Preview
Filing # 124764347 E-Filed 04/12/2021 04:14:38 PM
IN THE CIRCUIT COURT OF THE 20™
JUDICIAL CIRCUIT, IN AND FOR LEE
COUNTY, FLORIDA
JOHN GIACCONE
AND SONIA RANSOM, CASE NO.:
Plaintiff,
v.
ST. JOHNS INSURANCE
COMPANY, INC.,
Defendant.
/
COMPLAINT FOR DAMAGES
Plaintiff, JOHN GIACCONE AND SONIA RANSOM (hereinafter the “Plaintiff’), hereby
sues Defendant, ST. JOHNS INSURANCE COMPANY, INC. (hereinafter the “Defendant”), and
states as follows:
PARTIES, JURISDICTION & VENUE
1. This is an action for damages under an insurance policy resulting from loss of
property wherein the amount in controversy exceeds Thirty Thousand Dollars ($30,000.00),
exclusive of costs, interest and attorney’s fees, and is therefore within the jurisdiction of this Court.
2. At all times material hereto, Plaintiff was insured by Defendant under a property
insurance policy issued by Defendant, was and is an individual over the age of eighteen (18) years
that owned real property in Lee County, Florida, and was otherwise sui juris.
3. At all times material hereto, Defendant was and is an insurance company authorized
to conduct and was in fact conducting business in Lee County, Florida.
4. Venue is proper in Lee County, Florida as Lee County, Florida is the locale where
the cause of action accrued.
Page 1 of 6
eFiled Lee County Clerk of Courts Page 15. All conditions precedent have been satisfied, discharged or waived.
GENERAL ALLEGATIONS
6. At all times material hereto, in consideration of the applicable premium, Defendant
issued to Plaintiff a property insurance policy bearing policy number $J31126155 (hereinafter the
“Policy”). A copy of the Policy is attached hereto as Exhibit A.
7. The Policy provided insurance coverage for the property located at 1711 South
West 45th Street, Cape Coral, Florida 33914 (hereinafter the “Property”).
8. Defendant insured the Property for damage including, but not limited to, damage
to the structure and its contents resulting from water damage, windstorm, fire, theft, and other
covered perils.
9. On or about June 25, 2020, while the Policy was in full force and effect, a covered
loss occurred to the Property, namely, windstorm damage (hereinafter the “Loss”).
10. Plaintiff timely filed a claim and notified Defendant of the Loss.
11. Defendant assigned claim number $T20207449 to the Loss (hereinafter the
“Claim”).
12. Plaintiff has fully cooperated in the investigation of the Claim.
13. Defendant was not prejudiced in its investigation. of the Claim.
14. Thereafter, Defendant wholly and improperly denied coverage for the Insured’s
Loss and Claim.
15. Plaintiff has suffered and continues to suffer as a result of the Loss.
COUNT I— BREACH OF CONTRACT
16. Plaintiff incorporates the allegations set forth in paragraphs one (1) through fifteen
(15) as if fully set forth herein.
Page 2 of 6
eFiled Lee County Clerk of Courts Page 217. The Policy provides coverage for direct physical loss to the Property.
18. Plaintiff and Defendant entered into a written contract, the Policy, wherein Plaintiff
agreed to pay a premium and Defendant agreed to insure the Property.
19. Plaintiff has paid all premiums due and owing.
20. Plaintiff satisfied all post-loss obligations in compliance with the terms and
conditions of the Policy.
21. Defendant breached its contractual obligations in the Policy by failing to make
payment for the Claim sufficient to return the Property to a pre-loss condition, as required by the
Policy.
22. Defendant’s failure to pay the full amount of the Claim is contrary to the terms of
the Policy and is a breach of the Policy.
23. As a result of Defendant’s breach, Plaintiff has been damaged in an amount to be
determined at trial.
24. As a direct and proximate cause of Defendant’s acts and omissions, Plaintiff has
been forced to retain the services of undersigned counsel and Defendant is responsible for paying
a reasonable attorney’s fees pursuant to Florida Statutes §627.428 or §626.9373.
WHEREFORE, Plaintiff prays for damages, pre-judgment interest, attorney’s fees
pursuant to Florida Statute §627.428 or §626.9373, costs as the prevailing party, and any other
relief this Honorable Court deems fair and proper.
Page 3 of 6
eFiled Lee County Clerk of Courts Page 3DEMAND FOR JURY TRIAL
Plaintiff hereby demands a jury trial against Defendant on all issues so triable.
[NOTICE OF COMPLIANCE ON FOLLOWING PAGE]
Page 4 of 6
eFiled Lee County Clerk of Courts Page 4NOTICE OF COMPLIANCE WITH FLORIDA RULE OF JUDICIAL
ADMINISTRATION RULE 2.516
Plaintiff, by and through undersigned counsel, file this Notice of Compliance with Judicial
Administration Rule 2.516 and hereby designates the following email address as the sole email
addresses for transmitting electronic service documents on behalf of Daniel Rosenbaum, Esquire:
PRIMARY EMAIL for Service of Pleadings and Court Documents only:
DRosenbaum@HLLawgroup.com
SECONDARY EMAIL:
Service@HLLawgroup.com
TERTIARY EMAIL for correspondence and scheduling:
SJames@HLLawGroup.com
Transmittal of court documents to the above-designated email addresses must be made in
order for service to be proper and effective, however, please use the attorneys’ regular email
addresses for all other communications.
DATED this 12" day of April, 2021.
HL LAW GROUP, P.A.
By:__/s/ Daniel Rosenbaum
Daniel Rosenbaum, Esquire
FBN: 123674
Attorney for Plaintiff
2601 East Oakland Park Boulevard, Suite 503
Fort Lauderdale, Florida 33306
Telephone: (954) 713-1212
Facsimile: (954) 760-4239
Primary Email: | DRosenbaum@HLLawGroup.com
Secondary Email: Service@HLLawGroup.com
Tertiary Email: = SJames@HLLawGroup.com
Page 5 of 6
eFiled Lee County Clerk of Courts Page 5EXHIBIT A
Page 6 of 6
eFiled Lee County Clerk of Courts Page 6©) ST. JOHNS
6675 Westwood Blvd., Suite 360
Orlando, FL 32821
Homeowners Policy Declaration
Policy Generation
Customer Service: 1-800-748-2030
Claim Reporting: 1-877-748-2059
Named Insured and Mailing Address:
John Giaccone
Sonia Ransom
1711 SW 45th St
Cape Coral, FL 33914-6214
Phone Number: (239)462-3589
[Policy Number: SJ31126155 Policy Effective Date: 10/14/2019
[Process Date: 10/28/2020 11:18 AM__ Policy Expiration Date: 10/14/2020 12:01 AM at property address
Agency: 9918692
McGriff Insurance Services Inc
Address:
7701 Airport Center Dr # 1800
Greensboro, NC 27409
Phone Number: (239)433-4535,
Email Address: insuranceprocessingcenter@mcgriffinsurance.c
Change Reason(s): Policy Copy - ST20207449
Effective Date: 6/25/2020
In return for the payment of premium, coverage is provided where premium and limit of liability are shown. Flood coverage
is not provided by this policy.
Location(s) of Property Insured: 1711 SW 45th St
Cape Coral, FL 33914-6214
Property Characteristics:
Form: HO-3 Protection Class: 03 BCEG: 03
Rating Tier: Preferred Construction Type: Reinforced Occupancy: Owner
Masonry
Territory: 554 - Lee - Month/Year Built: 08/2005 Usage: Primary
Remainder
County: 0071-Lee County Structure Type: Dwelling Number of Families: 1 Family
Burglar Alarm: None Fire Alarm: None Automatic Sprinklers: None
Roof Year: 2005
Mitigation Characteristics:
Building Code Indicator: 2001 FBC - Built 03/2002 Opening Protection: All Exterior Openings Lg
or later (A) Missile Qlb (A)
Roof Cover and Attachment: 2001 FBC or roof permit
3/2002 or later (A)
Roof Deck Attachment: 8d @ 6"/6" or Dimensional
Lumber (C)
Roof Wall Connection: Single Wraps (C)
Secondary Water Resistance: SWR (A)
Roof Geometry: Hip Roof (A)
Gable End Bracing:
Hurricane Deductible: 2% = $ 6,597
All Other Peril Deductible: $2,500
Hat Borm
AUTHORIZED COUNTERSIGNATURE 10/28/2020
Company Copy
SJDEC 05 11
Page 1 of 4
eFiled Lee County Clerk of Courts Page 7Homeowners Policy Declaration
Fi ti
©) Slik JOHNS olicy Generation
INSURAN E
6675 Westwood Blvd., Suite 360 Customer Service: 1-800-748-2030
Orlando, FL 32821 Claim Reporting: 1-877-748-2059
[Policy Number: SJ31126155 Policy Effective Date: 10/14/2019
[Process Date: 10/28/2020 11:18 AM__ Policy Expiration Date: 10/14/2020 12:01 AM at property address
Policy Premium: $1,405.00 _Fees/Assessments: $27.00 Total Annual Premium: $1,432.00
IN CASE OF LOSS WE COVER ONLY THAT PART OF THE LOSS OVER THE DEDUCTIBLE AMOUNT.
PLEASE SEE IMPORTANT NOTICES ON PAGE 3.
Coverage Limit Premium
Coverage A - Dwelling $329,846 $2,856.00
Coverage B - Other Structures $6,597 Included
Coverage C - Personal Property $115,446 ($49.00)
Coverage D - Loss Of Use $32,985 Included
Coverage E - Personal Liability $300,000 $24.00
Coverage F - Medical Payments $3,000 Included
Total Basic Premium: $2,831.00
Additional Coverages/Endorsements/Exclusions Limit Premium
SJJ1 08 09 - Homeowners Policy Jacket Included
SJ PRV 08 09 - Privacy Notice Included
SJ OC 12 11 - Outline of Coverage - Homeowners Policy Included
SJ HO 100 12 13 - Special Provisions - Florida Included
SJ HO 101 02 16 - Animal Liability Exclusion Included
SJ HO 105 04 15 - Home Day Care Exclusion Included
SJ HO 160 05 11 - Catastrophic Ground Cover Collapse Included
SJ DO 10 05 - Deductible Options Notice Included
HO 00 03 10 00 - Homeowners 3 - Special Form Included
SJ HO LO 10 05 - Important Information Regard Law and Ordinance Included
OIR-B1-1655 02 10 - Notice Premium Discount for Hurricane Loss Mitigation Included
OIR-B1-1670 01 06 - Checklist of Coverages Included
IL P 001 01 04 - OFAC Advisory Notice Included
SJ HO 120 12 03 - Existing Damage Exclusion Endorsement Included
SJ HO 04 90 05 08 - Personal Property Replacement Cost $151.00
HO 03 33 05 03 - Fungi, Wet or Dry Rot, or Bacteria $25,000/50,000 $80.00
Increased Amount of Sec | Property
Coverage
HO 03 34 05 03 - Limited Fungi, Wet or Dry Rot or Bacteria Coverage Sec Il Included
Liability
HO 03 51 01 06 - Calendar Year Hurricane Deductible Included
SJ HO HE 10 11 - Screened Enclosure - Hurricane $17,600 $170.00
HO 05 99 05 03 - Water Backup and Sump Discharge or Overflow $5,000 $25.00
Total Endorsement Premium: $426.00
Discounts and Surcharges Premium
Company Copy (section continued on page 3) SJDEC 05 11
Page 2 of 4
eFiled Lee County Clerk of Courts Page 8Homeowners Policy Declaration
©) Slik Jo H N S Policy Generation
6675 Westwood Bivd., Suite 360 Customer Service: 1-800-748-2030
Orlando, FL 32821 Claim Reporting: 1-877-748-2059
[Policy Number: SJ31126155 Policy Effective Date: 10/14/2019
[Process Date: 10/28/2020 11:18 AM__ Policy Expiration Date: 10/14/2020 12:01 AM at property address
Mitigation Credit $1,852.00
Total Discounts and Surcharges: $1,852.00
Fees and Assessments Premium
Emergency Management Trust Fund Surcharge $2.00
MGA Policy Fee $25.00
Total Fees And Assessments: $27.00
Hurricane Premium sub-total: $937.00 Non-Hurricane Premium sub-total: $468.00
Total Premium: $1,432.00
MORTGAGEE(S):
Name and Address: Iberia Bank
Isaoa
PO Box 12440
Iberia, LA 70562
Assigned To: 1711 SW 45th St, Cape Coral, FL, 33914-6214 Interest Type: Mortgagee
Reference #: 6900149698 Rank: 1 Payor: No
Remarks:
Name and Address: Synovus Bank
Isaoa/Atima
PO Box 200016
Kennesaw, GA 30156-9248
Assigned To: 1711 SW 45th St, Cape Coral, FL, 33914-6214 Interest Type: Mortgagee
Reference #: 9970025880-1 Rank: 2 Payor: No
Remarks:
OTHER INTEREST(S):
None
NOTICES
THIS REPLACES ALL PREVIOUSLY ISSUED POLICY DECLARATIONS, IF ANY. THIS POLICY APPLIES ONLY TO
ACCIDENTS, OCCURRENCES, OR LOSSES WHICH HAPPEN DURING THE POLICY PERIOD SHOWN ABOVE.
A rate adjustment of 9.9% is included to reflect building code grade in your area. Adjustments range from 2% surcharge
to 14% credit.
A rate adjustment of 76% credit is included to reflect the Windstorm Mitigation Device Credit. This credit applies only to
the wind portion of your premium. Adjustments range from 0% to 90% credit.
Company Copy SJDEC 05 11
Page 3 of 4
eFiled Lee County Clerk of Courts Page 9Homeowners Policy Declaration
¢) Slik JO H N S Policy Generation
6675 Westwood Blvd., Suite 360 Customer Service: 1-800-748-2030
Orlando, FL 32821 Claim Reporting: 1-877-748-2059
Policy Number: SJ31126155 Policy Effective Date: 10/14/2019
Process Date: 10/28/2020 11:18 AM __ Policy Expiration Date: 10/14/2020 12:01 AM at property address
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS
AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE
AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER
THE PURCHASE OF FLOOD INSURANCE. YOUR
HOMEOWNERS INSURANCE POLICY DOES NOT INCLUDE
COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN
IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO
OCCUR. WITHOUT SEPARATE FLOOD INSURANCE
COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED
BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE
SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR
INSURANCE AGENT.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER
COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND
UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE
COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL
COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.
Company Copy SJDEC 05 11
Page 4 of 4
eFiled Lee County Clerk of Courts Page 10ST. JOHNS
I N U CE
S RAN
This Policy Jacket with the Policy Form Declarations Page and
Endorsements, if any, issued to form a part thereof, completes the policy
as numbered on the Declarations Page.
YOUR HOMEOWNERS POLICY DOES NOT PROVIDE
COVERAGE FOR DAMAGE TO YOUR PROPERTY
CAUSED BY FLOOD. YOUR AGENT CAN HELP YOU
PROCURE A SEPARATE FLOOD POLICY THROUGH
THE NATIONAL FLOOD INSURANCE PROGRAM.
SJ J1 08 09
eFiled Lee County Clerk of Courts Page 11To Report a Claim:
B17 72/48=2059
POLIGY PROVISION: All premiums for this insurance shall be computed in
accordance with St. Jonns Insurance Company's rules, forms, rating plans, premiums
and minimum premiums applicable to the insurances afforded herein which are in
effect at the inception of the insurance and, each anniversary thereof, including the
date of interim changes.
IN WITNESS WFIEREO®, the insured Identified on the reverse hereof has cuased
this instrument to be signed by its President.
GoeEooan
Reese J, Bowen
President
St. Johns Insurance Company
8J J1 08 09
eFilad Lee County Clark of Courts Page 12St. Johns Insurance Company, Inc.
Privacy Policy Notice
(as of 08/13/09)
This Privacy Policy identifies the personal information we collect and hold. It describes how we
use, share and protect it. It also explains how to contact us if you have any questions regarding this
Privacy Policy or the personal information collected about you. The Privacy Policy applies to personal
information collected from or about former customers and current customers.
1. Information we collect
Based on our relationship with you, we collect certain personal information from and about you.
The information collected is adequate, relevant and appropriate for the particular insurance product or
services for which you have applied or obtained from us. For example, we may collect or verify
personal information from or about you from the sources and of the type indicated below.
e From applications, forms, your communications (including electronic
communications) and other interactions - information including, without limitation,
your name, address, email address, telephone number, Social Security or other
identification number, and property to be insured.
¢ From your transactions with us or others, as permitted by law -information including,
without limitation, payment history, past premiums, claims history, credit history where
relevant, and loss information reports.
2. How we use your information
We use personal information to provide, maintain, service and process the products and
services we provide to you or which you request from us. This may include, but are not limited to,
using it to (a) evaluate your insurance requests; (b) process, service and maintain policies and
transactions; (c) administer and investigate claims; (d) resolve disputes; (e) prevent fraud;
(f) monitor and archive communications; or (g) perform risk control, including obtaining reinsurance.
Additionally, we may use your personal information (a) in accordance with applicable law; (b) to
verify your identity when you inquire regarding a product furnished by us to you; or (c) to comply with
legal and regulatory requirements.
3. Information we may share with or disclose to affiliated and nonaffiliated third parties
We do not rent or sell personal information. We share or disclose personal information to
affiliates and nonaffiliates to effect, administer or enforce a transaction that you requested or
authorized. We also share or disclose information to affiliated and nonaffiliated third parties (a) in
connection with servicing or processing an insurance product or service that you requested or
authorized or maintaining or servicing your account or (b) to comply with our obligations or assert our
rights as an insurer. For example, we may share or disclose personal information to these affiliated or
nonaffiliated third parties to assist us in the following:
© Processing, billing or collecting premiums or amounts due to us
e Underwriting coverage
e Determining benefits
e Administering, processing, investigating or servicing claims
e Determining the coverage risk
SJ PRV 08/09 Page 1 of 2
eFiled Lee County Clerk of Courts Page 13e Investigating and preventing fraud or material misrepresentation
e Providing services required of an insurer.
In addition, these affiliated and nonaffiliated third parties help us by (a) mailing policy statements and
other information for us; (b) verifying information or coverage, including identity; (c) developing,
operating and maintaining our services and systems; and (d) assessing risk.
These affiliated and nonaffiliated third parties are required to (a) protect the confidentiality and
security of personal information and (b) use the personal information only for the purposes for which
we retain them and in accordance with this Privacy Policy.
4. Information we may share or disclose as required by law
We may also share or disclose personal information to (a) government agencies and regulatory
and law enforcement authorities in accordance with federal, state and local law or (b) as otherwise
required by law.
5. How we protect the confidentiality and security of personal information
We have implemented a program which includes administrative, technological and physical
procedures to protect personal information. We utilize, in addition to other measures, the following:
People. We educate our employees to treat personal information with care. We work to limit
its access to those who need it for the purposes stated in this Privacy Notice.
Policies and Procedures. We maintain, monitor, and update our physical, electronic and
procedural safeguards. We comply with applicable regulations to protect personal
information.
eSecurity. We take reasonable technical and organizational security measure, under the
circumstances, to keep personal information confidential. We secure personal information
against unauthorized or unlawful access, and to prevent loss, destruction, or damage.
eCommitment. We require any person or organization providing products or services on our
behalf to protect personal information that is provided to them or to which they have access
from or through us.
6. Changes to Privacy Policy
We reserve the right to change this Privacy Policy, at any time. We will send you a revised
Privacy Policy if we materially change it. For example, should we intend to (a) provide personal
information, for a purpose or use not referenced in this Privacy Policy or (b) disclose or share personal
information to others for a purpose or use not referenced in this Privacy Policy, we will notify you of the
change.
7. Your rights
You have the right to obtain from us the personal information we have collected regarding you
and to correct such information.
8. Contact Us
If you have any questions regarding this Privacy Policy Notice, you may contact us via e-mail at
info@stjohnsinsurance.com or by telephone at 866.304.7779.
SJ PRV 08/09 Page 2 of 2
eFiled Lee County Clerk of Courts Page 14St. Johns Insurance Company
OUTLINE OF COVERAGE — HOMEOWNERS POLICY
This outline is provided to help you more easily
understand your St. Johns Insurance Company
Homeowners Policy. It highlights the major coverages,
exclusions, limitations and deductibles of your policy
and provides information on discounts, surcharges,
cancellation and nonrenewal. However this is just a
guide and not a legal contract. Please read your
Homeowners policy carefully for complete
descriptions and details.
The following Outline is for informational purposes only.
Florida law prohibits the Outline form changing any of
the provisions of the insurance contract, which is the
subject of this Outline. Any endorsement including
changes in types of coverage, coverage limits,
exclusions, deductibles, renewal or cancellation
provisions, surcharges, credits, or any other changes
will be sent separately.
SECTION I - PROPERTY COVERAGE
Coverage A — Dwelling
Applies to your residence premises, protects your
dwelling and structures attached to your dwelling.
It also protects against covered loss to building
materials located on your residence premises, which
are being used in connection with your residence
premises. The Coverage A amount shown on your
policy declarations should reflect the cost replacing
your home at current construction costs.
Coverage B — Other Structures
Protects against covered loss to structures on your
residence premises other than the primary dwelling.
Unattached garages, storage buildings are collectively
covered up to the Coverage B limit shown on the policy
declarations.
Coverage C — Personal Property
Protects against covered loss to your personal property
such as clothing and furniture. Special limits apply to
some types of personal property including but not
limited to: money, securities, watercraft, firearms,
silverware electronic devices business property and
theft of jewelry. Under certain circumstances, the
property of others may be covered.
There are also some items not covered under
Coverage “C”. Examples include animals, motorized
vehicles, property in a rental unit and property of
roomers, boarders, or other tenants.
Coverage D — Additional Living Expense
Protects against loss resulting from any additional living
expenses you incur while you are temporarily unable to
live at your home because of a covered loss. Payment
would include such items as temporary lodging and
increased costs for food. However, coverage is limited
to 12 consecutive months from the date of loss and
other specified limitations.
SJ OC 12 11 Page 1 of 3
ADDITIONAL COVERAGE
The following additional coverages are extended
through the Homeowners Insurance Policy. Refer to
your policy to determine specific limits or limitations:
Debris Removal
Reasonable Repairs
Trees, Shrubs and Other Plants
Fire Department Service Charge
Property Removed
Credit Card, Fund Transfer Card, Forgery
Counterfeit Money
Loss Assessment
Collapse
Glass or Safety Glazing Material
Landlords Furnishings
Fungi, Wet or Dry Rot, or Bacteria
PERILS INSURED AGAINST
This policy insures to the limits of Coverages "A’”, “B”
and “C”, against sudden and accidental direct physical
losses except as limited or excluded by your policy,
caused by:
Fire or lightening
Windstorm or hail
Explosion
Riot or civil commotion
Aircraft
Vehicles
Smoke
Vandalism or malicious mischief
Theft (on premises only)
Falling objects
Accidental discharge or overflow of water
Freezing of plumbing or household appliances
Catastrophic Ground Cover Collapse
Note: (1) If your property is located in an area
eligible for a Wind Coverage Policy from the
Citizens Property Insurance Corporation,
“Windstorm or Hail” coverage must be excluded
from your policy. Be sure to obtain this important
coverage if it has been excluded from your policy.
Note: (2) Flood Coverage is not provided by your
Homeowners Policy. Flood Coverage is available
thru the National Flood Insurance Program. Your
Insurance Agent can assist you in obtaining this
valuable protection.
PROPERTY EXCLUSIONS
This policy does not provide protection under
Coverages “A”, “B” and “C’”, if applicable to your policy
for losses resulting in any manner from:
Ordinance or Law (in excess of 25% of Coverage “A”)
Earth Movement, other than a covered sinkhole
collapse
Flood, or surface water
Water below ground surface
eFiled Lee County Clerk of Courts Page 15St. Johns Insurance Company
OUTLINE OF COVERAGE
Water which backs up through sewers, drains or
Overflows from sump pumps
Off Premises Power Failure
Neglect
War or Nuclear Hazard
Intentional or Criminal Acts
SECTION II — LIABILITY COVERAGE
Coverage E - Personal Liability
Generally provides coverage for bodily injury or
property damage you or a person insured under your
policy are legally obligated to pay. The bodily injury or
property damage must arise from an occurrence
covered under Section II of your policy. Coverage is
excluded for intentional acts, business activities,
professional services, abuse and acts arising from use
of a controlled substance and specific coverage sub
limits may be applied in specific circumstances.
Coverage for Animal Liability and Home Day Care
Operations are excluded from coverage by specific
endorsement.
Coverage F — Medical Payments To Others
Provides coverage for reasonable and necessary
medical expenses if a guest is injured on your premises
or off the insured premises under certain
circumstances. The bodily injury must arise from an
occurrence covered under Section II of your policy with
limited exceptions.
Note: Coverage “E” Personal Liability and Coverage
“F” Medical Payments To Others do not apply to
“Bodily Injury” or “Property Damage” arising out of the
ingestion or inhalation or lead on any form of
substance. Injury resulting from exposure to radon and
pollutants are also excluded.
NONRENEWAL AND CANCELLATION PROVISIONS
All cancellations are granted a pro-rata return of
premium. Pro-rata means no penalty for early
cancellation.
Your Right To Cancel
You may cancel the policy at any time, for any reason,
by giving advance written notice of the future
cancellation effective date.
Our Right To Cancel
If your policy has been in effect for 90 days or less and
the insurance is cancelled for other than nonpayment
of premium, we may cancel for any valid reason by
giving you at least 20 days notice before the
cancellation effective date. Except where there has
been a material misstatement, misrepresentation, or
failure to comply with underwriting requirements
established in the first 90 days, then we may cancel
immediately.
If your policy has been in effect over 90 days, or if your
policy is a renewal with us, we may cancel your policy
for only a limited number of reasons by giving you at
least 100 days advance written notice before the
cancellation becomes effective.
SJOC 1211 Page 2 of 3
— HOMEOWNERS POLICY
For any cancellation that would be effective between
June 1 and November 30, we will mail written notice at
least 100 days or by June 1, which ever is earlier,
before the cancellation becomes effective.
If the cancellation is due to nonpayment of premium,
we will give you at least 10 days advance written
notice.
Unless the cancellation is due to nonpayment of
premium, we will provide you with at least one hundred
twenty (120) days written notice prior to the effective
date of cancellation in the event you have been insured
by us or an affiliate for a period of at least five (5)
consecutive years immediately prior to the issuance of
the notice.
Nonrenewal
If we do not intend to renew your policy we will mail
notice to you at least 100 days before the expiration
date of the policy.
For any nonrenewal that would be effective between
June 1 and November 30, we will mail the notice by at
least 100 days or by June 1, whichever is earlier,
before the expiration date of the policy.
We will provide you with at least one hundred twenty
(120) days written notice prior to the effective date of
nonrenewal in the event you have been insured by us
or an affiliate for a period of at least five (5) consecutive
years immediately prior to the issuance of the notice.
PREMIUM CREDITS
The following are premium credits available on your
Homeowners Policy. Your policy Declarations page will
show which or these credits, if any apply to your policy.
Protective Devices
If your home has a qualified central station burglar
alarm, central station fire alarm or automatic fire
sprinkler system, you are eligible for a premium credit.
Deductible Credits
A hurricane deductible of 2% and an All Other Perils of
$1,000 are standard. The deductible is the value of the
loss you must incur before this policy pays. Deductible
options greater than the standard deductibles may be
available at a premium credit. Deductibles less than
the standard deductibles may be available which will
result in premium increases. Contact your Agent to
explore your deductible options.
Building Code Compliance and Wind Mitigation
This credit is available on homes built in compliance
with the 2001 Florida Building Code designed to lessen
the effect of losses resulting from windstorms and
hurricanes.
Superior Construction
Certain homes of fire resistive and wind resistive
construction are eligible for a premium credit.
AVAILABLE POLICY OPTIONS
Personal Property Replacement Cost
Scheduled Personal Property
Deductible Options (see above)
Increased Liability and Medical Payments Limits
eFiled Lee County Clerk of Courts Page 16St. Johns Insurance Company
OUTLINE OF COVERAGE — HOMEOWNERS POLICY
Increased Limits and Special Coverage Condominiums
Increased Limits Personal Property
Increased Law and Ordinance
Increased Special sub limits for Fungi
Identity Theft
Wet or Dry Rot, or Bacteria - Increased Limits
Permitted Incidental Occupancies
Loss Assessment Coverage — Increased Limits
Other Structures — Increased Limits
Golf Cart Liability and Physical Damage
Personal Injury Liability
Water Back Up and Sump Discharge or Overflow
Sinkhole Loss Coverage
Animal Liability
Equipment Breakdown
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Homeowners
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIAL PROVISIONS — FLORIDA
DEFINITIONS
In paragraph B.8. of forms HO 00 03, HO 00 04 and HO
00 06, is replaced by the following:
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.”
All “bodily injury” or “property damage” that is
attributable directly or indirectly to one cause or to
one series of similar causes will be added together
and the total amount of such losses will be treated
as one occurrence irrespective of the period of time
or area over which such losses occur.
In paragraph B.3. of forms HO 00 03, HO 00 04 and HO
00 06, the entire definition of “Business” is replaced by
the following:
3. “Business”
occupation.
In paragraph B.6. “Insured Location” of forms HO 00
03, HO 00 04 and HO 00 06, B.6.f. is replaced by the
following:
f. Land owned by or rented to an “insured” on
which a one or two family dwelling is being
built as a residence for an “insured”;
In paragraph B.11. “Residence Premises” of forms
HO 00 03 and HO 00 04, B.11.c. is replaced by the
following:
c. That part of any other building;
Where you reside and which is shown as the
“residence premises” in the Declarations.
“Residence premises” also means a two family
dwelling where you reside in at least one of the
family units and which is shown as the
“residence premises” in the Declarations.
“Residence premises” also includes other
structures and grounds at that location.
The following definition is added:
“Fungi”
a. “Fungi” means any type or form of fungus,
including mold or mildew, and any mycotoxins,
spores, scents or by-products produced or
released by fungi.
b. Under Section II, this does not include any
fungi that are in, are on, or are contained in a
good or product intended for consumption.
includes trade, profession or
SJ HO 100 12 13
Includes copyrighted material of Insurance Services Office, inc., with its permission.
SECTION | - PROPERTY COVERAGES
COVERAGE A — DWELLING AND COVERAGE B
OTHER STRUCTURES
In form HO 00 03, the following is added:
This coverage does not apply to damage to aluminum
framed screened enclosures due to hurricane.
The following is added to Forms HO 00 03 and HO 00
06.
Special Limits of Liability
Cosmetic and Aesthetic Damage to Floors
The total limit of liability for Coverages A and B
(Coverage A in form HO 00 06) combined is $10,000
per policy period for cosmetic and aesthetic damages
to floors.
a. Cosmetic or aesthetic damage includes but is not
limited to:
1. Chips;
2. Scratches;
3. Dents; or
4. Any other damage to less than 5% of the total
floor surface area and does not prevent typical
use of the floor.
b. This limit includes the cost of tearing out and
replacing any part of the building necessary to
repair the damaged flooring.
c. This limit does not increase the Coverage A or
Coverage B limits of liability shown on the
declaration page.
d. This limit does not apply to cosmetic or aesthetic
damage to floors caused by a Peril Insured Against
as named and described for Coverage C Personal
Property.
B. Coverage B. — Other Structures.
Paragraph B.3. in form HO 00 03 is replaced by:
3. The limit of liability for this coverage will not be
more than 2% of the limit of liability that applies to
Coverage A. Use of this coverage does not reduce
the Coverage A limit of liability.
Coverage C — Personal Property - In forms HO 00
03, C.3. (HO 00 04 is A.3., HO 00 06 is B.3. and
Endorsement HO 17 51 is B.3.) is replaced by the
following:
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
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C limit of liability.
a. $200 on:
(1) Money;
(2) Bank notes;
(3) Bullion;
(4) Gold other than goldware;
(5) Silver other than silverware;
(6) Platinum other than platinumware;
(7) Coins;
(8) Medals;
(9) Scrip;
(10) Stored value cards; and
(11) Smart cards.
$1,000 on:
(1) Securities;
(2) Accounts;
(3) Deeds;
(4) Evidences of debt;
(5) Letters of credit;
(6) Notes other than bank notes;
(7) Manuscripts;
(8) Personal records;
(9) Passports;
(10) Tickets; and
(14) 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, replace or
restore the information from the lost or damaged
material.
c
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$1,000 on watercraft of all types, including
their:
(1) Trailers;
(2) Furnishings;
(3) Equipment; and
(4) Outboard engines or motors.
$1,000 on trailers or semitrailers not used with
watercraft of all types.
$1,000 for loss by theft of:
(1) Jewelry;
(2) Watches;
(3) Furs;
(4) Precious and semiprecious stones.
$2,000 for loss by theft of firearms.
$2,000 for loss by theft of:
(1) Silverware;
(2) Silver-plated ware;
(3) Goldware;
(4) Gold-plated ware;
(5) Platinumware;
(6) Platinum-plated ware; and
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Homeowners
SJ HO 100 12 13
(7) Pewterware.
This includes:
(1) Flatware;
(2) Hollowware;
(3) Tea sets;
(4) Trays; and
(5) Trophies:
Made of or including silver, gold or pewter.
$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
accessories, 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:
(1) Antennas;
(2) Tapes;
(3) Wires;
(4) Records;
(5) Discs; or
(6) Other media that can be used with any
apparatus described in this Category j.
$1,000 on electronic apparatus and
accessories 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:
(1) Antennas;
(2) Tapes;
(3) Wires;
(4) Records;
(5) Discs; or
(6) Other media that can be used with any
apparatus described in this Category k.
D. Coverage D. — Loss of Use.
Paragraph 1. in form HO 00 03 (B.1. in form HO 00 04,
C.1, in form HO 00 06) is replaced by the following:
Additional Living Expense.
lf a loss covered under Section | makes that part of
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eFiled Lee County Clerk of Courts Page 20St. Johns Insurance Company
the “residence premises” where you reside not fit to
live in or if loss to the building containing the
property makes the “residence premises” 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.
In any event, the payment(s) will be limited to 24
consecutive months from the date of the covered
loss.
E. Additional Coverages.
Paragraph 1.b. Debris Removal in form HO 00 03
(C.1.b. in form HO 00 04, D.1.b. in form HO 00 06) is
replaced by:
b. We will also pay your reasonable expense, up
to $500, for the removal from the “residence
premises” of:
(1) Your tree(s) felled by the peril of
Windstorm 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 structure, but:
(a) Block(s) a driveway on the “residence
premises” which prevent(s) a “motor
vehicle,” that is registered for use on
public roads or property, from entering
or leaving the “residence premises”; or
(b) Block(s) a ramp or other fixture
designed to assist a handicapped
person to enter or leave the dwelling
building.
The $500 limit is the most we will pay in any
one loss regardless of the number of fallen
trees.
This coverage is additional insurance.
In form HO 00 06, 7. Loss Assessment is deleted and
replaced by the following:
7.
11.
Homeowners
SJ HO 100 12 13
Loss Assessment
a. We will pay up to $2,000 for your share of
property 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 any
single direct loss to property, owned by all
members of the corporation or association col-
lectively, of the type that would be covered by
this policy if owned by you, caused by a Peril
Insured Against under Coverage A, other than:
(1) Earthquake; or
(2) Land shock waves or tremors before, dur-
ing or after a volcanic eruption.
The limit of $2,000 is the most we will pay with
respect to any one loss, regardless of the
number of assessments. No deductible ap-
plies.
b. We do not cover assessments charged against
you or a corporation or association of property
owners by any governmental body.
c. Paragraph P. Policy Period under Section! —
Conditions does not apply to this coverage.
d. The maximum amount of any unit owner's
loss assessment coverage that can be
assessed for any loss shall be an amount
equal to that unit owner's loss assessment
coverage limit in effect one day before the date
of the occurrence. Any changes to the limits
of a unit owner's coverage for loss assessment
made on or after the day before the date of the
occurrence are not applicable to such loss.
Ordinance Or Law.
Paragraph 11.a. in forms HO 00 03 and HO 00 04
(10.a. in form HO 00 06) is replaced by the
following:
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 enforcement of any
ordinance or law which requires or regulates:
(1) The construction, demolition, remodeling,
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 replacement of
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the portion of the undamaged part of a
covered building or other structure
necessary to complete the remodeling,
fepair or replacement of that part of the
covered building or other structure
damaged by a Peril Insured Against.
(With respect to form HO 00 04 the words
Coverage A, refers to Additional Coverages
item 10.)
Paragraph 12. Grave Markers in forms HO 00 03 and
HO 00 04 (11. in form HO 00 06) is deleted.
The following Additional Coverage is added:
“Fungi,” Wet Or Dry Rot, Or Bacteria.
a. We will pay up to $10,000 for:
(1) The total of all loss payable under Section
| — Property Coverages caused by
“fungi,” wet or dry rot, or bacteria;
(2) The cost to remove “fungi,” wet or dry rot,
or bacteria from property covered under
Section | —- Property Coverages;
(3) The cost to tear out and replace any part
of the building or other covered property as
needed to gain access to the “fungi,” wet
or dry rot, or bacteria; and
The cost of testing of air or property to
confirm the absence, presence, level of
“Fungi,” Wet or Dry Rot or Bacteria
whether performed prior to, during or after:
(a) Removal;
(b) Repair;
(c) Restoration; or
(d) Replacement.
The cost of such testing will be provided
only to the extent that there is a reason to
believe that there is the presence of “fungi,”
wet or dry rot, yeast or bacteria.
b. The coverage described in a. only applies
when:
(1) Such loss or costs are a result of a Peril
Insured Against that occurs during the
policy period; and
(2) Only if all reasonable means were used to
save and preserve the property from further
damage at and after the time the Peril
Insured Against occurred.
c. $10,000 is the most we will pay for the total of
all loss or costs payable under this Additional
Coverage regardless of the:
(1) Number of locations insured; or
(2) Number of claims made.
d. If there is covered loss or damage to covered
property, not caused, in whole or in part, by
“fungi,” wet or dry rot, or bacteria:
(4
Homeowners
SJ HO 100 12 13
Loss payment will not be limited by the terms
of this Additional Coverage, except to the
extent that “fungi,” wet or dry rot, or bacteria
causes an increase in the loss.
Any such increase in the loss will be subject
to the terms of this Additional Coverage.
This coverage does not increase the limit of liability
applying to the damaged covered property.
SECTION I —- PERILS INSURED AGAINST
In Form HO 00 03:
A. Coverage A — Dwelling And Coverage B -
Other Structures.
Paragraph 2.c.(4) is replaced by the following:
(4) Vandalism or malicious mischief, and any
ensuing loss caused by any intentional
and wrongful act committed in the course
of the vandalism or malicious mischief, if
the dwelling has been vacant for more than
30 consecutive days immediately before
the loss.
A dwelling being constructed is not
considered vacant.
Paragraph 2.c.(5) is replaced by the following:
(5) Constant or repeated seepage or leakage
of water or the presence or condensation
of humidity, moisture or vapor, over a
period of weeks, months or years unless:
Such seepage or leakage of water or the
Presence or condensation of humidity,
moisture or vapor and the resulting
damage;
(a) Is unknown to all “insureds”; and
(b) Is hidden within the walls or ceilings or
beneath the floors or above the
ceilings of a structure.
Paragraph 2.c.(6)(c) is replaced by the following:
(c) Smog, rust or other corrosion;
B. Coverage C — Personal Property.
12. Accidental Discharge Or Overflow Of
Water Or Steam.
Paragraph b.(4) is replaced by the following:
(4) Caused by constant or repeated seepage
or leakage of water or the presence or
condensation of humidity, moisture or
vapor, over a period of weeks, months or
years unless:
Such seepage or leakage of water or the
presence or condensation of humidity,
moisture or vapor and the resulting
damage;
(a) Is unknown to all “insureds”; and
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eFiled Lee County Clerk of Courts Page 22SJ HO 100 12 13
St. Johns Insurance Company
(b) Is hidden within the walls or ceilings or
beneath the floors or above the
ceilings of a structure.
In Forms HO 00 04 and HO 00 06:
Paragraph 8. is replaced with the following:
8. This peril does not include loss to property on
the “residence premises,” and any ensuing
loss caused by any intentional and wrongful
act committed in the course of the vandalism
or malicious mischief, if the dwelling has been
vacant for more than 30 consecutive days
immediately before the loss.
A dwelling being constructed is not considered
vacant.
12. Accidental Discharge Or Overflow Of
Water Or Steam.
Paragraph b.(5) in form HO 00 06 (b.(4) in form HO
00 04) is replaced by the following:
(5) To a building caused by constant or
tepeated seepage or leakage of water or
the presence or condensation of humidity,
moisture or vapor, over a period of weeks,
months or years unless:
Such seepage or leakage of water or the
presence or condensation of humidity,
moisture or vapor and the resulting damage;
(a) Is unknown to all “insureds”; and
(b) Is hidden within the walls or ceilings or
beneath the floors or above the ceilings
of a structure.
SECTION I - EXCLUSIONS
The following Exclusion is added.
“Fungi,” Wet Or Dry Rot, Or Bacteria.
“Fungi,” Wet Or Dry Rot, Or Bacteria meaning the
presence, growth, proliferation, spread or any
activity of “fungi,” wet or dry rot, or bacteria.
This Exclusion does not apply:
a. When “fungi,” wet or dry rot, or bacteria results
from fire or lightning; or
b. To the extent coverage is provided for in the
“Fungi,” Wet Or Dry Rot, Or Bacteria
Additional Coverage under Section I — Property
Coverages with respect to loss caused by a
Peril Insured Against other than fire or
lightning.
Direct loss by a Peril Insured Against resulting
from “fungi,” wet or dry rot, or bacteria is covered.
SECTION I —- CONDITIONS
B. Duties After Loss
Paragraph 7. is replaced by the following:
7. As often as we reasonably require:
Includes copyrighted material of Insurance Services Office, inc., with its permission.
Homeowners
SJ HO 100 12 13
a. Show “us” the property;
b. Provide “us” with the records and
documents we request and permit “us” to
make copies;
c. Any and all “insureds” must submit to
recorded statements when requested by
“us”,
d. In the county where the “residence
premises” is located “you,” “your” agents,
“your” representatives and any and all
“insureds” must submit to examinations
under oath and sign same when requested
by “us.”
e. Permit “us” to take samples of damaged
property for inspection, testing and
analysis; and
f. Any and all “insureds” must execute all
authorizations for the release of information
when requested by “us.”
C. Loss Settlement.
In Form HO 00 03:
Paragraph C.1.d. is deleted.
The first paragraph of C.2.d is replaced by the
following:
We will initially pay the actual cash value of the
loss, less any applicable deductible. We will then
pay any remaining amounts necessary to perform
the actual repair or replacement as work is
performed and expenses are incurred subject to
C.2.a. and b.. If a total loss occurs, we will pay
the full replacement cost without reservation or
holdback of any depreciation in value.
In form HO 00 06, Loss Settlement paragraph 2. is
replaced by the following:
2. Coverage A — Dwelling:
Is provided at the actual cost to repair or
replace.
We will initially pay the actual cash value of
the loss, less any applicable deductible. We
will then pay any remaining amounts
necessary to perform the actual repair or
replacement as work is performed and
expenses are incurred. If a total loss occurs
we will pay the full replacement cost without
reservation or holdback of any depreciation in
value.
In this provision the terms “repaired” or
“replaced” do not incl
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Filing # 124764347 E-Filed 04/12/2021 04:14:38 PM IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA JOHN GIACCONE AND SONIA RANSOM, CASE NO.: Plaintiff, v. ST. JOHNS INSURANCE COMPANY, INC., Defendant. / COMPLAINT FOR DAMAGES Plaintiff, JOHN GIACCONE AND SONIA RANSOM (hereinafter the “Plaintiff’), hereby sues Defendant, ST. JOHNS INSURANCE COMPANY, INC. (hereinafter the “Defendant”), and states as follows: PARTIES, JURISDICTION & VENUE 1. This is an action for damages under an insurance policy resulting from loss of property wherein the amount in controversy exceeds Thirty Thousand Dollars ($30,000.00), exclusive of costs, interest and attorney’s fees, and is therefore within the jurisdiction of this Court. 2. At all times material hereto, Plaintiff was insured by Defendant under a property insurance policy issued by Defendant, was and is an individual over the age of eighteen (18) years that owned real property in Lee County, Florida, and was otherwise sui juris. 3. At all times material hereto, Defendant was and is an insurance company authorized to conduct and was in fact conducting business in Lee County, Florida. 4. Venue is proper in Lee County, Florida as Lee County, Florida is the locale where the cause of action accrued. Page 1 of 6 eFiled Lee County Clerk of Courts Page 15. All conditions precedent have been satisfied, discharged or waived. GENERAL ALLEGATIONS 6. At all times material hereto, in consideration of the applicable premium, Defendant issued to Plaintiff a property insurance policy bearing policy number $J31126155 (hereinafter the “Policy”). A copy of the Policy is attached hereto as Exhibit A. 7. The Policy provided insurance coverage for the property located at 1711 South West 45th Street, Cape Coral, Florida 33914 (hereinafter the “Property”). 8. Defendant insured the Property for damage including, but not limited to, damage to the structure and its contents resulting from water damage, windstorm, fire, theft, and other covered perils. 9. On or about June 25, 2020, while the Policy was in full force and effect, a covered loss occurred to the Property, namely, windstorm damage (hereinafter the “Loss”). 10. Plaintiff timely filed a claim and notified Defendant of the Loss. 11. Defendant assigned claim number $T20207449 to the Loss (hereinafter the “Claim”). 12. Plaintiff has fully cooperated in the investigation of the Claim. 13. Defendant was not prejudiced in its investigation. of the Claim. 14. Thereafter, Defendant wholly and improperly denied coverage for the Insured’s Loss and Claim. 15. Plaintiff has suffered and continues to suffer as a result of the Loss. COUNT I— BREACH OF CONTRACT 16. Plaintiff incorporates the allegations set forth in paragraphs one (1) through fifteen (15) as if fully set forth herein. Page 2 of 6 eFiled Lee County Clerk of Courts Page 217. The Policy provides coverage for direct physical loss to the Property. 18. Plaintiff and Defendant entered into a written contract, the Policy, wherein Plaintiff agreed to pay a premium and Defendant agreed to insure the Property. 19. Plaintiff has paid all premiums due and owing. 20. Plaintiff satisfied all post-loss obligations in compliance with the terms and conditions of the Policy. 21. Defendant breached its contractual obligations in the Policy by failing to make payment for the Claim sufficient to return the Property to a pre-loss condition, as required by the Policy. 22. Defendant’s failure to pay the full amount of the Claim is contrary to the terms of the Policy and is a breach of the Policy. 23. As a result of Defendant’s breach, Plaintiff has been damaged in an amount to be determined at trial. 24. As a direct and proximate cause of Defendant’s acts and omissions, Plaintiff has been forced to retain the services of undersigned counsel and Defendant is responsible for paying a reasonable attorney’s fees pursuant to Florida Statutes §627.428 or §626.9373. WHEREFORE, Plaintiff prays for damages, pre-judgment interest, attorney’s fees pursuant to Florida Statute §627.428 or §626.9373, costs as the prevailing party, and any other relief this Honorable Court deems fair and proper. Page 3 of 6 eFiled Lee County Clerk of Courts Page 3DEMAND FOR JURY TRIAL Plaintiff hereby demands a jury trial against Defendant on all issues so triable. [NOTICE OF COMPLIANCE ON FOLLOWING PAGE] Page 4 of 6 eFiled Lee County Clerk of Courts Page 4NOTICE OF COMPLIANCE WITH FLORIDA RULE OF JUDICIAL ADMINISTRATION RULE 2.516 Plaintiff, by and through undersigned counsel, file this Notice of Compliance with Judicial Administration Rule 2.516 and hereby designates the following email address as the sole email addresses for transmitting electronic service documents on behalf of Daniel Rosenbaum, Esquire: PRIMARY EMAIL for Service of Pleadings and Court Documents only: DRosenbaum@HLLawgroup.com SECONDARY EMAIL: Service@HLLawgroup.com TERTIARY EMAIL for correspondence and scheduling: SJames@HLLawGroup.com Transmittal of court documents to the above-designated email addresses must be made in order for service to be proper and effective, however, please use the attorneys’ regular email addresses for all other communications. DATED this 12" day of April, 2021. HL LAW GROUP, P.A. By:__/s/ Daniel Rosenbaum Daniel Rosenbaum, Esquire FBN: 123674 Attorney for Plaintiff 2601 East Oakland Park Boulevard, Suite 503 Fort Lauderdale, Florida 33306 Telephone: (954) 713-1212 Facsimile: (954) 760-4239 Primary Email: | DRosenbaum@HLLawGroup.com Secondary Email: Service@HLLawGroup.com Tertiary Email: = SJames@HLLawGroup.com Page 5 of 6 eFiled Lee County Clerk of Courts Page 5EXHIBIT A Page 6 of 6 eFiled Lee County Clerk of Courts Page 6©) ST. JOHNS 6675 Westwood Blvd., Suite 360 Orlando, FL 32821 Homeowners Policy Declaration Policy Generation Customer Service: 1-800-748-2030 Claim Reporting: 1-877-748-2059 Named Insured and Mailing Address: John Giaccone Sonia Ransom 1711 SW 45th St Cape Coral, FL 33914-6214 Phone Number: (239)462-3589 [Policy Number: SJ31126155 Policy Effective Date: 10/14/2019 [Process Date: 10/28/2020 11:18 AM__ Policy Expiration Date: 10/14/2020 12:01 AM at property address Agency: 9918692 McGriff Insurance Services Inc Address: 7701 Airport Center Dr # 1800 Greensboro, NC 27409 Phone Number: (239)433-4535, Email Address: insuranceprocessingcenter@mcgriffinsurance.c Change Reason(s): Policy Copy - ST20207449 Effective Date: 6/25/2020 In return for the payment of premium, coverage is provided where premium and limit of liability are shown. Flood coverage is not provided by this policy. Location(s) of Property Insured: 1711 SW 45th St Cape Coral, FL 33914-6214 Property Characteristics: Form: HO-3 Protection Class: 03 BCEG: 03 Rating Tier: Preferred Construction Type: Reinforced Occupancy: Owner Masonry Territory: 554 - Lee - Month/Year Built: 08/2005 Usage: Primary Remainder County: 0071-Lee County Structure Type: Dwelling Number of Families: 1 Family Burglar Alarm: None Fire Alarm: None Automatic Sprinklers: None Roof Year: 2005 Mitigation Characteristics: Building Code Indicator: 2001 FBC - Built 03/2002 Opening Protection: All Exterior Openings Lg or later (A) Missile Qlb (A) Roof Cover and Attachment: 2001 FBC or roof permit 3/2002 or later (A) Roof Deck Attachment: 8d @ 6"/6" or Dimensional Lumber (C) Roof Wall Connection: Single Wraps (C) Secondary Water Resistance: SWR (A) Roof Geometry: Hip Roof (A) Gable End Bracing: Hurricane Deductible: 2% = $ 6,597 All Other Peril Deductible: $2,500 Hat Borm AUTHORIZED COUNTERSIGNATURE 10/28/2020 Company Copy SJDEC 05 11 Page 1 of 4 eFiled Lee County Clerk of Courts Page 7Homeowners Policy Declaration Fi ti ©) Slik JOHNS olicy Generation INSURAN E 6675 Westwood Blvd., Suite 360 Customer Service: 1-800-748-2030 Orlando, FL 32821 Claim Reporting: 1-877-748-2059 [Policy Number: SJ31126155 Policy Effective Date: 10/14/2019 [Process Date: 10/28/2020 11:18 AM__ Policy Expiration Date: 10/14/2020 12:01 AM at property address Policy Premium: $1,405.00 _Fees/Assessments: $27.00 Total Annual Premium: $1,432.00 IN CASE OF LOSS WE COVER ONLY THAT PART OF THE LOSS OVER THE DEDUCTIBLE AMOUNT. PLEASE SEE IMPORTANT NOTICES ON PAGE 3. Coverage Limit Premium Coverage A - Dwelling $329,846 $2,856.00 Coverage B - Other Structures $6,597 Included Coverage C - Personal Property $115,446 ($49.00) Coverage D - Loss Of Use $32,985 Included Coverage E - Personal Liability $300,000 $24.00 Coverage F - Medical Payments $3,000 Included Total Basic Premium: $2,831.00 Additional Coverages/Endorsements/Exclusions Limit Premium SJJ1 08 09 - Homeowners Policy Jacket Included SJ PRV 08 09 - Privacy Notice Included SJ OC 12 11 - Outline of Coverage - Homeowners Policy Included SJ HO 100 12 13 - Special Provisions - Florida Included SJ HO 101 02 16 - Animal Liability Exclusion Included SJ HO 105 04 15 - Home Day Care Exclusion Included SJ HO 160 05 11 - Catastrophic Ground Cover Collapse Included SJ DO 10 05 - Deductible Options Notice Included HO 00 03 10 00 - Homeowners 3 - Special Form Included SJ HO LO 10 05 - Important Information Regard Law and Ordinance Included OIR-B1-1655 02 10 - Notice Premium Discount for Hurricane Loss Mitigation Included OIR-B1-1670 01 06 - Checklist of Coverages Included IL P 001 01 04 - OFAC Advisory Notice Included SJ HO 120 12 03 - Existing Damage Exclusion Endorsement Included SJ HO 04 90 05 08 - Personal Property Replacement Cost $151.00 HO 03 33 05 03 - Fungi, Wet or Dry Rot, or Bacteria $25,000/50,000 $80.00 Increased Amount of Sec | Property Coverage HO 03 34 05 03 - Limited Fungi, Wet or Dry Rot or Bacteria Coverage Sec Il Included Liability HO 03 51 01 06 - Calendar Year Hurricane Deductible Included SJ HO HE 10 11 - Screened Enclosure - Hurricane $17,600 $170.00 HO 05 99 05 03 - Water Backup and Sump Discharge or Overflow $5,000 $25.00 Total Endorsement Premium: $426.00 Discounts and Surcharges Premium Company Copy (section continued on page 3) SJDEC 05 11 Page 2 of 4 eFiled Lee County Clerk of Courts Page 8Homeowners Policy Declaration ©) Slik Jo H N S Policy Generation 6675 Westwood Bivd., Suite 360 Customer Service: 1-800-748-2030 Orlando, FL 32821 Claim Reporting: 1-877-748-2059 [Policy Number: SJ31126155 Policy Effective Date: 10/14/2019 [Process Date: 10/28/2020 11:18 AM__ Policy Expiration Date: 10/14/2020 12:01 AM at property address Mitigation Credit $1,852.00 Total Discounts and Surcharges: $1,852.00 Fees and Assessments Premium Emergency Management Trust Fund Surcharge $2.00 MGA Policy Fee $25.00 Total Fees And Assessments: $27.00 Hurricane Premium sub-total: $937.00 Non-Hurricane Premium sub-total: $468.00 Total Premium: $1,432.00 MORTGAGEE(S): Name and Address: Iberia Bank Isaoa PO Box 12440 Iberia, LA 70562 Assigned To: 1711 SW 45th St, Cape Coral, FL, 33914-6214 Interest Type: Mortgagee Reference #: 6900149698 Rank: 1 Payor: No Remarks: Name and Address: Synovus Bank Isaoa/Atima PO Box 200016 Kennesaw, GA 30156-9248 Assigned To: 1711 SW 45th St, Cape Coral, FL, 33914-6214 Interest Type: Mortgagee Reference #: 9970025880-1 Rank: 2 Payor: No Remarks: OTHER INTEREST(S): None NOTICES THIS REPLACES ALL PREVIOUSLY ISSUED POLICY DECLARATIONS, IF ANY. THIS POLICY APPLIES ONLY TO ACCIDENTS, OCCURRENCES, OR LOSSES WHICH HAPPEN DURING THE POLICY PERIOD SHOWN ABOVE. A rate adjustment of 9.9% is included to reflect building code grade in your area. Adjustments range from 2% surcharge to 14% credit. A rate adjustment of 76% credit is included to reflect the Windstorm Mitigation Device Credit. This credit applies only to the wind portion of your premium. Adjustments range from 0% to 90% credit. Company Copy SJDEC 05 11 Page 3 of 4 eFiled Lee County Clerk of Courts Page 9Homeowners Policy Declaration ¢) Slik JO H N S Policy Generation 6675 Westwood Blvd., Suite 360 Customer Service: 1-800-748-2030 Orlando, FL 32821 Claim Reporting: 1-877-748-2059 Policy Number: SJ31126155 Policy Effective Date: 10/14/2019 Process Date: 10/28/2020 11:18 AM __ Policy Expiration Date: 10/14/2020 12:01 AM at property address LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNERS INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. Company Copy SJDEC 05 11 Page 4 of 4 eFiled Lee County Clerk of Courts Page 10ST. JOHNS I N U CE S RAN This Policy Jacket with the Policy Form Declarations Page and Endorsements, if any, issued to form a part thereof, completes the policy as numbered on the Declarations Page. YOUR HOMEOWNERS POLICY DOES NOT PROVIDE COVERAGE FOR DAMAGE TO YOUR PROPERTY CAUSED BY FLOOD. YOUR AGENT CAN HELP YOU PROCURE A SEPARATE FLOOD POLICY THROUGH THE NATIONAL FLOOD INSURANCE PROGRAM. SJ J1 08 09 eFiled Lee County Clerk of Courts Page 11To Report a Claim: B17 72/48=2059 POLIGY PROVISION: All premiums for this insurance shall be computed in accordance with St. Jonns Insurance Company's rules, forms, rating plans, premiums and minimum premiums applicable to the insurances afforded herein which are in effect at the inception of the insurance and, each anniversary thereof, including the date of interim changes. IN WITNESS WFIEREO®, the insured Identified on the reverse hereof has cuased this instrument to be signed by its President. GoeEooan Reese J, Bowen President St. Johns Insurance Company 8J J1 08 09 eFilad Lee County Clark of Courts Page 12St. Johns Insurance Company, Inc. Privacy Policy Notice (as of 08/13/09) This Privacy Policy identifies the personal information we collect and hold. It describes how we use, share and protect it. It also explains how to contact us if you have any questions regarding this Privacy Policy or the personal information collected about you. The Privacy Policy applies to personal information collected from or about former customers and current customers. 1. Information we collect Based on our relationship with you, we collect certain personal information from and about you. The information collected is adequate, relevant and appropriate for the particular insurance product or services for which you have applied or obtained from us. For example, we may collect or verify personal information from or about you from the sources and of the type indicated below. e From applications, forms, your communications (including electronic communications) and other interactions - information including, without limitation, your name, address, email address, telephone number, Social Security or other identification number, and property to be insured. ¢ From your transactions with us or others, as permitted by law -information including, without limitation, payment history, past premiums, claims history, credit history where relevant, and loss information reports. 2. How we use your information We use personal information to provide, maintain, service and process the products and services we provide to you or which you request from us. This may include, but are not limited to, using it to (a) evaluate your insurance requests; (b) process, service and maintain policies and transactions; (c) administer and investigate claims; (d) resolve disputes; (e) prevent fraud; (f) monitor and archive communications; or (g) perform risk control, including obtaining reinsurance. Additionally, we may use your personal information (a) in accordance with applicable law; (b) to verify your identity when you inquire regarding a product furnished by us to you; or (c) to comply with legal and regulatory requirements. 3. Information we may share with or disclose to affiliated and nonaffiliated third parties We do not rent or sell personal information. We share or disclose personal information to affiliates and nonaffiliates to effect, administer or enforce a transaction that you requested or authorized. We also share or disclose information to affiliated and nonaffiliated third parties (a) in connection with servicing or processing an insurance product or service that you requested or authorized or maintaining or servicing your account or (b) to comply with our obligations or assert our rights as an insurer. For example, we may share or disclose personal information to these affiliated or nonaffiliated third parties to assist us in the following: © Processing, billing or collecting premiums or amounts due to us e Underwriting coverage e Determining benefits e Administering, processing, investigating or servicing claims e Determining the coverage risk SJ PRV 08/09 Page 1 of 2 eFiled Lee County Clerk of Courts Page 13e Investigating and preventing fraud or material misrepresentation e Providing services required of an insurer. In addition, these affiliated and nonaffiliated third parties help us by (a) mailing policy statements and other information for us; (b) verifying information or coverage, including identity; (c) developing, operating and maintaining our services and systems; and (d) assessing risk. These affiliated and nonaffiliated third parties are required to (a) protect the confidentiality and security of personal information and (b) use the personal information only for the purposes for which we retain them and in accordance with this Privacy Policy. 4. Information we may share or disclose as required by law We may also share or disclose personal information to (a) government agencies and regulatory and law enforcement authorities in accordance with federal, state and local law or (b) as otherwise required by law. 5. How we protect the confidentiality and security of personal information We have implemented a program which includes administrative, technological and physical procedures to protect personal information. We utilize, in addition to other measures, the following: People. We educate our employees to treat personal information with care. We work to limit its access to those who need it for the purposes stated in this Privacy Notice. Policies and Procedures. We maintain, monitor, and update our physical, electronic and procedural safeguards. We comply with applicable regulations to protect personal information. eSecurity. We take reasonable technical and organizational security measure, under the circumstances, to keep personal information confidential. We secure personal information against unauthorized or unlawful access, and to prevent loss, destruction, or damage. eCommitment. We require any person or organization providing products or services on our behalf to protect personal information that is provided to them or to which they have access from or through us. 6. Changes to Privacy Policy We reserve the right to change this Privacy Policy, at any time. We will send you a revised Privacy Policy if we materially change it. For example, should we intend to (a) provide personal information, for a purpose or use not referenced in this Privacy Policy or (b) disclose or share personal information to others for a purpose or use not referenced in this Privacy Policy, we will notify you of the change. 7. Your rights You have the right to obtain from us the personal information we have collected regarding you and to correct such information. 8. Contact Us If you have any questions regarding this Privacy Policy Notice, you may contact us via e-mail at info@stjohnsinsurance.com or by telephone at 866.304.7779. SJ PRV 08/09 Page 2 of 2 eFiled Lee County Clerk of Courts Page 14St. Johns Insurance Company OUTLINE OF COVERAGE — HOMEOWNERS POLICY This outline is provided to help you more easily understand your St. Johns Insurance Company Homeowners Policy. It highlights the major coverages, exclusions, limitations and deductibles of your policy and provides information on discounts, surcharges, cancellation and nonrenewal. However this is just a guide and not a legal contract. Please read your Homeowners policy carefully for complete descriptions and details. The following Outline is for informational purposes only. Florida law prohibits the Outline form changing any of the provisions of the insurance contract, which is the subject of this Outline. Any endorsement including changes in types of coverage, coverage limits, exclusions, deductibles, renewal or cancellation provisions, surcharges, credits, or any other changes will be sent separately. SECTION I - PROPERTY COVERAGE Coverage A — Dwelling Applies to your residence premises, protects your dwelling and structures attached to your dwelling. It also protects against covered loss to building materials located on your residence premises, which are being used in connection with your residence premises. The Coverage A amount shown on your policy declarations should reflect the cost replacing your home at current construction costs. Coverage B — Other Structures Protects against covered loss to structures on your residence premises other than the primary dwelling. Unattached garages, storage buildings are collectively covered up to the Coverage B limit shown on the policy declarations. Coverage C — Personal Property Protects against covered loss to your personal property such as clothing and furniture. Special limits apply to some types of personal property including but not limited to: money, securities, watercraft, firearms, silverware electronic devices business property and theft of jewelry. Under certain circumstances, the property of others may be covered. There are also some items not covered under Coverage “C”. Examples include animals, motorized vehicles, property in a rental unit and property of roomers, boarders, or other tenants. Coverage D — Additional Living Expense Protects against loss resulting from any additional living expenses you incur while you are temporarily unable to live at your home because of a covered loss. Payment would include such items as temporary lodging and increased costs for food. However, coverage is limited to 12 consecutive months from the date of loss and other specified limitations. SJ OC 12 11 Page 1 of 3 ADDITIONAL COVERAGE The following additional coverages are extended through the Homeowners Insurance Policy. Refer to your policy to determine specific limits or limitations: Debris Removal Reasonable Repairs Trees, Shrubs and Other Plants Fire Department Service Charge Property Removed Credit Card, Fund Transfer Card, Forgery Counterfeit Money Loss Assessment Collapse Glass or Safety Glazing Material Landlords Furnishings Fungi, Wet or Dry Rot, or Bacteria PERILS INSURED AGAINST This policy insures to the limits of Coverages "A’”, “B” and “C”, against sudden and accidental direct physical losses except as limited or excluded by your policy, caused by: Fire or lightening Windstorm or hail Explosion Riot or civil commotion Aircraft Vehicles Smoke Vandalism or malicious mischief Theft (on premises only) Falling objects Accidental discharge or overflow of water Freezing of plumbing or household appliances Catastrophic Ground Cover Collapse Note: (1) If your property is located in an area eligible for a Wind Coverage Policy from the Citizens Property Insurance Corporation, “Windstorm or Hail” coverage must be excluded from your policy. Be sure to obtain this important coverage if it has been excluded from your policy. Note: (2) Flood Coverage is not provided by your Homeowners Policy. Flood Coverage is available thru the National Flood Insurance Program. Your Insurance Agent can assist you in obtaining this valuable protection. PROPERTY EXCLUSIONS This policy does not provide protection under Coverages “A”, “B” and “C’”, if applicable to your policy for losses resulting in any manner from: Ordinance or Law (in excess of 25% of Coverage “A”) Earth Movement, other than a covered sinkhole collapse Flood, or surface water Water below ground surface eFiled Lee County Clerk of Courts Page 15St. Johns Insurance Company OUTLINE OF COVERAGE Water which backs up through sewers, drains or Overflows from sump pumps Off Premises Power Failure Neglect War or Nuclear Hazard Intentional or Criminal Acts SECTION II — LIABILITY COVERAGE Coverage E - Personal Liability Generally provides coverage for bodily injury or property damage you or a person insured under your policy are legally obligated to pay. The bodily injury or property damage must arise from an occurrence covered under Section II of your policy. Coverage is excluded for intentional acts, business activities, professional services, abuse and acts arising from use of a controlled substance and specific coverage sub limits may be applied in specific circumstances. Coverage for Animal Liability and Home Day Care Operations are excluded from coverage by specific endorsement. Coverage F — Medical Payments To Others Provides coverage for reasonable and necessary medical expenses if a guest is injured on your premises or off the insured premises under certain circumstances. The bodily injury must arise from an occurrence covered under Section II of your policy with limited exceptions. Note: Coverage “E” Personal Liability and Coverage “F” Medical Payments To Others do not apply to “Bodily Injury” or “Property Damage” arising out of the ingestion or inhalation or lead on any form of substance. Injury resulting from exposure to radon and pollutants are also excluded. NONRENEWAL AND CANCELLATION PROVISIONS All cancellations are granted a pro-rata return of premium. Pro-rata means no penalty for early cancellation. Your Right To Cancel You may cancel the policy at any time, for any reason, by giving advance written notice of the future cancellation effective date. Our Right To Cancel If your policy has been in effect for 90 days or less and the insurance is cancelled for other than nonpayment of premium, we may cancel for any valid reason by giving you at least 20 days notice before the cancellation effective date. Except where there has been a material misstatement, misrepresentation, or failure to comply with underwriting requirements established in the first 90 days, then we may cancel immediately. If your policy has been in effect over 90 days, or if your policy is a renewal with us, we may cancel your policy for only a limited number of reasons by giving you at least 100 days advance written notice before the cancellation becomes effective. SJOC 1211 Page 2 of 3 — HOMEOWNERS POLICY For any cancellation that would be effective between June 1 and November 30, we will mail written notice at least 100 days or by June 1, which ever is earlier, before the cancellation becomes effective. If the cancellation is due to nonpayment of premium, we will give you at least 10 days advance written notice. Unless the cancellation is due to nonpayment of premium, we will provide you with at least one hundred twenty (120) days written notice prior to the effective date of cancellation in the event you have been insured by us or an affiliate for a period of at least five (5) consecutive years immediately prior to the issuance of the notice. Nonrenewal If we do not intend to renew your policy we will mail notice to you at least 100 days before the expiration date of the policy. For any nonrenewal that would be effective between June 1 and November 30, we will mail the notice by at least 100 days or by June 1, whichever is earlier, before the expiration date of the policy. We will provide you with at least one hundred twenty (120) days written notice prior to the effective date of nonrenewal in the event you have been insured by us or an affiliate for a period of at least five (5) consecutive years immediately prior to the issuance of the notice. PREMIUM CREDITS The following are premium credits available on your Homeowners Policy. Your policy Declarations page will show which or these credits, if any apply to your policy. Protective Devices If your home has a qualified central station burglar alarm, central station fire alarm or automatic fire sprinkler system, you are eligible for a premium credit. Deductible Credits A hurricane deductible of 2% and an All Other Perils of $1,000 are standard. The deductible is the value of the loss you must incur before this policy pays. Deductible options greater than the standard deductibles may be available at a premium credit. Deductibles less than the standard deductibles may be available which will result in premium increases. Contact your Agent to explore your deductible options. Building Code Compliance and Wind Mitigation This credit is available on homes built in compliance with the 2001 Florida Building Code designed to lessen the effect of losses resulting from windstorms and hurricanes. Superior Construction Certain homes of fire resistive and wind resistive construction are eligible for a premium credit. AVAILABLE POLICY OPTIONS Personal Property Replacement Cost Scheduled Personal Property Deductible Options (see above) Increased Liability and Medical Payments Limits eFiled Lee County Clerk of Courts Page 16St. Johns Insurance Company OUTLINE OF COVERAGE — HOMEOWNERS POLICY Increased Limits and Special Coverage Condominiums Increased Limits Personal Property Increased Law and Ordinance Increased Special sub limits for Fungi Identity Theft Wet or Dry Rot, or Bacteria - Increased Limits Permitted Incidental Occupancies Loss Assessment Coverage — Increased Limits Other Structures — Increased Limits Golf Cart Liability and Physical Damage Personal Injury Liability Water Back Up and Sump Discharge or Overflow Sinkhole Loss Coverage Animal Liability Equipment Breakdown SJOC 1211 Page 3 of 3 eFiled Lee County Clerk of Courts Page 17eFiled Lee County Clerk of Courts Page 18St. Johns Insurance Company Homeowners SJ HO 100 12 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL PROVISIONS — FLORIDA DEFINITIONS In paragraph B.8. of forms HO 00 03, HO 00 04 and HO 00 06, is replaced by the following: 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.” All “bodily injury” or “property damage” that is attributable directly or indirectly to one cause or to one series of similar causes will be added together and the total amount of such losses will be treated as one occurrence irrespective of the period of time or area over which such losses occur. In paragraph B.3. of forms HO 00 03, HO 00 04 and HO 00 06, the entire definition of “Business” is replaced by the following: 3. “Business” occupation. In paragraph B.6. “Insured Location” of forms HO 00 03, HO 00 04 and HO 00 06, B.6.f. is replaced by the following: f. Land owned by or rented to an “insured” on which a one or two family dwelling is being built as a residence for an “insured”; In paragraph B.11. “Residence Premises” of forms HO 00 03 and HO 00 04, B.11.c. is replaced by the following: c. That part of any other building; Where you reside and which is shown as the “residence premises” in the Declarations. “Residence premises” also means a two family dwelling where you reside in at least one of the family units and which is shown as the “residence premises” in the Declarations. “Residence premises” also includes other structures and grounds at that location. The following definition is added: “Fungi” a. “Fungi” means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. b. Under Section II, this does not include any fungi that are in, are on, or are contained in a good or product intended for consumption. includes trade, profession or SJ HO 100 12 13 Includes copyrighted material of Insurance Services Office, inc., with its permission. SECTION | - PROPERTY COVERAGES COVERAGE A — DWELLING AND COVERAGE B OTHER STRUCTURES In form HO 00 03, the following is added: This coverage does not apply to damage to aluminum framed screened enclosures due to hurricane. The following is added to Forms HO 00 03 and HO 00 06. Special Limits of Liability Cosmetic and Aesthetic Damage to Floors The total limit of liability for Coverages A and B (Coverage A in form HO 00 06) combined is $10,000 per policy period for cosmetic and aesthetic damages to floors. a. Cosmetic or aesthetic damage includes but is not limited to: 1. Chips; 2. Scratches; 3. Dents; or 4. Any other damage to less than 5% of the total floor surface area and does not prevent typical use of the floor. b. This limit includes the cost of tearing out and replacing any part of the building necessary to repair the damaged flooring. c. This limit does not increase the Coverage A or Coverage B limits of liability shown on the declaration page. d. This limit does not apply to cosmetic or aesthetic damage to floors caused by a Peril Insured Against as named and described for Coverage C Personal Property. B. Coverage B. — Other Structures. Paragraph B.3. in form HO 00 03 is replaced by: 3. The limit of liability for this coverage will not be more than 2% of the limit of liability that applies to Coverage A. Use of this coverage does not reduce the Coverage A limit of liability. Coverage C — Personal Property - In forms HO 00 03, C.3. (HO 00 04 is A.3., HO 00 06 is B.3. and Endorsement HO 17 51 is B.3.) is replaced by the following: 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 Page 1 of 9 Copyright, © ISO Properties, Inc., and ISO Services Properties, Inc. 2003. eFiled Lee County Clerk of Courts Page 19St. Johns Insurance Company C limit of liability. a. $200 on: (1) Money; (2) Bank notes; (3) Bullion; (4) Gold other than goldware; (5) Silver other than silverware; (6) Platinum other than platinumware; (7) Coins; (8) Medals; (9) Scrip; (10) Stored value cards; and (11) Smart cards. $1,000 on: (1) Securities; (2) Accounts; (3) Deeds; (4) Evidences of debt; (5) Letters of credit; (6) Notes other than bank notes; (7) Manuscripts; (8) Personal records; (9) Passports; (10) Tickets; and (14) 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, replace or restore the information from the lost or damaged material. c Page 2 of 9 $1,000 on watercraft of all types, including their: (1) Trailers; (2) Furnishings; (3) Equipment; and (4) Outboard engines or motors. $1,000 on trailers or semitrailers not used with watercraft of all types. $1,000 for loss by theft of: (1) Jewelry; (2) Watches; (3) Furs; (4) Precious and semiprecious stones. $2,000 for loss by theft of firearms. $2,000 for loss by theft of: (1) Silverware; (2) Silver-plated ware; (3) Goldware; (4) Gold-plated ware; (5) Platinumware; (6) Platinum-plated ware; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. Homeowners SJ HO 100 12 13 (7) Pewterware. This includes: (1) Flatware; (2) Hollowware; (3) Tea sets; (4) Trays; and (5) Trophies: Made of or including silver, gold or pewter. $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 accessories, 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: (1) Antennas; (2) Tapes; (3) Wires; (4) Records; (5) Discs; or (6) Other media that can be used with any apparatus described in this Category j. $1,000 on electronic apparatus and accessories 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: (1) Antennas; (2) Tapes; (3) Wires; (4) Records; (5) Discs; or (6) Other media that can be used with any apparatus described in this Category k. D. Coverage D. — Loss of Use. Paragraph 1. in form HO 00 03 (B.1. in form HO 00 04, C.1, in form HO 00 06) is replaced by the following: Additional Living Expense. lf a loss covered under Section | makes that part of SJ HO 100 12 13 Copyright, © ISO Properties, inc., and ISO Services Properties, Inc. 2003. eFiled Lee County Clerk of Courts Page 20St. Johns Insurance Company the “residence premises” where you reside not fit to live in or if loss to the building containing the property makes the “residence premises” 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. In any event, the payment(s) will be limited to 24 consecutive months from the date of the covered loss. E. Additional Coverages. Paragraph 1.b. Debris Removal in form HO 00 03 (C.1.b. in form HO 00 04, D.1.b. in form HO 00 06) is replaced by: b. We will also pay your reasonable expense, up to $500, for the removal from the “residence premises” of: (1) Your tree(s) felled by the peril of Windstorm 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 structure, but: (a) Block(s) a driveway on the “residence premises” which prevent(s) a “motor vehicle,” that is registered for use on public roads or property, from entering or leaving the “residence premises”; or (b) Block(s) a ramp or other fixture designed to assist a handicapped person to enter or leave the dwelling building. The $500 limit is the most we will pay in any one loss regardless of the number of fallen trees. This coverage is additional insurance. In form HO 00 06, 7. Loss Assessment is deleted and replaced by the following: 7. 11. Homeowners SJ HO 100 12 13 Loss Assessment a. We will pay up to $2,000 for your share of property 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 any single direct loss to property, owned by all members of the corporation or association col- lectively, of the type that would be covered by this policy if owned by you, caused by a Peril Insured Against under Coverage A, other than: (1) Earthquake; or (2) Land shock waves or tremors before, dur- ing or after a volcanic eruption. The limit of $2,000 is the most we will pay with respect to any one loss, regardless of the number of assessments. No deductible ap- plies. b. We do not cover assessments charged against you or a corporation or association of property owners by any governmental body. c. Paragraph P. Policy Period under Section! — Conditions does not apply to this coverage. d. The maximum amount of any unit owner's loss assessment coverage that can be assessed for any loss shall be an amount equal to that unit owner's loss assessment coverage limit in effect one day before the date of the occurrence. Any changes to the limits of a unit owner's coverage for loss assessment made on or after the day before the date of the occurrence are not applicable to such loss. Ordinance Or Law. Paragraph 11.a. in forms HO 00 03 and HO 00 04 (10.a. in form HO 00 06) is replaced by the following: 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 enforcement of any ordinance or law which requires or regulates: (1) The construction, demolition, remodeling, 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 replacement of SJ HO 100 12 13 Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 3 of 9 Copyright, © ISO Properties, Inc., and ISO Services Properties, Inc. 2003. eFiled Lee County Clerk of Courts Page 21St. Johns Insurance Company the portion of the undamaged part of a covered building or other structure necessary to complete the remodeling, fepair or replacement of that part of the covered building or other structure damaged by a Peril Insured Against. (With respect to form HO 00 04 the words Coverage A, refers to Additional Coverages item 10.) Paragraph 12. Grave Markers in forms HO 00 03 and HO 00 04 (11. in form HO 00 06) is deleted. The following Additional Coverage is added: “Fungi,” Wet Or Dry Rot, Or Bacteria. a. We will pay up to $10,000 for: (1) The total of all loss payable under Section | — Property Coverages caused by “fungi,” wet or dry rot, or bacteria; (2) The cost to remove “fungi,” wet or dry rot, or bacteria from property covered under Section | —- Property Coverages; (3) The cost to tear out and replace any part of the building or other covered property as needed to gain access to the “fungi,” wet or dry rot, or bacteria; and The cost of testing of air or property to confirm the absence, presence, level of “Fungi,” Wet or Dry Rot or Bacteria whether performed prior to, during or after: (a) Removal; (b) Repair; (c) Restoration; or (d) Replacement. The cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of “fungi,” wet or dry rot, yeast or bacteria. b. The coverage described in a. only applies when: (1) Such loss or costs are a result of a Peril Insured Against that occurs during the policy period; and (2) Only if all reasonable means were used to save and preserve the property from further damage at and after the time the Peril Insured Against occurred. c. $10,000 is the most we will pay for the total of all loss or costs payable under this Additional Coverage regardless of the: (1) Number of locations insured; or (2) Number of claims made. d. If there is covered loss or damage to covered property, not caused, in whole or in part, by “fungi,” wet or dry rot, or bacteria: (4 Homeowners SJ HO 100 12 13 Loss payment will not be limited by the terms of this Additional Coverage, except to the extent that “fungi,” wet or dry rot, or bacteria causes an increase in the loss. Any such increase in the loss will be subject to the terms of this Additional Coverage. This coverage does not increase the limit of liability applying to the damaged covered property. SECTION I —- PERILS INSURED AGAINST In Form HO 00 03: A. Coverage A — Dwelling And Coverage B - Other Structures. Paragraph 2.c.(4) is replaced by the following: (4) Vandalism or malicious mischief, and any ensuing loss caused by any intentional and wrongful act committed in the course of the vandalism or malicious mischief, if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant. Paragraph 2.c.(5) is replaced by the following: (5) Constant or repeated seepage or leakage of water or the presence or condensation of humidity, moisture or vapor, over a period of weeks, months or years unless: Such seepage or leakage of water or the Presence or condensation of humidity, moisture or vapor and the resulting damage; (a) Is unknown to all “insureds”; and (b) Is hidden within the walls or ceilings or beneath the floors or above the ceilings of a structure. Paragraph 2.c.(6)(c) is replaced by the following: (c) Smog, rust or other corrosion; B. Coverage C — Personal Property. 12. Accidental Discharge Or Overflow Of Water Or Steam. Paragraph b.(4) is replaced by the following: (4) Caused by constant or repeated seepage or leakage of water or the presence or condensation of humidity, moisture or vapor, over a period of weeks, months or years unless: Such seepage or leakage of water or the presence or condensation of humidity, moisture or vapor and the resulting damage; (a) Is unknown to all “insureds”; and Page 4 of 9 Includes copyrighted material of insurance Services Office, Inc., with its permission. SJ HO 100 12 13 Copyright, © ISO Properties, Inc., and ISO Services Properties, Inc. 2003. eFiled Lee County Clerk of Courts Page 22SJ HO 100 12 13 St. Johns Insurance Company (b) Is hidden within the walls or ceilings or beneath the floors or above the ceilings of a structure. In Forms HO 00 04 and HO 00 06: Paragraph 8. is replaced with the following: 8. This peril does not include loss to property on the “residence premises,” and any ensuing loss caused by any intentional and wrongful act committed in the course of the vandalism or malicious mischief, if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant. 12. Accidental Discharge Or Overflow Of Water Or Steam. Paragraph b.(5) in form HO 00 06 (b.(4) in form HO 00 04) is replaced by the following: (5) To a building caused by constant or tepeated seepage or leakage of water or the presence or condensation of humidity, moisture or vapor, over a period of weeks, months or years unless: Such seepage or leakage of water or the presence or condensation of humidity, moisture or vapor and the resulting damage; (a) Is unknown to all “insureds”; and (b) Is hidden within the walls or ceilings or beneath the floors or above the ceilings of a structure. SECTION I - EXCLUSIONS The following Exclusion is added. “Fungi,” Wet Or Dry Rot, Or Bacteria. “Fungi,” Wet Or Dry Rot, Or Bacteria meaning the presence, growth, proliferation, spread or any activity of “fungi,” wet or dry rot, or bacteria. This Exclusion does not apply: a. When “fungi,” wet or dry rot, or bacteria results from fire or lightning; or b. To the extent coverage is provided for in the “Fungi,” Wet Or Dry Rot, Or Bacteria Additional Coverage under Section I — Property Coverages with respect to loss caused by a Peril Insured Against other than fire or lightning. Direct loss by a Peril Insured Against resulting from “fungi,” wet or dry rot, or bacteria is covered. SECTION I —- CONDITIONS B. Duties After Loss Paragraph 7. is replaced by the following: 7. As often as we reasonably require: Includes copyrighted material of Insurance Services Office, inc., with its permission. Homeowners SJ HO 100 12 13 a. Show “us” the property; b. Provide “us” with the records and documents we request and permit “us” to make copies; c. Any and all “insureds” must submit to recorded statements when requested by “us”, d. In the county where the “residence premises” is located “you,” “your” agents, “your” representatives and any and all “insureds” must submit to examinations under oath and sign same when requested by “us.” e. Permit “us” to take samples of damaged property for inspection, testing and analysis; and f. Any and all “insureds” must execute all authorizations for the release of information when requested by “us.” C. Loss Settlement. In Form HO 00 03: Paragraph C.1.d. is deleted. The first paragraph of C.2.d is replaced by the following: We will initially pay the actual cash value of the loss, less any applicable deductible. We will then pay any remaining amounts necessary to perform the actual repair or replacement as work is performed and expenses are incurred subject to C.2.a. and b.. If a total loss occurs, we will pay the full replacement cost without reservation or holdback of any depreciation in value. In form HO 00 06, Loss Settlement paragraph 2. is replaced by the following: 2. Coverage A — Dwelling: Is provided at the actual cost to repair or replace. We will initially pay the actual cash value of the loss, less any applicable deductible. We will then pay any remaining amounts necessary to perform the actual repair or replacement as work is performed and expenses are incurred. If a total loss occurs we will pay the full replacement cost without reservation or holdback of any depreciation in value. In this provision the terms “repaired” or “replaced” do not incl