Preview
Case Number: CACE-21-009633 Division: 25
Filing # 126643132 E-Filed 05/12/2021 10:41:04 AM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
LUDIE COVELLI,
CASE NO.:
Plaintiff,
Vv.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.,
Defendant,
COMPLAINT
Plaintiff, LUDIE COVELLI (Collectively referred to hereafter as the “Insured”), hereby sues
Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY,
INC. (the “Insurance Company”), and alleges as follows:
PARTIES, JURISDICTION AND VENUE
1 This is an action for damages that exceeds Thirty Thousand and 00/100 Dollars
($30,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a
Declaratory Judgment action.
2. The Insured is an individual who at all times material hereto has resided in Broward
County, Florida.
3 The Insurance Company is a Florida corporation qualified to do business in Florida
and has, at all times material hereto, been conducting business in Broward County, Florida.
4 Venue is proper in Broward County, Florida because the contract, which forms the
subject matter of this lawsuit, was executed in Broward County, Florida.
5 All conditions precedent to the filing of this lawsuit have occurred, have been
waived or have been performed.
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/12/2021 10:41:01 AM.*##*
GENERAL ALLEGATIONS
6. At all times material hereto, in consideration of a premium paid by the Insured,
there was in full force and effect a certain homeowners insurance policy issued by the Insurance
Company with a policy number of HCPC-HO3-346855 (the “Policy”). A true and correct copy of
policy is attached hereto as Exhibit “A”.
7 Accordingly, under the terms of the Policy, the Insurance Company agreed to
provide insurance coverage to the Insured’s property against certain losses. The damaged property
is located at 8640 Windsor Drive, Miramar, FL, 33025 (the “Property”).
8 On or about July 3", 2020, while the Policy was in full force and effect, the
Property sustained a covered loss as a result of sudden and accidental failure of plumbing system
(the “Loss”).
9. The Insurance Company assigned claim number 904379 to the Loss.
10. Subsequently, on or about April 5", 2021, the Insurance Company informed the
Insured that it was denying coverage for the Loss on the basis that it was not covered by the
Policy. However, after diligent inspection of the Loss, it was obvious that the Property sustained
damage which the Insurance Company agreed to provide coverage for under the terms of the
Policy.
11. The Insured has suffered and continues to suffer damages resulting from Insurance
Company’s breach of the Policy.
12. The Insured has been obligated to retain the undersigned attorneys for the
prosecution of this action and is entitled to a reasonable attorney’s fee pursuant to Florida Statute
Sections 627.428 and/or 626.9373.
COUNTI
BREACH OF CONTRACT
13. The Insured reincorporates paragraphs | through 12 as if fully set forth herein.
14. It is undisputed that the Insured and the Insurance Company entered into a written
contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company
agreed to insure the Insured’s Property.
15. The Insured has paid all premiums due and owing as contemplated by the Policy;
thus, fully performing its obligations under the Policy.
16. The Insured’s Property sustained damage which the Insurance Company agreed to
provide coverage for under the terms of the Policy.
17. Furthermore, at all times material hereto, the Insured has satisfied all post-loss
obligations to the best of its ability in accordance with the Policy.
18. Tn contrast, the Insurance Company has failed to: (i) acknowledge coverage for the
Loss; and/or (ii) acknowledge that payment would be forthcoming; and/or (iii) make any payment
of insurance proceeds to the Insured. As a result of the foregoing, the Insurance Company has
breached the Policy.
19. As a direct and proximate result of the Insurance Company’s breach of the Policy,
the Insured has sustained damages.
WHEREFORE, the Insured respectfully requests that this Court enter judgment against the
Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant
to Sections 627.428 and/or 626.9373.
COUNT Il
DECLARATORY JUDGMENT
20. The Insured reincorporates paragraphs | through 12 as if fully set forth herein.
21. There is a bona fide, actual, present, adverse, and practical need for this Court to
render a declaration as to whether the Policy issued by Insurer to Insured provides coverage to
Insured for the Loss.
22. There is doubt between the Insured and Insurer regarding coverage of the loss
which affects the rights and/or privileges of the Parties.
23. This declaration deals with a present controversy as to the application of the law to
facts regarding the insurance coverage available to Insured for the Loss.
24. By filing this declaratory judgment action, the Insured is not requesting that the
Court merely provide legal advice or answer questions propounded from curiosity.
25. Based upon the foregoing, the Insured is entitled to a declaratory judgment, holding
that coverage does exist for the Loss; thus removing any doubt that exists between the Parties.
26. Pursuant to Section 86.081, Florida Statues, the Insured is entitled to costs.
WHEREFORE, the Insured respectfully seeks the entry of a declaratory judgment against the
Insurer holding that the Loss is covered under the Policy, plus costs and attorney fees for bringing
this action and such other relief as the Court deems just and proper.
JURY TRIAL DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable.
Dated this 12" day of May, 2021.
Respectfully Submitted,
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 18th Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email: YIA3@Yourinsuranceattorney.com
Secondary Email: Eservice@Yourinsuranceattorney.com
By: /s/ Waximo A. Santiago
Maximo A. Santiago, Esq.
Florida Bar No. 669733
Massiel C. Vazquez, Esq.
Florida Bar No. 1018247
Ariana Rubio Di Natale, Esq.
Florida Bar No. 1025882
EXHIBIT "A"
Ou...
H OMEOWNERS CHOICE
Property & CASUALTY
InsuraNCE Company, INC.
This is a true and correct certified copy of the Declaration page and applicable forms for
LUDIE COVELLL, Policy Number HCPC—HO3-346855-9.
Cheuyl Cuun-Wynn
Signed:
State of Florida
County of Hillsborough
With respect to the above:
The above named signatory has sworn to and subscribed before me by Cheryl Crum-Wynn, the
information contained within this document is accurate and true. The above signatory is personally
known to me Carmen Rivera.
Caumen Rivera
Signature of Notary
Notary Public for the State of Florida
Commission # GG 040744
Expires Feb. 17, 2021
Homeowners CHOICE Property & CASUALTY INSURANCE COMPANY, INC.
Post Office Box 22967 | Tampa, Florida 33622
Claims Phone: 877.235.5076 | Claims Fax: 813.443.0830 | www.hcpci.com
“en
acs
OrzZ a2“
oan
a4 On
zy
Bz
SE 68a
VE ose
Hs 5 uss
Ew
zu
OEZ 0
Bog
ED
Aa
4
HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.
PRIVACY POLICY
‘Your Privacy is Our Concern
Homeowners Choice Property & Casualty Insurance Company, Inc. and its affiliates strive to provide high quality insurance products and excellent
customer service. In doing so, we will obtain and develop personal information about you and your family. We consider this information confidential
and have procedures in place to protect this information against unlawful use and disclosure. This Privacy Policy describes how we obtain and use
information about you, and how we protect that information. It applies both to current and former policyholders.
Our Basic Privacy Principles
. We do not sell policyholder information.
. We do not disclose policyholder information except as necessary or appropriate to provide insurance products and services, and as otherwise
allowed or required by law
When we share policyholder information with nonaffiliated vendors and service providers, we contractually require them to maintain
confidentiality and to use the information solely for the purposes for which we provide the information.
We maintain procedural, technical and physical safeguards to protect policyholder information
Sources of Personal Information
We may obtain personal information about you from several sources. We obtain most of our information directly from you or through your agent, on
insurance applications and forms you submit and other interactions you have with us. We also will lear information about you from servicing your
policy. We might also receive information from outside vendors that furnish us with information relating to your eligibility for insurance, your existing
or prospective policy, and your claims. These vendors may include consumer reporting agencies, home inspection companies, statistical or reporting
bureaus in addition to other sources.
Tf you visit an Internet website that we maintain, we might obtain information about you that will enable us to identify you as a user, including your
name, a user name, a password, and password reminders. We also might obtain information about your web browser, operating system and similar
information to improve the performance and operation of our site.
Our Use of Your Personal Information
We will not sell your personal information to anyone, except to someone purchasing all or a portion of our business. We do not share any of the personal
information we collect except among members of our corporate group (ic. affiliates), non-affiliated vendors and service providers, joint marketers,
agents and as permitted or required by law.
Typically we share information only to the extent necessary or appropriate to offer and provide our insurance products and services to you and to
improve our products and services, as well as to effect, administer or enforce transactions that you request. For example, we might provide information
about you and your policy to a company that prints and mails our insurance policies or to a company that adjusts any claims you may have. We might
also share any personal information we collect with companies that perform marketing services on our behalf and other financial institutions with which
we have joint marketing agreements. We might share information with your insurance agent.
When we share policyholder information with nonaffiliated parties, we contractually require them to maintain confidentiality and to use the information
solely for purposes for which we provide the information.
We also are permitted or required to share information with certain other parties listed in federal law and state rules, such as insurance advisory
organizations, rating agencies, regulatory authorities, consumer reporting agencies and attorneys and accountants.
How We Protect Your Personal Information
We maintain physical, electronic, and procedural safeguards to ensure the confidentiality of the personal information we obtain about you. We restrict
access to your personal information to those employees who need to know that information to provide services to you.
Affiliates
This notice describes the practices and procedures of Homeowners Choice Property & Casualty Insurance Company, Inc. and its affiliates, HCI Group,
Inc., Homeowners Choice Managers, Inc., Southem Administration, Inc., and Claddaugh Casualty Insurance Company Ltd.
This summary of our practices is furnished for your information. No action is required by you upon receipt of this notice.
If you have any questions, you may contact us at:
Homeowners Choice Property & Casualty Insurance Company, Inc.
5300 West Cypress Street, Suite 100, Tampa, FL 33607
Attention: General Counsel
Toll free (888) 210-5235
(06 13)
This page intentionally left blank
Cr
Homeowners Choice
Property & Casualty Insurance Company, Inc.™
Homeowners
Policy
5300 W. CYPRESS STREET, SUITE 100
TAMPA, FL 33607
CUSTOMER SERVICE: (888) 210-5235
TO REPORT A CLAIM, PLEASE CALL: (866) 324-3138
HCPC HOJ 09 15 Page 1 of 2
JHndindndadnceicdacatcaa MIPORTANT NOTIC Bett tt tiniininsneiiiiir
This policy is issued on behalf of Homeowners Choice Property & Casualty Insurance
Company, Inc. (the Company) and by acceptance of this policy, you agree that:
1. The statements in the application are your representations;
2. This policy is issued in reliance upon the truth of those representations; and
3. This policy embodies all agreements existing between you and Homeowners Choice Property
& Casualty Insurance Company, Inc. and any of our Producers relating to this policy.
IN WITNESS WHEREOF: In consideration of your paid premium, the Company has caused this
policy to be executed and attested, but this policy shall not be valid unless countersigned by a
duly authorized representative of the Company.
“Qi
Se eL
Robert B. Reid, CPCU, Vice President - Operations
Homeowners Choice Property & Casualty Insurance Company, Inc.
HCPC HOJ 09 15 Page 2 of 2
Frome
H OMEOWNERS CHOICE
For policy questions, please contact your agent at
For claims please call
(305) 887-9544
(866) 324-3138
Prorerty & CasuALTY
INsURANCE Company, INC. For customer service please call (888) 210-5235
Homeowners Choice Property & Casualty Insurance Company
Homeowners HO-3 Policy Declarations - Renewal
Named Insured: Insured Location Policy Number HCPC-HO3-346855-9
Covered by this Policy:
LUDIE COVELLI 8640 WINDSOR DR.
8640 WINDSOR DR. MIRAMAR, FL 33025 Renewal
MIRAMAR, FL 33025-2754 Policy Effective Date: May 30, 2020 12:01AM
Policy Expiration Date: May 30, 2021 12:01AM
County: BROWARD
COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE
Coverages Limit of Liability Annual Premium Forms, Notices and Endorsements:
Section | HCPC HOJ 09 15 HO 04 96 04 91
OIR-B1-1670 (1-1-06) HCPC HO 23 70 05 08
A. Dwelling $250,100 $5,568
HC OC HO3 08 16
B. Other Structures $25,010 Included OIR-B1-1655 (Rev. 02/10)
C. Personal Property $80,532 (87) HC WL 05 13
HC 09 DN 12 13
D. Loss of Use $25,010 Included
HC HO OL 12 17
Section Il HC HO3 TOC 01 20
E. Personal Liability $300,000 $18 HC HO3 01 20
HC CGCC HO3 03 13
F. Medical Payments $2,000 Included
HC 24 07 08
Endorsement Premium Total (See Details, P.2) $0 Rating Information:
Credits and Charges: Year Built: 1972
Coverage A Increased due to an Inflation Factor Construction: M
Building Code Effectiveness Grading Adjustment Territory: 37
Windstorm Mitigation Credit
Protective Device Credit Protection Class: 5
BCEG Grade: 99
Sprinkler: N
Fire Alarm: No
Underwriting Surcharges (See Details, P.2) $1,206 Burglar Alarm: Yes
Total Annual Policy Premium $6,785 Wind Mitigation Factor: 0.070 (32501)
Policy Fees (See Details, P.2) $27 Deductible-Section | In case of a loss, we cover only that part of
Endorsement Fees (See Details, P.2) $o the loss over the deductible stated:
Total Policy Charges $6,812 No Sinkhole Coverage
Premium Change Due to Rate Change $616 $1000 All Other Perils Deductible
Premium Change Due to Coverage Change $179
Fee Change from Prior Term $0 2% ($5002) Hurricane Deductible
The Hurricane portion of the Premium is: $4,322 The Non-Hurricane portion of the Premium is: $2,463
Please see Page 2 of the Declarations Page for important
notices that apply to this policy.
Agent: BARBARA AYASH Other: Bill To: 1st Lien
ALL SECURITY INSURANCE AGENCY INC st Lien - SELECT PORTFOLIO SERVICI, ITS SUCCESSORS AND/OR
373 N ROYAL POINCIANA BLVD ASSIGNS, PO BOX 7277
MIAMI SPRINGS, FL 33166 SPRINGFIELD, OH 45501 Loan # 1026110656
Phone: (305) 887-9544
“elk
se L
Authorized Countersignature:
Aug 10, 2020 2:29PM
Page 1 of 2 HC DEC2 03 05 13
Policy Number: HCPC-HO3-346855-9
Endorsement Premium Details Limit of Liability Annual Premium
Personal Property Replacement Coverage Not Included
Mold Coverage Property $10,000 Included
Mold Coverage Liability $50,000 Included
Permitted Incidental Occupancy Not Included
Rental Surcharge - Property Not Included
Rental Surcharge - Liability Not Included
Loss Assessment Coverage $1,000 Included
Ordinance or Law Coverage 25% of Coverage A Included
Endorsement Premium Total $0
Underwriting Surcharges Details
No Prior Insurance or Dec Page Adjustment $0
Seasonal or Unoccupied Surcharge $0
Age of Home Adjustment $1,206
Rate Equalization Credit $0
Voluntary Writing Credit $0
Discount Capping Adjustment $0
Underwriting Surcharges Total $1,206
Policy Fee Details
Managing General Agency Fee $25
Emergency Management Preparedness and Assistance Trust Fund Fee $2
Florida Hurricane Catastrophe Fund Emergency Assessment $0
Citizens Property Insurance Corporation 2005 Emergency Assessment $0
2012 Florida Insurance Guaranty Association Regular Assessment $0
Policy Fee Total $27
Policy Changes and Endorsements Date Effective Premium Change
Endorsement Total $0
NOTICES
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-
POCKET EXPENSES TO YOU.
LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE
THAT YOU MAY WISH TO PURCHASE.
THIS HOMEOWNERS POLICY DOES NOT COVER LOSSES DUE TO
FLOOD AND RISING WATER.
PLEASE CONTACT YOUR AGENT TO OBTAIN A NATIONAL FLOOD
INSURANCE PROGRAM POLICY.
Page 2 of 2 HC DEC2 03 05 13
Checklist of Coverage
Policy Type: Homeowners (HO3)
The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of
the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions,
limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent
separately.
Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and
limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a
claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool
enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may
arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor,
wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A
clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement.
Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the
provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent
or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’ Helpline at
(800) 342-2762 or www.fldfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Limit of Insurance: $250,100 Loss Settlement Basis: Replacement Cost
Other Structure Coverage (Detached from Dwelling)
Limit of Insurance: $25,010 Loss Settlement Basis: Replacement Cost
Personal Property Coverage
Limit of Insurance: $80,532 Loss Settlement Basis: Actual Cash Value
Deductibles
Annual Hurricane: $5002 All Perils (Other Than Hurricane): $1,000
OIR-B1-1670 (1-1-06) Page 1 of 4
Checklist of Coverage (continued)
The above Limit of Insurance, deductibles, and Loss Settlement Basis apply to the following perils insured against:
(Items marked below Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Fire or Lightning
Hurricane
Flood (Including storm surge)
Windstorm or Hail (other than hurricane)
Explosion
Riot or Civil Commotion
Aircraft
Vehicles
Smoke
Vandalism or Malicious Mischief
Theft
Falling Objects
Weight of Ice, Snow or Sleet
Accidental Discharge or Overflow of Water or Steam
Sudden and Accidental Tearing Apart, Cracking, Burning or Bulging
Freezing
Sudden and Accidental Damage from Artificially Generated Electrical Current
Volcanic Eruption
Sinkhole
Any Other Peril Not Specifically Excluded (dwelling and other structures only)
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Loss of Use Coverage
Coverage Limit of Insurance Time Limit
(Items below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is NOT included)
Y_ | Additional Living Expense 24 Consecutive Months
Y | Fair Rental Value $25,010 24 Consecutive Months
Y_| Civil Authority Prohibits Use 2 Weeks
Property - Additional / Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit
included)
Included Additional
Y Debris Removal See Policy Y
Y Reasonable Repairs See Policy Y
Y Property Removed See Policy Y
Credit Card, Electronic Fund Transfer Card, or $500
Access Device, Forgery and Counterfeit Money
Loss Assessment $1,000
Collapse See Policy
Glass or Safety Glazing Material See Policy
Landlord's Furnishings See Policy
Law and Ordinance $62,525
Grave Markers
Mold / Fungi $10,000
OIR-B1-1670 (1-1-06) Page 2 of 4
Checklist of Coverage (continued)
Discounts
(Items below marked Y (Yes) indicate discount IS applied, those marked Dollar ($) Amount of Discount
N (No) indicate discount is NOT applied)
N_ | Multiple Policy
Y_ | Fire Alarm / Smoke Alarm / Burglar Alarm Included in Base Premium
‘Sprinkler
Windstorm Loss Reduction Included in Base Premium
Building Code Effectiveness Grading Schedule Included in Base Premium
Other Included in Base Premium
Insurer May Insert Any Other Property Coverage Below
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Loss Settlement Basis:
included, those marked N (No) indicate coverage is NOT (i.e. Replacement Cost, Actual Cash Value,
included) Stated Value, etc.)
Personal Liability Coverage
Limit of Insurance: $300,000
Medical Payments to Other Coverage
Limit of Insurance: $2,000
Liability - Additional / Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit
included)
Included Additional
Y Claim Expenses See Policy Y
Y First aid Expenses See Policy Y
Y Damage to Property of Others $500 Y
Y Loss Assessment $1,000 Y
Insurer May Insert Any Other Liability Coverage Below
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance
NOT included)
OIR-B1-1670 (1-1-06) Page 3 of 4
This page intentionally left blank
OIR-B1-1670 (1-1-06) Page 4 of 4
Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners
OUTLINE OF YOUR HOMEOWNERS POLICY
The following outline of coverage is for informational purposes PERILS INSURED AGAINST
only. Florida law prohibits this outline from changing any of Coverage A - Dwelling and Coverage B - Other Structures
the provisions of the insurance contract which is the subject of
This policy insures against risk of direct loss to covered
this outline. Any endorsement regarding changes in types of
property under Coverages A and B, unless not covered or
coverage, exclusions, limitations, reductions, deductibles,
excluded from coverage as described elsewhere in the
coinsurance, renewal provisions, cancellation provisions,
policy.
surcharges, or discounts will be sent separately.
Coverage C - Personal Property
Please read your homeowners policy carefully for
This policy insures against direct physical loss under
complete descriptions and details.
Coverage C except as limited or excluded by your policy,
Contact your agent with any questions about this policy. caused by:
SECTION | - PROPERTY COVERAGE Fire or Lightning
Windstorm or Hail
Coverage A - Dwelling Explosion or Smoke
Protects against covered loss to your dwelling and structures
Riot or Civil Commotion
attached to your dwelling. It also protects against covered
Aircraft or Vehicles
loss to building materials located on your residence premises
which are being used in connection with your residence Vandalism or Malicious Mischief
premises. Theft (on premises only)
Falling Objects
Coverage B - Other Structures Weight of Ice, Snow or Sleet
Protects against covered loss to structures on your residence
Accidental Discharge or Overflow of Water or Steam
premises not physically attached to the dwelling.
Sudden and Accidental Tearing Apart, Cracking,
Coverage C - Personal Property Burning or Bulging
Protects against covered loss to your personal property such Freezing of Plumbing or Household Appliances
as clothing and fumiture. Special limits apply to some types of Sudden and Accidental Damage from Artificially
personal property including but not limited to: money, Generated Electricity
securities, watercraft, and theft of jewelry, firearms and . Volcanic Eruption
silverware. . Catastrophic Ground Cover Collapse
There are some items not covered under Coverage C. Some PROPERTY EXCLUSIONS
examples are animals, food spoilage, motorized vehicles and
property of roomers or boarders and other tenants. Loss by This policy does not provide protection under Coverages A,
theft while property is located off the residence premises is B and C for losses resulting in any manner from:
not covered. Please review your policy for a complete list of
. Ordinance or Law
items that have special limits or are excluded. . Earth Movement and Settlement, Other than a
Catastrophic Ground Cover Collapse
Coverage D - Loss of Use Sinkhole Activity or Sinkhole Loss
Provides for the additional living expenses you incur while you Neglect or Intentional Loss
are temporarily unable to live at your home because of a War or Nuclear Hazard
covered loss. Payment would include such items as
Theft Away from the Residence Premises
temporary lodging and increased costs for food. Coverage D
Animals
is limited to 24 consecutive months from the date of the
covered loss. Pre-event evacuation expenses are not covered Off Premises Power Failure
under this policy. Inherent Vice, Decay, Defect and Mechanical
Breakdown
ADDITIONAL COVERAGES Flood and Other Water Damage
Included in your homeowners policy, these additional Constant or Repeated Seepage or Leakage of Water or
coverages include limitations and may not completely protect Steam
you against loss. . Settling, Shrinking, Bulging or Expansion
Debris Removal There are other exclusions. Please refer to your policy for
Reasonable Emergency Measures complete details regarding exclusions.
Trees, Shrubs and Other Plants
Fire Department Service Charge
OTHER LIMITATIONS
Property Removed Reasonable Emergency Measures — Necessary measures
Credit Card, Fund Transfer Card, Forgery and taken solely to protect covered property from further damage
Counterfeit Money may not exceed the greater of $3,000 or 1% of the Coverage
Loss Assessment A limit unless approval is received in advance from us.
Collapse Notice of Claim to Us - Windstorm or Hurricane - Any
Glass or Safety Glazing Material claim, supplemental claim, reopened claim for loss or
Landlord’s Furnishings damage caused by the peril of windstorm or hurricane is
Fungi, Wet or Dry Rot, Yeast or Bacteria barred unless notice of the claim, supplemental claim, or
Ordinance or Law reopened claim is given to us in accordance with the terms
of the policy within three years after the hurricane first makes
landfall or the windstorm caused the covered damage.
Notice of Claim to Us - Sinkhole Loss - Any claim,
including, but not limited to initial, supplemental, and
HC OC HO3 08 16 Page 1 of 2
Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners
reopened claims under this policy is barred unless notice of For all other cancellations, the following applies:
the claim is given to us in accordance with the terms of the When the policy has been in effect for 90 days or less and
policy within two years after you knew or reasonably should there has been a material misstatement, misrepresentation,
have known about the sinkhole loss. or failure to comply with underwriting requirements, we may
Deductibles — Your policy includes a Calendar Year cancel immediately.
Hurricane Deductible and an All Other Perils Deductible, If your policy has been in effect for 90 days or less and the
selected by you, as shown in your Declarations page. This is insurance is cancelled for other than nonpayment of premium,
the amount of the loss you must incur before this policy pays. we may cancel by giving you at least 20 days’ notice before
Sinkhole Loss — This policy does not protect you against the cancellation effective date.
loss due to sinkhole activity, unless Sinkhole Loss If your policy has been in effect over 90 days, we may cancel
Coverage is shown in your Declarations. Be sure to contact your policy for only a limited number of reasons. The reasons
your agent to obtain this important coverage. include, but are not limited to, material misstatement or
Flood Loss - This policy does not protect you against loss substantial change of risk. We will cancel by giving you
due to flood, unless Flood Coverage is shown in your advance written notice at least 120 days before the
Declarations. Flood is also available through the NFIP. cancellation effective date.
Windstorm - In some areas of the state, generally coastal Nonrenewal - If we do not intend to renew your policy, we
areas; windstorm and hail coverage, including hurricane will mail written notice to you. We will do so at least 120
coverage, may not be provided in your policy. The days before the expiration date of the policy.
exclusion of windstorm coverage is indicated by form HC Renewal - The renewal premium payment must be
WX01 in your Declarations. Be sure to contact your agent to received no later than the renewal date or the policy will
obtain this important coverage if it has been excluded from terminate.
your policy.
PREMIUM DISCOUNTS AND SURCHARGES
Loss Settlement — Buildings under Coverage A or B are
The following are brief descriptions of the premium
covered at replacement cost. However, if at the time of loss,
discounts and surcharges available on your homeowners
the amount of insurance you have purchased for the insured
policy. Your policy Declarations page will show which of
building is less than 80% of the value of the building, we will
these discounts and surcharges, if any, apply to your policy.
not pay you replacement value. Instead we will pay the
greater of either actual cash value of that part of the building Protective Devices - |f your home has a qualified central
damaged or a proportion of the cost to repair or replace that station burglar and/or fire alarm or automatic fire sprinkler
part of the damaged building which the total amount of system, you may be eligible for a premium discount.
insurance in your policy on the building bears to 80% of the Deductible Discount - Deductible options greater than the
replacement cost of the building. calendar year hurricane deductible of 2% and other perils
Vacant Property — If a loss occurs and the dwelling has been deductible of $1,000 are available at a premium discount.
vacant for more than 30 consecutive days prior to the date of Deductibles less than the standard deductibles may be
loss, there is no coverage for vandalism, sprinkler leakage, available, for an additional premium.
glass breakage, water damage, theft or attempted theft, even Windstorm Mitigation Discount - Housing features such
if they are a covered cause of loss. as roof covering, roof shape, roof deck attachm
Preview
Case Number: CACE-21-009633 Division: 25 Filing # 126643132 E-Filed 05/12/2021 10:41:04 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA LUDIE COVELLI, CASE NO.: Plaintiff, Vv. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., Defendant, COMPLAINT Plaintiff, LUDIE COVELLI (Collectively referred to hereafter as the “Insured”), hereby sues Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. (the “Insurance Company”), and alleges as follows: PARTIES, JURISDICTION AND VENUE 1 This is an action for damages that exceeds Thirty Thousand and 00/100 Dollars ($30,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a Declaratory Judgment action. 2. The Insured is an individual who at all times material hereto has resided in Broward County, Florida. 3 The Insurance Company is a Florida corporation qualified to do business in Florida and has, at all times material hereto, been conducting business in Broward County, Florida. 4 Venue is proper in Broward County, Florida because the contract, which forms the subject matter of this lawsuit, was executed in Broward County, Florida. 5 All conditions precedent to the filing of this lawsuit have occurred, have been waived or have been performed. #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/12/2021 10:41:01 AM.*##* GENERAL ALLEGATIONS 6. At all times material hereto, in consideration of a premium paid by the Insured, there was in full force and effect a certain homeowners insurance policy issued by the Insurance Company with a policy number of HCPC-HO3-346855 (the “Policy”). A true and correct copy of policy is attached hereto as Exhibit “A”. 7 Accordingly, under the terms of the Policy, the Insurance Company agreed to provide insurance coverage to the Insured’s property against certain losses. The damaged property is located at 8640 Windsor Drive, Miramar, FL, 33025 (the “Property”). 8 On or about July 3", 2020, while the Policy was in full force and effect, the Property sustained a covered loss as a result of sudden and accidental failure of plumbing system (the “Loss”). 9. The Insurance Company assigned claim number 904379 to the Loss. 10. Subsequently, on or about April 5", 2021, the Insurance Company informed the Insured that it was denying coverage for the Loss on the basis that it was not covered by the Policy. However, after diligent inspection of the Loss, it was obvious that the Property sustained damage which the Insurance Company agreed to provide coverage for under the terms of the Policy. 11. The Insured has suffered and continues to suffer damages resulting from Insurance Company’s breach of the Policy. 12. The Insured has been obligated to retain the undersigned attorneys for the prosecution of this action and is entitled to a reasonable attorney’s fee pursuant to Florida Statute Sections 627.428 and/or 626.9373. COUNTI BREACH OF CONTRACT 13. The Insured reincorporates paragraphs | through 12 as if fully set forth herein. 14. It is undisputed that the Insured and the Insurance Company entered into a written contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company agreed to insure the Insured’s Property. 15. The Insured has paid all premiums due and owing as contemplated by the Policy; thus, fully performing its obligations under the Policy. 16. The Insured’s Property sustained damage which the Insurance Company agreed to provide coverage for under the terms of the Policy. 17. Furthermore, at all times material hereto, the Insured has satisfied all post-loss obligations to the best of its ability in accordance with the Policy. 18. Tn contrast, the Insurance Company has failed to: (i) acknowledge coverage for the Loss; and/or (ii) acknowledge that payment would be forthcoming; and/or (iii) make any payment of insurance proceeds to the Insured. As a result of the foregoing, the Insurance Company has breached the Policy. 19. As a direct and proximate result of the Insurance Company’s breach of the Policy, the Insured has sustained damages. WHEREFORE, the Insured respectfully requests that this Court enter judgment against the Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant to Sections 627.428 and/or 626.9373. COUNT Il DECLARATORY JUDGMENT 20. The Insured reincorporates paragraphs | through 12 as if fully set forth herein. 21. There is a bona fide, actual, present, adverse, and practical need for this Court to render a declaration as to whether the Policy issued by Insurer to Insured provides coverage to Insured for the Loss. 22. There is doubt between the Insured and Insurer regarding coverage of the loss which affects the rights and/or privileges of the Parties. 23. This declaration deals with a present controversy as to the application of the law to facts regarding the insurance coverage available to Insured for the Loss. 24. By filing this declaratory judgment action, the Insured is not requesting that the Court merely provide legal advice or answer questions propounded from curiosity. 25. Based upon the foregoing, the Insured is entitled to a declaratory judgment, holding that coverage does exist for the Loss; thus removing any doubt that exists between the Parties. 26. Pursuant to Section 86.081, Florida Statues, the Insured is entitled to costs. WHEREFORE, the Insured respectfully seeks the entry of a declaratory judgment against the Insurer holding that the Loss is covered under the Policy, plus costs and attorney fees for bringing this action and such other relief as the Court deems just and proper. JURY TRIAL DEMAND Plaintiff hereby demands a trial by jury on all issues so triable. Dated this 12" day of May, 2021. Respectfully Submitted, Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 18th Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email: YIA3@Yourinsuranceattorney.com Secondary Email: Eservice@Yourinsuranceattorney.com By: /s/ Waximo A. Santiago Maximo A. Santiago, Esq. Florida Bar No. 669733 Massiel C. Vazquez, Esq. Florida Bar No. 1018247 Ariana Rubio Di Natale, Esq. Florida Bar No. 1025882 EXHIBIT "A" Ou... H OMEOWNERS CHOICE Property & CASUALTY InsuraNCE Company, INC. This is a true and correct certified copy of the Declaration page and applicable forms for LUDIE COVELLL, Policy Number HCPC—HO3-346855-9. Cheuyl Cuun-Wynn Signed: State of Florida County of Hillsborough With respect to the above: The above named signatory has sworn to and subscribed before me by Cheryl Crum-Wynn, the information contained within this document is accurate and true. The above signatory is personally known to me Carmen Rivera. Caumen Rivera Signature of Notary Notary Public for the State of Florida Commission # GG 040744 Expires Feb. 17, 2021 Homeowners CHOICE Property & CASUALTY INSURANCE COMPANY, INC. Post Office Box 22967 | Tampa, Florida 33622 Claims Phone: 877.235.5076 | Claims Fax: 813.443.0830 | www.hcpci.com “en acs OrzZ a2“ oan a4 On zy Bz SE 68a VE ose Hs 5 uss Ew zu OEZ 0 Bog ED Aa 4 HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. PRIVACY POLICY ‘Your Privacy is Our Concern Homeowners Choice Property & Casualty Insurance Company, Inc. and its affiliates strive to provide high quality insurance products and excellent customer service. In doing so, we will obtain and develop personal information about you and your family. We consider this information confidential and have procedures in place to protect this information against unlawful use and disclosure. This Privacy Policy describes how we obtain and use information about you, and how we protect that information. It applies both to current and former policyholders. Our Basic Privacy Principles . We do not sell policyholder information. . We do not disclose policyholder information except as necessary or appropriate to provide insurance products and services, and as otherwise allowed or required by law When we share policyholder information with nonaffiliated vendors and service providers, we contractually require them to maintain confidentiality and to use the information solely for the purposes for which we provide the information. We maintain procedural, technical and physical safeguards to protect policyholder information Sources of Personal Information We may obtain personal information about you from several sources. We obtain most of our information directly from you or through your agent, on insurance applications and forms you submit and other interactions you have with us. We also will lear information about you from servicing your policy. We might also receive information from outside vendors that furnish us with information relating to your eligibility for insurance, your existing or prospective policy, and your claims. These vendors may include consumer reporting agencies, home inspection companies, statistical or reporting bureaus in addition to other sources. Tf you visit an Internet website that we maintain, we might obtain information about you that will enable us to identify you as a user, including your name, a user name, a password, and password reminders. We also might obtain information about your web browser, operating system and similar information to improve the performance and operation of our site. Our Use of Your Personal Information We will not sell your personal information to anyone, except to someone purchasing all or a portion of our business. We do not share any of the personal information we collect except among members of our corporate group (ic. affiliates), non-affiliated vendors and service providers, joint marketers, agents and as permitted or required by law. Typically we share information only to the extent necessary or appropriate to offer and provide our insurance products and services to you and to improve our products and services, as well as to effect, administer or enforce transactions that you request. For example, we might provide information about you and your policy to a company that prints and mails our insurance policies or to a company that adjusts any claims you may have. We might also share any personal information we collect with companies that perform marketing services on our behalf and other financial institutions with which we have joint marketing agreements. We might share information with your insurance agent. When we share policyholder information with nonaffiliated parties, we contractually require them to maintain confidentiality and to use the information solely for purposes for which we provide the information. We also are permitted or required to share information with certain other parties listed in federal law and state rules, such as insurance advisory organizations, rating agencies, regulatory authorities, consumer reporting agencies and attorneys and accountants. How We Protect Your Personal Information We maintain physical, electronic, and procedural safeguards to ensure the confidentiality of the personal information we obtain about you. We restrict access to your personal information to those employees who need to know that information to provide services to you. Affiliates This notice describes the practices and procedures of Homeowners Choice Property & Casualty Insurance Company, Inc. and its affiliates, HCI Group, Inc., Homeowners Choice Managers, Inc., Southem Administration, Inc., and Claddaugh Casualty Insurance Company Ltd. This summary of our practices is furnished for your information. No action is required by you upon receipt of this notice. If you have any questions, you may contact us at: Homeowners Choice Property & Casualty Insurance Company, Inc. 5300 West Cypress Street, Suite 100, Tampa, FL 33607 Attention: General Counsel Toll free (888) 210-5235 (06 13) This page intentionally left blank Cr Homeowners Choice Property & Casualty Insurance Company, Inc.™ Homeowners Policy 5300 W. CYPRESS STREET, SUITE 100 TAMPA, FL 33607 CUSTOMER SERVICE: (888) 210-5235 TO REPORT A CLAIM, PLEASE CALL: (866) 324-3138 HCPC HOJ 09 15 Page 1 of 2 JHndindndadnceicdacatcaa MIPORTANT NOTIC Bett tt tiniininsneiiiiir This policy is issued on behalf of Homeowners Choice Property & Casualty Insurance Company, Inc. (the Company) and by acceptance of this policy, you agree that: 1. The statements in the application are your representations; 2. This policy is issued in reliance upon the truth of those representations; and 3. This policy embodies all agreements existing between you and Homeowners Choice Property & Casualty Insurance Company, Inc. and any of our Producers relating to this policy. IN WITNESS WHEREOF: In consideration of your paid premium, the Company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the Company. “Qi Se eL Robert B. Reid, CPCU, Vice President - Operations Homeowners Choice Property & Casualty Insurance Company, Inc. HCPC HOJ 09 15 Page 2 of 2 Frome H OMEOWNERS CHOICE For policy questions, please contact your agent at For claims please call (305) 887-9544 (866) 324-3138 Prorerty & CasuALTY INsURANCE Company, INC. For customer service please call (888) 210-5235 Homeowners Choice Property & Casualty Insurance Company Homeowners HO-3 Policy Declarations - Renewal Named Insured: Insured Location Policy Number HCPC-HO3-346855-9 Covered by this Policy: LUDIE COVELLI 8640 WINDSOR DR. 8640 WINDSOR DR. MIRAMAR, FL 33025 Renewal MIRAMAR, FL 33025-2754 Policy Effective Date: May 30, 2020 12:01AM Policy Expiration Date: May 30, 2021 12:01AM County: BROWARD COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE Coverages Limit of Liability Annual Premium Forms, Notices and Endorsements: Section | HCPC HOJ 09 15 HO 04 96 04 91 OIR-B1-1670 (1-1-06) HCPC HO 23 70 05 08 A. Dwelling $250,100 $5,568 HC OC HO3 08 16 B. Other Structures $25,010 Included OIR-B1-1655 (Rev. 02/10) C. Personal Property $80,532 (87) HC WL 05 13 HC 09 DN 12 13 D. Loss of Use $25,010 Included HC HO OL 12 17 Section Il HC HO3 TOC 01 20 E. Personal Liability $300,000 $18 HC HO3 01 20 HC CGCC HO3 03 13 F. Medical Payments $2,000 Included HC 24 07 08 Endorsement Premium Total (See Details, P.2) $0 Rating Information: Credits and Charges: Year Built: 1972 Coverage A Increased due to an Inflation Factor Construction: M Building Code Effectiveness Grading Adjustment Territory: 37 Windstorm Mitigation Credit Protective Device Credit Protection Class: 5 BCEG Grade: 99 Sprinkler: N Fire Alarm: No Underwriting Surcharges (See Details, P.2) $1,206 Burglar Alarm: Yes Total Annual Policy Premium $6,785 Wind Mitigation Factor: 0.070 (32501) Policy Fees (See Details, P.2) $27 Deductible-Section | In case of a loss, we cover only that part of Endorsement Fees (See Details, P.2) $o the loss over the deductible stated: Total Policy Charges $6,812 No Sinkhole Coverage Premium Change Due to Rate Change $616 $1000 All Other Perils Deductible Premium Change Due to Coverage Change $179 Fee Change from Prior Term $0 2% ($5002) Hurricane Deductible The Hurricane portion of the Premium is: $4,322 The Non-Hurricane portion of the Premium is: $2,463 Please see Page 2 of the Declarations Page for important notices that apply to this policy. Agent: BARBARA AYASH Other: Bill To: 1st Lien ALL SECURITY INSURANCE AGENCY INC st Lien - SELECT PORTFOLIO SERVICI, ITS SUCCESSORS AND/OR 373 N ROYAL POINCIANA BLVD ASSIGNS, PO BOX 7277 MIAMI SPRINGS, FL 33166 SPRINGFIELD, OH 45501 Loan # 1026110656 Phone: (305) 887-9544 “elk se L Authorized Countersignature: Aug 10, 2020 2:29PM Page 1 of 2 HC DEC2 03 05 13 Policy Number: HCPC-HO3-346855-9 Endorsement Premium Details Limit of Liability Annual Premium Personal Property Replacement Coverage Not Included Mold Coverage Property $10,000 Included Mold Coverage Liability $50,000 Included Permitted Incidental Occupancy Not Included Rental Surcharge - Property Not Included Rental Surcharge - Liability Not Included Loss Assessment Coverage $1,000 Included Ordinance or Law Coverage 25% of Coverage A Included Endorsement Premium Total $0 Underwriting Surcharges Details No Prior Insurance or Dec Page Adjustment $0 Seasonal or Unoccupied Surcharge $0 Age of Home Adjustment $1,206 Rate Equalization Credit $0 Voluntary Writing Credit $0 Discount Capping Adjustment $0 Underwriting Surcharges Total $1,206 Policy Fee Details Managing General Agency Fee $25 Emergency Management Preparedness and Assistance Trust Fund Fee $2 Florida Hurricane Catastrophe Fund Emergency Assessment $0 Citizens Property Insurance Corporation 2005 Emergency Assessment $0 2012 Florida Insurance Guaranty Association Regular Assessment $0 Policy Fee Total $27 Policy Changes and Endorsements Date Effective Premium Change Endorsement Total $0 NOTICES THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF- POCKET EXPENSES TO YOU. LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. THIS HOMEOWNERS POLICY DOES NOT COVER LOSSES DUE TO FLOOD AND RISING WATER. PLEASE CONTACT YOUR AGENT TO OBTAIN A NATIONAL FLOOD INSURANCE PROGRAM POLICY. Page 2 of 2 HC DEC2 03 05 13 Checklist of Coverage Policy Type: Homeowners (HO3) The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’ Helpline at (800) 342-2762 or www.fldfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limit of Insurance: $250,100 Loss Settlement Basis: Replacement Cost Other Structure Coverage (Detached from Dwelling) Limit of Insurance: $25,010 Loss Settlement Basis: Replacement Cost Personal Property Coverage Limit of Insurance: $80,532 Loss Settlement Basis: Actual Cash Value Deductibles Annual Hurricane: $5002 All Perils (Other Than Hurricane): $1,000 OIR-B1-1670 (1-1-06) Page 1 of 4 Checklist of Coverage (continued) The above Limit of Insurance, deductibles, and Loss Settlement Basis apply to the following perils insured against: (Items marked below Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Fire or Lightning Hurricane Flood (Including storm surge) Windstorm or Hail (other than hurricane) Explosion Riot or Civil Commotion Aircraft Vehicles Smoke Vandalism or Malicious Mischief Theft Falling Objects Weight of Ice, Snow or Sleet Accidental Discharge or Overflow of Water or Steam Sudden and Accidental Tearing Apart, Cracking, Burning or Bulging Freezing Sudden and Accidental Damage from Artificially Generated Electrical Current Volcanic Eruption Sinkhole Any Other Peril Not Specifically Excluded (dwelling and other structures only) Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. Loss of Use Coverage Coverage Limit of Insurance Time Limit (Items below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is NOT included) Y_ | Additional Living Expense 24 Consecutive Months Y | Fair Rental Value $25,010 24 Consecutive Months Y_| Civil Authority Prohibits Use 2 Weeks Property - Additional / Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit included) Included Additional Y Debris Removal See Policy Y Y Reasonable Repairs See Policy Y Y Property Removed See Policy Y Credit Card, Electronic Fund Transfer Card, or $500 Access Device, Forgery and Counterfeit Money Loss Assessment $1,000 Collapse See Policy Glass or Safety Glazing Material See Policy Landlord's Furnishings See Policy Law and Ordinance $62,525 Grave Markers Mold / Fungi $10,000 OIR-B1-1670 (1-1-06) Page 2 of 4 Checklist of Coverage (continued) Discounts (Items below marked Y (Yes) indicate discount IS applied, those marked Dollar ($) Amount of Discount N (No) indicate discount is NOT applied) N_ | Multiple Policy Y_ | Fire Alarm / Smoke Alarm / Burglar Alarm Included in Base Premium ‘Sprinkler Windstorm Loss Reduction Included in Base Premium Building Code Effectiveness Grading Schedule Included in Base Premium Other Included in Base Premium Insurer May Insert Any Other Property Coverage Below (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Loss Settlement Basis: included, those marked N (No) indicate coverage is NOT (i.e. Replacement Cost, Actual Cash Value, included) Stated Value, etc.) Personal Liability Coverage Limit of Insurance: $300,000 Medical Payments to Other Coverage Limit of Insurance: $2,000 Liability - Additional / Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit included) Included Additional Y Claim Expenses See Policy Y Y First aid Expenses See Policy Y Y Damage to Property of Others $500 Y Y Loss Assessment $1,000 Y Insurer May Insert Any Other Liability Coverage Below (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance NOT included) OIR-B1-1670 (1-1-06) Page 3 of 4 This page intentionally left blank OIR-B1-1670 (1-1-06) Page 4 of 4 Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners OUTLINE OF YOUR HOMEOWNERS POLICY The following outline of coverage is for informational purposes PERILS INSURED AGAINST only. Florida law prohibits this outline from changing any of Coverage A - Dwelling and Coverage B - Other Structures the provisions of the insurance contract which is the subject of This policy insures against risk of direct loss to covered this outline. Any endorsement regarding changes in types of property under Coverages A and B, unless not covered or coverage, exclusions, limitations, reductions, deductibles, excluded from coverage as described elsewhere in the coinsurance, renewal provisions, cancellation provisions, policy. surcharges, or discounts will be sent separately. Coverage C - Personal Property Please read your homeowners policy carefully for This policy insures against direct physical loss under complete descriptions and details. Coverage C except as limited or excluded by your policy, Contact your agent with any questions about this policy. caused by: SECTION | - PROPERTY COVERAGE Fire or Lightning Windstorm or Hail Coverage A - Dwelling Explosion or Smoke Protects against covered loss to your dwelling and structures Riot or Civil Commotion attached to your dwelling. It also protects against covered Aircraft or Vehicles loss to building materials located on your residence premises which are being used in connection with your residence Vandalism or Malicious Mischief premises. Theft (on premises only) Falling Objects Coverage B - Other Structures Weight of Ice, Snow or Sleet Protects against covered loss to structures on your residence Accidental Discharge or Overflow of Water or Steam premises not physically attached to the dwelling. Sudden and Accidental Tearing Apart, Cracking, Coverage C - Personal Property Burning or Bulging Protects against covered loss to your personal property such Freezing of Plumbing or Household Appliances as clothing and fumiture. Special limits apply to some types of Sudden and Accidental Damage from Artificially personal property including but not limited to: money, Generated Electricity securities, watercraft, and theft of jewelry, firearms and . Volcanic Eruption silverware. . Catastrophic Ground Cover Collapse There are some items not covered under Coverage C. Some PROPERTY EXCLUSIONS examples are animals, food spoilage, motorized vehicles and property of roomers or boarders and other tenants. Loss by This policy does not provide protection under Coverages A, theft while property is located off the residence premises is B and C for losses resulting in any manner from: not covered. Please review your policy for a complete list of . Ordinance or Law items that have special limits or are excluded. . Earth Movement and Settlement, Other than a Catastrophic Ground Cover Collapse Coverage D - Loss of Use Sinkhole Activity or Sinkhole Loss Provides for the additional living expenses you incur while you Neglect or Intentional Loss are temporarily unable to live at your home because of a War or Nuclear Hazard covered loss. Payment would include such items as Theft Away from the Residence Premises temporary lodging and increased costs for food. Coverage D Animals is limited to 24 consecutive months from the date of the covered loss. Pre-event evacuation expenses are not covered Off Premises Power Failure under this policy. Inherent Vice, Decay, Defect and Mechanical Breakdown ADDITIONAL COVERAGES Flood and Other Water Damage Included in your homeowners policy, these additional Constant or Repeated Seepage or Leakage of Water or coverages include limitations and may not completely protect Steam you against loss. . Settling, Shrinking, Bulging or Expansion Debris Removal There are other exclusions. Please refer to your policy for Reasonable Emergency Measures complete details regarding exclusions. Trees, Shrubs and Other Plants Fire Department Service Charge OTHER LIMITATIONS Property Removed Reasonable Emergency Measures — Necessary measures Credit Card, Fund Transfer Card, Forgery and taken solely to protect covered property from further damage Counterfeit Money may not exceed the greater of $3,000 or 1% of the Coverage Loss Assessment A limit unless approval is received in advance from us. Collapse Notice of Claim to Us - Windstorm or Hurricane - Any Glass or Safety Glazing Material claim, supplemental claim, reopened claim for loss or Landlord’s Furnishings damage caused by the peril of windstorm or hurricane is Fungi, Wet or Dry Rot, Yeast or Bacteria barred unless notice of the claim, supplemental claim, or Ordinance or Law reopened claim is given to us in accordance with the terms of the policy within three years after the hurricane first makes landfall or the windstorm caused the covered damage. Notice of Claim to Us - Sinkhole Loss - Any claim, including, but not limited to initial, supplemental, and HC OC HO3 08 16 Page 1 of 2 Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners reopened claims under this policy is barred unless notice of For all other cancellations, the following applies: the claim is given to us in accordance with the terms of the When the policy has been in effect for 90 days or less and policy within two years after you knew or reasonably should there has been a material misstatement, misrepresentation, have known about the sinkhole loss. or failure to comply with underwriting requirements, we may Deductibles — Your policy includes a Calendar Year cancel immediately. Hurricane Deductible and an All Other Perils Deductible, If your policy has been in effect for 90 days or less and the selected by you, as shown in your Declarations page. This is insurance is cancelled for other than nonpayment of premium, the amount of the loss you must incur before this policy pays. we may cancel by giving you at least 20 days’ notice before Sinkhole Loss — This policy does not protect you against the cancellation effective date. loss due to sinkhole activity, unless Sinkhole Loss If your policy has been in effect over 90 days, we may cancel Coverage is shown in your Declarations. Be sure to contact your policy for only a limited number of reasons. The reasons your agent to obtain this important coverage. include, but are not limited to, material misstatement or Flood Loss - This policy does not protect you against loss substantial change of risk. We will cancel by giving you due to flood, unless Flood Coverage is shown in your advance written notice at least 120 days before the Declarations. Flood is also available through the NFIP. cancellation effective date. Windstorm - In some areas of the state, generally coastal Nonrenewal - If we do not intend to renew your policy, we areas; windstorm and hail coverage, including hurricane will mail written notice to you. We will do so at least 120 coverage, may not be provided in your policy. The days before the expiration date of the policy. exclusion of windstorm coverage is indicated by form HC Renewal - The renewal premium payment must be WX01 in your Declarations. Be sure to contact your agent to received no later than the renewal date or the policy will obtain this important coverage if it has been excluded from terminate. your policy. PREMIUM DISCOUNTS AND SURCHARGES Loss Settlement — Buildings under Coverage A or B are The following are brief descriptions of the premium covered at replacement cost. However, if at the time of loss, discounts and surcharges available on your homeowners the amount of insurance you have purchased for the insured policy. Your policy Declarations page will show which of building is less than 80% of the value of the building, we will these discounts and surcharges, if any, apply to your policy. not pay you replacement value. Instead we will pay the greater of either actual cash value of that part of the building Protective Devices - |f your home has a qualified central damaged or a proportion of the cost to repair or replace that station burglar and/or fire alarm or automatic fire sprinkler part of the damaged building which the total amount of system, you may be eligible for a premium discount. insurance in your policy on the building bears to 80% of the Deductible Discount - Deductible options greater than the replacement cost of the building. calendar year hurricane deductible of 2% and other perils Vacant Property — If a loss occurs and the dwelling has been deductible of $1,000 are available at a premium discount. vacant for more than 30 consecutive days prior to the date of Deductibles less than the standard deductibles may be loss, there is no coverage for vandalism, sprinkler leakage, available, for an additional premium. glass breakage, water damage, theft or attempted theft, even Windstorm Mitigation Discount - Housing features such if they are a covered cause of loss. as roof covering, roof shape, roof deck attachm