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2024-8C - 3983
IN THE COUNTY COURT IN AND FOR
VOLUSIA COUNTY, FLORIDA
HEATHROW CHIROPRACTIC INC. Case No.: 2023 12835 CODL
A/A/O ELI CHISHOLM,
2
3 oR
Plaintiff, a
aD
VS. zs
2>
UNITED SERVICES AUTOMOBILE
ASSOCIATION, i>
ac
+0
Defendant. ox<
32
2S
AGREED ORDER
THIS CAUSE having come before the Court on DEFENDANT’S MOTION TO DISMISS FOR LACK
OF VENUE, OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE FOR FAILURE TO
COMPLY _ WITH MANDATORY _FORUM_SELECTION CLAUSE WITH INCORPORATED
MEMORANDUM OF LAW AND/OR FOR CHANGE OF VENUE FOR FORUM NON-CONVENIEN:
and the Court having been advised of agreement by counsel, it is hereapon ORDERED AND ADJUDGED that said
motion be, and the same is hereby:
GRANTED. This matter shall be transferred to the County Court In And For Seminole -
County, Florida. Defendant shall pay the transfer costs.
DONE AND ORDERED in Chambers at DeLand, Volusia County, Florida.
e-Signed 5/15/2024 3:28 PM 2023 12835 CODL
ANGELA A. DEMPSEY
COUNTY JUDGE
Copies furnished to:
Bartlett W. Lewis, Esq. Gregory Tayon, Esq.
7380 Sand Lake Road, Suite 500 Kimberly Simoes, PA
Orlando, FL 32819 P.O. Box 621867
05/15/2024 03:28:17 PM Clerk of the Circuit Court, Volusia County, Florida
+
pleadings@roiglawyers.com Orlando, FL 32862
courtfile@kimberlysimoespa.com
Ze COURS STATE OF FLORIDA, VOLUSIA COUNTY
THEREBY CERTIFY the foregoing is a true copy
Sin CF ie
10} 10) KITA SPORTAGE 4D 5000 KNDKGCA35A7713693 P
The Vehicle(s) described herein is principally garaged at the above address unless otherwise stated. F Wic=WordSchoo|, B=Business, F=Fam:P=Pleasure
VEH 08 LAKE MARY FL 32746-2646 VEH 10 LAKE MARY FL 32746-2646
VEH 09 LAKE MARY FL 32746-2646
ThisS Bey pe
provide les ONLY those coverages where a premium is shown below. The limits show
by policy
a pro t combined regardless o the number
Veticles for which a premium is listed unless spécifically authorized elsewhere in this policy.
oF
VEH VEH VEH VEH
COVE! LIMITS OF LIABILITY 08 6-MONTH 09 6-MONTH ]10 6-MONTH
taeye MEANS ACTUAL CASH VALUE) D=DED PREMIUM D=DED PREMIUM D=DED | PREMIUM D=DED | PREMIUM
IAMOUNT| $ MOUNT| S$ 1A MOUNT] $ AMOUNT} $
PART A - LIABILITY
BODILY INJURY EA PER $ 100,00
EA ACC $ 300,00
PROPERTY DAMAGE EA ACC $ 100,00q
PART B - MEDICAL PAYMENTS
EA PER $ 2,000
PART B - PERSONAL INJURY PROTECTION
MAXIMUM BENEFITS $10,000
WORK LOSS N/A FOR NAMED INSD
AND RESIDENT RELATIVES
PART C - UNINSURED MOTORISTS
STACKED
BODILY INJURY EA PER $ 100,00q
EA ACC $ 300,009
PART D - PHYSICAL DAMAGE COVERAGE
COMPREHENSIVE LOSS ACV LESS ID 50 500] 500
COLLISION LOSS ACV LESS ID 50 500] 500
RENTAL REIMBURSEMENT
LARGE SUV CLASS
STANDARD CLASS
MULTIPASSENGER/TRUCK CLASS
TOTAL PREMIUM - SEE FOLLOWING PAGE(S)
IENDORSEMENTS: ADDED 04-10-22 - NONE
REMAIN IN EFFECT(REFER TO PREVIOUS POLICY) A402FL (03) RSGPFL (01) 5100FL(02)
A200FL ( )
INFORMATION FORMS 88356 ( ) 999FL ( )
\J3. 1
Jos] RMF43poobo] [| [ibs] RsFispoopo]] TT] Lo] Rums4poopo] [ [II]Fi | L] LT]
In WITNESS WHEREOF, the Subscribers at UNITED SERVICES OMOBILI CIATION have caused these presents to be signed by
\!
their Attorney-in-Fact on this date PRIL 10 2022
COUNTERSIGNED BY James Syrin
vo 1S President, USAA Reciprocal Attorney-in-Fact, Inc.
5000 U 07-11
oso 116 9cbbb7e20a
at.
MINA LPIS Games DS,
UNITED SERVICES AUTOMOBILE ASSOCIATION
(ARECIPROCAL INTERINSURANCE EXCHANGE) State]}O8 09 ,10 , Veh POLICY NUMBER
USAA® 9800 Fredericksburg Road - San Antonio, Texas 78288 FL B96 963 96] | Ter 01585 23 67U_ 7103 0
FLORIDA AUTO POLICY POLICY PERIOD: 12:01 A.M. standard time)
AMENDED DECLARATIONS EFFECTIVE APR 10 2022 TO AUG 21 2022
(ATTACH TO PREVIOUS POLICY)
Named Insured and Address
DENISE MICHELLE CHISHOLM
LAKE MARY FL 32746-2646
Description of Vehicle(s) VEH USE"
VEH|YEAR, TRADE NAME MODEL BODY TYPE ANNUAL IDENTIFICATION NUMBER SYM
MILEAGE
08] 12) FORD E-350 VAN 5000 1FBNE3BLXCDA77606 P
09) 14) VOLKS JETTA 4D B/S] 4D 5000 3VWLIK7AJ4EM442585 P
10} 10) KITA SPORTAGE 4D 5000 KNDKGCA35A7713693 P
the Vehide(s) described herein is principally garaged at the above address unless otherwise stated. | wic-WorSchoo! Fa P=Pleasure
8 LAI Y FL 32746-2 0 LAKE MARY FL 32746-2646
EH 09 LAKE MARY FL 32746- bee
ThisS porcy, provides ONLY those. coverage: where a premium is shown below. The limits shown
duced by policy provisions an ma not be combined regardless of the number of
Veticles for which a premium is listed unless Specifically authorized elsewhere in this policy.
COVERAGES LIMITS OF LIABILITY an 6-MONTH oe 6-MONTH 10" 6-MONTH
Jan
("ACV" MEANS ACTUAL CASH VALUE) D=DED PREMILNG D=DED Pray D=DED PREMIUM D=DED PREMIUM
AMOUNT AMOUNT] AMOUNT] AMOUNT]
PART D PHYSICAL DAMAGE COVERAGE
TOWING AND LABOR
(VEHICLE TOTAL PREMIUM
jp----------------------@ -@ --- ADJUSTMEN -------------- |e - - -|----
ICHANGE IN OPERATOR STATUS OP 02 ADDED |VEH 10
[CHANGE IN ANNUAL MILEAGE VEH 08 09
REVISED 6 MONTH PREMIUM Ss IONTH INCREASE $ 605.53
PREMIUM DUE AT INCEPTION. THIS I§ NOT JA BILL,| STATEMENT TiO FOULOW
Pe RMFs3poopo ||| [i:P3] RSF1spoopo]] TTT] fo] RMM54poopo] [ [TT]FF | L] LT]
In WITNESS WHEREOF, the Subscribers at UNITED SERVICES OMOBILE A‘ CIATION have caused these presents to be signed by
their Attorney-in-Fact on this date APRIL 10 2022
COUNTERSIGNED BY, James Syrin
vo 1S President, USAA Reciprocal Attorney-in-Fact, Inc.
MINA LPIS
Gromer
DD Segre,
5000 U 07-11
080t i Yocbbb7e20a
PAGE 6
USAA 01585 23 67 7103
SUPPLEMENTAL INFORMATION
USAA® EFFECTIVE APR 10 2022 TO AUG 21 2022
The following approximate premium discounts or credits have already been applied to reduce your policy
premium costs.
NOTE: Age or senior citizen status, if allowed by your state/location, was taken into consideration when
your rates were set and your premiums have already been adjusted.
VEHICLE 08
ANNUAL MILEAGE DISCOUNT -§
ANTI-LOCK BRAKE DISCOUNT -§
AUTOMATIC PAYMENT PLAN DISCOUNT -§
DAYTIME RUNNING LIGHTS DISCOUNT -§
MULTI-CAR DISCOUNT -§
PASSIVE RESTRAINT DISCOUNT -§
PREMIER DRIVER LEVEL -§
VEHICLE 09
ANNUAL MILEAGE DISCOUNT -§
ANTI-LOCK BRAKE DISCOUNT -§
ANTI-THEFT DISCOUNT -§
AUTOMATIC PAYMENT PLAN DISCOUNT -§
DAYTIME RUNNING LIGHTS DISCOUNT -§
DRIVER TRAINING DISCOUNT -§
OPERATOR 03
GOOD STUDENT DISCOUNT -§
OPERATOR 03
MULTI-CAR DISCOUNT -§
PASSIVE RESTRAINT DISCOUNT -§
PREMIER DRIVER LEVEL -$
VEHICLE 10
ANNUAL MILEAGE DISCOUNT -$
ANTI-LOCK BRAKE DISCOUNT -$
ANTI-THEFT DISCOUNT -$
AUTOMATIC PAYMENT PLAN DISCOUNT -$
MULTI-CAR DISCOUNT -$
PASSIVE RESTRAINT DISCOUNT -$
PREMIER DRIVER LEVEL -$
SUPDECCW Rev. 7-95 APRIL 10, 2022
0901119cbbb7e20a
PAGE 7
USAA 01585 23 67 7103
9800 Fredericksburg Road
San Antonio, Texas 78288
USAA®
ACCIDENT REPORT FORM
The accident report form is a useful tool to assist you in the event you have an accident, loss, you are
injured, your vehicle is disabled or you need a rental car.
Please place a copy of this form in each of your vehicles as a reference tool to help you remember
information necessary in processing your claim.
In the event of an accident, there are several things to remember:
4 Move to a safe location if you or your car is creating a safety hazard or if you're concerned
with your safety.
o Do not leave the scene of the accident until you have exchanged contact information with the
others involved.
o Call the police and follow their instructions.
. Call 911 if there are any injuries
. In minor accidents, the police may instruct you to exchange information and then contact your
insurance company
o Do not discuss who is at fault with other parties.
4 Do not disclose your policy details. You should only share your drivers license number, that
you're insured with USAA, provide your member and USAA's phone number.
o Collect as much information as you can about the other drivers using the form below.
By contacting USAA at usaa.com or by phone at 1-800-531-8722 (USAA) you can:
4 Report your claim.
4 Request a tow from the scene of the accident. If your vehicle has already been moved for
storage or safety, we can assist you in having your vehicle towed from the storage location.
4 Reserve a rental vehicle.
+ Arrange your repairs. You have the right to select the repair shop of your choice. If you are
uncertain where to have your damaged vehicle repaired, USAA can assist you in selecting a
repairer in the USAA’s STARS’ auto repair network convenient to your business or home.
If you select the STARS option, repairs will be warranted for as long as you own the vehicle.
If you are not injured and can exchange information with the other driver(s), we ask that you attempt
to collect the following information to assist in expediting your claim. (Use the other side of this form
for more room if necessary.)
LOSS INFORMATION
Date of Accident: Street/Location:
Time of Accident. City and State:
Police/Sheriff Dept. Report #:
OTHER VEHICLES AND PARTIES
Name of Driver: Name of Driver:
Address, City, St: Address, City, St
Drivers License Numbec________ State. Drivers License Number: State.
Phone Number: Insurance Co. Phone Number: Insurance Co..
Policy Number: Policy Number:
Vehicle License Number: State: Vehicle License Number: State:
Year of Vehicle: Make Model Year of Vehicle: Make Model
Passengers (y/n): ___How Many-__Injuries (y/n)_] Passengers (y/n): ___How Many:__ Injuries (y/n)__]
Passenger Names. Passenger Names.
Witnesses. Witnesses.
1 STARS facilities are part of USAA's repair network program and warrant repairs for as long as you
own your vehicle. Regardless of where you have your vehicle towed after an accident, you are entitled
to have your vehicle repaired at the shop of your choice.
88356-0608 Page 1 of 2
0901119cbbb7e20a
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USAA 01585 23 67 7103
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88356-0608 Page 2 of 2
0901119cbbb7e20a
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USAA 01585 23 67 7103
Florida Uninsured Motorists Coverage
Rejection/Selection Form and Annual Option Notice
YOU ARE ELECTING NOT TO PURCHASE CERTAIN VALUABLE COVERAGE WHICH
PROTECTS YOU AND YOUR FAMILY OR YOU ARE PURCHASING UNINSURED MOTORIST
LIMITS LESS THAN YOUR BODILY INJURY LIABILITY LIMITS WHEN YOU SIGN THIS FORM.
PLEASE READ CAREFULLY.
Below, you will find a brief explanation of Uninsured Motorists (UM) Coverage. Please remember that
this explanation is only an overview, and it does not replace or supplement any of the provisions of
your policy. Please see your policy for details because the policy controls all issues of coverage.
The decisions you make regarding the amount of coverage will affect your insurance premium. If you
have questions, please call Policy Service at 1-800-531—USAA (8722). You may complete this
form online on usaa.com.
WHAT IS UM COVERAGE?
. Protects you, your family and any other legally entitled person due to injuries arising from a
motor vehicle accident caused by an uninsured or hit-and-run motorist who is at—fault.
. Pays if you, your family and any other person occupying your covered auto is injured by an
at-fault motorist whose Bodily Injury (Bl) Liability limits are less than the amount of damages
you are legally entitled to recover from the at—fault motorist. The at-fault motorist's policy
pays its Bl Liability limits first, then your UM Coverage pays the lesser of:
. any remaining loss, or
. your UM Coverage limits.
HOW IS UM COVERAGE ISSUED?
. A new policy must be issued with UM Coverage limits equal to your BI Liability limits unless you
reject UM Coverage or select lower UM Coverage limits by completing, signing, and returning
the Rejection/Selection Form by mail or on usaa.com.
. UM Coverage limits cannot exceed the BI Liability limits on the policy.
RENEWAL/EXISTING POLICIES:
. If you have previously purchased or rejected UM Coverage, your current policy declaration
page reflects that choice.
Your rejection of UM Coverage or selection of lower UM Coverage limits will remain in effect
on this policy and on future renewals which are issued at the same bodily injury limits until you
request otherwise in writing.
If you change your BI Liability limits, your UM Coverage limits will equal your revised Bl Liability
limits unless you complete a new rejection/selection form.
STACKED UM COVERAGE:
. "Stacked" UM Coverage means the maximum limit of liability for any one accident is the UM
Coverage limit on the Declarations Page multiplied by the number of vehicles insured for UM
Coverage on your policy. For example, if you purchase UM limits of $100,000 per person and
$300,000 per accident on two vehicles, you would have total UM Coverage of $200,000 per
person and $600,000 per accident ($100,000/300,000 x 2).
The amount of UM coverage available would automatically change during the policy term if you
increase or decrease the number of vehicles insured for UM under the policy.
YOUR POLICY WILL BE ISSUED WITH THE STACKED FORM OF UM UNLESS YOU SELECT
NON-STACKED UM ON THIS FORM. NON-STACKED UM IS EXPLAINED BELOW. YOUR
PREMIUMS ARE HIGHER BASED UPON "STACKED" LIMITS.
60874-0715
999FL(03) Rev. 02-15 Page 1 of 4
PS 015852367 .999FL.07103
0901119cbbb7e20a
PAGE 10
USAA 01585 23 67 7103
NON-STACKED UM COVERAGE:
You have the option to purchase a non-stacked (limited) form of UM Coverage. Under this type of
coverage, if injury occurs in a vehicle owned or leased by you or any family member who resides
with you, you will only be entitled to the amount of UM Coverage purchased for that vehicle. If an
injury occurs while occupying someone else's vehicle, or you are struck as a pedestrian, you are
entitled to select the highest limit of UM Coverage available on any one vehicle for which you are a
named insured, insured family member, or insured resident of the named insured’s household. This
policy will not apply if you select the coverage available under any other policy issued to you or to
any other family member who resides with you.
999FL(03) Rev. 02-15 Page 2 of 4
PS 015852367 .999FL.07103
0901119cbbb7e20a
PAGE 11
USAA 01585 23 67 7103
If you do not wish to make any changes to your current policy, no action is required. TO
MAKE CHANGES TO YOUR POLICY, PLEASE COMPLETE THIS FORM, SIGN, AND RETURN IT TO US. The
premiums below reflect the total premium for this coverage for all vehicles insured on this Policy.
UNINSURED MOTORISTS (UM) COVERAGE
Semi-annual premium per policy
Limits
Stacked Per person / per accident Non-Stacked
Premium Premium
251 10 10,000 20,000 99 14
324 54 15,000 30,000 131 12
370 72 20,000 40,000 158 83
406 26 25,000 50,000 186 56
501 02 50,000 100,000 287 82
578 o1 100,000 200,000 374 16
589 85 100,000 300,000 386 96
718 96 300,000 500,000 485 03
763 96 500,000 500,000 543 66
768 70 500,000 $1,000,000 547 91
788 84 $ 1,000,000 $1,000,000 567 11
Rejection/Selection
To make a change to your current policy, you must check one of the following boxes:
C1 | reject both STACKED and NON-STACKED UM Coverage entirely.
C1 | want the NON-STACKED form of UM Coverage at limits equal to my BI Liability limits.
[J | want the STACKED form of UM Coverage at limits of § per person,
$ per accident, which are lower than my BI Liability limits.
0 | want the NON-STACKED form of UM Coverage at limits of §. per person,
8 per accident, which are lower than my BI Liability limits.
1 | want the STACKED form of UM Coverage at limits equal to my BI Liability limits. Please disregard the
bold statement on page 1 if this selection is made.
DO NOT SIGN UNTIL YOU READ THIS FORM COMPLETELY
USAA Number Signature of Named Insured
Home phone Alternative phone Date
Please complete this form and fax it to 1-800-531-8877 or mail it to USAA, 9800 Fredericksburg
Road, San Antonio, Texas 78288; or complete this form on usaa.com.
If this form is sent by facsimile machine (fax), the sender adopts the document USAA receives as a
duplicate original and adopts the signature the receiving fax machine produces as the sender's original
signature.
999FL(03) Rev. 02-15 Page 3 of 4
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0901119cbbb7e20a
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999FL(03) Rev. 02-15 Page 4 of 4
PS 015852367 .999FL.07103
0901119cbbb7e20a
AMENDATORY ENDORSEMENT
The coverage provided by this Endorsement is subject to all the provisions of the policy and
amendments except as they are modified as follows.
PART D - PHYSICAL DAMAGE COVERAGE
DEFINITIONS 1 has a facility located within ten miles of
the repair location requested by you; or
F. “Repair.” is replaced in its entirety by the
following: is willing to provide a mobile repair to
your covered auto at the repair
F. “Repair.” location requested by you; or
1 “Repair” means restoring the damaged if 1. or 2. do not apply, then the amount
property to its pre-loss operational we approve and notify you of when
safety, function and appearance. This you report the loss to us.
may include the replacement of
component parts. As it relates to The following DEFINITIONS are added.
windshield damage, repair includes but
is not limited to the replacement of the H. “Windshield network provider” means
entire windshield and all related any person or entity providing windshield
components. repair who is part of the USAA Auto Glass
Network on the date the loss is reported
Repair does not require: by you to us.
a Areturn to the pre-loss market “Your covered Auto” as used in this part
value of the property; includes:
b. Restoration, alteration or 1 Custom equipment up to a maximum
replacement of undamaged of $5,000 in or on your covered auto.
property, unless such is needed for
operational safety of the vehicle: or
A nonowned vehicle. If there is a loss
to a nonowned vehicle, we will
Rekeying of locks following theft or
provide the broadest coverage shown
misplacement of keys.
on the Declarations.
G. "Your covered auto” is deleted in its INSURING AGREEMENT
entirety and replaced by the following:
Paragraph A. is replaced in its entirety by the
“Windshield estimate” means the amount following:
you are notified of, either verbally or in
writing, when you report the loss to us, A Comprehensive Coverage (excluding
that we calculate for repair of the collision),
windshield to your covered auto as
reflected in the USAA Auto Glass Network 1 Physical damage. We will pay for loss
Agreement by any windshield network caused by other than collision to your
provider who, on the date the loss is covered auto, including its equipment,
reported by you to us: and personal property
CATALOG-NUMBER
FORM-NUMBER 128428-1220_01
A402FL(03) 12-20 Page 1 of 4
0901119cbbb7e20a
contained in your covered auto, minus b. The loss is covered under
any applicable deductible shown on the Comprehensive Coverage or caused
Declarations. However, we will pay for by collision, and the cause of loss
the cost to repair the damaged is not otherwise excluded under Part
windshield on your covered auto D of this policy
without a deductible.
2. We will reimburse you only for that
Transportation expenses. We will also period of time reasonably required to
pay: repair or replace your covered auto. If
we determine your covered auto is a
a. The reasonable amount for total loss, the rental period will end no
transportation expenses incurred by later than seven days after we have
you or any family member, but no made a settlement offer.
more than the cost of renting an
Economy Class vehicle, as defined LIMIT OF LIABILITY
under Rental Reimbursement
Coverage. This applies only in the Paragraph A. of the Limit of Liability section is
event of a total theft of your replaced in its entirety by the following:
covered auto. We will pay only
transportation expenses incurred
A. Total loss to your covered auto. Our limit
during the period beginning 48
of liability under Comprehensive Coverage
hours after the theft and ending
and Collision Coverage is the actual cash
when your covered auto is
value of the vehicle, inclusive of any
returned to use or, if not recovered
custom equipment, and the cost to
or not repairable, up to seven days
transfer or replace any equipment,
after we have made a settlement
furnishings or parts designed to assist
offer.
disabled persons.
If Rental Reimbursement Coverage is
1 The maximum amount we will include
afforded, the vehicle class for
for loss to custom equipment in or on
transportation expenses is the
your covered auto is $5,000.
vehicle class shown on the
Declarations for Rental
Reimbursement for that vehicle. 2 We will declare your covered auto to
be a total loss if, in our judgment, the
cost to repair it would be greater than
Paragraph C. is replaced in its entirety by the
its actual cash value minus its salvage
following:
value after the loss.
C. Rental Reimbursement Coverage (for loss
If Car Replacement Assistance is shown
other than total theft).
on the Features Declarations for this
your covered auto, we will pay an
1 We will reimburse you for expenses additional 20% of the actual cash
you or any family member incurs to value of the vehicle at the time of a
rent a substitute for your covered total loss. This additional amount:
auto. This coverage applies only if:
a ls separate from the limit available
a Your covered auto is withdrawn for loss to your covered auto under
from use due to a loss, other than a Comprehensive Coverage or
total theft, to that auto; and Collision Coverage; and
A402FL(03) 12-20 Page 2 of 4
0901119cbbb7e20a
b. Is available if the total loss is paid: b. Used, rebuilt, remanufactured or
non-OEM parts for loss other
(1) Under this policy's than to your covered auto’s
Comprehensive Coverage or windshield.
Collision Coverage; or
You may request that damaged parts be
(2) Because of the PD by or on
replaced with new Original Equipment
behalf of persons or
Manufacturer (OEM) parts. However,
organizations who may be legally
you will be responsible for any cost
responsible.
difference between the parts included in
our estimate or in our windshield
However, Car Replacement Assistance
does not apply to total loss to any estimate and the new OEM parts used
in the repair.
nonowned vehicle.
Paragraph B. of the Limit of Liability section is You may have your windshield repair
replaced in its entirety by the following: performed by your provider of choice,
however we will not be responsible for
B. Other than a total loss to your covered any amount charged that exceeds our
auto: windshield estimate. Any amount
charged in excess of our windshield
1 Our limit of liability under estimate shall not be considered a
Comprehensive Coverage and Collision deductible.
Coverage is:
We will not take a deduction for
a For damage to your covered auto’s depreciation. We will take a deduction if
windshield, the amount of the you fail to repair prior damage. Prior
windshield estimate. The amount damage does not include wear and tear.
of the windshield estimate will be
calculated by us or someone on our Paragraph D. of the limit of Liability section is
behalf after you notify us of the replaced in its entirety by the following:
loss. Upon request, we will identify
at least one windshield network D. Under Rental Reimbursement Coverage, our
provider who is willing to complete maximum limit of liability is the reasonable
the repair for the amount of the amount necessary to reimburse you for
windshield estimate. expenses incurred to rent a vehicle in the
applicable class shown on the Declarations:
For damage other than to your
covered auto’s windshield, the
1 Economy Class. For purposes of this
amount necessary to repair the loss
endorsement, Economy Class means
based our estimate that we approve, “mini,” small or compact 2— and 4-door
if submitted by you or a third party.
cars that are not considered sports or
Upon request, we will identify at
luxury vehicles and are not the station
least one facility who is willing and
wagon type.
able to complete the repair for the
amount of the estimate.
Standard Class. For purposes of this
2. Our estimate or our windshield endorsement, standard class means
estimate may be based upon: standard and full size 2- and 4-door
cars that are not considered sports or
a Non-Original Equipment luxury vehicles and are not the station
Manufacturer (non-OEM) parts for wagon type.
repair of your covered auto’s
windshield.
A402FL(03) 12-20 Page 3 of 4
0901119cbbb7e20a
3. Multipassenger/Truck Class. For e. Pickup trucks; and
purposes of this endorsement,
Multipassenger/Truck class means: f "Mini," small and midsize sport utility
vehicles (SUVs) that are not
a Sports, convertible and luxury cars onsidered luxury SUV's.
of any size;
4. Large SUV Class. For purposes of this
Station wagons; endorsement, Large SUV Class means
luxury SUVs of any size, large SUVs,
Minivans; any private passenger vehicle equipped
Mid-size cargo and passenger vans
to assist the disabled (when available)
and large cargo or passenger vans.
PART E - GENERAL PROVISIONS
DUTIES AFTER AN ACCIDENT OR LOSS We do not provide any coverage under this
policy for any person who has concealed or
Paragraph E. is deleted in its entirety and misrepresented any material fact or
replaced with the following: circumstance relating to this insurance:
E. A person seeking coverage under Part D — 1 At the time application was made; or
Physical Damage Coverage for loss must
also: 2 At any time during the policy period;
or
1 Take reasonable steps after loss to
protect your covered auto and its
In connection with the presentation
equipment from further loss. We will or settlement of a claim.
pay reasonable expenses incurred to do
this.
OUR RIGHT TO RECOVER PAYMENT
Promptly notify the police if your
covered auto is stolen. The Our Right to Recover Payment section is
amended to add the following:
Permit us to inspect and appraise the
damaged prope
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€- Y 2024-8C - 3983 IN THE COUNTY COURT IN AND FOR VOLUSIA COUNTY, FLORIDA HEATHROW CHIROPRACTIC INC. Case No.: 2023 12835 CODL A/A/O ELI CHISHOLM, 2 3 oR Plaintiff, a aD VS. zs 2> UNITED SERVICES AUTOMOBILE ASSOCIATION, i> ac +0 Defendant. ox< 32 2S AGREED ORDER THIS CAUSE having come before the Court on DEFENDANT’S MOTION TO DISMISS FOR LACK OF VENUE, OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE FOR FAILURE TO COMPLY _ WITH MANDATORY _FORUM_SELECTION CLAUSE WITH INCORPORATED MEMORANDUM OF LAW AND/OR FOR CHANGE OF VENUE FOR FORUM NON-CONVENIEN: and the Court having been advised of agreement by counsel, it is hereapon ORDERED AND ADJUDGED that said motion be, and the same is hereby: GRANTED. This matter shall be transferred to the County Court In And For Seminole - County, Florida. Defendant shall pay the transfer costs. DONE AND ORDERED in Chambers at DeLand, Volusia County, Florida. e-Signed 5/15/2024 3:28 PM 2023 12835 CODL ANGELA A. DEMPSEY COUNTY JUDGE Copies furnished to: Bartlett W. Lewis, Esq. Gregory Tayon, Esq. 7380 Sand Lake Road, Suite 500 Kimberly Simoes, PA Orlando, FL 32819 P.O. Box 621867 05/15/2024 03:28:17 PM Clerk of the Circuit Court, Volusia County, Florida + pleadings@roiglawyers.com Orlando, FL 32862 courtfile@kimberlysimoespa.com Ze COURS STATE OF FLORIDA, VOLUSIA COUNTY THEREBY CERTIFY the foregoing is a true copy Sin CF ie 10} 10) KITA SPORTAGE 4D 5000 KNDKGCA35A7713693 P The Vehicle(s) described herein is principally garaged at the above address unless otherwise stated. F Wic=WordSchoo|, B=Business, F=Fam:P=Pleasure VEH 08 LAKE MARY FL 32746-2646 VEH 10 LAKE MARY FL 32746-2646 VEH 09 LAKE MARY FL 32746-2646 ThisS Bey pe provide les ONLY those coverages where a premium is shown below. The limits show by policy a pro t combined regardless o the number Veticles for which a premium is listed unless spécifically authorized elsewhere in this policy. oF VEH VEH VEH VEH COVE! LIMITS OF LIABILITY 08 6-MONTH 09 6-MONTH ]10 6-MONTH taeye MEANS ACTUAL CASH VALUE) D=DED PREMIUM D=DED PREMIUM D=DED | PREMIUM D=DED | PREMIUM IAMOUNT| $ MOUNT| S$ 1A MOUNT] $ AMOUNT} $ PART A - LIABILITY BODILY INJURY EA PER $ 100,00 EA ACC $ 300,00 PROPERTY DAMAGE EA ACC $ 100,00q PART B - MEDICAL PAYMENTS EA PER $ 2,000 PART B - PERSONAL INJURY PROTECTION MAXIMUM BENEFITS $10,000 WORK LOSS N/A FOR NAMED INSD AND RESIDENT RELATIVES PART C - UNINSURED MOTORISTS STACKED BODILY INJURY EA PER $ 100,00q EA ACC $ 300,009 PART D - PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS ACV LESS ID 50 500] 500 COLLISION LOSS ACV LESS ID 50 500] 500 RENTAL REIMBURSEMENT LARGE SUV CLASS STANDARD CLASS MULTIPASSENGER/TRUCK CLASS TOTAL PREMIUM - SEE FOLLOWING PAGE(S) IENDORSEMENTS: ADDED 04-10-22 - NONE REMAIN IN EFFECT(REFER TO PREVIOUS POLICY) A402FL (03) RSGPFL (01) 5100FL(02) A200FL ( ) INFORMATION FORMS 88356 ( ) 999FL ( ) \J3. 1 Jos] RMF43poobo] [| [ibs] RsFispoopo]] TT] Lo] Rums4poopo] [ [II]Fi | L] LT] In WITNESS WHEREOF, the Subscribers at UNITED SERVICES OMOBILI CIATION have caused these presents to be signed by \! their Attorney-in-Fact on this date PRIL 10 2022 COUNTERSIGNED BY James Syrin vo 1S President, USAA Reciprocal Attorney-in-Fact, Inc. 5000 U 07-11 oso 116 9cbbb7e20a at. MINA LPIS Games DS, UNITED SERVICES AUTOMOBILE ASSOCIATION (ARECIPROCAL INTERINSURANCE EXCHANGE) State]}O8 09 ,10 , Veh POLICY NUMBER USAA® 9800 Fredericksburg Road - San Antonio, Texas 78288 FL B96 963 96] | Ter 01585 23 67U_ 7103 0 FLORIDA AUTO POLICY POLICY PERIOD: 12:01 A.M. standard time) AMENDED DECLARATIONS EFFECTIVE APR 10 2022 TO AUG 21 2022 (ATTACH TO PREVIOUS POLICY) Named Insured and Address DENISE MICHELLE CHISHOLM LAKE MARY FL 32746-2646 Description of Vehicle(s) VEH USE" VEH|YEAR, TRADE NAME MODEL BODY TYPE ANNUAL IDENTIFICATION NUMBER SYM MILEAGE 08] 12) FORD E-350 VAN 5000 1FBNE3BLXCDA77606 P 09) 14) VOLKS JETTA 4D B/S] 4D 5000 3VWLIK7AJ4EM442585 P 10} 10) KITA SPORTAGE 4D 5000 KNDKGCA35A7713693 P the Vehide(s) described herein is principally garaged at the above address unless otherwise stated. | wic-WorSchoo! Fa P=Pleasure 8 LAI Y FL 32746-2 0 LAKE MARY FL 32746-2646 EH 09 LAKE MARY FL 32746- bee ThisS porcy, provides ONLY those. coverage: where a premium is shown below. The limits shown duced by policy provisions an ma not be combined regardless of the number of Veticles for which a premium is listed unless Specifically authorized elsewhere in this policy. COVERAGES LIMITS OF LIABILITY an 6-MONTH oe 6-MONTH 10" 6-MONTH Jan ("ACV" MEANS ACTUAL CASH VALUE) D=DED PREMILNG D=DED Pray D=DED PREMIUM D=DED PREMIUM AMOUNT AMOUNT] AMOUNT] AMOUNT] PART D PHYSICAL DAMAGE COVERAGE TOWING AND LABOR (VEHICLE TOTAL PREMIUM jp----------------------@ -@ --- ADJUSTMEN -------------- |e - - -|---- ICHANGE IN OPERATOR STATUS OP 02 ADDED |VEH 10 [CHANGE IN ANNUAL MILEAGE VEH 08 09 REVISED 6 MONTH PREMIUM Ss IONTH INCREASE $ 605.53 PREMIUM DUE AT INCEPTION. THIS I§ NOT JA BILL,| STATEMENT TiO FOULOW Pe RMFs3poopo ||| [i:P3] RSF1spoopo]] TTT] fo] RMM54poopo] [ [TT]FF | L] LT] In WITNESS WHEREOF, the Subscribers at UNITED SERVICES OMOBILE A‘ CIATION have caused these presents to be signed by their Attorney-in-Fact on this date APRIL 10 2022 COUNTERSIGNED BY, James Syrin vo 1S President, USAA Reciprocal Attorney-in-Fact, Inc. MINA LPIS Gromer DD Segre, 5000 U 07-11 080t i Yocbbb7e20a PAGE 6 USAA 01585 23 67 7103 SUPPLEMENTAL INFORMATION USAA® EFFECTIVE APR 10 2022 TO AUG 21 2022 The following approximate premium discounts or credits have already been applied to reduce your policy premium costs. NOTE: Age or senior citizen status, if allowed by your state/location, was taken into consideration when your rates were set and your premiums have already been adjusted. VEHICLE 08 ANNUAL MILEAGE DISCOUNT -§ ANTI-LOCK BRAKE DISCOUNT -§ AUTOMATIC PAYMENT PLAN DISCOUNT -§ DAYTIME RUNNING LIGHTS DISCOUNT -§ MULTI-CAR DISCOUNT -§ PASSIVE RESTRAINT DISCOUNT -§ PREMIER DRIVER LEVEL -§ VEHICLE 09 ANNUAL MILEAGE DISCOUNT -§ ANTI-LOCK BRAKE DISCOUNT -§ ANTI-THEFT DISCOUNT -§ AUTOMATIC PAYMENT PLAN DISCOUNT -§ DAYTIME RUNNING LIGHTS DISCOUNT -§ DRIVER TRAINING DISCOUNT -§ OPERATOR 03 GOOD STUDENT DISCOUNT -§ OPERATOR 03 MULTI-CAR DISCOUNT -§ PASSIVE RESTRAINT DISCOUNT -§ PREMIER DRIVER LEVEL -$ VEHICLE 10 ANNUAL MILEAGE DISCOUNT -$ ANTI-LOCK BRAKE DISCOUNT -$ ANTI-THEFT DISCOUNT -$ AUTOMATIC PAYMENT PLAN DISCOUNT -$ MULTI-CAR DISCOUNT -$ PASSIVE RESTRAINT DISCOUNT -$ PREMIER DRIVER LEVEL -$ SUPDECCW Rev. 7-95 APRIL 10, 2022 0901119cbbb7e20a PAGE 7 USAA 01585 23 67 7103 9800 Fredericksburg Road San Antonio, Texas 78288 USAA® ACCIDENT REPORT FORM The accident report form is a useful tool to assist you in the event you have an accident, loss, you are injured, your vehicle is disabled or you need a rental car. Please place a copy of this form in each of your vehicles as a reference tool to help you remember information necessary in processing your claim. In the event of an accident, there are several things to remember: 4 Move to a safe location if you or your car is creating a safety hazard or if you're concerned with your safety. o Do not leave the scene of the accident until you have exchanged contact information with the others involved. o Call the police and follow their instructions. . Call 911 if there are any injuries . In minor accidents, the police may instruct you to exchange information and then contact your insurance company o Do not discuss who is at fault with other parties. 4 Do not disclose your policy details. You should only share your drivers license number, that you're insured with USAA, provide your member and USAA's phone number. o Collect as much information as you can about the other drivers using the form below. By contacting USAA at usaa.com or by phone at 1-800-531-8722 (USAA) you can: 4 Report your claim. 4 Request a tow from the scene of the accident. If your vehicle has already been moved for storage or safety, we can assist you in having your vehicle towed from the storage location. 4 Reserve a rental vehicle. + Arrange your repairs. You have the right to select the repair shop of your choice. If you are uncertain where to have your damaged vehicle repaired, USAA can assist you in selecting a repairer in the USAA’s STARS’ auto repair network convenient to your business or home. If you select the STARS option, repairs will be warranted for as long as you own the vehicle. If you are not injured and can exchange information with the other driver(s), we ask that you attempt to collect the following information to assist in expediting your claim. (Use the other side of this form for more room if necessary.) LOSS INFORMATION Date of Accident: Street/Location: Time of Accident. City and State: Police/Sheriff Dept. Report #: OTHER VEHICLES AND PARTIES Name of Driver: Name of Driver: Address, City, St: Address, City, St Drivers License Numbec________ State. Drivers License Number: State. Phone Number: Insurance Co. Phone Number: Insurance Co.. Policy Number: Policy Number: Vehicle License Number: State: Vehicle License Number: State: Year of Vehicle: Make Model Year of Vehicle: Make Model Passengers (y/n): ___How Many-__Injuries (y/n)_] Passengers (y/n): ___How Many:__ Injuries (y/n)__] Passenger Names. Passenger Names. Witnesses. Witnesses. 1 STARS facilities are part of USAA's repair network program and warrant repairs for as long as you own your vehicle. Regardless of where you have your vehicle towed after an accident, you are entitled to have your vehicle repaired at the shop of your choice. 88356-0608 Page 1 of 2 0901119cbbb7e20a PAGE 8 USAA 01585 23 67 7103 THIS PAGE INTENTIONALLY LEFT BLANK 88356-0608 Page 2 of 2 0901119cbbb7e20a PAGE 9 USAA 01585 23 67 7103 Florida Uninsured Motorists Coverage Rejection/Selection Form and Annual Option Notice YOU ARE ELECTING NOT TO PURCHASE CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOU AND YOUR FAMILY OR YOU ARE PURCHASING UNINSURED MOTORIST LIMITS LESS THAN YOUR BODILY INJURY LIABILITY LIMITS WHEN YOU SIGN THIS FORM. PLEASE READ CAREFULLY. Below, you will find a brief explanation of Uninsured Motorists (UM) Coverage. Please remember that this explanation is only an overview, and it does not replace or supplement any of the provisions of your policy. Please see your policy for details because the policy controls all issues of coverage. The decisions you make regarding the amount of coverage will affect your insurance premium. If you have questions, please call Policy Service at 1-800-531—USAA (8722). You may complete this form online on usaa.com. WHAT IS UM COVERAGE? . Protects you, your family and any other legally entitled person due to injuries arising from a motor vehicle accident caused by an uninsured or hit-and-run motorist who is at—fault. . Pays if you, your family and any other person occupying your covered auto is injured by an at-fault motorist whose Bodily Injury (Bl) Liability limits are less than the amount of damages you are legally entitled to recover from the at—fault motorist. The at-fault motorist's policy pays its Bl Liability limits first, then your UM Coverage pays the lesser of: . any remaining loss, or . your UM Coverage limits. HOW IS UM COVERAGE ISSUED? . A new policy must be issued with UM Coverage limits equal to your BI Liability limits unless you reject UM Coverage or select lower UM Coverage limits by completing, signing, and returning the Rejection/Selection Form by mail or on usaa.com. . UM Coverage limits cannot exceed the BI Liability limits on the policy. RENEWAL/EXISTING POLICIES: . If you have previously purchased or rejected UM Coverage, your current policy declaration page reflects that choice. Your rejection of UM Coverage or selection of lower UM Coverage limits will remain in effect on this policy and on future renewals which are issued at the same bodily injury limits until you request otherwise in writing. If you change your BI Liability limits, your UM Coverage limits will equal your revised Bl Liability limits unless you complete a new rejection/selection form. STACKED UM COVERAGE: . "Stacked" UM Coverage means the maximum limit of liability for any one accident is the UM Coverage limit on the Declarations Page multiplied by the number of vehicles insured for UM Coverage on your policy. For example, if you purchase UM limits of $100,000 per person and $300,000 per accident on two vehicles, you would have total UM Coverage of $200,000 per person and $600,000 per accident ($100,000/300,000 x 2). The amount of UM coverage available would automatically change during the policy term if you increase or decrease the number of vehicles insured for UM under the policy. YOUR POLICY WILL BE ISSUED WITH THE STACKED FORM OF UM UNLESS YOU SELECT NON-STACKED UM ON THIS FORM. NON-STACKED UM IS EXPLAINED BELOW. YOUR PREMIUMS ARE HIGHER BASED UPON "STACKED" LIMITS. 60874-0715 999FL(03) Rev. 02-15 Page 1 of 4 PS 015852367 .999FL.07103 0901119cbbb7e20a PAGE 10 USAA 01585 23 67 7103 NON-STACKED UM COVERAGE: You have the option to purchase a non-stacked (limited) form of UM Coverage. Under this type of coverage, if injury occurs in a vehicle owned or leased by you or any family member who resides with you, you will only be entitled to the amount of UM Coverage purchased for that vehicle. If an injury occurs while occupying someone else's vehicle, or you are struck as a pedestrian, you are entitled to select the highest limit of UM Coverage available on any one vehicle for which you are a named insured, insured family member, or insured resident of the named insured’s household. This policy will not apply if you select the coverage available under any other policy issued to you or to any other family member who resides with you. 999FL(03) Rev. 02-15 Page 2 of 4 PS 015852367 .999FL.07103 0901119cbbb7e20a PAGE 11 USAA 01585 23 67 7103 If you do not wish to make any changes to your current policy, no action is required. TO MAKE CHANGES TO YOUR POLICY, PLEASE COMPLETE THIS FORM, SIGN, AND RETURN IT TO US. The premiums below reflect the total premium for this coverage for all vehicles insured on this Policy. UNINSURED MOTORISTS (UM) COVERAGE Semi-annual premium per policy Limits Stacked Per person / per accident Non-Stacked Premium Premium 251 10 10,000 20,000 99 14 324 54 15,000 30,000 131 12 370 72 20,000 40,000 158 83 406 26 25,000 50,000 186 56 501 02 50,000 100,000 287 82 578 o1 100,000 200,000 374 16 589 85 100,000 300,000 386 96 718 96 300,000 500,000 485 03 763 96 500,000 500,000 543 66 768 70 500,000 $1,000,000 547 91 788 84 $ 1,000,000 $1,000,000 567 11 Rejection/Selection To make a change to your current policy, you must check one of the following boxes: C1 | reject both STACKED and NON-STACKED UM Coverage entirely. C1 | want the NON-STACKED form of UM Coverage at limits equal to my BI Liability limits. [J | want the STACKED form of UM Coverage at limits of § per person, $ per accident, which are lower than my BI Liability limits. 0 | want the NON-STACKED form of UM Coverage at limits of §. per person, 8 per accident, which are lower than my BI Liability limits. 1 | want the STACKED form of UM Coverage at limits equal to my BI Liability limits. Please disregard the bold statement on page 1 if this selection is made. DO NOT SIGN UNTIL YOU READ THIS FORM COMPLETELY USAA Number Signature of Named Insured Home phone Alternative phone Date Please complete this form and fax it to 1-800-531-8877 or mail it to USAA, 9800 Fredericksburg Road, San Antonio, Texas 78288; or complete this form on usaa.com. If this form is sent by facsimile machine (fax), the sender adopts the document USAA receives as a duplicate original and adopts the signature the receiving fax machine produces as the sender's original signature. 999FL(03) Rev. 02-15 Page 3 of 4 PS .015852367.999FL.07103 0901119cbbb7e20a LAST PAGE 12 USAA 01585 23 67 7103 THIS PAGE INTENTIONALLY LEFT BLANK 999FL(03) Rev. 02-15 Page 4 of 4 PS 015852367 .999FL.07103 0901119cbbb7e20a AMENDATORY ENDORSEMENT The coverage provided by this Endorsement is subject to all the provisions of the policy and amendments except as they are modified as follows. PART D - PHYSICAL DAMAGE COVERAGE DEFINITIONS 1 has a facility located within ten miles of the repair location requested by you; or F. “Repair.” is replaced in its entirety by the following: is willing to provide a mobile repair to your covered auto at the repair F. “Repair.” location requested by you; or 1 “Repair” means restoring the damaged if 1. or 2. do not apply, then the amount property to its pre-loss operational we approve and notify you of when safety, function and appearance. This you report the loss to us. may include the replacement of component parts. As it relates to The following DEFINITIONS are added. windshield damage, repair includes but is not limited to the replacement of the H. “Windshield network provider” means entire windshield and all related any person or entity providing windshield components. repair who is part of the USAA Auto Glass Network on the date the loss is reported Repair does not require: by you to us. a Areturn to the pre-loss market “Your covered Auto” as used in this part value of the property; includes: b. Restoration, alteration or 1 Custom equipment up to a maximum replacement of undamaged of $5,000 in or on your covered auto. property, unless such is needed for operational safety of the vehicle: or A nonowned vehicle. If there is a loss to a nonowned vehicle, we will Rekeying of locks following theft or provide the broadest coverage shown misplacement of keys. on the Declarations. G. "Your covered auto” is deleted in its INSURING AGREEMENT entirety and replaced by the following: Paragraph A. is replaced in its entirety by the “Windshield estimate” means the amount following: you are notified of, either verbally or in writing, when you report the loss to us, A Comprehensive Coverage (excluding that we calculate for repair of the collision), windshield to your covered auto as reflected in the USAA Auto Glass Network 1 Physical damage. We will pay for loss Agreement by any windshield network caused by other than collision to your provider who, on the date the loss is covered auto, including its equipment, reported by you to us: and personal property CATALOG-NUMBER FORM-NUMBER 128428-1220_01 A402FL(03) 12-20 Page 1 of 4 0901119cbbb7e20a contained in your covered auto, minus b. The loss is covered under any applicable deductible shown on the Comprehensive Coverage or caused Declarations. However, we will pay for by collision, and the cause of loss the cost to repair the damaged is not otherwise excluded under Part windshield on your covered auto D of this policy without a deductible. 2. We will reimburse you only for that Transportation expenses. We will also period of time reasonably required to pay: repair or replace your covered auto. If we determine your covered auto is a a. The reasonable amount for total loss, the rental period will end no transportation expenses incurred by later than seven days after we have you or any family member, but no made a settlement offer. more than the cost of renting an Economy Class vehicle, as defined LIMIT OF LIABILITY under Rental Reimbursement Coverage. This applies only in the Paragraph A. of the Limit of Liability section is event of a total theft of your replaced in its entirety by the following: covered auto. We will pay only transportation expenses incurred A. Total loss to your covered auto. Our limit during the period beginning 48 of liability under Comprehensive Coverage hours after the theft and ending and Collision Coverage is the actual cash when your covered auto is value of the vehicle, inclusive of any returned to use or, if not recovered custom equipment, and the cost to or not repairable, up to seven days transfer or replace any equipment, after we have made a settlement furnishings or parts designed to assist offer. disabled persons. If Rental Reimbursement Coverage is 1 The maximum amount we will include afforded, the vehicle class for for loss to custom equipment in or on transportation expenses is the your covered auto is $5,000. vehicle class shown on the Declarations for Rental Reimbursement for that vehicle. 2 We will declare your covered auto to be a total loss if, in our judgment, the cost to repair it would be greater than Paragraph C. is replaced in its entirety by the its actual cash value minus its salvage following: value after the loss. C. Rental Reimbursement Coverage (for loss If Car Replacement Assistance is shown other than total theft). on the Features Declarations for this your covered auto, we will pay an 1 We will reimburse you for expenses additional 20% of the actual cash you or any family member incurs to value of the vehicle at the time of a rent a substitute for your covered total loss. This additional amount: auto. This coverage applies only if: a ls separate from the limit available a Your covered auto is withdrawn for loss to your covered auto under from use due to a loss, other than a Comprehensive Coverage or total theft, to that auto; and Collision Coverage; and A402FL(03) 12-20 Page 2 of 4 0901119cbbb7e20a b. Is available if the total loss is paid: b. Used, rebuilt, remanufactured or non-OEM parts for loss other (1) Under this policy's than to your covered auto’s Comprehensive Coverage or windshield. Collision Coverage; or You may request that damaged parts be (2) Because of the PD by or on replaced with new Original Equipment behalf of persons or Manufacturer (OEM) parts. However, organizations who may be legally you will be responsible for any cost responsible. difference between the parts included in our estimate or in our windshield However, Car Replacement Assistance does not apply to total loss to any estimate and the new OEM parts used in the repair. nonowned vehicle. Paragraph B. of the Limit of Liability section is You may have your windshield repair replaced in its entirety by the following: performed by your provider of choice, however we will not be responsible for B. Other than a total loss to your covered any amount charged that exceeds our auto: windshield estimate. Any amount charged in excess of our windshield 1 Our limit of liability under estimate shall not be considered a Comprehensive Coverage and Collision deductible. Coverage is: We will not take a deduction for a For damage to your covered auto’s depreciation. We will take a deduction if windshield, the amount of the you fail to repair prior damage. Prior windshield estimate. The amount damage does not include wear and tear. of the windshield estimate will be calculated by us or someone on our Paragraph D. of the limit of Liability section is behalf after you notify us of the replaced in its entirety by the following: loss. Upon request, we will identify at least one windshield network D. Under Rental Reimbursement Coverage, our provider who is willing to complete maximum limit of liability is the reasonable the repair for the amount of the amount necessary to reimburse you for windshield estimate. expenses incurred to rent a vehicle in the applicable class shown on the Declarations: For damage other than to your covered auto’s windshield, the 1 Economy Class. For purposes of this amount necessary to repair the loss endorsement, Economy Class means based our estimate that we approve, “mini,” small or compact 2— and 4-door if submitted by you or a third party. cars that are not considered sports or Upon request, we will identify at luxury vehicles and are not the station least one facility who is willing and wagon type. able to complete the repair for the amount of the estimate. Standard Class. For purposes of this 2. Our estimate or our windshield endorsement, standard class means estimate may be based upon: standard and full size 2- and 4-door cars that are not considered sports or a Non-Original Equipment luxury vehicles and are not the station Manufacturer (non-OEM) parts for wagon type. repair of your covered auto’s windshield. A402FL(03) 12-20 Page 3 of 4 0901119cbbb7e20a 3. Multipassenger/Truck Class. For e. Pickup trucks; and purposes of this endorsement, Multipassenger/Truck class means: f "Mini," small and midsize sport utility vehicles (SUVs) that are not a Sports, convertible and luxury cars onsidered luxury SUV's. of any size; 4. Large SUV Class. For purposes of this Station wagons; endorsement, Large SUV Class means luxury SUVs of any size, large SUVs, Minivans; any private passenger vehicle equipped Mid-size cargo and passenger vans to assist the disabled (when available) and large cargo or passenger vans. PART E - GENERAL PROVISIONS DUTIES AFTER AN ACCIDENT OR LOSS We do not provide any coverage under this policy for any person who has concealed or Paragraph E. is deleted in its entirety and misrepresented any material fact or replaced with the following: circumstance relating to this insurance: E. A person seeking coverage under Part D — 1 At the time application was made; or Physical Damage Coverage for loss must also: 2 At any time during the policy period; or 1 Take reasonable steps after loss to protect your covered auto and its In connection with the presentation equipment from further loss. We will or settlement of a claim. pay reasonable expenses incurred to do this. OUR RIGHT TO RECOVER PAYMENT Promptly notify the police if your covered auto is stolen. The Our Right to Recover Payment section is amended to add the following: Permit us to inspect and appraise the damaged prope