-DEC (01/19) INSURED COPY Page 30f4 FRONTIline HOMEOWNERS POLICY TRANSACTION DATE: 06/02/2022 INSURANCE AMENDED DECLARATIONS DATE ISSUED: 09/15/22 Underwritten by: POLICY NUMBER POLICY PERIOD First Protective Insurance Co. From: To: PO Box 958405 FPH3-000153006 11/17/2021 11/17/2022 Lake Mary, FL 32795 12:01 AM Standard Time INSURED: AGENCY: [_523-23-21395 MICHAEL MARTELLI, JENNIFER MARTELLI Pritchard and Associates, Inc. 3031 SE DALHART RD 10791 SW TRADITION SQ PORT ST LUCIE, FL 34952 PORT ST. LUCIE, FL 34987-1933 Telephone: 410-775-6670 Telephone: 772-345-7700 LOCATION OF PROPERTY: 3031 SE DALHART RD, PORT ST LUCIE, FL 34952 THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF- POCKET EXPENSES TO YOU. THIS POLICY PROVIDES AN INFLATION GUARD OPTION, THEREFORE, THE ACTUAL CALENDAR YEAR HURRICANE DEDUCTIBLE AMOUNT AT THE TIME OF LOSS MAY BE HIGHER THAN THE DOLLAR AMOUNT SHOWN IN THE DECLARATIONS. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. FIM-FL-HO-DEC (01/19) INSURED COPY Page 40f4 FRONTIline INSURANCE NOTICE OF CHANGE IN POLICY TERMS The purpose of this Notice Of Change In Policy Terms is to inform you of changes to the terms, coverage, duties and / or conditions of your policy. HO 00 03 HOMEOWNERS 3 - SPECIAL FORM Your policy has implemented a general program revision. The current edition of your policy has been changed to a 05 11 edition and does not reflect any state specific requirements. Some of the significant changes to your policy are described below. The definition of “building structure” has been added: “Building Structure” means a structure fully enclosed with permanent walls and a roof. A permanent wall or roof does not include any kind of temporary materials including but not limited to tarps, plastic sheeting, or other similar material. A structure that is otherwise fully enclosed with permanent walls and a roof, that is undergoing repairs due to a recent loss, using materials such as tarps, plastic sheeting, or other similar material, is still considered a “building structure”. “building structure” includes: a. The foundation supporting the structure, including: (1) Slabs; (2) Basement walls; (3) Crawl space walls; (4) Footings; and (5) Gravel, stone, or sand, used as fill material and located not more than 12 inches directly below a slab described in item a.(1), including water supply lines, domestic water pipes, and sewer pipes located within this fill material; and b. Wall-to-wall carpeting attached to the structure. The definition of “insured” in the policy has been replaced with the following: 5. "Insured" means: a. You and residents of your household who are: (1) Your relatives; or (2) Other persons under the age of 21 and in your care or the care of a resident of your household who is your relative; A student enrolled in school full-time, as defined by the school, who was a resident of your household before moving out to attend school, provided the student is under the age of: (1) 24 and your relative; or (2) 21 and in your care or the care of a resident of your household who is your relative; or Under Section Il: (1) With respect to animals or watercraft to which this policy applies, any person or organization legally responsible for these animals or watercraft which are owned by you or any person described in 5.a. or b. "Insured" does not mean a person or organization using or having custody of these animals or watercraft in the course of any "business" or without consent of the owner; or (2) With respect to a "motor vehicle" to which this policy applies: (a) Persons while engaged in your employ or that of any person described in 5.a. or b.; or (b) Other persons using the vehicle on an "insured location" with your consent. FL NCPT HO 03 09 21 Under both Sections I and Il, when the word an immediately precedes the word "insured", the words an "insured" together mean one or more "insureds". The definition of “insured location” in the policy has been replaced with the following: 6. "Insured location" means: a The "residence premises"; b The part of other premises, other structures and grounds used by you as a residence; and (1) Which is shown in the Declarations; or (2) Which is acquired by you during the policy period for your use as a residence; Any premises used by you in connection with a premises described in a. and b. above; Any part of a premises: (1) Not owned by an "insured"; and (2) Where an "insured" is temporarily residing; Vacant land, other than farmland, owned by or rented to an "insured"; Land owned by or rented to an "insured" on which a one-, two-, three- or four-family dwelling is being built as a residence for an "insured"; 9 Individual or family cemetery plots or burial vaults of an "insured"; or h Any part of a premises occasionally rented to an "insured" for other than "business" use. The definition of “residence premises” in the policy has been replaced with the following: 11. "Residence premises" means: a. The one-family dwelling where you reside; b. The two-, three- or four-family dwelling where you reside in at least one of the family units; or c. That part of any other building where you reside; and which is shown as the "residence premises" in the Declarations. "Residence premises" also includes other structures and grounds at that location. In SECTION | - PROPERTY COVERAGES, under C. Coverage C — Personal Property, the following paragraph 2. is added: 2. Limit For Property At Other Locations a. Other Residences Our limit of liability for personal property usually located at an "insured's" residence, other than the "residence premises", is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to personal property: (1) Moved from the "residence premises" because it is: (a) Being repaired, renovated or rebuilt; and (b) Not fit to live in or store property in; or (2) In a newly acquired principal residence for 30 days from the time you begin to move the property there. Self-storage Facilities Our limit of liability for personal property owned or used by an "insured" and located in a self-storage facility is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to personal property: (1) Moved from the "residence premises" because it is: (a) Being repaired, renovated or rebuilt; and (b) Not fit to live in or store property in; or (2) Usually located in an "insured's" residence, other than the "residence premises". Paragraphs 4.c., 4.d. and 4.i. are replaced by the following: FL NCPT HO 03 09 21 3. Property Not Covered Cc. "Motor vehicles". This includes a "motor vehicle's" equipment and parts. However, this Paragraph 4.c. does not apply to: (1) Portable electronic equipment that: (a) Reproduces, receives or transmits audio, visual or data signals; and (b) Is designed so that it may be operated from a power source other than a "motor vehicle's" electrical system. (2) "Motor vehicles" not required to be registered for use on public roads or property which are: (a) Used solely to service a residence; or (b) Designed to assist the handicapped; Aircraft, meaning any contrivance used or designed for flight, including any parts whether or not attached to the aircraft. We do cover model or hobby aircraft not used or designed to carry people or cargo; "Business" data, including such data stored in: (1) Books of account, drawings or other paper records; or (2) Computers and related equipment. We do cover the cost of blank recording or storage media and of prerecorded computer programs available on the retail market; In SECTION I - PROPERTY COVERAGES, under E. Additional Coverages, the following paragraph 1.b. is replaced by the following: 1 Debris Removal b. We will also pay your reasonable expense, up to $1,000, for the removal from the "residence premises" of: (1) Your trees felled by the peril of Windstorm or Hail or Weight of Ice, Snow or Sleet; or (2) A neighbor's trees felled by a Peril Insured Against under Coverage C; provided the trees: (3) Damage a covered structure; or (4) Do not damage a covered structure, but: (a) Block a driveway on the "residence premises" which prevents a "motor vehicle", that is registered for use on public roads or property, from entering or leaving the "residence premises"; or (b) Block a ramp or other fixture designed to assist a handicapped person to enter or leave the dwelling building. The $1,000 limit is the most we will pay in any one loss, regardless of the number of fallen trees. No more than $500 of this limit will be paid for the removal of any one tree. This coverage is additional insurance. Paragraph 7.c. is replaced by the following: 7. Loss Assessment c. Paragraph Q. Policy Period under Section | — Conditions does not apply to this coverage. Paragraph 8. Collapse is replaced by the following: 8. Collapse a The coverage provided under this Additional Coverage — Collapse applies only to an abrupt collapse. b For the purpose of this Additional Coverage — Collapse, abrupt collapse means an abrupt falling down or caving in of a “building structure” or any part of a “building structure” with the result that the “building structure” or part of the “building structure” cannot be occupied for its intended purpose. FL NCPT HO 03 09 21 c. This Additional Coverage — Collapse does not apply to: (1) A “building structure” or any part of a “building structure” that is in danger of falling down or caving In; (2) A part of a “building structure” that is standing, even if it has separated from another part of the “building structure”; or (3) A “building structure” or any part of a “building structure” that is standing, even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. We insure for direct physical loss to covered property involving abrupt collapse of a “building structure” or any part of a “building structure” if such collapse was caused by one or more of the following: (1) The Perils Insured Against named under Coverage C; (2) Decay, of a “building structure” or any part of a “building structure”, that is hidden from view, unless the presence of such decay is known to an "insured" prior to collapse; (3) Insect or vermin damage, to a “building structure” or any part of a “building structure”, that is hidden from view, unless the presence of such damage is known to an "insured" prior to collapse; (4) Weight of contents, equipment, animals or people; (5) Weight of rain which collects on a roof; or (6) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. Loss to an awning, fence, patio, deck, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf or dock is not included under d.(2) through (6) above, unless the loss is a direct result of the collapse of a building or any part of a building. f. This coverage does not increase the limit of liability that applies to the damaged covered property. In SECTION | —- PERILS INSURED AGAINST, Paragraph A. Coverage A — Dwelling and Coverage B — Other Structures is replaced by the following: A. Coverage A - Dwelling And Coverage B — Other Structures 1 We insure against direct physical loss to property described in Coverages A and B. 2. We do not insure, however, for loss: a Excluded under Section I — Exclusions; b Involving collapse, including any of the following conditions of property or any part of the property: (1) An abrupt falling down or caving in; (2) Loss of structural integrity, including separation of parts of the property or property in danger of falling down or caving in; or (3) Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such condition relates to (1) or (2) above; except as provided in E.8. Collapse under Section | — Property Coverages; or Caused by: (1) Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household appliance, or by discharge, leakage or overflow from within the system or appliance