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Filing # 198262016 E-Filed 05/14/2024 12:10:53 PM
IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT, IN AND FOR
SARASOTA COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:
JUDY MYERS AND JUAN RICARDO DURAN,
Plaintiffs,
vs.
FLORIDA INSURANCE GUARANTY
ASSOCIATION,
Defendant.
/
COMPLAINT
Plaintiffs, JUDY MYERS AND JUAN RICARDO DURAN (“Plaintiffs”), by and
through their undersigned counsel sue the Defendant, FLORIDA INSURANCE GUARANTY
ASSOCIATION (“Defendant”), as Successor in Interest for UNITED PROPERTY &
CASUALTY INSURANCE COMPANY F/K/A FAMILY SECURITY INSURANCE
COMPANY, INC, and allege:
JURISDICTIONAL ALLEGATIONS
1. This is an action for damages for greater than $50,000.00, exclusive of interest, costs, and
attorney’s fees, and is otherwise within the jurisdictional limits of this Court.
2. At all times material hereto, Plaintiffs were and are a resident of Sarasota County,
Florida, and are otherwise sui juris.
3. At all times material hereto, Defendant was and is an entity created by the State of
Florida pursuant to Fla. Stat. §§ 631.50 et seq.
4. At all times material hereto, Plaintiffs owned the property located at 4140 Targee Ave,
North Port, Florida 34287 (the “Property”).
ILG File #: 29616
Claim #: 22FL-00181984
Case #:
Filed 05/16/2024 01:03 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
5. Jurisdiction and venue are proper in Sarasota County, Florida.
GENERAL ALLEGATIONS
6. Prior to September 27, 2022, FAMILY SECURITY INSURANCE COMPANY, INC
(FAMILY SECURITY) issued an insurance policy for the Property, bearing policy number UHF
4496474 02 09 (the “Policy”). A copy of the Policy is attached hereto and incorporated herein as
Exhibit “A”.
7. The Policy issued was in full force and effect from July 10, 2022, through July 10, 2023.
8. The Policy included coverage for dwelling, other structures, personal property, and loss
of use suffered by Plaintiffs.
9. The policy for the building and other structures portions of the Policy is an “all-risk”
policy that covers all direct physical losses to the Property that are not otherwise expressly
excluded.
10. On June 17, 2022, FAMILY SECURITY merged with and into UNITED PROPERTY &
CASUALTY INSURANCE COMPANY (UPCIC). UPCIC was the survivor company of such a
merger. See Exhibit “D.”
11. On or about September 27, 2022, Plaintiffs' Property was damaged by Hurricane Ian, a
covered loss (the “Loss”).
12. The Loss caused Plaintiffs to suffer economic damage to the Property, including physical
loss to dwelling, contents, and loss of use, and Plaintiffs to suffer such damages. A true and
correct copy of the Estimate of Damage is attached hereto as Exhibit “B.”
13. Subsequent to the Loss, Plaintiffs filed a claim with UPCIC for the Loss. UPCIC
assigned claim number 22FL-00181984 (“the Claim”) to the claim.
14. Plaintiffs gave timely notice of the Loss and resulting damage to UPCIC and/or its
authorized agents, employees, or representatives.
ILG File #: 29616
Claim #: 22FL-00181984
Case #:
15. UPCIC was afforded the opportunity to fully inspect the Loss, investigate the cause of the
Loss, and quantify the amount of the Loss.
16. UPCIC did inspect the Loss and Property in its investigation of the Claim.
17. UPCIC afforded coverage for the Claim.
18. UPCIC determined that $58,238.00 was owed in policy benefits on the Claim (the
“Partial Payment”).
19. UPCIC’s Partial Payment of the Loss is an admission that the September 27, 2022 Loss is
a covered loss under the Policy.
20. Through its determination that there were damages on the Claim, UPCIC admitted
liability for the Loss.
21. The amount of damages determined by UPCIC is inadequate to perform the repairs
needed to fix all damages caused by the Loss and to restore Plaintiffs' Property to its pre-Loss
condition.
22. UPCIC breached the Policy by failing to pay the full amount of damages sustained by
Plaintiffs.
23. On February 27, 2023, UPCIC was declared insolvent and was ordered into liquidation.
24. Pursuant to the provisions of Fla. Stat. §§ 631.50 et seq., Defendant has assumed the
liabilities and obligations of the Claim and the Policy. See Consent Order appointing Department
of Financial Services as receiver of UPCIC for purposes of liquidation, attached hereto as
Exhibit “C”.
25. Defendant has made no payments for the Loss to the Property.
26. At all times material hereto, Defendant was not immune from liability for breach of
contract pertaining to insurance coverage.
ILG File #: 29616
Claim #: 22FL-00181984
Case #:
27. All conditions precedent to obtaining payment of insurance benefits under the Policy
have been complied with, met, or waived.
COUNT I – BREACH OF CONTRACT
28. Plaintiffs adopt, reallege, restate, and incorporate by reference the allegations contained
in Paragraphs 1 through 27 above as though fully set forth herein.
29. This is a cause of action for breach of contract arising out of an insurance Policy that was
in effect at the time of the loss to the insured Property.
30. On or about July 10, 2022, Plaintiffs and UNITED PROPERTY & CASUALTY
INSURANCE COMPANY F/K/A FAMILY SECURITY INSURANCE COMPANY, INC
entered into a valid and enforceable agreement of insurance for the Property.
31. At all times material hereto, the Policy was in full force and effect.
32. Defendant has breached the Policy by refusing to provide complete coverage for the Loss
that occurred during the Policy period.
33. As a direct and proximate cause of Defendant’s breach, Plaintiffs have suffered damages
in the form of unpaid insurance benefits due and owing to restore the Property to its pre-loss
condition.
WHEREFORE, Plaintiffs demand judgment against Defendant, FLORIDA
INSURANCE GUARANTY ASSOCIATION, as Successor in Interest for UNITED
PROPERTY & CASUALTY INSURANCE COMPANY F/K/A FAMILY SECURITY
INSURANCE COMPANY, INC, for damages together with interest, costs, and attorney’s fees,
and for such further relief this court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiffs herein demand a trial by jury of all issues so trial.
THIS COMPLAINT IS DATED AND SIGNED on May 14, 2024, and was filed by:
ILG File #: 29616
Claim #: 22FL-00181984
Case #:
INSURANCE LITIGATION GROUP, P.A.
Attorney for Plaintiffs
1500 N.E. 162nd Street
Miami, Florida 33162
Telephone: (786) 529-0090
Facsimile: (866) 239-9520
E-Mail: service@ILGPA.COM
By: /s/ Gregorie Dolce
GREGORIE DOLCE, ESQ.
FL Bar No. 78139
YISROEL SILVERMAN, ESQ.
FL Bar No. 1011445
ILG File #: 29616
Claim #: 22FL-00181984
Case #:
###EFMESES###
Exhibit A
UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY
SATELLITE AGENCY NETWORK OF
TAMPA BAY DBA SAN OF TAMPA BAY
PO BOX 1438
ST PETERSBURG FL 33731-1438
JUDY MYERS
JUAN R DURAN
4140 TARGEE AVE
NORTH PORT FL 34287
IMPORTANT INFORMATION RELATED TO YOUR POLICY
Policy No: UHF 4496474 02
To answer questions about your policy, coverage and payment obligation, your
best source of information is your local insurance agent.
The agent responsible for servicing your policy is:
SATELLITE AGENCY NETWORK OF
TAMPA BAY DBA SAN OF TAMPA BAY
PO BOX 1438
ST PETERSBURG FL 33731-1438
727-526-5707
To check Policy and/or billing information 24 hours a day, use our Automated Response
System:
Call 1-800-295-8016 for up-to-date information concerning your policy.
Please have your policy number available when making this call.
To Make Payments, log onto www.upcinsurance.com/policyholders/payments or use
the stub on your invoice and the envelope provided and mail to:
Family Security Insurance Company
PO BOX 31393
Tampa, FL 33631-3393
To Report a Claim:
You may call us 24 hours a day at 1-(888) CLM DEPT/1-(888)-256-3378.
Or
You may report a claim to your agent at the address and phone number above.
Office Hours: 8:00am to 5:00pm (Eastern Time), Monday through Friday, except Holidays
Dear UPC Policyholder,
UPC Insurance® is pleased to enclose your renewal policy. We urge you to review it and become
familiar with the coverages and limits for which you are insured. Should you have questions or
desire changes, please call your agent listed in the upper right-hand corner of your policy for
assistance. Your agent will be happy to clarify any coverage or premium concerns.
As you look over your renewal, we want to make you aware of UPC’s easy-to-pay installment
premium plans. In the event of a loss, UPC wants to be able to respond to your policy, so it is very
important that your premium payments are made on time. The renewal premium on your policy can
be paid in any one of the following ways:
Type of 1st Payment 2nd Payment 3rd Payment 4th Payment Installment
Payment Due Due Due Due Charges
One Pay 20 days prior to None
Option the renewal date
of the policy
Semiannual 20 days prior to 180 days after $3 each
Pay Option the renewal date the inception installment
of the policy date of the ($6 total)
renewal policy
Quarterly 20 days prior to 90 days after 180 days after 270 days after $3 each
Pay Option the renewal date the inception the inception the inception installment
of the policy date of the date of the date of the ($12 total)
renewal policy renewal policy renewal policy
Eleven Pay 11 monthly installments automatically deducted from your bank $1 each
Option account installment
($11 total)
It is important to check your policy to see how your payment plan is set up. Call your agent if you
need to change to another one of our easy payment options. You can disregard this notice if your
Mortgagee collects your premium via escrow and pays your premium for you.
Finally, should you have a homeowner claim this year; you should report it by calling 888-256-3378
or 727-895-7737. You can also report a loss by accessing www.upcinsurance.com/claims/ and
follow the directions.
We thank you for allowing UPC to provide your Florida homeowners policy. We value the trust you
have placed in us and we encourage you to visit our website at www.upcinsurance.com to learn
more about our company.
FSIC 09 REN 02 19 WWW.UPCINSURANCE.COM Page 1 of 1
HOMEOWNERS
POLICY NUMBER POLICY PERIOD
From To
UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY
07/10/2022 07/10/2023
PO Box 30763 UHF 4496474 02 12:01 am Standard Time
Tampa, FL 33630-3763 at the property address shown below
INSURED COPY Date Issued: 05/12/2022
INSURED: AGENT: 4006254
JUDY MYERS SATELLITE AGENCY NETWORK OF
JUAN R DURAN TAMPA BAY DBA SAN OF TAMPA BAY
4140 TARGEE AVE PO BOX 1438
NORTH PORT FL 34287 ST PETERSBURG FL 33731-1438
Telephone: 919-306-0086 Telephone: 727-526-5707
Property Address: 4140 TARGEE AVE, NORTH PORT FL 34287
This is a Bill
INST DATE TRANSACTION AMOUNT
01 05/11/2022 Renewal Premium $1,735.00
01 05/11/2022 Fee $27.00
AMOUNT DUE: $ 1,762.00
PAYMENT DUE 07/10/2022
POLICY BALANCE $ 1,762.00
IMPORTANT NOTICE:
FOR COVERAGE TO CONTINUE, YOUR PAYMENT MUST REACH OUR OFFICE BY THE DUE DATE. IF
PAYMENT IS NOT RECEIVED ON OR BEFORE THAT DATE, THIS POLICY WILL NOT BE IN FORCE.
P R E M I U M N O T I C E - I N S U R E D
Please mail payment to the address below or to make an electronic payment,
log onto www.upcinsurance.com.
******DETACH HERE******
----------------------------------------------------------------------------------- -
************DO NOT PHOTOCOPY************
Payment must be received on or before due date to avoid cancellation.
For any billing questions, please call 800-295-8016. If you have
questions concerning your coverage, please contact your agent listed above.
A PAYMENT PLAN IS AVAILABLE - PLEASE CONTACT YOUR AGENT IF INTERESTED.
POLICY NUMBER: UHF 4496474 02
EFFECTIVE DATE: 07/10/2022 AMOUNT DUE NOW $1,762.00
LOAN NUMBER:
AGENT: 4006254
PLEASE REMIT PAYMENT TO:
JUDY MYERS Family Security Insurance Co.
JUAN R DURAN PO BOX 31393
4140 TARGEE AVE Tampa, FL 33631-3393
NORTH PORT FL 34287
FSI0009UHF44964740207102207102200001762004
UPC 113 10 16
UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY
NOTICE OF CHANGE IN POLICY TERMS
We are sending this Notice of Change in Policy Terms to inform you about important changes to your
Policy.
A brief overview of the changes is described below; however, it is important for you to read all the
enclosed documents to fully understand these changes.
If you have any questions or have any changes that may affect your Policy or coverage, please contact your
agent at the number shown in your Declarations. We appreciate your business, and we value you as a
customer. Thank you for choosing UPC Insurance ® for your insurance needs.
Removal of the Flood Coverage Endorsement - HO 671 01 19
Family Security Insurance Company is no longer providing private flood coverage as an endorsement to
your homeowner’s insurance policy. The removal of this coverage leaves your home unprotected from
losses caused by the peril of Flood.
Flood is defined as a general and temporary condition of partial or complete inundation of two or more acres
of normally dry land area or of two or more properties (at least one of which is your property) from:
(1) Overflow of inland or tidal waters;
(2) Unusual and rapid accumulation or runoff of surface waters from any source; or
(3) “Mudflow”; or
Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a
“flood.”
Please note new flood policies written through the National Flood Insurance Program (“NFIP”) are subject to
a 30 day waiting period. Please contact your agent to secure flood coverage to avoid leaving your home
unprotected.
-------------------- End of Notice of Change in Policy Terms --------------------
This notice is for informational purposes only and is not intended to
replace or amend any language within your contract.
We encourage you to read your entire Policy.
Thank you for being a customer. We appreciate your business!
FSIC 09 NCPT 10 16 N011 Page 1 of 1
UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY
NOTICE OF CHANGE IN POLICY TERMS
We are sending this Notice of Change in Policy Terms to inform you about important changes to your
Policy.
A brief overview of the changes is described below; however, it is important for you to read all the
enclosed documents to fully understand these changes.
If you have any questions or have any changes that may affect your Policy or coverage, please contact your
agent at the number shown in your Declarations. We appreciate your business, and we value you as a
customer. Thank you for choosing UPC Insurance® for your insurance needs.
Endorsements
Endorsements may restrict or broaden coverage pertaining to your Homeowner’s Policy. We have
introduced or amended the following endorsements that apply to your Policy:
FSIC 01 09 06 21 – Special Provisions - Florida
FSIC 01 09 02 19 - Special Provisions – Florida was a part of your policy. It has been replaced by FSIC 01
09 06 21 - Special Provisions – Florida. The following changes affect your coverage:
DEFINITIONS
We added a definition for “Reopened Claim” and defined it as:
o A claim that an insurer has previously closed, but that has been reopened upon an
“insured’s” request for additional costs for loss or damage previously disclosed to the
insurer.
We added a definition for “Supplemental Claim” and defined it as:
o A claim for additional loss or damage from the same peril which the insurer has previously
adjusted or for which costs have been incurred while completing repairs or replacement
pursuant to an open claim for which timely notice was previously provided to the insurer.
We added a definition for “Claimant” and defined it as:
o An “insured” who is filing suit under a residential or commercial property insurance policy.
We added a definition for “Disputed Amount” and defined it as:
o The difference between the “claimant’s” “presuit settlement demand”, not including
attorney fees and costs listed in the demand, and the insurer’s “presuit settlement offer”,
not including attorney fees and costs, if part of the offer.
We added a definition for “Presuit Settlement Demand” and defined it as:
o The demand made by the “claimant” in the written notice of intent to initiate litigation as
required by Florida law. The demand must include the amount of reasonable and necessary
attorney fees and costs incurred by the “claimant”, to be calculated by multiplying the
number of hours actually worked on the claim by the “claimant’s” attorney as of the date of
the notice by a reasonable hourly rate.
We added a definition for “Presuit Settlement Offer” and defined it as:
o The offer made by the insurer in its written response to the notice as required by Florida
law.
SECTION I – PROPERTY COVERAGES
Coverage C – Personal Property
o Amended item a. in 3. Special Limits Of Liability to include virtual currency of any kind
including, but not limited to: digital currency, crypto currency, or any other type of
electronic currency in the $200 special limit.
FSIC 09 NCPT 10 16 N016 Page 1 of 3
UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY
SECTION I – CONDITIONS
Duties After Loss
o Item 10. was amended as follows:
A claim or “reopened claim” for loss or damage caused by any peril is barred unless
notice is provided within 2 years after the date of loss.
A “supplemental claim” is barred unless notice is provided within 3 years after the
date of loss.
Added clarification of the date of loss for claims resulting from hurricanes,
tornadoes, windstorms, severe rain, or other weather-related events as required by
Florida law.
Legal Action Against Us
o Language was added and amended outlining the requirement of the “claimant” to notify the
Florida Department of Financial Services of intent to initiate litigation, the insurer’s
responsibilities, and process by which the insurer will respond to the notice as required by
Florida law.
o As a condition precedent to filing suit, you, the “claimant”, must provide the Florida
Department of Financial Services written notice of your intent to initiate litigation. The notice
must be provided at least 10 business days prior to filing suit and must contain the
following information:
That the notice is provided pursuant to this section;
The alleged acts or omissions of the insurer giving rise to the suit, which may
include a denial of coverage;
If provided by an attorney or other representative, that a copy of the notice was
provided to the “claimant”;
If the notice is provided following a denial of coverage, an estimate of damages, if
known; and
If the notice is provided following acts or omissions by the insurer other than denial
of coverage, both of the following:
The “presuit settlement demand”, which must itemize damages, attorney
fees, and costs; and
The “disputed amount”.
o This form outlines the insurer’s duties in responding to the notice:
A response will be provided by us within 10 business days after receiving the
notice.
If responding to a notice served following a denial of coverage, we will respond by
accepting coverage, continuing to deny coverage, or asserting the right to reinspect
the damaged property.
If we respond by asserting the right to reinspect, we have 14 business days after
the response to reinspect and accept or continue to deny coverage.
HO 043 06 21 – Water Damage Exclusion Endorsement
If FSIC FL 605 05 16 – Water Damage Exclusion Endorsement was part of your policy, it has been replaced
with HO 043 06 21 – Water Damage Exclusion Endorsement. The following changes affect your coverage:
Clarified in opening paragraph that the deletion of Accidental Discharge Or Overflow Of Water Or
Steam, under SECTION I – PERILS INSURED AGAINST, applies to all forms and endorsements
applicable to the policy.
Added exclusion for constant repeated seepage regardless of source.
Clarified the exclusion applies regardless of whether any of the items in the endorsement are caused
by an act of nature or is otherwise caused.
Direct loss by theft resulting from water damage is covered.
FSIC 09 NCPT 10 16 N016 Page 2 of 3
UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY
HO 09 044 06 21 – Limited Water Damage Coverage Endorsement
If FSIC FL 604 05 16 – Limited Water Damage Coverage Endorsement was part of your policy, it has been
replaced with HO 09 044 06 21 – Limited Water Damage Coverage Endorsement. The following changes
affect your coverage:
The limit includes the cost of trenching and tear out.
The limit includes the cost for Reasonable Emergency Measures.
Added clarification that we do not cover loss to the system from which the water escaped.
The limit applies to ensuing loss to covered property by a Peril Insured Against resulting from water
damage; however, the limit will not apply when the ensuing loss to the covered property is caused
by Fire, Explosion, Collapse, or “Fungi”, Wet Or Dry Rot, Or Bacteria.
-------------------- End of Notice of Change in Policy Terms --------------------
This notice is for informational purposes only and is not intended
to replace or amend any language within your contract.
We encourage you to read your entire Policy.
Thank you for being a customer. We appreciate your business!
FSIC 09 NCPT 10 16 N016 Page 3 of 3
FAMILY SECURITY INSURANCE COMPANY
DECLARATIONS PAGE
Endorsement Effective Date:
Date Issued: 05/11/2022
Policy Number: UHF 4496474 02 09
PO Box 30763 Tampa, FL 33630-3763
POLICY NUMBER: POLICY PERIOD: REASON FOR ISSUANCE:
HO3 HOMEOWNERS
UHF 4496474 02 09 Effective Date:07/10/2022 Expiration Date:07/10/2023 Renewal
12:01 AM Standard Time at the Residence Premises
INSURED: YOUR UPC AGENT IS: 4006254
JUDY MYERS SATELLITE AGENCY NETWORK OF
JUAN R DURAN TAMPA BAY DBA SAN OF TAMPA BAY
4140 TARGEE AVE PO BOX 1438
NORTH PORT FL 34287 ST PETERSBURG FL 33731-1438
Telephone: 727-526-5707
The Residence Premises Covered by this Policy:
4140 TARGEE AVE, NORTH PORT FL 34287
Insurance is provided under the following coverages where a limit of liability and/or premium is stated, subject to all
terms and conditions of the policy.
COVERAGES: LIMIT OF LIABILITY: PREMIUM:
SECTION I – PROPERTY COVERAGE
A. Dwelling $348,000 $1,662.00
B. Other Structures $6,960 INCLUDED
C. Personal Property $87,000 -$128.00
D. Loss of Use $34,800 INCLUDED
SECTION II - LIABILITY COVERAGE
E. Personal Liability $500,000 $30.00
F. Medical Payments $5,000 $10.00
SECTION I DEDUCTIBLES
Hurricane Deductible $6,960 2%
Non-Hurricane Deductible $2,500
Sinkhole Loss Deductible EXCLUDED
TOTAL DISCOUNTS AND SURCHARGES PREMIUM (See Schedule Pg. 3) -$2,854.00 *
TOTAL ADDITIONAL COVERAGES PREMIUM (See Schedule Pg. 3) $127.00
* Included in Dwelling
ANNUAL PREMIUM $1,701.00
Managing General Agency Fee $25.00
Emergency Management Preparedness Trust Fund Fee $2.00
FL Ins Guar Assoc Assess $12.00
FL Ins Guar Assoc Assess Addl $22.00
TOTAL FEES AND ASSESSMENTS $61.00
TOTAL POLICY PREMIUM INCLUDING ADDITIONAL COVERAGES, SURCHARGES, AND FEES $1,762.00
The amount of premium change due to approved rate change is -283.00
The amount of premium due to coverage change is 4.00
___________________________________________ 05/11/2022
___________________
Countersigned by Authorized Representative Countersigned Date
FSIC 09 629 01 19 INSURED COPY Page 1 of 4
POLICY NUMBER: POLICY PERIOD: REASON FOR ISSUANCE:
UHF 4496474 02 09 Effective Date:07/10/2022 Expiration Date:07/10/2023 HO 3 HOMEOWNERS
12:01 AM Standard Time at the Residence Premises Renewal
INTEREST TYPE ADDITIONAL INTEREST/ADDITIONAL INSURED /MORTGAGEE LOAN #
MORTGAGEE RICHARD B MARCUM AND OR PEGGY A HOLCOMB
363 ARDEN WOOD DR ENGLEWOOD FL 34223
RATING INFORMATION
Building Type Singlehm Territory 461
# Family Units Distance to Coast 12.50
# of Stories 1 Rating Tier 13
Year Built 2004 Occupancy Type Primary
Construction Type Masonry Senior Retiree Disc Yes
BCEG 03 Usage Type Owner
Protection Class 01 # Months Occupied 12
Dist to Hydrant <=1000ft # Months Rented 0
Dist to Fire Station <=5miles Smoker Surcharge No
Roof Year Built 2004 Prot Dev/Fire No
Roof Material Archcomp Prot Dev/Sprinkler No
Roof Shape Hip Prot Dev/Burglar No
Roof Cover FBC Secured Community No
Roof Deck Attachment Unknown Multi-Policy Disc No
Roof-Wall Connection Unknown Terrain B
SWR No HVHZ No
Opening Protection A1 Wind Borne Debris Rg Yes
Internal Press. Des. Partencl FBC Wind Speed 120 mph
Reinf Concrete Roof No Wind Speed Design 120 mph
Superior Construct No Accredited Bldr Disc Yes
Hardiplank Discount No Constr Permit Year 2019
Flood Zone N/A Smart Home Water Dev No
BFE N/A LFE N/A
Endorsement Effective Date: Endorsement Change in Premium:
Endorsement Reason:
The portion of your premium for Hurricane Coverage is: $566.
The portion of your premium for Non-Hurricane Coverage is: $1,135.
A premium adjustment of 85% of wind premium is included to reflect the wind mitigation features of dwelling.
Adjustments range from 0% to 89% credit subject to verification that your home meets the windstorm
mitigation characteristics of the 2001 Florida Building Code.
A premium adjustment of - 8% is included to reflect the Building Code Grade for your area. Adjustments range
from 1% surcharge to 12% credit.
FSIC 09 629 01 19 INSURED COPY Page 2 of 4
POLICY NUMBER: POLICY PERIOD: REASON FOR ISSUANCE:
UHF 4496474 02 09 Effective Date:07/10/2022 Expiration Date:07/10/2023 HO 3 HOMEOWNERS
12:01 AM Standard Time at the Residence Premises Renewal
ADDITIONAL COVERAGES, DISCOUNTS, AND SURCHARGES SCHEDULE
FORM # DESCRIPTION LIMIT DEDUCTIBLE PREMIUM
FSIC 01 09 06 21 Special Provisions - Florida INCLUDED
FSIC 04 46 10 16 Inflation Guard 2% OF COV A INCLUDED
FSIC FL 105 02 19 Homeowners Insurance Outline of Coverage
FSIC FL 207 02 19 Florida Homeowner Policy Jacket
FSIC FL 430 05 16 Insurance Score Florida Policyholder Notice
FSIC FL 602 05 16 Farming and Agricultural Activities Exclusion INCLUDED
FSIC FL 603 10 16 Hurricane Coverage For Attached Aluminum Screen Enclosures, $10,000 $102.00
Carports, and Sheds
FSIC FL 643 09 16 Water Back Up and Sump Overflow $5,000 $2,500 $25.00
FSIC 09 NCPT 10 16 Notice of Change in Policy Terms
FSIC 99 902 10 16 Ordinance or Law Selection Form
HO 00 03 05 11 Homeowners 3 - Special Form INCLUDED
HO 03 34 05 13 Limited Fungi, Wet or Dry Rot, or Bacteria Section II - $50,000 INCLUDED
Liability Coverage - Florida
HO 03 55 05 13 Calendar Year Hurricane Deductible (Percentage) with INCLUDED
Supplemental Record-Keeping Requirement - Florida
HO 072 06 21 Homeowners Policy Deductible Offer
HO 23 86 05 13 Personal Property Replacement Cost Loss Settlement - Florida INCLUDED
N 003 04 19 Privacy Notice
OIR-B1-1655 02 10 Notice of Premium Discounts for Hurricane Loss Mitigation
OIR-B1-1670 02 19 Checklist of Coverages
TOC 09 10 16 Table of Contents
DISCOUNTS AND SURCHARGES
BCEG -$63.00
Non-Hurricane Deductible -$304.00
Hurricane Deductible -$759.00
# of Stories -$51.00
Roof Age $385.00
Construction Permit Age -$150.00
Senior/Retiree -$122.00
Tier $80.00
Age of Home $440.00
Wind Mitigation -$2,310.00
FSIC 09 629 01 19 INSURED COPY Page 3 of 4
POLICY NUMBER: POLICY PERIOD: REASON FOR ISSUANCE:
HO3 HOMEOWNERS
UHF 4496474 02 09 Effective Date:07/10/2022 Expiration Date:07/10/2023 Renewal
12:01 AM Standard Time at the Residence Premises
IMPORTANT NOTICES
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.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND
COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED
AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE
COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL
COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.
YOUR HURRICANE DEDUCTIBLE MAY BE HIGHER THAN
INDICATED IN THE DECLARATIONS PAGE WHEN A
HURRICANE LOSS OCCURS DUE TO THE APPLICATION OF
THE INFLATION GUARD ENDORSEMENT THROUGHOUT THE
POLICY PERIOD.
IN CASE OF A LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES
SOLELY TO PROTECT THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY
PROVISIONS (MAY NOT EXCEED THE GREATER OF $3000 OR 1% OF YOUR COVERAGE A LIMIT OF LIABILITY
UNLESS YOU CALL US FIRST AND RECEIVE OUR APPROVAL). PROMPT NOTICE OF THE LOSS MUST BE
GIVEN TO US OR YOUR INSURANCE AGENT. EXCEPT FOR REASONABLE EMERGENCY MEASURES, THERE
IS NO COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF: (A) 72 HOURS AFTER WE ARE
NOTIFIED OF THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVAL
BY US. TO REPORT A LOSS OR CLAIM CALL 1(888) 256-3378.
This replaces all previously issued policy declarations, if any. The declarations page together with all policy
provisions and any other applicable endorsements completes your policy.
FSIC 09 629 01 19 INSURED COPY Page 4 of 4
Privacy Notice
Protecting the privacy and confidentiality of information about our customers is very important to us. While
information is the cornerstone of our ability to provide superior insurance products, our most important
asset is our customers’ trust. Accordingly, we limit the collection and use of customer information to the
minimum we require in delivering superior products and services. This Privacy Notice includes examples of
the types of nonpublic personal information we collect and the kinds of companies with whom we may
share such information. You do not need to do anything in response to this notice. This notice is merely to
inform you about how we safeguard your information.
Information We Collect
We know that you expect us to conduct and process your business in a manner that is both accurate and
efficient. To do so, we gather nonpublic personal information about you, as permitted by law, that is
pertinent to the underwriting or claims investigation process, such as:
Your name, address, telephone number, social security number, age, and employer;
Prior insurance coverage, claims history, premiums, and payment history;
Information from consumer reporting agencies, public records, and data collection agencies;
Data from consumer electronic devices in relation to the underwriting or claims investigation process.
Information We May Disclose
In general, we do not disclose any nonpublic personal information about our customers or former customers
to anyone, except for information that we may be required by law to disclose. We may however, disclose
nonpublic personal information to third-parties who provide customer service or other administrative
services for your account. We may also disclose your nonpublic personal information to companies that
provide marketing services on our behalf or to other companies whom with we have joint marketing
agreements, as permitted by law.
Additionally, we may also disclose nonpublic personal information to affiliates, which may include, auditors,
attorneys, Certified Public Accountants, investment companies, underwriters, and others who perform
business or professional services to our company. We require all third-party service providers to keep your
information confidential and protected, and to maintain safeguards which comply with all applicable
regulatory standards to guard your nonpublic personal information against unauthorized disclosure.
Finally, we may disclose information in response to requests from law enforcement or other governmental
agencies or state insurance regulatory authorities. We are required by law to honor these requests.
Security of Your Information
To safeguard your nonpublic personal information, we limit access to our customers’ nonpublic personal
information to only those employees who need access to the information to perform their job functions.
Additionally, we insist that the third-parties that perform services for us limit access to your personal
information to authorized employees and agents, and maintain appropriate administrative, physical,
electronic and procedural safeguards. Additionally, these third parties are under contractual obligations of
confidentiality to us and are not permitted to use your data for any other purposes than the services they
are performing for us.
Personal Information Accessibility and Correction
If you are a resident of Connecticut, Georgia, New Jersey, or North Carolina, you have the right to access
and correct the personal information that we have collected from or about you. Please contact us and we
will make necessary changes. If the information was provided to us by a third party (such as a credit rating
agency) we will provide you with the third party's contact information. If you do not live in one of the
aforementioned states, we will always take reasonable steps to verify the accuracy of your personal
information in our records.
N 003 04 19 Page 1 of 2
Changes to this Privacy Notice
We reserve the right to modify this Privacy Notice at any time. If we make material changes, we will
provide a revised Privacy Notice. If we modify this Privacy Notice such that the use of your personally
identifiable information is different from what was stated in our Privacy Notice at the time your data was
collected, we will notify you. You will be able to opt out of any new uses of your previously disclosed
information. Your information will be used in accordance with the Privacy Notice in effect when your
information was collected.
The UPC Website
Our website also has a privacy notice, which can be found on our website via the following link.
https://www.upcinsurance.com/legal. Always be aware of the risks when transmitting nonpublic personal
information over the internet.
Our Privacy Notice applies to the following affiliates in the UPC Insurance® family of companies:
United Insurance Holdings Corp.
Family Security Holdings, LLC
AmCo Holding Company, LLC
United Property & Casualty Insurance Company
American Coastal Insurance Company
Family Security Insurance Company, Inc.
Interboro Insurance Company
Journey Insurance Company
United Insurance Management, L.C.
Skyway Reinsurance Services, LLC
Skyway Claims Services, LLC
Skyway Legal Services, LLC
Skyway Technologies, LLC
Journey Specialty Insurance Company
Journey Insurance Holdings Corp.
BlueLine Cayman Holdings
UPC Re
This Privacy Notice was last revised on April 1, 2021.
UPC Insurance appreciates the trust placed in us by our customers and will continue to work to protect the
privacy of our customers and Keep the Promise® .
N 003 04 19 Page 2 of 2
UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY
Notice of Premium Discounts for Hurricane Loss Mitigation
*** Important Information ***
About Your Personal Residential Insurance Policy
05/11/2022
Dear Homeowner,
Hurricanes have caused tens of billions of dollars in insured damages and predictions of
more catastrophic hurricanes making landfall in Florida have triggered increases in
insurance premiums to cover potential future losses. Enclosed is information regarding
wind loss mitigation that will make your home more resistant to wind and help protect
your family during a catastrophic event. In addition to reducing your hurricane wind
premium by installing mitigation features, you may also reduce the likelihood of out of
pocket expenses, such as your hurricane deductible, you may otherwise incur after a
catastrophic event.
What factors are considered in establishing my premium?
Your location: The closer a home is to the coast, the more vulnerable it is to damage
caused by hurricane winds. This makes the hurricane-wind premium higher than for
similar homes in other areas of the state.
Your policy: Your insurance policy is divided into two premiums: one for damage caused
by hurricane force winds (hurricane-wind) and one for all other damage (all perils), such
as fire.
Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10%
deductible, depending on the actual value of your home. The larger your deductible, the
lower your hurricane-wind premium. However, if you select a higher deductible your
out-of-pocket expenses in the event of a
Preview
Filing # 198262016 E-Filed 05/14/2024 12:10:53 PM IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: JUDY MYERS AND JUAN RICARDO DURAN, Plaintiffs, vs. FLORIDA INSURANCE GUARANTY ASSOCIATION, Defendant. / COMPLAINT Plaintiffs, JUDY MYERS AND JUAN RICARDO DURAN (“Plaintiffs”), by and through their undersigned counsel sue the Defendant, FLORIDA INSURANCE GUARANTY ASSOCIATION (“Defendant”), as Successor in Interest for UNITED PROPERTY & CASUALTY INSURANCE COMPANY F/K/A FAMILY SECURITY INSURANCE COMPANY, INC, and allege: JURISDICTIONAL ALLEGATIONS 1. This is an action for damages for greater than $50,000.00, exclusive of interest, costs, and attorney’s fees, and is otherwise within the jurisdictional limits of this Court. 2. At all times material hereto, Plaintiffs were and are a resident of Sarasota County, Florida, and are otherwise sui juris. 3. At all times material hereto, Defendant was and is an entity created by the State of Florida pursuant to Fla. Stat. §§ 631.50 et seq. 4. At all times material hereto, Plaintiffs owned the property located at 4140 Targee Ave, North Port, Florida 34287 (the “Property”). ILG File #: 29616 Claim #: 22FL-00181984 Case #: Filed 05/16/2024 01:03 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL 5. Jurisdiction and venue are proper in Sarasota County, Florida. GENERAL ALLEGATIONS 6. Prior to September 27, 2022, FAMILY SECURITY INSURANCE COMPANY, INC (FAMILY SECURITY) issued an insurance policy for the Property, bearing policy number UHF 4496474 02 09 (the “Policy”). A copy of the Policy is attached hereto and incorporated herein as Exhibit “A”. 7. The Policy issued was in full force and effect from July 10, 2022, through July 10, 2023. 8. The Policy included coverage for dwelling, other structures, personal property, and loss of use suffered by Plaintiffs. 9. The policy for the building and other structures portions of the Policy is an “all-risk” policy that covers all direct physical losses to the Property that are not otherwise expressly excluded. 10. On June 17, 2022, FAMILY SECURITY merged with and into UNITED PROPERTY & CASUALTY INSURANCE COMPANY (UPCIC). UPCIC was the survivor company of such a merger. See Exhibit “D.” 11. On or about September 27, 2022, Plaintiffs' Property was damaged by Hurricane Ian, a covered loss (the “Loss”). 12. The Loss caused Plaintiffs to suffer economic damage to the Property, including physical loss to dwelling, contents, and loss of use, and Plaintiffs to suffer such damages. A true and correct copy of the Estimate of Damage is attached hereto as Exhibit “B.” 13. Subsequent to the Loss, Plaintiffs filed a claim with UPCIC for the Loss. UPCIC assigned claim number 22FL-00181984 (“the Claim”) to the claim. 14. Plaintiffs gave timely notice of the Loss and resulting damage to UPCIC and/or its authorized agents, employees, or representatives. ILG File #: 29616 Claim #: 22FL-00181984 Case #: 15. UPCIC was afforded the opportunity to fully inspect the Loss, investigate the cause of the Loss, and quantify the amount of the Loss. 16. UPCIC did inspect the Loss and Property in its investigation of the Claim. 17. UPCIC afforded coverage for the Claim. 18. UPCIC determined that $58,238.00 was owed in policy benefits on the Claim (the “Partial Payment”). 19. UPCIC’s Partial Payment of the Loss is an admission that the September 27, 2022 Loss is a covered loss under the Policy. 20. Through its determination that there were damages on the Claim, UPCIC admitted liability for the Loss. 21. The amount of damages determined by UPCIC is inadequate to perform the repairs needed to fix all damages caused by the Loss and to restore Plaintiffs' Property to its pre-Loss condition. 22. UPCIC breached the Policy by failing to pay the full amount of damages sustained by Plaintiffs. 23. On February 27, 2023, UPCIC was declared insolvent and was ordered into liquidation. 24. Pursuant to the provisions of Fla. Stat. §§ 631.50 et seq., Defendant has assumed the liabilities and obligations of the Claim and the Policy. See Consent Order appointing Department of Financial Services as receiver of UPCIC for purposes of liquidation, attached hereto as Exhibit “C”. 25. Defendant has made no payments for the Loss to the Property. 26. At all times material hereto, Defendant was not immune from liability for breach of contract pertaining to insurance coverage. ILG File #: 29616 Claim #: 22FL-00181984 Case #: 27. All conditions precedent to obtaining payment of insurance benefits under the Policy have been complied with, met, or waived. COUNT I – BREACH OF CONTRACT 28. Plaintiffs adopt, reallege, restate, and incorporate by reference the allegations contained in Paragraphs 1 through 27 above as though fully set forth herein. 29. This is a cause of action for breach of contract arising out of an insurance Policy that was in effect at the time of the loss to the insured Property. 30. On or about July 10, 2022, Plaintiffs and UNITED PROPERTY & CASUALTY INSURANCE COMPANY F/K/A FAMILY SECURITY INSURANCE COMPANY, INC entered into a valid and enforceable agreement of insurance for the Property. 31. At all times material hereto, the Policy was in full force and effect. 32. Defendant has breached the Policy by refusing to provide complete coverage for the Loss that occurred during the Policy period. 33. As a direct and proximate cause of Defendant’s breach, Plaintiffs have suffered damages in the form of unpaid insurance benefits due and owing to restore the Property to its pre-loss condition. WHEREFORE, Plaintiffs demand judgment against Defendant, FLORIDA INSURANCE GUARANTY ASSOCIATION, as Successor in Interest for UNITED PROPERTY & CASUALTY INSURANCE COMPANY F/K/A FAMILY SECURITY INSURANCE COMPANY, INC, for damages together with interest, costs, and attorney’s fees, and for such further relief this court deems just and proper. DEMAND FOR JURY TRIAL Plaintiffs herein demand a trial by jury of all issues so trial. THIS COMPLAINT IS DATED AND SIGNED on May 14, 2024, and was filed by: ILG File #: 29616 Claim #: 22FL-00181984 Case #: INSURANCE LITIGATION GROUP, P.A. Attorney for Plaintiffs 1500 N.E. 162nd Street Miami, Florida 33162 Telephone: (786) 529-0090 Facsimile: (866) 239-9520 E-Mail: service@ILGPA.COM By: /s/ Gregorie Dolce GREGORIE DOLCE, ESQ. FL Bar No. 78139 YISROEL SILVERMAN, ESQ. FL Bar No. 1011445 ILG File #: 29616 Claim #: 22FL-00181984 Case #: ###EFMESES### Exhibit A UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY SATELLITE AGENCY NETWORK OF TAMPA BAY DBA SAN OF TAMPA BAY PO BOX 1438 ST PETERSBURG FL 33731-1438 JUDY MYERS JUAN R DURAN 4140 TARGEE AVE NORTH PORT FL 34287 IMPORTANT INFORMATION RELATED TO YOUR POLICY Policy No: UHF 4496474 02 To answer questions about your policy, coverage and payment obligation, your best source of information is your local insurance agent. The agent responsible for servicing your policy is: SATELLITE AGENCY NETWORK OF TAMPA BAY DBA SAN OF TAMPA BAY PO BOX 1438 ST PETERSBURG FL 33731-1438 727-526-5707 To check Policy and/or billing information 24 hours a day, use our Automated Response System: Call 1-800-295-8016 for up-to-date information concerning your policy. Please have your policy number available when making this call. To Make Payments, log onto www.upcinsurance.com/policyholders/payments or use the stub on your invoice and the envelope provided and mail to: Family Security Insurance Company PO BOX 31393 Tampa, FL 33631-3393 To Report a Claim: You may call us 24 hours a day at 1-(888) CLM DEPT/1-(888)-256-3378. Or You may report a claim to your agent at the address and phone number above. Office Hours: 8:00am to 5:00pm (Eastern Time), Monday through Friday, except Holidays Dear UPC Policyholder, UPC Insurance® is pleased to enclose your renewal policy. We urge you to review it and become familiar with the coverages and limits for which you are insured. Should you have questions or desire changes, please call your agent listed in the upper right-hand corner of your policy for assistance. Your agent will be happy to clarify any coverage or premium concerns. As you look over your renewal, we want to make you aware of UPC’s easy-to-pay installment premium plans. In the event of a loss, UPC wants to be able to respond to your policy, so it is very important that your premium payments are made on time. The renewal premium on your policy can be paid in any one of the following ways: Type of 1st Payment 2nd Payment 3rd Payment 4th Payment Installment Payment Due Due Due Due Charges One Pay 20 days prior to None Option the renewal date of the policy Semiannual 20 days prior to 180 days after $3 each Pay Option the renewal date the inception installment of the policy date of the ($6 total) renewal policy Quarterly 20 days prior to 90 days after 180 days after 270 days after $3 each Pay Option the renewal date the inception the inception the inception installment of the policy date of the date of the date of the ($12 total) renewal policy renewal policy renewal policy Eleven Pay 11 monthly installments automatically deducted from your bank $1 each Option account installment ($11 total) It is important to check your policy to see how your payment plan is set up. Call your agent if you need to change to another one of our easy payment options. You can disregard this notice if your Mortgagee collects your premium via escrow and pays your premium for you. Finally, should you have a homeowner claim this year; you should report it by calling 888-256-3378 or 727-895-7737. You can also report a loss by accessing www.upcinsurance.com/claims/ and follow the directions. We thank you for allowing UPC to provide your Florida homeowners policy. We value the trust you have placed in us and we encourage you to visit our website at www.upcinsurance.com to learn more about our company. FSIC 09 REN 02 19 WWW.UPCINSURANCE.COM Page 1 of 1 HOMEOWNERS POLICY NUMBER POLICY PERIOD From To UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY 07/10/2022 07/10/2023 PO Box 30763 UHF 4496474 02 12:01 am Standard Time Tampa, FL 33630-3763 at the property address shown below INSURED COPY Date Issued: 05/12/2022 INSURED: AGENT: 4006254 JUDY MYERS SATELLITE AGENCY NETWORK OF JUAN R DURAN TAMPA BAY DBA SAN OF TAMPA BAY 4140 TARGEE AVE PO BOX 1438 NORTH PORT FL 34287 ST PETERSBURG FL 33731-1438 Telephone: 919-306-0086 Telephone: 727-526-5707 Property Address: 4140 TARGEE AVE, NORTH PORT FL 34287 This is a Bill INST DATE TRANSACTION AMOUNT 01 05/11/2022 Renewal Premium $1,735.00 01 05/11/2022 Fee $27.00 AMOUNT DUE: $ 1,762.00 PAYMENT DUE 07/10/2022 POLICY BALANCE $ 1,762.00 IMPORTANT NOTICE: FOR COVERAGE TO CONTINUE, YOUR PAYMENT MUST REACH OUR OFFICE BY THE DUE DATE. IF PAYMENT IS NOT RECEIVED ON OR BEFORE THAT DATE, THIS POLICY WILL NOT BE IN FORCE. P R E M I U M N O T I C E - I N S U R E D Please mail payment to the address below or to make an electronic payment, log onto www.upcinsurance.com. ******DETACH HERE****** ----------------------------------------------------------------------------------- - ************DO NOT PHOTOCOPY************ Payment must be received on or before due date to avoid cancellation. For any billing questions, please call 800-295-8016. If you have questions concerning your coverage, please contact your agent listed above. A PAYMENT PLAN IS AVAILABLE - PLEASE CONTACT YOUR AGENT IF INTERESTED. POLICY NUMBER: UHF 4496474 02 EFFECTIVE DATE: 07/10/2022 AMOUNT DUE NOW $1,762.00 LOAN NUMBER: AGENT: 4006254 PLEASE REMIT PAYMENT TO: JUDY MYERS Family Security Insurance Co. JUAN R DURAN PO BOX 31393 4140 TARGEE AVE Tampa, FL 33631-3393 NORTH PORT FL 34287 FSI0009UHF44964740207102207102200001762004 UPC 113 10 16 UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY NOTICE OF CHANGE IN POLICY TERMS We are sending this Notice of Change in Policy Terms to inform you about important changes to your Policy. A brief overview of the changes is described below; however, it is important for you to read all the enclosed documents to fully understand these changes. If you have any questions or have any changes that may affect your Policy or coverage, please contact your agent at the number shown in your Declarations. We appreciate your business, and we value you as a customer. Thank you for choosing UPC Insurance ® for your insurance needs. Removal of the Flood Coverage Endorsement - HO 671 01 19 Family Security Insurance Company is no longer providing private flood coverage as an endorsement to your homeowner’s insurance policy. The removal of this coverage leaves your home unprotected from losses caused by the peril of Flood. Flood is defined as a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is your property) from: (1) Overflow of inland or tidal waters; (2) Unusual and rapid accumulation or runoff of surface waters from any source; or (3) “Mudflow”; or Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a “flood.” Please note new flood policies written through the National Flood Insurance Program (“NFIP”) are subject to a 30 day waiting period. Please contact your agent to secure flood coverage to avoid leaving your home unprotected. -------------------- End of Notice of Change in Policy Terms -------------------- This notice is for informational purposes only and is not intended to replace or amend any language within your contract. We encourage you to read your entire Policy. Thank you for being a customer. We appreciate your business! FSIC 09 NCPT 10 16 N011 Page 1 of 1 UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY NOTICE OF CHANGE IN POLICY TERMS We are sending this Notice of Change in Policy Terms to inform you about important changes to your Policy. A brief overview of the changes is described below; however, it is important for you to read all the enclosed documents to fully understand these changes. If you have any questions or have any changes that may affect your Policy or coverage, please contact your agent at the number shown in your Declarations. We appreciate your business, and we value you as a customer. Thank you for choosing UPC Insurance® for your insurance needs. Endorsements Endorsements may restrict or broaden coverage pertaining to your Homeowner’s Policy. We have introduced or amended the following endorsements that apply to your Policy: FSIC 01 09 06 21 – Special Provisions - Florida FSIC 01 09 02 19 - Special Provisions – Florida was a part of your policy. It has been replaced by FSIC 01 09 06 21 - Special Provisions – Florida. The following changes affect your coverage: DEFINITIONS We added a definition for “Reopened Claim” and defined it as: o A claim that an insurer has previously closed, but that has been reopened upon an “insured’s” request for additional costs for loss or damage previously disclosed to the insurer. We added a definition for “Supplemental Claim” and defined it as: o A claim for additional loss or damage from the same peril which the insurer has previously adjusted or for which costs have been incurred while completing repairs or replacement pursuant to an open claim for which timely notice was previously provided to the insurer. We added a definition for “Claimant” and defined it as: o An “insured” who is filing suit under a residential or commercial property insurance policy. We added a definition for “Disputed Amount” and defined it as: o The difference between the “claimant’s” “presuit settlement demand”, not including attorney fees and costs listed in the demand, and the insurer’s “presuit settlement offer”, not including attorney fees and costs, if part of the offer. We added a definition for “Presuit Settlement Demand” and defined it as: o The demand made by the “claimant” in the written notice of intent to initiate litigation as required by Florida law. The demand must include the amount of reasonable and necessary attorney fees and costs incurred by the “claimant”, to be calculated by multiplying the number of hours actually worked on the claim by the “claimant’s” attorney as of the date of the notice by a reasonable hourly rate. We added a definition for “Presuit Settlement Offer” and defined it as: o The offer made by the insurer in its written response to the notice as required by Florida law. SECTION I – PROPERTY COVERAGES Coverage C – Personal Property o Amended item a. in 3. Special Limits Of Liability to include virtual currency of any kind including, but not limited to: digital currency, crypto currency, or any other type of electronic currency in the $200 special limit. FSIC 09 NCPT 10 16 N016 Page 1 of 3 UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY SECTION I – CONDITIONS Duties After Loss o Item 10. was amended as follows: A claim or “reopened claim” for loss or damage caused by any peril is barred unless notice is provided within 2 years after the date of loss. A “supplemental claim” is barred unless notice is provided within 3 years after the date of loss. Added clarification of the date of loss for claims resulting from hurricanes, tornadoes, windstorms, severe rain, or other weather-related events as required by Florida law. Legal Action Against Us o Language was added and amended outlining the requirement of the “claimant” to notify the Florida Department of Financial Services of intent to initiate litigation, the insurer’s responsibilities, and process by which the insurer will respond to the notice as required by Florida law. o As a condition precedent to filing suit, you, the “claimant”, must provide the Florida Department of Financial Services written notice of your intent to initiate litigation. The notice must be provided at least 10 business days prior to filing suit and must contain the following information: That the notice is provided pursuant to this section; The alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage; If provided by an attorney or other representative, that a copy of the notice was provided to the “claimant”; If the notice is provided following a denial of coverage, an estimate of damages, if known; and If the notice is provided following acts or omissions by the insurer other than denial of coverage, both of the following: The “presuit settlement demand”, which must itemize damages, attorney fees, and costs; and The “disputed amount”. o This form outlines the insurer’s duties in responding to the notice: A response will be provided by us within 10 business days after receiving the notice. If responding to a notice served following a denial of coverage, we will respond by accepting coverage, continuing to deny coverage, or asserting the right to reinspect the damaged property. If we respond by asserting the right to reinspect, we have 14 business days after the response to reinspect and accept or continue to deny coverage. HO 043 06 21 – Water Damage Exclusion Endorsement If FSIC FL 605 05 16 – Water Damage Exclusion Endorsement was part of your policy, it has been replaced with HO 043 06 21 – Water Damage Exclusion Endorsement. The following changes affect your coverage: Clarified in opening paragraph that the deletion of Accidental Discharge Or Overflow Of Water Or Steam, under SECTION I – PERILS INSURED AGAINST, applies to all forms and endorsements applicable to the policy. Added exclusion for constant repeated seepage regardless of source. Clarified the exclusion applies regardless of whether any of the items in the endorsement are caused by an act of nature or is otherwise caused. Direct loss by theft resulting from water damage is covered. FSIC 09 NCPT 10 16 N016 Page 2 of 3 UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY HO 09 044 06 21 – Limited Water Damage Coverage Endorsement If FSIC FL 604 05 16 – Limited Water Damage Coverage Endorsement was part of your policy, it has been replaced with HO 09 044 06 21 – Limited Water Damage Coverage Endorsement. The following changes affect your coverage: The limit includes the cost of trenching and tear out. The limit includes the cost for Reasonable Emergency Measures. Added clarification that we do not cover loss to the system from which the water escaped. The limit applies to ensuing loss to covered property by a Peril Insured Against resulting from water damage; however, the limit will not apply when the ensuing loss to the covered property is caused by Fire, Explosion, Collapse, or “Fungi”, Wet Or Dry Rot, Or Bacteria. -------------------- End of Notice of Change in Policy Terms -------------------- This notice is for informational purposes only and is not intended to replace or amend any language within your contract. We encourage you to read your entire Policy. Thank you for being a customer. We appreciate your business! FSIC 09 NCPT 10 16 N016 Page 3 of 3 FAMILY SECURITY INSURANCE COMPANY DECLARATIONS PAGE Endorsement Effective Date: Date Issued: 05/11/2022 Policy Number: UHF 4496474 02 09 PO Box 30763 Tampa, FL 33630-3763 POLICY NUMBER: POLICY PERIOD: REASON FOR ISSUANCE: HO3 HOMEOWNERS UHF 4496474 02 09 Effective Date:07/10/2022 Expiration Date:07/10/2023 Renewal 12:01 AM Standard Time at the Residence Premises INSURED: YOUR UPC AGENT IS: 4006254 JUDY MYERS SATELLITE AGENCY NETWORK OF JUAN R DURAN TAMPA BAY DBA SAN OF TAMPA BAY 4140 TARGEE AVE PO BOX 1438 NORTH PORT FL 34287 ST PETERSBURG FL 33731-1438 Telephone: 727-526-5707 The Residence Premises Covered by this Policy: 4140 TARGEE AVE, NORTH PORT FL 34287 Insurance is provided under the following coverages where a limit of liability and/or premium is stated, subject to all terms and conditions of the policy. COVERAGES: LIMIT OF LIABILITY: PREMIUM: SECTION I – PROPERTY COVERAGE A. Dwelling $348,000 $1,662.00 B. Other Structures $6,960 INCLUDED C. Personal Property $87,000 -$128.00 D. Loss of Use $34,800 INCLUDED SECTION II - LIABILITY COVERAGE E. Personal Liability $500,000 $30.00 F. Medical Payments $5,000 $10.00 SECTION I DEDUCTIBLES Hurricane Deductible $6,960 2% Non-Hurricane Deductible $2,500 Sinkhole Loss Deductible EXCLUDED TOTAL DISCOUNTS AND SURCHARGES PREMIUM (See Schedule Pg. 3) -$2,854.00 * TOTAL ADDITIONAL COVERAGES PREMIUM (See Schedule Pg. 3) $127.00 * Included in Dwelling ANNUAL PREMIUM $1,701.00 Managing General Agency Fee $25.00 Emergency Management Preparedness Trust Fund Fee $2.00 FL Ins Guar Assoc Assess $12.00 FL Ins Guar Assoc Assess Addl $22.00 TOTAL FEES AND ASSESSMENTS $61.00 TOTAL POLICY PREMIUM INCLUDING ADDITIONAL COVERAGES, SURCHARGES, AND FEES $1,762.00 The amount of premium change due to approved rate change is -283.00 The amount of premium due to coverage change is 4.00 ___________________________________________ 05/11/2022 ___________________ Countersigned by Authorized Representative Countersigned Date FSIC 09 629 01 19 INSURED COPY Page 1 of 4 POLICY NUMBER: POLICY PERIOD: REASON FOR ISSUANCE: UHF 4496474 02 09 Effective Date:07/10/2022 Expiration Date:07/10/2023 HO 3 HOMEOWNERS 12:01 AM Standard Time at the Residence Premises Renewal INTEREST TYPE ADDITIONAL INTEREST/ADDITIONAL INSURED /MORTGAGEE LOAN # MORTGAGEE RICHARD B MARCUM AND OR PEGGY A HOLCOMB 363 ARDEN WOOD DR ENGLEWOOD FL 34223 RATING INFORMATION Building Type Singlehm Territory 461 # Family Units Distance to Coast 12.50 # of Stories 1 Rating Tier 13 Year Built 2004 Occupancy Type Primary Construction Type Masonry Senior Retiree Disc Yes BCEG 03 Usage Type Owner Protection Class 01 # Months Occupied 12 Dist to Hydrant <=1000ft # Months Rented 0 Dist to Fire Station <=5miles Smoker Surcharge No Roof Year Built 2004 Prot Dev/Fire No Roof Material Archcomp Prot Dev/Sprinkler No Roof Shape Hip Prot Dev/Burglar No Roof Cover FBC Secured Community No Roof Deck Attachment Unknown Multi-Policy Disc No Roof-Wall Connection Unknown Terrain B SWR No HVHZ No Opening Protection A1 Wind Borne Debris Rg Yes Internal Press. Des. Partencl FBC Wind Speed 120 mph Reinf Concrete Roof No Wind Speed Design 120 mph Superior Construct No Accredited Bldr Disc Yes Hardiplank Discount No Constr Permit Year 2019 Flood Zone N/A Smart Home Water Dev No BFE N/A LFE N/A Endorsement Effective Date: Endorsement Change in Premium: Endorsement Reason: The portion of your premium for Hurricane Coverage is: $566. The portion of your premium for Non-Hurricane Coverage is: $1,135. A premium adjustment of 85% of wind premium is included to reflect the wind mitigation features of dwelling. Adjustments range from 0% to 89% credit subject to verification that your home meets the windstorm mitigation characteristics of the 2001 Florida Building Code. A premium adjustment of - 8% is included to reflect the Building Code Grade for your area. Adjustments range from 1% surcharge to 12% credit. FSIC 09 629 01 19 INSURED COPY Page 2 of 4 POLICY NUMBER: POLICY PERIOD: REASON FOR ISSUANCE: UHF 4496474 02 09 Effective Date:07/10/2022 Expiration Date:07/10/2023 HO 3 HOMEOWNERS 12:01 AM Standard Time at the Residence Premises Renewal ADDITIONAL COVERAGES, DISCOUNTS, AND SURCHARGES SCHEDULE FORM # DESCRIPTION LIMIT DEDUCTIBLE PREMIUM FSIC 01 09 06 21 Special Provisions - Florida INCLUDED FSIC 04 46 10 16 Inflation Guard 2% OF COV A INCLUDED FSIC FL 105 02 19 Homeowners Insurance Outline of Coverage FSIC FL 207 02 19 Florida Homeowner Policy Jacket FSIC FL 430 05 16 Insurance Score Florida Policyholder Notice FSIC FL 602 05 16 Farming and Agricultural Activities Exclusion INCLUDED FSIC FL 603 10 16 Hurricane Coverage For Attached Aluminum Screen Enclosures, $10,000 $102.00 Carports, and Sheds FSIC FL 643 09 16 Water Back Up and Sump Overflow $5,000 $2,500 $25.00 FSIC 09 NCPT 10 16 Notice of Change in Policy Terms FSIC 99 902 10 16 Ordinance or Law Selection Form HO 00 03 05 11 Homeowners 3 - Special Form INCLUDED HO 03 34 05 13 Limited Fungi, Wet or Dry Rot, or Bacteria Section II - $50,000 INCLUDED Liability Coverage - Florida HO 03 55 05 13 Calendar Year Hurricane Deductible (Percentage) with INCLUDED Supplemental Record-Keeping Requirement - Florida HO 072 06 21 Homeowners Policy Deductible Offer HO 23 86 05 13 Personal Property Replacement Cost Loss Settlement - Florida INCLUDED N 003 04 19 Privacy Notice OIR-B1-1655 02 10 Notice of Premium Discounts for Hurricane Loss Mitigation OIR-B1-1670 02 19 Checklist of Coverages TOC 09 10 16 Table of Contents DISCOUNTS AND SURCHARGES BCEG -$63.00 Non-Hurricane Deductible -$304.00 Hurricane Deductible -$759.00 # of Stories -$51.00 Roof Age $385.00 Construction Permit Age -$150.00 Senior/Retiree -$122.00 Tier $80.00 Age of Home $440.00 Wind Mitigation -$2,310.00 FSIC 09 629 01 19 INSURED COPY Page 3 of 4 POLICY NUMBER: POLICY PERIOD: REASON FOR ISSUANCE: HO3 HOMEOWNERS UHF 4496474 02 09 Effective Date:07/10/2022 Expiration Date:07/10/2023 Renewal 12:01 AM Standard Time at the Residence Premises IMPORTANT NOTICES 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. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. YOUR HURRICANE DEDUCTIBLE MAY BE HIGHER THAN INDICATED IN THE DECLARATIONS PAGE WHEN A HURRICANE LOSS OCCURS DUE TO THE APPLICATION OF THE INFLATION GUARD ENDORSEMENT THROUGHOUT THE POLICY PERIOD. IN CASE OF A LOSS TO COVERED PROPERTY, YOU MUST TAKE REASONABLE EMERGENCY MEASURES SOLELY TO PROTECT THE PROPERTY FROM FURTHER DAMAGE IN ACCORDANCE WITH THE POLICY PROVISIONS (MAY NOT EXCEED THE GREATER OF $3000 OR 1% OF YOUR COVERAGE A LIMIT OF LIABILITY UNLESS YOU CALL US FIRST AND RECEIVE OUR APPROVAL). PROMPT NOTICE OF THE LOSS MUST BE GIVEN TO US OR YOUR INSURANCE AGENT. EXCEPT FOR REASONABLE EMERGENCY MEASURES, THERE IS NO COVERAGE FOR REPAIRS THAT BEGIN BEFORE THE EARLIER OF: (A) 72 HOURS AFTER WE ARE NOTIFIED OF THE LOSS, (B) THE TIME OF LOSS INSPECTION BY US, OR (C) THE TIME OF OTHER APPROVAL BY US. TO REPORT A LOSS OR CLAIM CALL 1(888) 256-3378. This replaces all previously issued policy declarations, if any. The declarations page together with all policy provisions and any other applicable endorsements completes your policy. FSIC 09 629 01 19 INSURED COPY Page 4 of 4 Privacy Notice Protecting the privacy and confidentiality of information about our customers is very important to us. While information is the cornerstone of our ability to provide superior insurance products, our most important asset is our customers’ trust. Accordingly, we limit the collection and use of customer information to the minimum we require in delivering superior products and services. This Privacy Notice includes examples of the types of nonpublic personal information we collect and the kinds of companies with whom we may share such information. You do not need to do anything in response to this notice. This notice is merely to inform you about how we safeguard your information. Information We Collect We know that you expect us to conduct and process your business in a manner that is both accurate and efficient. To do so, we gather nonpublic personal information about you, as permitted by law, that is pertinent to the underwriting or claims investigation process, such as: Your name, address, telephone number, social security number, age, and employer; Prior insurance coverage, claims history, premiums, and payment history; Information from consumer reporting agencies, public records, and data collection agencies; Data from consumer electronic devices in relation to the underwriting or claims investigation process. Information We May Disclose In general, we do not disclose any nonpublic personal information about our customers or former customers to anyone, except for information that we may be required by law to disclose. We may however, disclose nonpublic personal information to third-parties who provide customer service or other administrative services for your account. We may also disclose your nonpublic personal information to companies that provide marketing services on our behalf or to other companies whom with we have joint marketing agreements, as permitted by law. Additionally, we may also disclose nonpublic personal information to affiliates, which may include, auditors, attorneys, Certified Public Accountants, investment companies, underwriters, and others who perform business or professional services to our company. We require all third-party service providers to keep your information confidential and protected, and to maintain safeguards which comply with all applicable regulatory standards to guard your nonpublic personal information against unauthorized disclosure. Finally, we may disclose information in response to requests from law enforcement or other governmental agencies or state insurance regulatory authorities. We are required by law to honor these requests. Security of Your Information To safeguard your nonpublic personal information, we limit access to our customers’ nonpublic personal information to only those employees who need access to the information to perform their job functions. Additionally, we insist that the third-parties that perform services for us limit access to your personal information to authorized employees and agents, and maintain appropriate administrative, physical, electronic and procedural safeguards. Additionally, these third parties are under contractual obligations of confidentiality to us and are not permitted to use your data for any other purposes than the services they are performing for us. Personal Information Accessibility and Correction If you are a resident of Connecticut, Georgia, New Jersey, or North Carolina, you have the right to access and correct the personal information that we have collected from or about you. Please contact us and we will make necessary changes. If the information was provided to us by a third party (such as a credit rating agency) we will provide you with the third party's contact information. If you do not live in one of the aforementioned states, we will always take reasonable steps to verify the accuracy of your personal information in our records. N 003 04 19 Page 1 of 2 Changes to this Privacy Notice We reserve the right to modify this Privacy Notice at any time. If we make material changes, we will provide a revised Privacy Notice. If we modify this Privacy Notice such that the use of your personally identifiable information is different from what was stated in our Privacy Notice at the time your data was collected, we will notify you. You will be able to opt out of any new uses of your previously disclosed information. Your information will be used in accordance with the Privacy Notice in effect when your information was collected. The UPC Website Our website also has a privacy notice, which can be found on our website via the following link. https://www.upcinsurance.com/legal. Always be aware of the risks when transmitting nonpublic personal information over the internet. Our Privacy Notice applies to the following affiliates in the UPC Insurance® family of companies: United Insurance Holdings Corp. Family Security Holdings, LLC AmCo Holding Company, LLC United Property & Casualty Insurance Company American Coastal Insurance Company Family Security Insurance Company, Inc. Interboro Insurance Company Journey Insurance Company United Insurance Management, L.C. Skyway Reinsurance Services, LLC Skyway Claims Services, LLC Skyway Legal Services, LLC Skyway Technologies, LLC Journey Specialty Insurance Company Journey Insurance Holdings Corp. BlueLine Cayman Holdings UPC Re This Privacy Notice was last revised on April 1, 2021. UPC Insurance appreciates the trust placed in us by our customers and will continue to work to protect the privacy of our customers and Keep the Promise® . N 003 04 19 Page 2 of 2 UNDERWRITTEN BY FAMILY SECURITY INSURANCE COMPANY Notice of Premium Discounts for Hurricane Loss Mitigation *** Important Information *** About Your Personal Residential Insurance Policy 05/11/2022 Dear Homeowner, Hurricanes have caused tens of billions of dollars in insured damages and predictions of more catastrophic hurricanes making landfall in Florida have triggered increases in insurance premiums to cover potential future losses. Enclosed is information regarding wind loss mitigation that will make your home more resistant to wind and help protect your family during a catastrophic event. In addition to reducing your hurricane wind premium by installing mitigation features, you may also reduce the likelihood of out of pocket expenses, such as your hurricane deductible, you may otherwise incur after a catastrophic event. What factors are considered in establishing my premium? Your location: The closer a home is to the coast, the more vulnerable it is to damage caused by hurricane winds. This makes the hurricane-wind premium higher than for similar homes in other areas of the state. Your policy: Your insurance policy is divided into two premiums: one for damage caused by hurricane force winds (hurricane-wind) and one for all other damage (all perils), such as fire. Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10% deductible, depending on the actual value of your home. The larger your deductible, the lower your hurricane-wind premium. However, if you select a higher deductible your out-of-pocket expenses in the event of a