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Filing # 195448777 E-Filed 04/04/2024 08:07:16 AM
IN THE CIRCUIT COURT OF THE 20th
JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA
MIKE AND BRENDA RADFORD, CASE NO.:
Plaintiffs,
v.
MONARCH NATIONAL INSURANCE COMPANY,
Defendant.
__________________________________________/
PLAINTIFFS’ COMPLAINT FOR BREACH OF CONTRACT & DEMAND FOR JURY
TRIAL
COME NOW Plaintiffs, MIKE AND BRENDA RADFORD, through the undersigned
counsel, and hereby file this Complaint against Defendant, MONARCH NATIONAL
INSURANCE COMPANY, and as grounds therefore state as follows:
1. This is an action for damages in excess of FIFTY THOUSAND DOLLARS
($50,000.00), exclusive of interest, attorneys’ fees and costs, and is otherwise within the
jurisdictional limits of this Court.
2. At all times material hereto, Defendant was an insurance company authorized to do
business in the State of Florida and doing business in Lee County, Florida.
3. At all times material hereto, the damaged property was located in Lee County,
Florida.
4. Prior to the direct physical damage sustained during the policy period, Plaintiffs
sought and purchased homeowner’s insurance from Defendant to cover the property located at
6720 CADET AVE, FORT MYERS, FL 33905 (hereinafter “Insured Property”). Said policy of
insurance, which is believed to be Policy Number MN000003616300, was issued by Defendant to
Plaintiffs to provide property insurance coverage for the Insured Property.
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5. At all times material hereto, Plaintiffs and Defendant had a policy of insurance,
Policy No. MN000003616300 (hereinafter “Contract”). Plaintiffs are not in possession of a
complete certified copy of the Contract; A copy of the Contract is attached hereto and incorporated
herein by reference as “Exhibit A”.
6. Plaintiffs have paid the premiums for the Contract prior to the direct physical
damage sustained during the policy period.
7. During the policy period, the Insured Property sustained direct physical damage as
a result of a Hurricane Ian.
8. The Contract described in Paragraph 5 above was in full force and effect during the
policy period in which the direct physical damage occurred.
9. Defendant received timely notice of the loss.
10. Defendant assigned the loss reported by Plaintiffs and described in Paragraph 7
above a claim number believed to be HO0522411513.
11. Defendant and its agents requested and were given access and the opportunity to
inspect the Insured Property and the reported damage arising from the loss described in Paragraph
7 above.
12. This is an action relating to Defendant’s breach of Contract for its failure to
properly pay the full amount of insurance proceeds owed to Plaintiffs.
13. Plaintiffs have complied with section 627.70152, Florida Statute.
14. Jurisdiction and venue of this matter are proper in the Circuit Court for Lee County,
Florida.
COUNT I – BREACH OF CONTRACT
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15. Plaintiffs reallege and reincorporate paragraphs 1-14 as if fully stated herein, and
further allege as follows:
16. During the above Contract period the Insured Property sustained direct physical
damages.
17. Plaintiffs provided timely notice of the loss, described in Paragraph 7, above to the
Defendant.
18. Plaintiffs have complied with all obligations and conditions precedent to this
lawsuit which would entitle Plaintiffs to recover benefits under the Contract, or such conditions
have been waived.
19. Defendant has failed to provide complete coverage for the physical damages that
occurred during the Contract period.
20. This failure is contrary to the terms of the Contract and constitutes a breach of the
Contract.
21. Plaintiffs have been damaged by this breach in the form of unpaid insurance
proceeds needed to restore the Insured Property to its pre-loss condition as a result of Defendant
refusing to pay the full amount owed under the Contract.
22. As a direct and proximate result of Defendant’s breach of Contract, Plaintiffs have
been required to retain the services of the undersigned attorneys to represent and protect the
interests of Plaintiffs, and Plaintiffs have become obligated to pay them a reasonable fee for their
services in bringing this action.
23. In the event that Plaintiff prevail in this action, Plaintiff is entitled to an award of
attorneys’ fees and costs pursuant to section 627.70152, 627.428, 626.9373 and 57.041, Florida
Statutes and/or other Florida Law.
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WHEREFORE, Plaintiffs demand judgment against Defendant for damages, including but
not limited to damages owed under the Contract, attorneys’ fees and costs.
DEMAND FOR JURY TRIAL
Plaintiffs further demand a trial by jury of all issues so triable as a matter of right.
[Certificate of Service on Following Page]
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiffs
1625 Hendry Street, 4th Floor
Fort. Myers, FL 33901
Phone: (561) 424-0032
Fax: (866) 641-4690
Court Phone Number: (1-888) 824-7834
Email: rpowers@kpattorney.com
qgoodley@kpattorney.com
FirstPartyEService@kpattorney.com
By:_/s/ Raymond D. Powers, Jr .
RAYMOND D. POWERS, JR, ESQ.
Florida Bar No.: 1011732
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EXHIBIT “A”
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MONARCH NATIONAL INSURANCE COMPANY
PO Box 13239
Tallahassee, FL 32317
Claims: 1-800-293-2532
Service: Contact Your Agent Listed Below
Policy Number Policy Period 12:01 AM Standard Time Agent Code
FROM TO
Named Insured and Mailing Address: Location of Residence Premises: Agent:
Coverage is only provided where a premium and a limit of liability is shown.
HURRICANE DEDUCTIBLE:
ALL OTHER PERILS DEDUCTIBLE:
SECTION I –PROPERTY COVERAGES LIMIT OF LIABILITY ANNUAL PREMIUM
A – Dwelling
B – Other Structures
C – Personal Property
D – Loss of Use
SECTION II – LIABILITY COVERAGES
E – Personal Liability
F – Medical Payments
OPTIONAL COVERAGES
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MNIC HO 9 (01 19)
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MONARCH NATIONAL INSURANCE COMPANY
PO Box 13239
Tallahassee, FL 32317
Claims: 1-800-293-2532
Service: Contact Your Agent Listed Below
Policy Number Policy Period 12:01 AM Standard Time Agent Code
FROM TO
MANDATORY ADDITIONAL CHARGES
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES
Insured Note: The portion of your premium for Hurricane Coverage is:
The portion of your premium for Non-Hurricane Coverage is:
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MNIC HO 9 (01 19)
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MONARCH NATIONAL INSURANCE COMPANY
PO Box 13239
Tallahassee, FL 32317
Claims: 1-800-293-2532
Service: Contact Your Agent Listed Below
Policy Number Policy Period 12:01 AM Standard Time Agent Code
FROM TO
Forms and Endorsements Applicable to this Policy:
Rating Information for your policy:
Form Type Year Built / Town / Row Construction BCEGS Territory Wind /Hail Mun Code
Verified House Type Exclusion Fire /
Police
County Occupancy Use No. of Families Protection Class Dist to Hydrant Dist to Fire
Station
Protective Device Credits No Dec or Prior Seasonal Surcharge Age of Home Surcharge
Burglar Alarm Fire Alarm Sprinkler Insurance Surcharge / Credit
Terrain Building Type Roof Cover Roof Deck Attachment Roof-Wall Connection
Secondary Water Roof Shape Opening Protection FBC Wind Speed FBC Wind Design
Resistance
A premium adjustment of ___________ is included to reflect the building’s wind loss mitigation features or construction
techniques that exist. Credits range from 0% to 90%.
A premium adjustment of ___________ is included to reflect the building code grade for your area. Adjustments range from a 5%
surcharge to a 46% credit.
AUTHORIZED BY: _________________________________________ _______________________________________
NAME SIGNATURE
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MNIC HO 9 (01 19)
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MONARCH NATIONAL INSURANCE COMPANY
PO Box 13239
Tallahassee, FL 32317
Claims: 1-800-293-2532
Service: Contact Your Agent Listed Below
Policy Number Policy Period 12:01 AM Standard Time Agent Code
FROM TO
NOTICES
PLEASE VISIT WWW.MONARCHNATIONAL.COM TO VIEW YOUR APPLICABLE POLICY FORMS AND
ENDORSEMENTS. CLICK CUSTOMER SERVICE FOLLOWED BY INSURED LOGIN OR TYPE THIS URL INTO
YOUR INTERNET BROWSER HTTPS://FEDNAT.LIVE.PTSINSURED.COM. YOU HAVE THE RIGHT TO
REQUEST AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR POLICY AND
ENDORSEMENTS BY CONTACTING YOUR AGENT OR CALLING CUSTOMER SERVICE AT (800) 293-2532.
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.
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN
IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE
DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT.
MNIC HO 9 (01 19) Page 4 of 4
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1441 Maclay Commerce Dr.
Suite 101
Tallahassee, FL 32312
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Monarch National Insurance Company Homeowners
MN HO3 SP 12 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
HO3 - SPECIAL PROVISIONS - FLORIDA
This endorsement modifies insurance provided under the following:
HOMEOWNERS – 3 SPECIAL FORM – HO 00 03
DEFINITIONS “Emergency Mitigation Services”
The following definition of “Occurrence” is deleted “Emergency Mitigation Services” means
and replaced with the following: necessary measures performed solely to protect
“Occurrence” means an accident, including covered property from further damage, when the
continuous or repeated exposure to substantially damage or loss is caused by a Peril Insured
the same general harmful conditions, which Against.
results, during the policy period, in: “Hovercraft”
a. “Bodily injury”; or “Hovercraft” means a self-propelled motorized
b. "Property damage”. ground effect vehicle and includes, but is not
limited to, flare craft and air cushion vehicles.
Assault and battery is not an “occurrence”, when
committed by or at the direction or with the prior “Hurricane loss”
knowledge of an “Insured”. “Hurricane loss” means any loss resulting from
the peril of Windstorm caused by a “hurricane
The following definitions are added: occurrence”
“Actual Cash Value” “Hurricane occurrence”
“Actual Cash Value” means the cost to repair or A “hurricane occurrence” means a storm system
replace covered property, at the time of loss or that has been declared to be a hurricane by the
damage, whether that property has sustained National Hurricane Center of the National
partial or total loss or damage, with material of Weather Service, with a duration that :
like kind and quality, subject to a deduction for
a. Begins at the time a hurricane watch or
deterioration, depreciation and obsolescence as
hurricane warning is issued for any part of
determined by us.
Florida by the National Hurricane Center of
“Assignee” the National Weather Service;
“Assignee” means a person who is assigned b. Continues for a time period during which the
post-loss benefits through an “assignment hurricane conditions exist anywhere in the
agreement”. state of Florida; and,
“Assignment agreement” c. Ends 72 hours following the termination of
the last hurricane watch or hurricane warning
“Assignment agreement” means any instrument:
issued for any part of the state of Florida by
a. by which any post-loss benefits under this the National Hurricane Center of the National
policy are assigned or transferred, or Weather Service.
acquired in any manner, in whole or in part, “Marring”
to or from, a person providing services, to “Marring” means to disfigure, deface, scar,
protect, repair, restore, or replace property or discolor or blemish.
to mitigate against further damage to the
property; and “Motor Vehicle”
b. that complies with the Florida law. “Motor Vehicle” means:
“Assignor” a. A self-propelled land or amphibious vehicle;
or
“Assignor” means a person who assigns post-
loss benefits under this policy to another person b. Any trailer or semitrailer which is being
through an “assignment agreement”. carried on, towed by or hitched for towing by
a vehicle described in a. above.
“Drone”
“Personal watercraft”
“Drone” means any unmanned aircraft, aerial
vehicle or air ship that can navigate “Personal watercraft” means watercraft designed
autonomously either under remote control by a to carry one to three people, propelled by a water
human operator or without human control, jet pump powered by an internal combustion
beyond line of sight by way of GPS or onboard engine, and capable of speeds greater than 25
computer. MPH.
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Monarch National Insurance Company Homeowners
MN HO3 SP 12 20
Personal watercraft includes but is not limited to damage until the measures are completed to
watercraft often referred to as: prevent such damage.
a. Jet skis; “Vacant”
b. Wave runners; and “Vacant” means:
c. Similar watercraft. The dwelling lacks the necessary amenities,
“Pollutant” adequate furnishings, or utilities and services to
permit occupancy of the dwelling as a residence.
“Pollutant” means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
SECTION I – PROPERTY COVERAGES
vapor, soot, fumes, acids, alkalis, chemicals, and
waste. Waste includes materials to be recycled, COVERAGE A - Dwelling
reconditioned or reclaimed. The following Paragraph 3. is added:
“Presuit settlement demand” 3. In-ground swimming pools on the “residence
“Presuit settlement demand” means the demand premises”.
made by the “assignee” in the written notice of COVERAGE B - Other Structures is replaced by the
intent to initiate litigation. following:
“Presuit settlement offer” COVERAGE B - Other Structures
“Presuit settlement offer” means the offer made 1. We cover other structures on the “residence
by us in our written response to a notice of intent premises” set apart from the dwelling by clear
to initiate litigation. space. This includes structures connected to the
“Replacement Cost” dwelling by only a fence, utility line, or similar
“Replacement Cost” means the reasonable and connection. This coverage does not apply to in-
customary cost, including labor and material cost, ground swimming pools.
as determined by us to repair or replace the 2. We do not cover:
damaged property, or any of its parts, with a. Land, including land on which the other
material of like kind and quality, not subject to a structures are located;
deduction for deterioration, depreciation or b. Other structures rented or held for rental to
obsolescence. any person not a tenant of the dwelling,
“Screen enclosure” unless used solely as a private garage;
“Screen enclosure” means any structure, c. Other structures from which any “business” is
including frames, screen material, footings, conducted; or
supports or anchors of the enclosure whether or d. Other structures used to store “business”
not attached to a dwelling, enclosed by screens property. However, we do cover a structure
on more than one side, otherwise open to the that contains “business” property solely
weather, and not constructed and covered by the owned by an “insured” or a tenant of the
same or substantially the same materials as that dwelling provided that “business” property
of the “residence premises”. does not include gaseous or liquid fuel, other
“Spalling” than fuel in a permanently installed fuel tank
“Spalling” means the disintegration of stone or of a vehicle or craft parked or stored in the
concrete. It can be produced by a variety of structure.
mechanisms, including as a result of projectile 3. The limit of liability for this coverage will not be
impact, corrosion, weathering, cavitation, or more than the limit shown in the Declarations for
excessive rolling pressure (as in a ball bearing). Coverage B. Use of this coverage does not
“Supplemental Claim” or “Reopened Claim” reduce the Coverage A limit of liability.
“Supplemental Claim” or “Reopened Claim” COVERAGE A – Dwelling and COVERAGE B –
means any claim for recovery from us for a loss Other Structures
we previously adjusted pursuant to the initial Cosmetic and Aesthetic Damage to Floors –
claim. Special Limit of Liability. The total limit of liability
“Unoccupied” for Coverages A and B combined is $10,000 per
“Unoccupied” means: policy term for cosmetic and aesthetic damages to
floors.
The dwelling is not being inhabited as a
residence. 1. Cosmetic or aesthetic damage includes, but is not
limited to, chips, scratches, discoloration, dents
“Urgent or emergency circumstance” or any other damage to less than 5% of the total
“Urgent or emergency circumstance” means a floor surface area and does not prevent typical
situation in which a loss to the property, if not use of the floor.
addressed immediately, will result in additional
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Monarch National Insurance Company Homeowners
MN HO3 SP 12 20
2. This limit includes the cost of tearing out and 15. $2,000 for loss to any individual item or set of
replacing any part of the building necessary to electronic equipment covered under this Policy
repair the damaged flooring. caused directly or indirectly by theft or vandalism
3. This limit does not increase the Coverage A or with a maximum limit of 10% of the total
Coverage B limits of liability shown in the Coverage C for all electronic equipment covered.
Declarations. The electronic equipment includes, but is not
4. This limit does not apply to cosmetic or aesthetic limited to:
damage to floors caused by a Peril Insured Against a. Television Sets;
as named and described under COVERAGE C – b. Cameras and projectors;
PERSONAL PROPERTY. c. Radios, sound playing and recording
devices;
COVERAGE C - Personal Property
d. Video cassettes, records, video tape players,
Special Limits of Liability compact disc players, DVD players, compact
Paragraph 1., 10. and 11. are replaced by the discs, video discs and tapes;
following: e. Electronic data processing equipment and
1. $200 on money, bank notes, bullion, gold other storage media;
than goldware, silver other than silverware, f. Electronic games, cartridges and
platinum, coins, medals, scrip, stored value cards accessories;
and smart cards. g. Microwave ovens (unless built-in); and
10. $1,000 for loss to electronic apparatus, while in or h. Radio transmitting and receiving devices.
upon a motor vehicle or other motorized land 16. $5,000 for loss to tools.
conveyance, if the electronic apparatus is 17. 5% of the total Coverage C amount for any one
equipped to be operated by power from the item of unscheduled personal property.
electrical system of the vehicle or conveyance 18. $2500 on trading cards and comic books,
while retaining its capability of being operated by including any of these that are part of a collection.
other sources of power. 19. $10,000 in the aggregate for loss by theft of any
Electronic apparatus includes: rug, carpet (except wall to wall carpet), tapestry,
a. Accessories and antennas; or wall-hanging or other similar article.
b. Tapes, wires, records, discs or other media; Property Not Covered
for use with any electronic apparatus described in Item 3.b. is deleted and replaced by the following:
this item 10.
3. “Motor vehicles” or all other motorized land
11. $1,000 for loss to electronic apparatus, while not conveyances.
in or upon a motor vehicle or other motorized land
This includes:
conveyance, if the electronic apparatus:
b. Electronic apparatus that is designed to be
a. Is equipped to be operated by power from the
operated solely by use of the power from the
electrical system of the vehicle or
electrical system of “motor vehicles” or all
conveyance while retaining its capability of
other motorized land conveyances.
being operated by other sources of power;
Electronic apparatus includes:
b. Is away from the “residence premises”; and
(1) Accessories or antennas; or
c. Is used at any time or in any manner for any
“business” purpose. (2) Tapes, wires, records, discs or other
media;
Electronic apparatus includes:
for use with any electronic apparatus
a. Accessories and antennas; or
described in this item 3.b.
b. Tapes, wires, records, discs or other media;
The exclusion of property described in 3.a. and
for use with any electronic apparatus described in 3.b. above applies only while the property is in or
this item 11. upon the vehicle or conveyance.
The following items are added: We do cover vehicles or conveyances not subject
12. $1,000 for loss to art glass windows and other to motor vehicle registration, which are:
works of art such as, but not limited to, statuary a. Used to service an “insured’s” residence; or
(including but not limited to Hummels), marbles,
b. Designed for assisting the handicapped.
bronzes, porcelains, rare glass and bric-a-brac.
Item 5. is deleted and replaced by the following:
13. $2,500 for personal computers and related
peripherals such as disk drives, printers and 5. Property of roomers, boarders, tenants and
commercial software. We will not pay for other anyone who regularly resides at the insured
software or lost data. premises who is not an “insured.
14. $1,000 for bicycles and related equipment.
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Monarch National Insurance Company Homeowners
MN HO3 SP 12 20
The following is added to Property Not Covered: SECTION I - ADDITIONAL COVERAGES
10. Your satellite dish, satellite antenna or radio 2. Reasonable repairs is deleted and replaced by
towers and their antenna. This exclusion also the following:
applies to all related receiving equipment 2. “Emergency Mitigation Services”
including receiver mounts, transducers or other a. We pay for the reasonable costs incurred by
receiver parts or installation parts. Television you for “emergency mitigation services”.
Sets are not an excluded item under this
The most we pay for such costs is limited to
exclusion.
the greater of:
11. “Drones” and parts.
(1) $3,000; or
12. “Hovercraft” and parts. (2) 1% of the limit that applies to your
COVERAGE D - Loss of Use Coverage A limit of liability.
COVERAGE D - Loss of Use is deleted and replaced b. After a loss to covered property caused by a
by the following: peril insured against, you must ask us, before
any work in excess of 2.a. above begins, to
We will pay eighty percent (80%) of the additional
pay an amount greater than the limit set forth
expenses you incur for a “hurricane loss”, and one
in 2.a. above. We will respond within 48 hours
hundred percent (100%) of the additional expenses
of your request. Our response to you will
you incur for other losses, but no more than the limit
indicate whether or not we agree to pay a
of liability shown for Coverage D in the Declarations
greater amount. If we do so agree, our
for the following:
response will specify:
1. Additional living expenses incurred by you so that
(1) the additional amount that we will pay;
your household can maintain its normal standard
and
of living when a loss covered under this Section
makes that part of the “residence premises” (2) the measures or services for which such
where you reside not fit to live in. additional amount will be paid.
Payment will be for the shortest time required to c. If, after a loss to covered property caused by
repair or replace the damage or, if you a peril insured against, you ask us to pay an
permanently relocate, the shortest time required amount greater than the limit set forth in 2.a.
for your household to settle elsewhere. above and we fail to respond to your request
within 48 hours, you may exceed the amount
2. If a loss covered under this Section makes that
in 2.a. to perform “emergency mitigation
part of the “residence premises” rented to others
services”.
or held for rental by you not fit to live in, we
cover the: However, we will not pay more than the
Fair Rental Value, meaning the fair rental value reasonable costs incurred by you for
of that part of the “residence premises” rented to “emergency mitigation services”.
others or held for rental by you less any d. If, however, hurricane coverage is part of
expenses that do not continue while the your Policy and a covered loss occurs during
premises is not fit to live in. a “hurricane occurrence”, the amount we pay
Payment will be for the shortest time required to under this additional coverage is not limited
repair or replace that part of the premises rented to the amount in 2.a. above.
or held for rental. However, we will not pay more than the
3. If civil authority prohibits you from use of the reasonable costs incurred by you for
“residence premises” as a result of direct damage “emergency mitigation services”.
to neighboring premises by a Peril Insured e. “Emergency mitigation services” under this
Against in this policy, we cover the Additional ADDITIONAL COVERAGES 2. may include
Living Expense and Fair Rental Value loss as a permanent repair, provided that such repair
provided under 1. and 2. above for no more than is performed solely to:
two weeks. (1) protect the covered property from further
The periods of time for expenses described above are damage; or
not limited by the expiration of this policy. We do not (2) prevent unwanted entry into a building on
cover loss or expense due to cancellation of a lease the “residence premises”.
or agreement. f. If the measures described in 2.a., 2.b., 2.c.,
2.d., and 2.e. above involve repair to other
damaged property, we pay only if:
(1) the property that is repaired is covered by
this policy; and
(2) the damage that necessitates the repair
is caused by a peril insured against.
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Monarch National Insurance Company Homeowners
MN HO3 SP 12 20
g. Notwithstanding 2.a., 2.b., 2.c., 2.d.,2.e. and (1) The Perils Insured Against named under
2.f., if, after a loss to the covered property Coverage C;
caused by a peril insured against, an (2) Decay within the building that is hidden
“assignor” acts under an “urgent or from view, unless the presence of such
emergency circumstance” and executes an decay is known to an “insured” prior to
“assignment agreement” for the “emergency collapse;
mitigation services” to protect, repair, restore, (3) Insect or vermin damage that is hidden
or replace the covered property or to mitigate from view, unless the presence of such
against further damage to the property, the damage is known to an “insured” prior to
“assignee” may not receive an assignment of collapse;
post-loss benefits covered under this policy in
(4) Weight of contents, equipment, animals
excess of:
or people;
(1) $3,000; or
(2) 1% of the limit that applies to Coverage (5) Weight of rain which collects on a roof; or
A; (6) Use of defective material or methods in
whichever is greater. construction, remodeling or renovation if
h. To the extent reasonably possible, all the collapse occurs during the course of
damaged property must be retained and the construction, remodeling or
preserved for our inspection, testing, and renovation.
analysis. e. Loss to an awning, fence, patio, deck,
i. This coverage does not: pavement, swimming pool, underground
(1) increase the limit of liability that applies to pipe, flue, drain, cesspool, septic tank,
the covered property; foundation, retaining wall, bulkhead, pier,
(2) relieve you of your duties, in case of a wharf or dock is not included under d.(2)
loss to covered property, as set forth in through (6) above, unless the loss is a direct
SECTION I – CONDITIONS 2.; result of the collapse of a building or any part
(3) pay for property not covered, or for of a building.
repairs resulting from a peril not covered, f. This coverage does not increase the limit of
or for loss excluded in this Policy. liability that applies to the damaged covered
property.
8. Collapse is deleted and replaced by the following:
8. Collapse. 9. Glass or Safety Glazing Material is deleted and
replaced by the following:
a. The coverage provided under this Additional
Coverage – Collapse applies only to an 9. Glass or Safety Glazing Material.
abrupt collapse. a. We cover:
b. For the purpose of this Additional Coverage: (1) The breakage of glass or safety glazing
An abrupt collapse means an abrupt falling material which is part of a covered
down or caving in of a building or any part of building, storm door or storm window;
a building with the result that the building or (2) The breakage caused directly by Earth
part of the building cannot be occupied for its Movement and Settlement, of glass or
current intended purpose. safety glazing material which is part of a
c. This Additional Coverage – Collapse does covered building, storm door or storm
not apply to: window; and
(1) A building or any part of a building that is (3) The direct physical loss to covered
in danger of falling down or caving in; property caused solely by the pieces,
fragments or splinters of broken glass or
(2) A part of a building that is standing even
safety glazing material, which is part of a
if it has separated from another part of
building, storm door or storm window.
the building.
b. This coverage does not include loss:
(3) A building or any part of a building that is
standing even if it shows evidence of (1) To covered property which results
“spalling”, crumbling, settling, cracking, because the glass or safety glazing
shifting, bulging, racking, sagging, material has been broken, except as
bowing, bending, leaning, shrinkage or provided in a. (3) above; or
expansion. (2) On the “residence premises” if the
d. We insure for direct physical loss to covered dwelling has been “vacant” or
property involving collapse of a building or “unoccupied” for more than thirty (30)
any part of a building if the collapse was consecutive days immediately before the
caused by one or more of the following: loss, except when the breakage results
directly from Earth Movement as
MN HO3 SP 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 19
eFiled Lee County Clerk of Courts Page 36
Monarch National Insurance Company Homeowners
MN HO3 SP 12 20
provided for in a. (2) above. A dwelling SECTION I - PERILS INSURED AGAINST
being constructed is not considered Under COVERAGE A – DWELLING and
“vacant” or “unoccupied”. COVERAGE B – OTHER STRUCTURES:
Loss to glass covered under this Additional Item 1. is deleted and replaced by the following:
Coverage, 9. will be settled on the basis of 1. Involving collapse, including any of the following
replacement cost with safety glazing conditions of property or any part of the property,
materials when required by law and whether above or below the ground:
ordinance.
a. An abrupt falling down or caving in;
Preview
Filing # 195448777 E-Filed 04/04/2024 08:07:16 AM IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA MIKE AND BRENDA RADFORD, CASE NO.: Plaintiffs, v. MONARCH NATIONAL INSURANCE COMPANY, Defendant. __________________________________________/ PLAINTIFFS’ COMPLAINT FOR BREACH OF CONTRACT & DEMAND FOR JURY TRIAL COME NOW Plaintiffs, MIKE AND BRENDA RADFORD, through the undersigned counsel, and hereby file this Complaint against Defendant, MONARCH NATIONAL INSURANCE COMPANY, and as grounds therefore state as follows: 1. This is an action for damages in excess of FIFTY THOUSAND DOLLARS ($50,000.00), exclusive of interest, attorneys’ fees and costs, and is otherwise within the jurisdictional limits of this Court. 2. At all times material hereto, Defendant was an insurance company authorized to do business in the State of Florida and doing business in Lee County, Florida. 3. At all times material hereto, the damaged property was located in Lee County, Florida. 4. Prior to the direct physical damage sustained during the policy period, Plaintiffs sought and purchased homeowner’s insurance from Defendant to cover the property located at 6720 CADET AVE, FORT MYERS, FL 33905 (hereinafter “Insured Property”). Said policy of insurance, which is believed to be Policy Number MN000003616300, was issued by Defendant to Plaintiffs to provide property insurance coverage for the Insured Property. Page 1 of 6 eFiled Lee County Clerk of Courts Page 1 5. At all times material hereto, Plaintiffs and Defendant had a policy of insurance, Policy No. MN000003616300 (hereinafter “Contract”). Plaintiffs are not in possession of a complete certified copy of the Contract; A copy of the Contract is attached hereto and incorporated herein by reference as “Exhibit A”. 6. Plaintiffs have paid the premiums for the Contract prior to the direct physical damage sustained during the policy period. 7. During the policy period, the Insured Property sustained direct physical damage as a result of a Hurricane Ian. 8. The Contract described in Paragraph 5 above was in full force and effect during the policy period in which the direct physical damage occurred. 9. Defendant received timely notice of the loss. 10. Defendant assigned the loss reported by Plaintiffs and described in Paragraph 7 above a claim number believed to be HO0522411513. 11. Defendant and its agents requested and were given access and the opportunity to inspect the Insured Property and the reported damage arising from the loss described in Paragraph 7 above. 12. This is an action relating to Defendant’s breach of Contract for its failure to properly pay the full amount of insurance proceeds owed to Plaintiffs. 13. Plaintiffs have complied with section 627.70152, Florida Statute. 14. Jurisdiction and venue of this matter are proper in the Circuit Court for Lee County, Florida. COUNT I – BREACH OF CONTRACT Page 2 of 6 eFiled Lee County Clerk of Courts Page 2 15. Plaintiffs reallege and reincorporate paragraphs 1-14 as if fully stated herein, and further allege as follows: 16. During the above Contract period the Insured Property sustained direct physical damages. 17. Plaintiffs provided timely notice of the loss, described in Paragraph 7, above to the Defendant. 18. Plaintiffs have complied with all obligations and conditions precedent to this lawsuit which would entitle Plaintiffs to recover benefits under the Contract, or such conditions have been waived. 19. Defendant has failed to provide complete coverage for the physical damages that occurred during the Contract period. 20. This failure is contrary to the terms of the Contract and constitutes a breach of the Contract. 21. Plaintiffs have been damaged by this breach in the form of unpaid insurance proceeds needed to restore the Insured Property to its pre-loss condition as a result of Defendant refusing to pay the full amount owed under the Contract. 22. As a direct and proximate result of Defendant’s breach of Contract, Plaintiffs have been required to retain the services of the undersigned attorneys to represent and protect the interests of Plaintiffs, and Plaintiffs have become obligated to pay them a reasonable fee for their services in bringing this action. 23. In the event that Plaintiff prevail in this action, Plaintiff is entitled to an award of attorneys’ fees and costs pursuant to section 627.70152, 627.428, 626.9373 and 57.041, Florida Statutes and/or other Florida Law. Page 3 of 6 eFiled Lee County Clerk of Courts Page 3 WHEREFORE, Plaintiffs demand judgment against Defendant for damages, including but not limited to damages owed under the Contract, attorneys’ fees and costs. DEMAND FOR JURY TRIAL Plaintiffs further demand a trial by jury of all issues so triable as a matter of right. [Certificate of Service on Following Page] Page 4 of 6 eFiled Lee County Clerk of Courts Page 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant. KANNER & PINTALUGA, P.A. Attorneys for Plaintiffs 1625 Hendry Street, 4th Floor Fort. Myers, FL 33901 Phone: (561) 424-0032 Fax: (866) 641-4690 Court Phone Number: (1-888) 824-7834 Email: rpowers@kpattorney.com qgoodley@kpattorney.com FirstPartyEService@kpattorney.com By:_/s/ Raymond D. Powers, Jr . RAYMOND D. POWERS, JR, ESQ. Florida Bar No.: 1011732 Page 5 of 6 eFiled Lee County Clerk of Courts Page 5 EXHIBIT “A” Page 6 of 6 eFiled Lee County Clerk of Courts Page 6 MONARCH NATIONAL INSURANCE COMPANY PO Box 13239 Tallahassee, FL 32317 Claims: 1-800-293-2532 Service: Contact Your Agent Listed Below Policy Number Policy Period 12:01 AM Standard Time Agent Code FROM TO Named Insured and Mailing Address: Location of Residence Premises: Agent: Coverage is only provided where a premium and a limit of liability is shown. HURRICANE DEDUCTIBLE: ALL OTHER PERILS DEDUCTIBLE: SECTION I –PROPERTY COVERAGES LIMIT OF LIABILITY ANNUAL PREMIUM A – Dwelling B – Other Structures C – Personal Property D – Loss of Use SECTION II – LIABILITY COVERAGES E – Personal Liability F – Medical Payments OPTIONAL COVERAGES Page 1 of 4 MNIC HO 9 (01 19) eFiled Lee County Clerk of Courts Page 7 MONARCH NATIONAL INSURANCE COMPANY PO Box 13239 Tallahassee, FL 32317 Claims: 1-800-293-2532 Service: Contact Your Agent Listed Below Policy Number Policy Period 12:01 AM Standard Time Agent Code FROM TO MANDATORY ADDITIONAL CHARGES TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES Insured Note: The portion of your premium for Hurricane Coverage is: The portion of your premium for Non-Hurricane Coverage is: Page 2 of 4 MNIC HO 9 (01 19) eFiled Lee County Clerk of Courts Page 8 MONARCH NATIONAL INSURANCE COMPANY PO Box 13239 Tallahassee, FL 32317 Claims: 1-800-293-2532 Service: Contact Your Agent Listed Below Policy Number Policy Period 12:01 AM Standard Time Agent Code FROM TO Forms and Endorsements Applicable to this Policy: Rating Information for your policy: Form Type Year Built / Town / Row Construction BCEGS Territory Wind /Hail Mun Code Verified House Type Exclusion Fire / Police County Occupancy Use No. of Families Protection Class Dist to Hydrant Dist to Fire Station Protective Device Credits No Dec or Prior Seasonal Surcharge Age of Home Surcharge Burglar Alarm Fire Alarm Sprinkler Insurance Surcharge / Credit Terrain Building Type Roof Cover Roof Deck Attachment Roof-Wall Connection Secondary Water Roof Shape Opening Protection FBC Wind Speed FBC Wind Design Resistance A premium adjustment of ___________ is included to reflect the building’s wind loss mitigation features or construction techniques that exist. Credits range from 0% to 90%. A premium adjustment of ___________ is included to reflect the building code grade for your area. Adjustments range from a 5% surcharge to a 46% credit. AUTHORIZED BY: _________________________________________ _______________________________________ NAME SIGNATURE Page 3 of 4 MNIC HO 9 (01 19) eFiled Lee County Clerk of Courts Page 9 MONARCH NATIONAL INSURANCE COMPANY PO Box 13239 Tallahassee, FL 32317 Claims: 1-800-293-2532 Service: Contact Your Agent Listed Below Policy Number Policy Period 12:01 AM Standard Time Agent Code FROM TO NOTICES PLEASE VISIT WWW.MONARCHNATIONAL.COM TO VIEW YOUR APPLICABLE POLICY FORMS AND ENDORSEMENTS. CLICK CUSTOMER SERVICE FOLLOWED BY INSURED LOGIN OR TYPE THIS URL INTO YOUR INTERNET BROWSER HTTPS://FEDNAT.LIVE.PTSINSURED.COM. YOU HAVE THE RIGHT TO REQUEST AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR POLICY AND ENDORSEMENTS BY CONTACTING YOUR AGENT OR CALLING CUSTOMER SERVICE AT (800) 293-2532. 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. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT. MNIC HO 9 (01 19) Page 4 of 4 eFiled Lee County Clerk of Courts Page 10 1441 Maclay Commerce Dr. Suite 101 Tallahassee, FL 32312 eFiled Lee County Clerk of Courts Page 11 eFiled Lee County Clerk of Courts Page 12 eFiled Lee County Clerk of Courts Page 13 eFiled Lee County Clerk of Courts Page 14 eFiled Lee County Clerk of Courts Page 15 eFiled Lee County Clerk of Courts Page 16 eFiled Lee County Clerk of Courts Page 17 eFiled Lee County Clerk of Courts Page 18 eFiled Lee County Clerk of Courts Page 19 eFiled Lee County Clerk of Courts Page 20 eFiled Lee County Clerk of Courts Page 21 eFiled Lee County Clerk of Courts Page 22 eFiled Lee County Clerk of Courts Page 23 eFiled Lee County Clerk of Courts Page 24 eFiled Lee County Clerk of Courts Page 25 eFiled Lee County Clerk of Courts Page 26 eFiled Lee County Clerk of Courts Page 27 eFiled Lee County Clerk of Courts Page 28 eFiled Lee County Clerk of Courts Page 29 eFiled Lee County Clerk of Courts Page 30 eFiled Lee County Clerk of Courts Page 31 Monarch National Insurance Company Homeowners MN HO3 SP 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY HO3 - SPECIAL PROVISIONS - FLORIDA This endorsement modifies insurance provided under the following: HOMEOWNERS – 3 SPECIAL FORM – HO 00 03 DEFINITIONS “Emergency Mitigation Services” The following definition of “Occurrence” is deleted “Emergency Mitigation Services” means and replaced with the following: necessary measures performed solely to protect “Occurrence” means an accident, including covered property from further damage, when the continuous or repeated exposure to substantially damage or loss is caused by a Peril Insured the same general harmful conditions, which Against. results, during the policy period, in: “Hovercraft” a. “Bodily injury”; or “Hovercraft” means a self-propelled motorized b. "Property damage”. ground effect vehicle and includes, but is not limited to, flare craft and air cushion vehicles. Assault and battery is not an “occurrence”, when committed by or at the direction or with the prior “Hurricane loss” knowledge of an “Insured”. “Hurricane loss” means any loss resulting from the peril of Windstorm caused by a “hurricane The following definitions are added: occurrence” “Actual Cash Value” “Hurricane occurrence” “Actual Cash Value” means the cost to repair or A “hurricane occurrence” means a storm system replace covered property, at the time of loss or that has been declared to be a hurricane by the damage, whether that property has sustained National Hurricane Center of the National partial or total loss or damage, with material of Weather Service, with a duration that : like kind and quality, subject to a deduction for a. Begins at the time a hurricane watch or deterioration, depreciation and obsolescence as hurricane warning is issued for any part of determined by us. Florida by the National Hurricane Center of “Assignee” the National Weather Service; “Assignee” means a person who is assigned b. Continues for a time period during which the post-loss benefits through an “assignment hurricane conditions exist anywhere in the agreement”. state of Florida; and, “Assignment agreement” c. Ends 72 hours following the termination of the last hurricane watch or hurricane warning “Assignment agreement” means any instrument: issued for any part of the state of Florida by a. by which any post-loss benefits under this the National Hurricane Center of the National policy are assigned or transferred, or Weather Service. acquired in any manner, in whole or in part, “Marring” to or from, a person providing services, to “Marring” means to disfigure, deface, scar, protect, repair, restore, or replace property or discolor or blemish. to mitigate against further damage to the property; and “Motor Vehicle” b. that complies with the Florida law. “Motor Vehicle” means: “Assignor” a. A self-propelled land or amphibious vehicle; or “Assignor” means a person who assigns post- loss benefits under this policy to another person b. Any trailer or semitrailer which is being through an “assignment agreement”. carried on, towed by or hitched for towing by a vehicle described in a. above. “Drone” “Personal watercraft” “Drone” means any unmanned aircraft, aerial vehicle or air ship that can navigate “Personal watercraft” means watercraft designed autonomously either under remote control by a to carry one to three people, propelled by a water human operator or without human control, jet pump powered by an internal combustion beyond line of sight by way of GPS or onboard engine, and capable of speeds greater than 25 computer. MPH. MN HO3 SP 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 19 eFiled Lee County Clerk of Courts Page 32 Monarch National Insurance Company Homeowners MN HO3 SP 12 20 Personal watercraft includes but is not limited to damage until the measures are completed to watercraft often referred to as: prevent such damage. a. Jet skis; “Vacant” b. Wave runners; and “Vacant” means: c. Similar watercraft. The dwelling lacks the necessary amenities, “Pollutant” adequate furnishings, or utilities and services to permit occupancy of the dwelling as a residence. “Pollutant” means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, SECTION I – PROPERTY COVERAGES vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, COVERAGE A - Dwelling reconditioned or reclaimed. The following Paragraph 3. is added: “Presuit settlement demand” 3. In-ground swimming pools on the “residence “Presuit settlement demand” means the demand premises”. made by the “assignee” in the written notice of COVERAGE B - Other Structures is replaced by the intent to initiate litigation. following: “Presuit settlement offer” COVERAGE B - Other Structures “Presuit settlement offer” means the offer made 1. We cover other structures on the “residence by us in our written response to a notice of intent premises” set apart from the dwelling by clear to initiate litigation. space. This includes structures connected to the “Replacement Cost” dwelling by only a fence, utility line, or similar “Replacement Cost” means the reasonable and connection. This coverage does not apply to in- customary cost, including labor and material cost, ground swimming pools. as determined by us to repair or replace the 2. We do not cover: damaged property, or any of its parts, with a. Land, including land on which the other material of like kind and quality, not subject to a structures are located; deduction for deterioration, depreciation or b. Other structures rented or held for rental to obsolescence. any person not a tenant of the dwelling, “Screen enclosure” unless used solely as a private garage; “Screen enclosure” means any structure, c. Other structures from which any “business” is including frames, screen material, footings, conducted; or supports or anchors of the enclosure whether or d. Other structures used to store “business” not attached to a dwelling, enclosed by screens property. However, we do cover a structure on more than one side, otherwise open to the that contains “business” property solely weather, and not constructed and covered by the owned by an “insured” or a tenant of the same or substantially the same materials as that dwelling provided that “business” property of the “residence premises”. does not include gaseous or liquid fuel, other “Spalling” than fuel in a permanently installed fuel tank “Spalling” means the disintegration of stone or of a vehicle or craft parked or stored in the concrete. It can be produced by a variety of structure. mechanisms, including as a result of projectile 3. The limit of liability for this coverage will not be impact, corrosion, weathering, cavitation, or more than the limit shown in the Declarations for excessive rolling pressure (as in a ball bearing). Coverage B. Use of this coverage does not “Supplemental Claim” or “Reopened Claim” reduce the Coverage A limit of liability. “Supplemental Claim” or “Reopened Claim” COVERAGE A – Dwelling and COVERAGE B – means any claim for recovery from us for a loss Other Structures we previously adjusted pursuant to the initial Cosmetic and Aesthetic Damage to Floors – claim. Special Limit of Liability. The total limit of liability “Unoccupied” for Coverages A and B combined is $10,000 per “Unoccupied” means: policy term for cosmetic and aesthetic damages to floors. The dwelling is not being inhabited as a residence. 1. Cosmetic or aesthetic damage includes, but is not limited to, chips, scratches, discoloration, dents “Urgent or emergency circumstance” or any other damage to less than 5% of the total “Urgent or emergency circumstance” means a floor surface area and does not prevent typical situation in which a loss to the property, if not use of the floor. addressed immediately, will result in additional MN HO3 SP 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 19 eFiled Lee County Clerk of Courts Page 33 Monarch National Insurance Company Homeowners MN HO3 SP 12 20 2. This limit includes the cost of tearing out and 15. $2,000 for loss to any individual item or set of replacing any part of the building necessary to electronic equipment covered under this Policy repair the damaged flooring. caused directly or indirectly by theft or vandalism 3. This limit does not increase the Coverage A or with a maximum limit of 10% of the total Coverage B limits of liability shown in the Coverage C for all electronic equipment covered. Declarations. The electronic equipment includes, but is not 4. This limit does not apply to cosmetic or aesthetic limited to: damage to floors caused by a Peril Insured Against a. Television Sets; as named and described under COVERAGE C – b. Cameras and projectors; PERSONAL PROPERTY. c. Radios, sound playing and recording devices; COVERAGE C - Personal Property d. Video cassettes, records, video tape players, Special Limits of Liability compact disc players, DVD players, compact Paragraph 1., 10. and 11. are replaced by the discs, video discs and tapes; following: e. Electronic data processing equipment and 1. $200 on money, bank notes, bullion, gold other storage media; than goldware, silver other than silverware, f. Electronic games, cartridges and platinum, coins, medals, scrip, stored value cards accessories; and smart cards. g. Microwave ovens (unless built-in); and 10. $1,000 for loss to electronic apparatus, while in or h. Radio transmitting and receiving devices. upon a motor vehicle or other motorized land 16. $5,000 for loss to tools. conveyance, if the electronic apparatus is 17. 5% of the total Coverage C amount for any one equipped to be operated by power from the item of unscheduled personal property. electrical system of the vehicle or conveyance 18. $2500 on trading cards and comic books, while retaining its capability of being operated by including any of these that are part of a collection. other sources of power. 19. $10,000 in the aggregate for loss by theft of any Electronic apparatus includes: rug, carpet (except wall to wall carpet), tapestry, a. Accessories and antennas; or wall-hanging or other similar article. b. Tapes, wires, records, discs or other media; Property Not Covered for use with any electronic apparatus described in Item 3.b. is deleted and replaced by the following: this item 10. 3. “Motor vehicles” or all other motorized land 11. $1,000 for loss to electronic apparatus, while not conveyances. in or upon a motor vehicle or other motorized land This includes: conveyance, if the electronic apparatus: b. Electronic apparatus that is designed to be a. Is equipped to be operated by power from the operated solely by use of the power from the electrical system of the vehicle or electrical system of “motor vehicles” or all conveyance while retaining its capability of other motorized land conveyances. being operated by other sources of power; Electronic apparatus includes: b. Is away from the “residence premises”; and (1) Accessories or antennas; or c. Is used at any time or in any manner for any “business” purpose. (2) Tapes, wires, records, discs or other media; Electronic apparatus includes: for use with any electronic apparatus a. Accessories and antennas; or described in this item 3.b. b. Tapes, wires, records, discs or other media; The exclusion of property described in 3.a. and for use with any electronic apparatus described in 3.b. above applies only while the property is in or this item 11. upon the vehicle or conveyance. The following items are added: We do cover vehicles or conveyances not subject 12. $1,000 for loss to art glass windows and other to motor vehicle registration, which are: works of art such as, but not limited to, statuary a. Used to service an “insured’s” residence; or (including but not limited to Hummels), marbles, b. Designed for assisting the handicapped. bronzes, porcelains, rare glass and bric-a-brac. Item 5. is deleted and replaced by the following: 13. $2,500 for personal computers and related peripherals such as disk drives, printers and 5. Property of roomers, boarders, tenants and commercial software. We will not pay for other anyone who regularly resides at the insured software or lost data. premises who is not an “insured. 14. $1,000 for bicycles and related equipment. MN HO3 SP 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 19 eFiled Lee County Clerk of Courts Page 34 Monarch National Insurance Company Homeowners MN HO3 SP 12 20 The following is added to Property Not Covered: SECTION I - ADDITIONAL COVERAGES 10. Your satellite dish, satellite antenna or radio 2. Reasonable repairs is deleted and replaced by towers and their antenna. This exclusion also the following: applies to all related receiving equipment 2. “Emergency Mitigation Services” including receiver mounts, transducers or other a. We pay for the reasonable costs incurred by receiver parts or installation parts. Television you for “emergency mitigation services”. Sets are not an excluded item under this The most we pay for such costs is limited to exclusion. the greater of: 11. “Drones” and parts. (1) $3,000; or 12. “Hovercraft” and parts. (2) 1% of the limit that applies to your COVERAGE D - Loss of Use Coverage A limit of liability. COVERAGE D - Loss of Use is deleted and replaced b. After a loss to covered property caused by a by the following: peril insured against, you must ask us, before any work in excess of 2.a. above begins, to We will pay eighty percent (80%) of the additional pay an amount greater than the limit set forth expenses you incur for a “hurricane loss”, and one in 2.a. above. We will respond within 48 hours hundred percent (100%) of the additional expenses of your request. Our response to you will you incur for other losses, but no more than the limit indicate whether or not we agree to pay a of liability shown for Coverage D in the Declarations greater amount. If we do so agree, our for the following: response will specify: 1. Additional living expenses incurred by you so that (1) the additional amount that we will pay; your household can maintain its normal standard and of living when a loss covered under this Section makes that part of the “residence premises” (2) the measures or services for which such where you reside not fit to live in. additional amount will be paid. Payment will be for the shortest time required to c. If, after a loss to covered property caused by repair or replace the damage or, if you a peril insured against, you ask us to pay an permanently relocate, the shortest time required amount greater than the limit set forth in 2.a. for your household to settle elsewhere. above and we fail to respond to your request within 48 hours, you may exceed the amount 2. If a loss covered under this Section makes that in 2.a. to perform “emergency mitigation part of the “residence premises” rented to others services”. or held for rental by you not fit to live in, we cover the: However, we will not pay more than the Fair Rental Value, meaning the fair rental value reasonable costs incurred by you for of that part of the “residence premises” rented to “emergency mitigation services”. others or held for rental by you less any d. If, however, hurricane coverage is part of expenses that do not continue while the your Policy and a covered loss occurs during premises is not fit to live in. a “hurricane occurrence”, the amount we pay Payment will be for the shortest time required to under this additional coverage is not limited repair or replace that part of the premises rented to the amount in 2.a. above. or held for rental. However, we will not pay more than the 3. If civil authority prohibits you from use of the reasonable costs incurred by you for “residence premises” as a result of direct damage “emergency mitigation services”. to neighboring premises by a Peril Insured e. “Emergency mitigation services” under this Against in this policy, we cover the Additional ADDITIONAL COVERAGES 2. may include Living Expense and Fair Rental Value loss as a permanent repair, provided that such repair provided under 1. and 2. above for no more than is performed solely to: two weeks. (1) protect the covered property from further The periods of time for expenses described above are damage; or not limited by the expiration of this policy. We do not (2) prevent unwanted entry into a building on cover loss or expense due to cancellation of a lease the “residence premises”. or agreement. f. If the measures described in 2.a., 2.b., 2.c., 2.d., and 2.e. above involve repair to other damaged property, we pay only if: (1) the property that is repaired is covered by this policy; and (2) the damage that necessitates the repair is caused by a peril insured against. MN HO3 SP 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 19 eFiled Lee County Clerk of Courts Page 35 Monarch National Insurance Company Homeowners MN HO3 SP 12 20 g. Notwithstanding 2.a., 2.b., 2.c., 2.d.,2.e. and (1) The Perils Insured Against named under 2.f., if, after a loss to the covered property Coverage C; caused by a peril insured against, an (2) Decay within the building that is hidden “assignor” acts under an “urgent or from view, unless the presence of such emergency circumstance” and executes an decay is known to an “insured” prior to “assignment agreement” for the “emergency collapse; mitigation services” to protect, repair, restore, (3) Insect or vermin damage that is hidden or replace the covered property or to mitigate from view, unless the presence of such against further damage to the property, the damage is known to an “insured” prior to “assignee” may not receive an assignment of collapse; post-loss benefits covered under this policy in (4) Weight of contents, equipment, animals excess of: or people; (1) $3,000; or (2) 1% of the limit that applies to Coverage (5) Weight of rain which collects on a roof; or A; (6) Use of defective material or methods in whichever is greater. construction, remodeling or renovation if h. To the extent reasonably possible, all the collapse occurs during the course of damaged property must be retained and the construction, remodeling or preserved for our inspection, testing, and renovation. analysis. e. Loss to an awning, fence, patio, deck, i. This coverage does not: pavement, swimming pool, underground (1) increase the limit of liability that applies to pipe, flue, drain, cesspool, septic tank, the covered property; foundation, retaining wall, bulkhead, pier, (2) relieve you of your duties, in case of a wharf or dock is not included under d.(2) loss to covered property, as set forth in through (6) above, unless the loss is a direct SECTION I – CONDITIONS 2.; result of the collapse of a building or any part (3) pay for property not covered, or for of a building. repairs resulting from a peril not covered, f. This coverage does not increase the limit of or for loss excluded in this Policy. liability that applies to the damaged covered property. 8. Collapse is deleted and replaced by the following: 8. Collapse. 9. Glass or Safety Glazing Material is deleted and replaced by the following: a. The coverage provided under this Additional Coverage – Collapse applies only to an 9. Glass or Safety Glazing Material. abrupt collapse. a. We cover: b. For the purpose of this Additional Coverage: (1) The breakage of glass or safety glazing An abrupt collapse means an abrupt falling material which is part of a covered down or caving in of a building or any part of building, storm door or storm window; a building with the result that the building or (2) The breakage caused directly by Earth part of the building cannot be occupied for its Movement and Settlement, of glass or current intended purpose. safety glazing material which is part of a c. This Additional Coverage – Collapse does covered building, storm door or storm not apply to: window; and (1) A building or any part of a building that is (3) The direct physical loss to covered in danger of falling down or caving in; property caused solely by the pieces, fragments or splinters of broken glass or (2) A part of a building that is standing even safety glazing material, which is part of a if it has separated from another part of building, storm door or storm window. the building. b. This coverage does not include loss: (3) A building or any part of a building that is standing even if it shows evidence of (1) To covered property which results “spalling”, crumbling, settling, cracking, because the glass or safety glazing shifting, bulging, racking, sagging, material has been broken, except as bowing, bending, leaning, shrinkage or provided in a. (3) above; or expansion. (2) On the “residence premises” if the d. We insure for direct physical loss to covered dwelling has been “vacant” or property involving collapse of a building or “unoccupied” for more than thirty (30) any part of a building if the collapse was consecutive days immediately before the caused by one or more of the following: loss, except when the breakage results directly from Earth Movement as MN HO3 SP 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 19 eFiled Lee County Clerk of Courts Page 36 Monarch National Insurance Company Homeowners MN HO3 SP 12 20 provided for in a. (2) above. A dwelling SECTION I - PERILS INSURED AGAINST being constructed is not considered Under COVERAGE A – DWELLING and “vacant” or “unoccupied”. COVERAGE B – OTHER STRUCTURES: Loss to glass covered under this Additional Item 1. is deleted and replaced by the following: Coverage, 9. will be settled on the basis of 1. Involving collapse, including any of the following replacement cost with safety glazing conditions of property or any part of the property, materials when required by law and whether above or below the ground: ordinance. a. An abrupt falling down or caving in;