Document for James Davis, et al Plaintiff vs. Southern Fidelity Insurance Company Defendant

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                                Case Number: CACE-20-017586 Division: 05
Filing # 115434859 E-Filed 10/22/2020 11:42:26 AM

IN THE CIRCUIT COURT OF THE

17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

JAMES DAVIS and MELVINA DAVIS,

CASE NO.:

Plaintiffs,
Vv.
SOUTHERN FIDELITY INSURANCE
COMPANY,

Defendant.

/
COMPLAINT

Plaintiffs, JAMES DAVIS and MELVINA DAVIS (collectively referred to hereafter as the
“Insured”), hereby sue Defendant, SOUTHERN FIDELITY INSURANCE COMPANY (the
“Insurance Company”), and allege as follows:

PARTIES, JURISDICTION AND VENUE

1. This is an action for damages that exceeds Thirty Thousand and 00/100 Dollars
($30,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a
Declaratory Judgment Action.

2. The Insured are individuals who at all times material hereto have resided in
Broward County, Florida.

3. The Insurance Company is a Florida corporation qualified to do business in Florida
and has, at all times material hereto, been conducting business in Broward County, Florida.

4. Venue is proper in Broward County, Florida because the contract, which forms the
subject matter of this lawsuit, was executed in Broward County, Florida.

5. All conditions precedent to the filing of this lawsuit have occurred, have been

waived or have been performed.

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/22/2020 11:42:23 AM.****GENERAL ALLEGATIONS

6. At all times material hereto, in consideration of a premium paid by the Insured,
there was in full force and effect a certain homeowners insurance policy issued by the Insurance
Company with a policy number of SHO20593470069 (the “Policy”). A true and correct copy of
policy is attached hereto as Exhibit “A”.

7. The damaged property is located at 401 SW 30th Avenue, Fort Lauderdale, FL
33312 (the “Property”).

8. Pursuant to the terms of the Policy, the Insurance Company agreed to provide
insurance coverage to the Insured’s Property for all risks unless specifically excluded by the terms
of the Policy.

9. On or about May 14, 2020, while the Policy was in full force and effect, the
Property sustained a covered loss as a result of sudden and accidental failure of plumbing system
(the “Loss”).

10. The Insurance Company assigned claim number 690100045659 to the Loss.

11. The Insurance Company acknowledged that the Property sustained a covered Loss
and offered payment.

12. However, after diligent inspection of the Loss, it was obvious that the Property
sustained covered damages greater than the damages acknowledged by the Insurance Company.

13. As of the date of the filing of this lawsuit, the Insurance Company has failed to
acknowledge that additional payment would be forthcoming and it has failed to adequately provide
coverage under the terms of the Policy. As a result of the foregoing, the Insurance Company has

breached the Policy.14. The Insured have suffered and continues to suffer damages resulting from Insurance
Company’s breach of the Policy.

15. The Insured have been obligated to retain the undersigned attorneys for the
prosecution of this action and are entitled to a reasonable attomey’s fee pursuant to Florida Statute
Sections 627.428 and/or 626.9373.

COUNTI
BREACH OF CONTRACT

16. The Insured reincorporate paragraphs 1 through 15 as if fully set forth herein.

17. It is undisputed that the Insured and the Insurance Company entered into a written
contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company
agreed to insure the Insured’s Property.

18. The Insured have paid all premiums due and owing as contemplated by the Policy;
thus, fully performing their obligations under the Policy.

19. The Insured’s Property sustained damage which the Insurance Company agreed to
provide coverage for under the terms of the Policy.

20. — Incontrast, the Insurance Company has failed to: (i) provide coverage for the Loss
under the terms of the Policy; and/or (ii) acknowledge that additional payment would be
forthcoming; and/or (iii) make adequate payment of insurance proceeds to the Insured. Asa result
of the foregoing, the Insurance Company has breached the Policy.

21. Asadirect and proximate result of the Insurance Company’s breach of the Policy,
the Insured have sustained damages.

WHEREFORE, the Insured respectfully request that this Court enters judgment against the
Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant

to Sections 627.428 and/or 626.9373, Florida Statutes.JURY TRIAL DEMAND
Plaintiffs hereby demands a trial by jury on all issues so triable.

Dated this 22 day of October 2020.

Respectfully Submitted,

Marin, Eljaiek, Lopez & Martinez P.L.
Counsel for the Insured

2601 South Bayshore Drive, 18th Floor
Coconut Grove, Florida 33133

Telephone No. (305) 444-5969

Facsimile No. (305) 444-1939

Email: Eservice@mellawyers.com
Secondary Email: Mellaw5@mellawyers.com

By. /s/ David Garcia
David Garcia, Esq.
Florida Bar No. 87055
Idelys Martinez, Esq.
Florida Bar No. 1011047HOMEOWNERS DECLARATION
POLICY PERIOD
SFIC. P.O. Box 16029 POLICY NUMBER From To
Tallahassee FL 32317-6029 SHO 20593470069 | 06/06/2019 06/06/2020
Southern Fidelity Insurance Company 12:01 AIM, Standard Time at the described location!
For Customer Service and Claims Call 1-866-874-7342.
NEW DECLARATION Effective: 06/06/2019 Date Issued: 05/07/2019
INSURED: AGENT: _0901331
JAMES DAVIS STRS8LINE GROUP LLC
MELVINA DAVIS. GLENN KANARICK
401 SW 30TH AVE 2005 VISTA PARKWAY SUITE 200
FT LAUDERDALE FL 33312 WEST PALM BEACH, FL 33411
Telephone: 954-732-7978 Telephone: 561-570-8000
The residence premises covered by this policy is located at the above insured address unless otherwise stated below.
401 SW 30TH AVE FT LAUDERDALE FL 33312
Coverage is provided where premium and limit of liability is shown.
Flood coverage is not provided by SOUTHERN FIDELITY and is not a part of this
policy.
SECTION | COVERAGE LIMIT OF LIABILITY PREMIUMS
A. DWELLING $210,000.00 $3,427.00
B. OTHER STRUCTURES $21,000.00 INCLUDED
C. PERSONAL PROPERTY $60,000.00 -$45.00
D. LOSS OF USE $42,000.00 INCLUDED
SECTION Il COVERAGE
—. PERSONAL LIABILITY $300,000.00 $30.00
F. MEDICAL PAYMENTS $5,000.00 INCLUDED
OPTIONAL COVERAGES
LIMITED FUNGI,ROT BACTERIA $10,000/$20,000 INCLUDED

TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: SEE REVERSE SIDE

*** CERTIFIED POLICY***
Southern Fidelity Insurance Company
6/4/2020

LUCIANA L. WALLACE

$3,439.00

PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY.

 

FORMS AND ENDORSEMENTS.

 

*HO 0355 (01/06) *HO-0109 (06/16)

*HO-0496 (10/00) *HO-2370 (07/01)

*OIRB11656 (02/10) *OIRB11670 (01/06)

“SFHFLCGCC (04/09) “SFHFLD3 (04/05)
Continued on Forms Schedule

 

 

ADDITIONAL INTERESTS

ne DATE i 9
BY
VA

 

MORTGAGEE
9163715608-5998

BB&T INSURANCE CENTER
P.O.BOX 200047
KENNESAW GA 30156

 

 

 

 

FULL ELECTRONIC COPY

EXHIBIT "A"HOMEOWNERS DECLARATION
POLICY PERIOD
SFIC Boho aeeos POLICY NUMBER From To
Tallahassee FL 32317-6029 SHO 20593470069 | 06/06/2019 06/06/2020

Southern Fidelity Insurance Company

For Customer Service and Claims Call 1-866-874-7342.

 

 

12:01 AM, Standard Time at the described location

 

 

 

 

NEW DECLARATION Effective: 06/06/2019 Date Issued: 05/07/2019
INSURED: AGENT: 0901331

JAMES DAVIS STR8LINE GROUP LLC

MELVINA DAVIS GLENN KANARICK

401 SW 30TH AVE
FT LAUDERDALE FL 33312

Telephone: 954-732-7978

2005 VISTA PARKWAY SUITE 200
WEST PALM BEACH, FL 33411
Telephone: 561-570-8000

The residence premises covered by this policy is located at the above insured address unless otherwise stated below.
401 SW 30TH AVE FT LAUDERDALE FL 33312

 

 

 

 

 

All other perils deductible: §
Hurricane Deductible: $

2,500.00
4,200.00

SECTION I, SECTION II AND OPTIONAL PREMIUMS S$ 3,412.00
EMERGENCY MANAGEMENT TRUST FUND SURCHARGE $ 2.00
MGA POLICY FEE $ 25.00
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES S$ 3,439.00
Note: The portion of your premium for Hurricane Coverage is: $ 1,587.00
FORM TYPE HO-3 YEAR BUILT 1959 TOWN/ROW HOUSE N
CONSTRUCT TYPE M CONSTRUCT SUPERIOR N NUMBER OF FAMILIES 1
TERRITORY 035 PROTECTION CLASS 01 PRIOR DEC S/C N
USE CODE P HOME UPDATED Y MUNICIPAL CODE 995
COUNTY CODE 006 PROT DEVICE/BURGLAR N PROT DEVICE/FIRE N
PROT DEV/SPRINKLER N EXCLUDE CONTENTS N WIND/HAIL EXCLUSION N
REPLACEMENT COST N OCCUPANCY CODE OWNER
COMPANION DISC N

A premium adjustment of $0.00 is included to reflect the building code grade for your area. Adjustments
range from a 4.8% surcharge to a 46.1% credit.

THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.

FULL ELECTRONIC COPYPolicy Number ey Period rat

 

 

SHO 2059347 00 69 06/06/2019 06/06/2020

12:01 AM. Standard Time at the described location

 

 

 

TOTAL WIND MITIGATION CREDITS

 

ROOF COVER FBC EQUIVALENT

ROOF DECK 8d @ 6/6

ROOF SHAPE OTHER ROOF SHAPE - GABLE/FLAT
ROOF WALL SINGLE WRAPS

OPEN PROTECTION NONE

SWR NO SWR

TERRAIN TERRAIN C 2% DED

FBC WIND SPEED MPH N/A
WIND SPEED OF DESIGN N/A

INTERNAL PRESSURE N/A
WBDR N/A
(continued from page 1)
“SFHFLHD (04/05) *“SFHFLHJ (04/05) *“SFHFLH3 (08/02) *“SFHFLLA (04/05) *SFHFLMC3 (04/05)
*SFHFLME (04/05) *SFHFLOL (04/09) *SFHFLPC (04/05) *SFHFLPN (04/05) *SFHFLWL (04/09)

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.

LAW AND ORDINANCE COVERAGE IS AN_ IMPORTANT
COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU MAY
ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD
INSURANCE FROM THE NATIONAL FLOOD INSURANCE
PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES
WITH YOUR INSURANCE AGENT.

SFIC FL FS 09/02 FULL ELECTRONIC COPYFIDELITY INSURANCE COMP,

Dear Insured:

Welcome to Southern Fidelity Insurance Company. We are delighted to have you as our customer.
Southem Fidelity is a Florida based company located in Tallahassee, Florida. Three things you
should know.

1. This policy does not provide flood coverage. You must purchase your flood insurance
separately from this policy. It is important to make sure that your home is properly protected
with this important coverage.

2. We can replace your house and belongings, but we cannot replace you. Please make sure that
your home is protected with deadbolt locks and smoke detectors.

3. Your Declaration Page is attached. This lists all the forms and endorsements that are a part of
your policy. Copies of each form and endorsement is included in your policy booklet. Only
those forms listed on the Declaration Page are applicable to your policy.

We pledge to you that under normal circumstances, should you report a claim, you will be
contacted within 24 hours by one of our adjusters. It is our company policy that all claims are
paid promptly and fairly under the terms of the policy. Our goal is your satisfaction.

There are two toll free numbers provided to assist you. For policy information and questions,
please call 1 (866) 874-7342. To reach the claims department, please call 1(866) 722-4995.
Please keep these numbers for future use.

Thank you for allowing us the opportunity to meet your insurance needs.

SFH FL WL 04 09SFH FL PN 04 05

Feric

‘Southern Fidelity Insurance Company

PRIVACY POLICY
AND
NOTICE OF INFORMATION PRACTICES

Southern Fidelity Insurance Company Inc.
Southern Fidelity Managing Agency Inc.

To Our Valued Customers: We understand our obligation to keep your information secure and confidential. The
information we use in evaluating your application and servicing your policy comes to us primarily from you. Ad-
ditionally, we may also collect information about you from third parties, including but not limited to state motor ve-
hicle departments, consumer-reporting agencies and other persons proposed for coverage under your policy.

We do not disclose any nonpublic personal information about our customers or former customers to
anyone, except as permitted by law. In some cases this may mean information that can be disclosed to third
parties without your authorization; however, we maintain physical, electronic and procedural safeguards that
comply with state and federal regulations to guard your nonpublic personal information. Information about you is
only given to those of our employees who need it in order to provide you with products, benefits, services
including, but not limited to billing, underwriting, marketing and claims processing.

Important Notice: In compliance with the requirements of the Fair Credit Reporting Act (Public Law 91-508),
Southern Fidelity Insurance Company advises that as part of our routine procedure for reviewing applications for
certain types of insurance or renewals of certain policies, we may procure a consumer report including
information as to the consumer's character, general reputation, personal characteristics or mode of living. If such
insurance is for an individual and is primarily for personal, family, or household purposes, such information may
be obtained through personal interviews with neighbors, friends or others with whom the consumer is
acquainted. Upon request to our company, we will provide in writing a complete and accurate disclosure of the
nature and scope of the consumer report requested or advise that no investigation was conducted.

To help you with your overall insurance program, your agent or broker may use customer information for
marketing purposes. We may also use customer information to communicate with you about products, features,
and options you have expressed an interest in or that we believe may be of interest to you. To transact business
on your behalf, we may find it necessary to provide customer information, without authorization but only as
permitted or required by law, to persons or organizations both inside and outside of Southern Fidelity Insurance
Company. These include, for example: our affiliated companies (Southern Fidelity Managing Agency) ,
companies that perform marketing services on our behalf, or other financial institutions with which we have a joint
marketing agreement for the sale of our products, and your agent or broker.

You have the right to obtain access to certain information and the right to request correction of information
you feel is inaccurate. Additionally, you have the right to request that we not provide your information to
organizations outside of Southern Fidelity and its affiliates. To do so, please send a written request to:
Southern Fidelity Insurance Company Attn. Policyholder Information Section P.O. Box 16029, Tallahassee,
Florida 32317-6029.

We value you as our customer and take your privacy very seriously. We will inform you of our privacy and
information practices each year that you are a Southern Fidelity customer.

SFH FL PN 04 05Esric

SOUTHERN FIDELITY
INSURANCE COMPANY

PO Box 16029
Tallahassee, Florida 32317-6029

Questions? Call 1-866-874-7342
Claims? Call 1-866-874-7342

HOMEOWNERS

 

This Policy Jacket with the Policy Form Declarations Page and Endorse-
ments, if any, issued to form a part thereof, completes the policy as
numbered on the Declarations Page.

 

SFH FL HJ 04 05POLICY PROVISION: All premiums for this insurance shall be computed in accordance with Southern Fidelity
Insurance Company's rules, forms, rating plans, premiums and minimum premiums applicable to the insurance
afforded herein which are in effect the inception of the insurance and, except with respect to insurance premiums
guaranteed for a period no longer than one year, upon each anniversary thereof, including the date of interim
changes.

IN WITNESS WHEREOF, the insurer on the reverse hereof has caused this instrument to be signed by its
President.

James Graganella

President
Southern Fidelity Insurance Company, Inc.

SFH FL DJB 04 05SOUTHERN

FIDELITY INSURANCE COMPANY
AN OUTLINE OF YOUR HOMEOWNERS POLICY

The following outline of coverage is for informational purposes only. It is the express intent of
Florida Statute 627.4143, that this outline shall not be construed to modify any of the provisions of
the legal insurance contract which is the subject of this outline. READ YOUR HOMEOWNERS
INSURANCE POLICY CAREFULLY.

Policies of this category are designed to provide coverage for the following: your home; other
structures on your premises; your personal belongings; loss of use of your home; personal liability;
and medical payments to others.

POLICY COVERAGES

Please refer to your policy Declarations for limits applicable to each policy coverage, the
deductible which applies to property losses, and the policy premium. The following is a
brief description of each of the principal coverage features.

SECTION I - Property Coverage

Coverage A - Covers your dwelling, including structures attached. Coverage A applies to
real property owned by you.

Coverage B - Covers private, non-business structures at your residence, detached from the
dwelling, such as a garage, fence, swimming pool or guesthouse.

Coverage C - Covers your personal property such as clothes and furniture. Certain special
limits apply such as $200 for money and $1,000 for theft of jewelry. You should review
these in Section I of your policy along with the kinds of property which are not covered, such
as motorized vehicles and property of roomers or boarders.

Coverage D - Additional Living Expense provides for payments to you if you temporarily
cannot continue to live in your residence because of a covered loss to your dwelling.

Perils Insured Against

Coverages A, B, and your Personal Property under Coverage C, is insured against
specifically named perils such as fire, lightning, windstorm, riot, vandalism, theft, etc.

SFH FL OL 04 09 Page 1 of 2SOUTHERN

FIDELITY INSURANCE COMPANY

PROPERTY EXCLUSIONS

The principal exclusions in your property coverage are briefly referred to here: Loss from
earth movement (other than catastrophic ground cover collapse), water damage from flood
and other surface or wind driven waters, power failure, neglect, war and nuclear hazards.
Your policy may also exclude (not cover) the perils of windstorm or hail if your property is
located in a high windstorm hazard area, such as, but not limited to, Monroe County and
many coastal barrier islands or coastal communities throughout the State of Florida. If your
policy excludes the windstorm and hail perils, you may be able to obtain this coverage
through the Citizens Property Insurance Corporation and you should ask your Agent about
this important protection.

SECTION II - LIABILITY COVERAGES

Section II of your policy covers you for your legal liability for bodily injury or property
damage to others, arising out of your residence or the personal activities of you and your
family members away from the residence. Coverage does not apply to liability resulting
from your business pursuits, motor vehicles, or certain kinds of watercraft.

RENEWAL AND CANCELLATION PROVISIONS

‘You may cancel the policy at any time for any reason. Our rights to cancel or non-renew
your policy are limited to those conditions described in your policy. If we intend to cancel or
refuse renewal of your policy, we must send you a notice telling the reasons for our action
and give you advance notice of the cancellation or non-renewal date.

PREMIUM CREDITS

aoe policy Declarations page will show which of the following credits, if any, apply to your
policy.
Protective Device - If your home has certain fire alarms or burglar alarms, you are
eligible for a premium credit;
Superior Construction - Certain homes of fire resistive or wind resistive
construction are eligible for a premium credit;
Deductible Credits - Your policy provides a minimum $1,000 deductible. This is
the amount you pay for, in loss, before this policy pays. Deductibles greater than
$1,000 provide a premium credit. The higher your deductible, the more your
premium credit will be.

REMEMBER - THIS OUTLINE IS FOR INFORMATIONAL PURPOSES ONLY.
READ YOUR POLICY CAREFULLY. YOUR AGENT WILL ASSIST YOU WITH
ANY QUESTIONS ABOUT YOUR POLICY.

SFH FL OL 04 09 Page 2 of 2HOMEOWNERS 3- SPECIAL FORM

AGREEMENT

We will provide the insurance described in this policy
in return for the premium and compliance with all
applicable provisions of this policy.

DEFINITIONS

In this policy, "you" and "your" refer to the "named
insured" shown in the Declarations and the
spouse if a resident of the same household. "We",
"us" and "our" refer to the Company providing this
insurance.

In addition, certain words and phrases are
defined as follows:

A.

SFH FL H3 08 02

1.

2.

"Aircraft Liability", "Hovercraft Liability", "|

Vehicle Liability" and "Watercraft Lia

subject to the provisions in b. below, mean

the following:

a. Liability for "bodily injury" or
damage" arising out of the:

(1) Ownership of such vehicle or craft by
an "insured";

(2) Maintenance, occupancy, operation,
use, loading or unloading of such
vehicle or craft by any person;

(3) Entrustment of such vehicle or craft
by an “insured” to any person;

(4) Failure to supervise or negligent
supervision of any person involving
such vehicle or craft by an "insured";
or

(5) Vicarious liability, whether or not im-
posed by law, for the actions of a
child or minor involving such vehicle
or craft.

b. For the purpose of this definition:

(1) Aircraft means any contrivance used
or designed for flight, except model or
hobby aircraft not used or designed
to carry people or cargo;

(2) Hovercraft means a_ self-propelled
motorized ground effect vehicle and
includes, but is not limited to,
flarecraft and air cushion vehicles;

(3) Watercraft means a craft principally
designed to be propelled on or in
water by wind, engine power or
electric motor; and

(4) Motor vehicle means a "motor vehicle”
as defined in 7. below.

"Bodily injury" means bodily harm, sickness or

   

“property

 

Contains Copyrighted material from Insurance Services Office, Inc.

HOMEOWNERS
SFH FL H3 08 02

disease, including required care, loss of ser-
vices and death that results.

"Business" includes trade, profession or

occupation engaged in part time or full time

for payment, whether or not the insured is
making a profit at the time of the loss.

"Employee" means an employee of an "in-
sured”, or an employee leased to an "insured"
by a labor leasing firm under an agreement
between an "insured" and the labor leasing
firm, whose duties are other than those
performed by a "residence employee".
"Insured" means:

a. You and residents of your household who

are:
(1) Your relatives; or
(2) Other persons under the age of 21

and in the care of any person named

above;

b. Children who are under 18 years old and
have divorced parents who share custody
are covered only when in the care,
custody or control of the "named insured”.

c. A student enrolled in school full time, as
defined by the school, who was a resident
of your household before moving out to
attend school, provided the student is
under the age of:

(1) 24 and your relative; or

(2) 21 and in your care or the care of a
person described ina.(1) above;

d. Under Section II:

(1) With respect to animals or watercraft
to which this policy applies, any
person or organization legally
responsible for these animals or
watercraft which are owned by you or
any person included in a. or b. above.
"Insured" does not mean a person or
organization using or having custody
of these animals or watercraft in the
course of any "business" or without
consent of the owner; or

(2) With respect to a "motor vehicle" to
which this policy applies:

(a) Persons while engaged in your
employ or that of any person
included in a. or b. above; or

(b) Other persons using the vehicle
on an "insured location" with your
consent.

Page 1 of 23Under both Sections I and Il, when the word an

immediately precedes the word "insured", the

words an "insured" together mean one or more

"insureds".

6. "Insured location" means:

a. The "residence premises";

b. The part of other premises, other structures
and grounds used by you as a residence;
and
(1) Which is shown in the Declarations; or
(2) Which is acquired by you during the

policy period for your use as a resi-
dence;

c. Any premises used by you in connection with
a premises described in a. and b. above;

d. Any part of a premises:

(1) Not owned by an "insured"; and
(2) Where an "insured" is temporarily resid-
ing;

e. Vacant land, other than farm land, owned by
or rented to an "insured";

f. Land owned by or rented to an "insured" on
which a one, two, three or four family dwelling
is being built as a residence for an "insured";

g. Individual or family cemetery plots or burial
vaults of an "insured"; or

h. Any part of a premises occasionally rented to
an "insured" for other than "business" use.

7. "Motor vehicle" means:

a. A self-propelled land or amphibious vehicle;
or

b. Any trailer or semitrailer which is being
carried on, towed by or hitched for towing by
a vehicle described in a. above.

8. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions, which
results, during the policy period, in:

a. "Bodily injury"; or

b. "Property damage".

9. "Property damage" means physical injury to,
destruction of, or loss of use of tangible property.

10. "Residence employee" means:

a. An employee of an "insured", or an employee
leased to an “insured” by a labor leasing firm,
under an agreement between an "insured"

 

SFH FL H3 08 02

11.

12.

13.

14,

15.

and the labor leasing firm, whose duties are
related to the maintenance or use of the
"residence premises", including household or
domestic services; or

b. One who performs similar duties elsewhere
not related to the "business" of an "insured".

A "residence employee" does not include a
temporary employee who is furnished to an
"insured" to substitute for a permanent "residence
employee" on leave or to meet seasonal or
short-term workload conditions.

“Residence premises" means:
a. The one family dwelling where you reside;

b. The two, three or four family dwelling where
you reside in at least one of the family units;
or

c. That part of any other building where you
reside;

and which is shown as the "residence premises”

in the Declarations.

“Residence premises" also includes
structures and grounds at that location.
"Resident" means a person who has been staying
at the insured premises for 7 or more days
or more than half of the 60 days before any
event which might subject to
this policy .

“Arising out of" or "arises out of" to mean that any
and all claims based on the identified conduct or
occurrence, no matter how a legal claim or cause
of action is defined, described, presented or
alleged, and no matter whom it is alleged against,
is considered to be part of any exclusion,
coverage or definition using those terms,
regardless of whether an insured committed the
act itself or is alleged to be negligent in any way.
"Criminal Act" to mean any action or instance of
negligence that is defined as a felony

"Hidden" means something that a reasonable
person would not be aware of because it is out of
sight or not readily apparent.

other

DEDUCTIBLE

Unless otherwise noted in this policy, the following
deductible provision applies:

Subject to the policy limits that apply, we will pay only
that part of the total of all loss payable under Section I
that exceeds the deductible amount shown in the
Declarations.

Contains Copyrighted material from Insurance Services Office, Inc.

Page 2 of 23SECTION | - PROPERTY COVERAGES
A. Coverage A - Dwelling

1.

We cover:

a. The dwelling on the "residence premises"
shown in the Declarations, including
structures attached to the dwelling; and

b. Materials and supplies located on or next
to the “residence premises" used to
construct, alter or repair the dwelling or
other structures on the "residence
premises".

2. We do not cover land, including land on

which the dwelling is located.

B. Coverage B - Other Structures

1.

We cover other structures on the "residence
premises" set apart from the dwelling by clear
space. This includes structures connected to
the dwelling by only a fence, utility line, or
similar connection.

We do not cover:

a. Land, including land on which the other
structures are located;

b. Other structures rented or held for rental
to any person not a tenant of the
dwelling, unless used solely as a private
garage;

c. Other structures from which
“business” is conducted; or

d. Other structures used to store "business"
property. However, we do cover a
structure that contains "business" prop-
erty solely owned by an “insured” or a
tenant of the dwelling provided that
"business" property does not include
gaseous or liquid fuel, other than fuel in a
permanently installed fuel tank of a
vehicle or craft parked or stored in the
structure.

The limit of liability for this coverage will not
be more than 10% of the limit of liability that
applies to Coverage A. Use of this coverage
does not reduce the Coverage A limit of
liability.

any

C. Coverage C - Personal Property

1.

SFH FL H3 08 02

Covered Property

We cover personal property owned or used

by an "insured" while it is anywhere in the

world. After a loss and at your request, we will

cover personal property owned by:

a. Others while the property is on the part of
the "residence premises" occupied by an
"insured"; or

b. A guest or a "residence employee", while
the property is in any residence occupied
by an "insured".

2. Limit For Property At Other Residences
Our limit of liability for personal property usually
located at an "insured's" residence, other than the
“residence premises", is 10% of the limit of liability
for Coverage C, or $1,000, whichever is greater.
However, this limitation does not apply to
personal property:

a.

Moved from the "residence premises" be-
cause it is being repaired, renovated or rebuilt
and is not fit to live in or store property in; or
In a newly acquired principal residence for 30
days from the time you begin to move the
property there.

3. Special Limits Of Liability

The special limit for each category shown below
is the total limit for each loss for all property in that
category. These special limits do not increase the
Coverage C limit of liability.

a.

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$200 on money, bank notes, bullion, gold
other than goldware, silver other than sil-
verware, platinum other than platinumware,
coins, medals, scrip, stored value cards and
smart cards.

$1,000 on securities, accounts, deeds,
evidences of debt, letters of credit, notes
other than bank notes, manuscripts, per-
sonal records, passports, tickets and stamps.
This dollar limit applies to these categories
regardless of the medium (Such as paper or
computer software) on which the material
exists.

This limit includes the cost to research, re-
place or restore the information from the lost
or damaged material.

$1,000 on watercraft of all types, including
their trailers, furnishings, equipment and
outboard engines or motors.

$1,000 on trailers or semitrailers not used with
watercraft of all types.

$1,000 for loss by theft of jewelry, watches,
furs, precious and semiprecious stones.
$2,000 for loss by theft of firearms and related
equipment.

$2,500 for loss by theft of silverware, silver-
plated ware, goldware, gold-plated ware,
platinumware, platinum-plated ware and pew-
terware. This includes flatware, hollowware,
tea sets, trays and trophies made of or
including silver, gold or pewter.

Page 3 of 23h.

$2,500 on property, on the "residence
premises", used primarily for "business"
purposes.

$250 on property, away from the "residence
premises", used primarily for "business"
purposes. However, this limit does not apply
to loss to electronic apparatus and other
property described in Categories j. and k.
below.

$1,000 on electronic apparatus and acces-
sories, while in or upon a "motor vehicle", but
only if the apparatus is equipped to be
operated by power from the "motor vehicle's"
electrical system while still capable of being
operated by other power sources.
Accessories include antennas, tapes, wires,
records, discs or other media that can be
used with any apparatus described in this
Category.

$1,000 on electronic apparatus and acces-
sories used primarily for "business" while
away from the "residence premises" and not
in or upon a "motor vehicle". The apparatus
must be equipped to be operated by power
from the "motor vehicle's" electrical system
while still capable of being operated by other
power sources.

Accessories include antennas, tapes, wires,
records, discs or other media that can be
used with any apparatus described in this
Category k.

4. Property Not Covered
We do not cover:

a.

SFH FL H3 08 02

Articles separately described and specifically
insured, regardless of the limit for which they
are insured, in this or other insurance;

Animals, birds or fish;
“Motor vehicles".
(1) This includes:

(a) Their accessories, equipment and
parts; or

(b) Electronic apparatus and accessories
designed to be operated solely by
power from the electrical system of
the "motor vehicle". Accessories
include antennas, tapes, wires, re-
cords, discs or other media that can
be used with any apparatus de-
scribed above.

k.
. Coverage D - Loss Of Use

The exclusion of property described in (a)

and (b) above applies only while such

property is in or upon the "motor vehicle”.
(2) We do cover "motor vehicles" not required

to be registered for use on public roads

or property which are:

(a) Used solely to service an “insured's"

residence; or

(b) Designed to assist the handicapped;

Aircraft meaning any contrivance used or
designed for flight including any parts
whether or not attached to the aircraft.
We do cover model or hobby aircraft not used
or designed to carry people or cargo;

Hovercraft and parts. Hovercraft means a
self-propelled motorized ground effect vehi-
cle and includes, but is not limited to, flare-
craft and air cushion vehicles;

Property of roomers, boarders and other
tenants, except property of roomers and
boarders related to an "insured";

Property in an apartment regularly rented or
held for rental to others by an "insured", ex-
cept as provided under E.10. Landlord's
Furnishings under Section 1 - Property
Coverages;

Property rented or held for rental to others off
the "residence premises";

"Business" data, including such data stored
in:

(1) Books of account, drawings or other
paper records; or

(2) Computers and related equipment.

We do cover the cost of blank recording or
storage media, and of prerecorded computer
programs available on the retail market;

Credit cards, electronic fund transfer cards or
access devices used solely for deposit,
withdrawal or transfer of funds except as
provided in E.6. Credit Card, Electronic Fund
Transfer Card Or Access Device, Forgery And
Counterfeit Money under Section I - Property
Coverages; or

Water or steam.

The limit of liability for Coverage D is the total limit
for the coverages in 1. Additional Living Expense,

2.

Fair Rental Value and 3. Civil Authority

Prohibits Use below.

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Page 4 of 231. Additional Living Expense

If a loss covered under Section I makes that
part of the "residence premises" where you re-
side not fit to live in, we cover any necessary
increase in living expenses incurred by you
so that your household can maintain its
normal standard of living.
Payment will be for the shortest time required
to repair or replace the damage or, if you
permanently relocate, the shortest time
required for your household to settle
elsewhere.
2. Fair Rental Value
If a loss covered under Section | makes that
part of the "residence premises" rented to oth-
ers or held for rental by you not fit to live in,
we cover the fair rental value of such
premises less any expenses that do not
continue while it is not fit to live in.
Payment will be for the shortest time required
to repair or replace such premises.
3. Civil Authority Prohibits Use
If a civil authority prohibits you from use of the
“residence premises" as a result of direct
damage to neighboring premises by a Peril
Insured Against, we cover the loss as
provided in 1. Additional Living Expense and
2. Fair Rental Value above for no more than
two weeks.
4. Loss Or Expense Not Covered
We do not cover loss or expense due to can-
cellation of a lease or agreement.
The periods of time under 1. Additional Living Ex-
pense, 2. Fair Rental Value and 3. Civil Authority
Prohibits Use above are not limited by expiration
of this policy.
E. Additional Coverages
1. Debris Removal
a. We will pay your reasonable expense for
the removal of:

(1) Debris of covered property if a Peril
Insured Against that applies to the
damaged property causes the loss;
or

(2) Ash, dust or particles from a volcanic
eruption that has caused direct loss
to a building or property contained in
a building.

This expense is included in the limit of

liability that applies to the damaged

property. If the amount to be paid for the
actual damage to the property plus the
debris removal expense is more than the
limit of liability for the damaged property,
an additional 5% of that limit is available
for such expense.

b. We will also pay your reasonable
expense, up to $1,000, for the removal
from the "residence premises" of:

(1) Your tree(s) felled by the peril of Wind
storm or Hail or Weight of Ice, Snow
or Sleet; or

(2) A neighbor's tree(s) felled by a Peril
Insured Against under Coverage C;

provided the tree(s):
(3) Damage(s) a covered structure; or

(4) Does not damage a covered struc-
ture, but:
(a) Block(s) a driveway on the "resi-
dence premises" which prevent(s)
a "motor vehicle", that is
registered for use on public roads
or property, from entering or leav-
ing the "residence premises"; or
(b) Block(s) a ramp or other fixture
designed to assist a handi-
capped person to enter or leave
the dwelling building.
The $1,000 limit is the most we will pay in any
one loss regardless of the number of fallen
trees. No more than $500 of this limit will be
paid for the removal of any one tree.

This coverage is additional insurance.

2. Reasonable Repairs
a. We will pay the reasonable cost incurred by

you for the necessary measures taken solely

to protect covered property that is damaged

by a Peril Insured Against from further

damage.

If the measures taken involve repair to other

damaged property, we will only pay if that

property is covered under this policy and the

damage is caused by a Peril Insured Against.

This coverage does not:

(1) Increase the limit of liability that applies to
the covered property; or

(2) Relieve you of your duties, in case of a
loss to covered property, described in
B.4, under Section I - Conditions.

SFH FL H3 08 02 Contains Copyrighted materials from Insurance Services Office, Inc. Page 5 of 233. Trees, Shrubs And Other Plants
We cover trees, shrubs, plants or lawns, on the
"residence premises", for loss caused by the
following Perils Insured Against:
a. Fire or Lightning;

Explosion;

Riot or Civil Commotion;

Aircraft;

Vehicles not owned or operated by a
resi-dent of the "residence premises";

f. Vandalism or Malicious Mischief; or

g. Theft.

We will pay up to 5% of the limit of liability that
applies to the dwelling for all trees, shrubs, plants
or lawns. No more than $500 of this limit will be
paid for any one tree, shrub or plant. We do not
cover property grown for "business" purposes.
This coverage is additional insurance.

Fire Department Service Charge

We will pay up to $500 for your liability assumed
by contract or agreement for fire department
charges incurred when the fire department is
called to save or protect covered property from a
Peril Insured Against. We do not cover fire
department service charges if the property is
located within the limits of the city, municipality or
protection district furnishing the fire department
response.

This coverage is additional insurance. No de-
ductible applies to this coverage.

Property Removed

We insure covered property against direct loss
from any cause while being removed from a
premises endangered by a Peril Insured Against
and for no more than 30 days while removed.

This coverage does not change the limit of |i-
ability that applies to the property being re-
moved.
Credit Card, Electronic Fund Transfer Card Or
Access Device, Forgery And Counterfeit
Money
a. We will pay up to $500 for:
(1) The legal obligation of an "insured" to pay
because of the theft or unauthorized use
of credit cards issued to or registered in

an "insured's" name;

(2) Loss resulting from theft or unauthorized
use of an electronic fund transfer card or
access device used for deposit, with-
drawal or transfer of funds, issued to or
registered in an "insured's" name;

(3) Loss to an "insured" caused by forgery or

paog

SFH FL H3 08 02

alteration of any check or negotiable
instrument; and
(4) Loss to an “insured” through acceptance
in good faith of counterfeit United States
or Canadian paper currency.
All loss resulting from a series of acts
committed by any one person or in which any
one person is concerned or implicated is
considered to be one loss.

This coverage is additional insurance. No
deductible applies to this coverage.

We do not cover:

(1) Use of a credit card, electronic fund
transfer card or access device:

(a) By a resident of your household;
(b) By a person who has been entrusted

with either type of card or access
device; or

(c) If an "insured" has not complied with
all terms and conditions under which
the cards are issued or the devices
accessed; or

(2) Loss arising out of "business" use or
dishonesty of an "insured".

If the coverage in a. applies, the following

defense provisions also apply:

(1) We may investigate and settle any claim
or Suit that we decide is appropriate. Our
duty to defend a claim or suit ends when
the amount we pay for the loss equals our
limit of liability.

(2) Ifa suit is brought against an "insured" for
liability under a.(1) or (2) above, we will
provide a defense at our expense by
counsel of our choice.

(3) We have the option to defend at our
expense an "insured" or an "insured's"
bank against any suit for the enforce-
ment of payment under a.(3) above.

7. Loss Assessment

a.

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We will pay up to $1,000 for your share of loss
assessment charged during the policy period
against you, as owner or tenant of the
"residence premises", by a corporation or
association of property owners. The as-
sessment must be made as a result of direct
loss to property, owned by all members
collectively, of the type that would be cov-
ered by this policy if owned by you, caused
by a Peril Insured Against under Coverage A,
other than:

(1) Earthquake; or

Page 6 of 23(2) Land shock waves or tremors before,

during or after a volcanic eruption

The limit of $1,000 is the most we will pay
with respect to any one loss, regardless
of the number of assessments. We will
only apply one deductible, per unit, to the
total amount of any one loss to the
property described above, regardless of
the number of assessments.

. We do not cover assessments charged

against you or a corporation or
association of property owners by any
governmental body.

Paragraph P. Policy Period under Section
I - Conditions does not apply to this
coverage.

to an "insured" prior to collapse
collapse;

(4) Weight of contents, equipment,
animals or people;

(5) Use of defective material or methods
in construction, remodeling or reno-
vation if the collapse occurs during
the course of the construction,
remodeling or renovation.

Loss to an awning, fence, patio, deck,
pavement, swimming pool, underground
pipe, flue, drain, cesspool, septic tank,
foundation, retaining wall, bulkhead, pier,
wharf or dock is not included under b.(2)
through (6) above, unless the loss is a
direct result of the collapse of a building

This coverage is additional insurance. or any part of a building.
8. Collapse d. This coverage does not increase the limit
a. With respect to this Additional Coverage: of liability that applies to the damaged

(1) Coll brupt fall covered property.
Ollapse means an abrupt ing ; :
down or caving in of a building or any 9. Glass Or Safety Glazing Material

part of a building with the result that a. We cover:

SFH FL H3 08 02

the building or part of the building
cannot be occupied for its current
intended purpose.

(2) A building or any part of a building
that is in danger of falling down or
caving in is not considered to be in a
state of collapse.

(3) A part of a building that is standing is
not considered to be in a state of col-
lapse even if it has separated from
another part of the building.

(4) A building or any part of a building
that is standing is not considered to
be in a state of collapse even if it
shows evidence of cracking, bulging,
sagging, bending, leaning, settling,
shrinkage or expansion.

. We insure for direct physical loss to cov-

ered property involving collapse of a

building or any part of a building if the

collapse was caused by one or more of

the following:

(1) The Perils Insured Against named
under Coverage C;

(2) Decay that is hidden from view,
unless the presence of such decay is
known to an "insured" prior to
collapse;

(3) Insect or vermin damage that is
hidden from view, unless the
presence of such damage is known

(1) The breakage of glass or safety
glazing material which is part of a
covered building, storm door or storm
window;

(2) The breakage of glass or safety
glazing material which is part of a
covered building, storm door or storm
window when caused directly by
earth movement; and

(3) The direct physical loss to covered
property caused solely by the pieces,
fragments or splinters of broken glass
or safety glazing material which is
part of a building, storm door or storm
window.

. This coverage does not include loss:

(1) To covered property which results be-
cause the glass or safety glazing
material has been broken, except as
provided in a.(3) above; or

(2) On the "residence premises" if the
dwelling has been vacant for more
than 60 consecutive days immed-
iately before the loss, except when
the breakage results directly from
earth movement as provided in a.(2)
above. A dwelling being constructed
is not considered vacant.

This coverage does not increase the limit

of liability that applies to the damaged
property.

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10. Landlord's Furnishings

We will pay up to $2,500 for your appliances,
carpeting and other household furnishings, in
each apartment on the "residence premises"
regularly rented or held for rental to others by
an "insured", for loss caused by a Peril
Insured Against in Coverage C, other than
Theft.

This limit is the most we will pay in any one
loss regardless of the number of appliances,
carpeting or other household furnishings in-
volved in the loss.

This coverage does not increase the limit of li-
ability applying to the damaged property.

11. Ordinance Or Law

a. You may use up to 25% of the limit of
liability that applies to Coverage A for the
increased costs you incur due to the en-
forcement of any ordinance or law which
requires or regulates:

(1) The construction, demolition, remod-
eling, renovation or repair of that part
of a covered building or other
structure damaged by a Peril Insured
Against;

(2) The demolition and reconstruction of
the undamaged part of a covered
building or other structure, when that
building or other structure must be
totally demolished because of
damage by a Peril Insured Against to
another part of that covered building
or other structure; or

(3) The remodeling, removal or replace-
ment of the portion of the undamaged
part of a covered building or other
structure necessary to complete the
remodeling, repair or replacement of
that part of the covered building or
other structure damaged by a Peril
Insured Against.

b. You may use all or part of this ordinance
or law coverage to pay for the increased
costs you incur to remove debris resulting
from the construction, demolition, remod-
eling, renovation, repair or replacement of
property as stated in a. above.

c. We do not cover:

(1) The loss in value to any covered
building or other structure due to the
tequirements of any ordinance or law;
or

(2) The costs to comply with any

ordinance or law which requires any
"insured" or others, to test for,
Monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any
way respond to, or assess the effects
of, pollutants in or on any covered
building or other structure.
Pollutants means any solid, liquid,
gaseous or thermal irritant or
contaminant, including smoke, vapor,
soot, fumes, acids, alkalis, chemicals
and waste. Waste includes materials
to be recycled, reconditioned or
reclaimed.

This coverage is additional insurance.

12. Grave Markers

We will pay up to $5,000 for grave markers,
including mausoleums, on or away from the
“residence premises" for loss caused by a
Peril Insured Against under Coverage C.

This coverage does not increase the limits of
liability that apply to the damaged covered
property.

SECTION | - PERILS INSURED AGAINST

A. Coverage A - Dwelling And Coverage B - Other
Structures

4.

2.

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We insure against risk of direct physical loss
to property described in Coverages A and B.

We do not insure, however, for loss:
a. Excluded