Complaint,Petition: RIVERON ESTRADA, BETSYS Y vs AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA

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                                Filing # 128478858 E-Filed 06/10/2021 10:41:28 AM

BETSYS Y. RIVERON ESTRADA and IN THE CIRCUIT COURT OF THE
YASEL PEREZ PARDO, 12TH JUDICIAL CIRCUIT IN AND FOR
SARASOTA COUNTY, FLORIDA

Plaintiffs,
‘ CASE NO::
AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA,

Defendant.

/
COMPLAINT

Plaintiffs, BETSYS Y. RIVERON ESTRADA and YASEL PEREZ PARDO (collectively
referred to hereafter as the “Insured”), hereby sue Defendant, AMERICAN INTEGRITY
INSURANCE COMPANY OF FLORIDA (the “Insurance Company”), and allege as follows:

PARTIES, JURISDICTION AND VENUE

 

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

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

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

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

waived or have been performed.

Filed 06/10/2021 10:51 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLGENERAL 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 AGH0138372 (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 3609 Schwalbe Drive, Sarasota, FL 34235 (the “Property”).

8. On or about May 9, 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 CHO-00104637 to the Loss.

10. Subsequently, on or about March 16, 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.  Asofthe date of the filing of this lawsuit, the Insurance Company has failed to: (1)
acknowledge that payment would be forthcoming; and/or (11) make any payment of insurance
proceeds to the Insured. As a result of the foregoing, the Insurance Company has breached the

Policy.12. The Insured have suffered and continue to suffer damages resulting from Insurance
Company’s breach of the Policy.
13. The Insured have been obligated to retain the undersigned attorneys for the

prosecution of this action and are entitled to a reasonable attorney’s fee pursuant to Florida Statute
Sections 627.428 and/or 626.9373.

COUNT I
BREACH OF CONTRACT

14. The Insured reincorporate paragraphs | through 13 as if fully set forth herein.

15. 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.

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

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

18. Furthermore, at all times material hereto, the Insured have satisfied all post-loss
obligations to the best of their ability in accordance with the Policy.

19. —_ In ccontrast, the Insurance Company has failed to: (1) acknowledge coverage for the
Loss; and/or (11) acknowledge that payment would be forthcoming; and/or (111) make any payment
of insurance proceeds to the Insured. As a result of the foregoing, the Insurance Company has
breached the Policy.

20.  Asadirect and proximate result of the Insurance Company’s breach of the Policy,

the Insured have sustained damages.

WHEREFORE, the Insured respectfully request that this Court enter judgment against theInsurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant
to Sections 627.428 and/or 626.9373, Florida Statutes.

COUNT II
DECLARATORY JUDGMENT

21. The Insured reincorporate paragraphs | through 13 as if fully set forth herein.

22. 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.

23. There 1s doubt between the Insured and Insurer regarding coverage of the loss
which affects the rights and/or privileges of the Parties.

24. 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.

25. By filing this declaratory judgment action, the Insured are not requesting that the
Court merely provide legal advice or answer questions propounded from curiosity.

26. Based upon the foregoing, the Insured are entitled to a declaratory judgment,
holding that coverage does exist for the Loss; thus removing any doubt that exists between the
Parties.

27. Pursuant to Section 86.081, Florida Statues, the Insured are entitled to costs.

WHEREFORE, the Insured respectfully seek the entry of a declaratory judgment against the
Insurer holding that the Loss 1s 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
Plaintiffs hereby demand a trial by jury on all issues so triable.

Dated this 10 day of June 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: YIA13@Yourinsuranceattorney.com

Secondary Email: Eservice@Y ourinsuranceattorney.com

By. /s/ Aristides Diaz, Esq.
Aristides “Kico” Diaz, Esq.
Florida Bar No. 1184003 American Integrity Insurance Company of Florida
f BE

BON 5426 Bay Center Drive, Suite 600

IT EGRITY Tampa, FL 33609
A RGNTENE E POLICY NUMBER: AGH0138372

HOMEOWNERS POLICY DECLARATIONS

LJNew Issue [X] Renewal L_Ichange

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POLICY FORM: HO3
IMPORTANT PHONE NUMBERS:
Your Agency: (561) 471-9813
Customer Service: (866) 968-8390
Claims Reporting: (866) 277-9871

Policy Effective Date: 10/14/2019

Policy Expiration Date: 10/14/2020
12:01 a.m. STANDARD TIME at the residence premises

INSURED NAME AND MAIL ADDRESS:

Betsys Y Riveron Estrada
Yasel Perez Pardo
3609 Schwalbe DR
Sarasota, FL 34235-8962

YOUR AMERICAN INTEGRITY AGENCY IS:
GLV Insurance Agency, Inc dba InsuranceE
2005 Vista Pkwy Ste 200

West Palm Beach, FL 33411-6700

Residence Premises covered by this policy is:
3609 Schwalbe DR, Sarasota, FL 34235-8962

County: Sarasota

TOTAL ANNUAL POLICY PREMIUM: $1,210.00
The Hurricane portion of the premium is: $902.00
The non-Hurricane portion of the premium is: $266.00

Insurance is provided only with respect to the following coverages for which a limit of liability and/or premium is
specified, subject to all conditions of this policy. Based on the information available to us, the premium shown is
the lowest we offer for which you qualify.

SECTION | — PROPERTY COVERAGES LIMIT OF LIABILITY PREMIUM

Coverage A — Dwelling $151,000 $1,168.00
Coverage B — Other Structures $1,510 Included
Coverage C — Personal Property $37,750 Included
Coverage D — Loss of Use $15,100 Included
Ordinance or Law: 25% of Coverage A $37,750 Included
SECTION | —- DEDUCTIBLES:
In case of a property loss, we only cover that part of the loss over the deductible(s) stated:

All Other Perils: $2,500

Windstorm or Hail (Other Than Hurricane) $2,500

HURRICANE: 2% of Coverage A $3,020

sinkhole: Not Included
SECTION Il — LIABILITY COVERAGES
Coverage E - Personal Liability $300,000 $15.00
Coverage F - Medical Payments to Others $1,000 Included

AllC DEC 07 19 Print Date: 08/15/2019 Page 1

EXHIBIT "A"fA ® | American Integrity Insurance Company of Florida
LN 5426 Bay Center Drive, Suite 600

NUT EGRITY Tampa, FL 33609
“eee POLICY NUMBER: AGH0138372

 

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OPTIONAL COVERAGES: LIMIT OF LIABILITY PREMIUM
Limited Water Damage $10,000 $44.00
Water Damage Exclusion Included -$55.00
Ordinance or Law $37,750 Included

DISCOUNTS AND SURCHARGES:

Burglar Alarm
Electronic Policy Distribution
Windstorm Loss Mitigation

Total discounts and/or surcharges applied: -$260.00

POLICY FEES:

Managing General Agency (MGA) Fee $25.00
Emergency Management Preparedness and Assistance Surcharge $2.00

FORM AND ENDORSEMENTS:

Greeting Letter AllC RN GL 08 19
Privacy Statement AllC PS 05 19
Deductible Notification Options AllC HO3 DO 07 19
Limitations on Roof Coverage AllC RWT 01 19
Policy Jacket AllC PJ 07 15
Notice of Change in Policy Terms AllC NOC 01 19
Homeowners 3 Special Form AllC HO3 07 18
Limited Water Damage Coverage AllC LWD 08 18
Premises Protective Devices AllC PPD 11 14
Outline of Your Homeowners Policy AllC HO3 OC 07 18
Checklist of Coverage OIR B1 1670
Notice of Premium Discounts for Hurricane Loss Mitigation OIR B1 1655 02 10
Notice of Consumer Reports Ordered and AllC NCR 03 19

Information Used in Premium Determiniation

These Declarations together with the Policy Jacket, Policy Form and endorsements, if any, issued to form
a part thereof, complete the above numbered policy.

7 (— Lekeh.:

Authorized Countersignature: Date Signed: 08/15/2019

AllC DEC 07 19 Print Date: 08/15/2019 Page 2oe “EON “get e spat aoagies:

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fe pa Fy f ee ON American Integrity Insurance Company of Florida
“rs INTEGRITY Tampa, FL 33609
eo POLICY NUMBER: AGH0138372

RATING INFORMATION:
Construction Type: Frame

Year of Construction: 1957
Year of Root/Updated: 2017

Type of Residence: Owner Occupied
Dwelling Type: Single Family

Number of Months Occupied: 9 to 12 Months
Occupancy: Owner

ADDITIONAL INTEREST(S):

First Mortgagee

Point Financial corporation, ISAOA/ATIMA C/O Cenlar Loan Administration
PO BOX 202028

Florence, SC 29502-2028

1111159942

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.

A rate adjustment of -$232.00 is included to reflect the Windstorm Loss Mitigation Device Discount. This
discount applies only to the wind portion of your premium and can range from a 0% to 89% discount.

A rate adjustment of $0.00 is included to reflect the Building Code Effectiveness Grade in your area.
Adjustments range from a 1% surcharge to a 12% discount.

Property Coverage limits have increased at renewal due to an inflation factor of 5%, as determined by an
industry approved replacement cost estimator index to maintain insurance to an approximate replacement cost
of the home.

The difference in premium due to an approved rate decrease -$41.00.

AllC DEC 07 19 Print Date: 08/15/2019 Page 3American Integrity Insurance Company of Florida AllC PJ 07 15

American Integrity
Insurance Company

of Florida

Policy Jacket

5426 Bay Center Drive
Suite 650
Tampa, FL 33609-3440

Customer Service: 1-866-968-8390

IN WITNESS WHEREOF: In consideration of your paid premium, American Integrity
Insurance Company of Florida is proud to extend to you the coverage offered by this

insurance contract.

>
i ( YO tele

President, American Integrity Insurance Company of Florida

AllC PJ 07 15 Page 1 of 1American Integrity Insurance Company of Florida AllC NOC 01 19

NOTICE OF CHANGE IN POLICY TERMS

Please be advised that the language in some areas of your policy has been revised and changes
your coverage and the conditions within your property policy. Many of these policy changes are
required as a result of changes in Florida law.

An overview of the changes is described below; however, it is important for you to read all of the
enclosed documents to fully understand these changes and your coverage. If you have any
questions about these changes or need assistance with your policy, please contact your agent. Your
agent's contact information can be found on your Declarations Page.

CHANGES TO YOUR POLICY

 

Limitations on Roof Coverage
The Section 1 Exclusions has been amended. Please read the Limitations on Roof Coverage

Endorsement for coverage changes.

AllC NOC 01 19 Page 1 of 1American Integrity Insurance Company of Florida

HOMEOWNERS 3 SPECIAL FORM

TABLE OF CONTENTS

Beginning on Page

GENERAL
Agreement 3
Definitions 3

SECTION I - PROPERTY COVERAGES

Coverage A — Dwelling
Coverage B- Other Structures

Special Limits of Liability - Coverage A- Dwelling and Coverage B- Other Structures
Coverage C- Personal Property

Covered Property
Limit for Property at Other Locations
Special Limits of Liability
Property Not Covered
Coverage D- Loss of Use
Additional Living Expenses

Civil Authority Prohibits Use
Additional Coverages

Debris Removal

Reasonable Emergency Measures
Trees, Shrubs and Other Plants
Fire Department Service Charge

Property Removed
Credit Card, Fund Transfer Card, Forgery and Counterfeit Money

Loss Assessment

Collapse

Glass or Safety Glazing Material
Landlord’s Furnishings

Ordinance or Law
Fungi, Mold, Wet or Dry Rot, or Bacteria

PERILS INSURED AGAINST

Coverage A — Dwelling and Coverage B — Other Structures
Coverage C — Personal Property

EXCLUSIONS

Ordinance or Law

Earth Movement and Settlement
Water Damage
Power Failure

Neglect

War
Nuclear Hazard

Intentional Loss

Criminal Activity

Existing Damage

Loss Caused by “Sinkhole”

Accidental Discharge or Overflow of Water or Steam
Diminished Value

“Fungi, Mold, Wet or Dry Rot, or Bacteria

Weather Conditions

Acts or Decisions

Faulty, Inadequate or Defective

meme me ee ee ee ee Ce Ce Ce Ce CACC eee ee ee
Annaiainanaanaanankh BABRBAR ROB BBO DOOPVOEODDO WW ODMH WMANDDD OD OO

AllC HO3 07 18 Includes copyrighted material of ISO, Inc., with its permission Page 1 of 27American Integrity Insurance Company of Florida AIIC HO3 07 18

 

CONDITIONS 15
Insurable Interest and Limit of Liability 15
Duties After Loss 16
Loss Settlement 16
Loss to a Pair or Set 17
Glass Replacement 17
Mediation or Appraisal 18
Other Insurance 18
Suit Against Us 18
Our Option 18
Loss Payment 18
Abandonment of Property 18
Mortgage Clause 18
No Benefit to Bailee 19
Nuclear Hazard Clause 19
Recovered Property 19
Volcanic Eruption Period 19
What Law Governs 19
Adjustment to Property Coverage Limits 19
Deductible 19
Salvage 20
SECTION Il — LIABILITY 20
Coverage E — Personal Liability 20
Coverage F- Medical Payments to Others 20
EXCLUSIONS 20
COVERAGE E — Personal Liability and COVERAGE F — Medical Payments to Others 20
COVERAGE E -— Personal Liability 22
COVERAGE F — Medical Payments to Others 23
ADDITIONAL COVERAGES 23
Claims Expenses 23
First Aid Expenses 24
Damage to Property of Others 24
Loss Assessment 24
CONDITIONS 24
Limit of Liability 25
Severability of Insurance 25
Duties After Loss 25
Duties of an Injured Person — Coverage F — Medical Payments to Others 29
Payment of Claims — Coverage F — Medical Payments to Others 25
Suit Against Us 295
Bankruptcy of an Insured 25
Other Insurance — Coverage E — Personal Liability 29
What Law Governs 25
SECTION | AND II — CONDITIONS 29
Policy Period 25
Concealment or Fraud 25
Liberalization Clause 26
Waiver or Change of Policy Provisions 26
Cancellation 26
Non-Renewal 2/
Assignment 2/
Our Rights to Recover Payment 2/
Our Rights to Obtain Salvage 2/
Death 2/
Renewal Notification 2/
Receipt of Notice 2/
48 Hours' Notice Required 2/

AIIC HO3 07 18 Includes copyrighted material of ISO, Inc., used with permission. Page 2 of 27American Integrity Insurance Company of Florida AIIC HO3 07 18

HOMEOWNERS 3 SPECIAL FORM

 

AGREEMENT
This policy is issued on behalf of the American Integrity Insurance Company of Florida and by acceptance of this policy, you
agree:
1. That the statements in the Application(s) are your representations;
2. That this policy is issued in reliance upon the truth of those representations;
3. hat this policy embodies all agreements existing between you and the American Integrity Insurance Company relating to this
policy.
We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this

 

Met.

policy. Based on the information “you” have given “us,” “we” agree to provide the insurance coverages indicated on the Policy
Declarations. In return, “you” must pay the premium when due and comply with the policy terms and conditions.

DEFINITIONS

In this policy, “you” and “your” refer to the “named insured” shown in the Declarations and the spouse if a resident of the same
household. “We,” “us” and “our” refer to the Company providing this insurance. In addition, certain words and phrases are defined as
follows:

1. “Abrupt collapse” means an abrupt falling down or caving in of a building or any part of a building with the result that the
building or part of the building cannot be occupied for its intended purpose.

2. “Accident” means an incident that happens unexpectedly and unintentionally resulting in damage or injury.

3. “Actual Cash Value” means the cost to repair or replace covered property, at the time of loss or damage, whether that property
has sustained partial or total loss or damage, with material of like kind and quality, subject to a deduction for deterioration,
depreciation and obsolescence as determined by us.

4. “Bodily injury” means bodily harm, sickness or disease, including required care, loss of services and death that results.

on

“Business” includes trade, profession or occupation.

6. “Carport(s)” means an aluminum framed structure designed to offer limited protection for vehicles from the weather, whether or
not attached to the main dwelling.

7. “Catastrophic Ground Cover Collapse” means geological activity that results in all of the following:

a. The abrupt collapse of the ground cover;
b. A depression in the ground cover clearly visible to the naked eye;

c. “Structural damage’ to the “principal building” insured under Coverage A - Dwelling, including the foundation; and
d. The “principal building” being condemned and ordered to be vacated by the governmental agency authorized by law to
issue such an order for that principal building.

“Catastrophic Ground Cover Collapse” coverage Is restricted to the “principal building” insured under Coverage A — Dwelling
pursuant to Florida Statute 627./706(1)(c) and does not extend to appurtenant structures or any structures that are attached to
the livable square footage of the “principal building,” including, but not limited to, patios, walkways, sidewalks, fences, screen
enclosures, pavement, decks, porches, lanais, driveways, carports, pools, spas, and gazebos, other than those structures that
are part of the “principal building’s” foundation or are under the “principal building’s” roofline.

8. “Child Care” means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular
basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her
individual needs, and for which a payment, fee or grant is made for care.

9. “Family Day Care Home” means an occupied residence in which “child care” is regularly provided for children for more than
one unrelated family and which receives a payment, fee, or grant for any of the children receiving care, whether or not
operated for profit.

10. “Fungi” means any type or form of fungus including mold or mildew, and any mycotoxins, spores, scents or byproducts produced
or released by “fungi.” Under SECTION II, this does not include any “fungi” on or contained in a good or product intended for
consumption.

11. “Home Computer” means the electronic data processing system designed for use in the home, including:
Peripheral hardware and connection cables;

Plug in cartridges and expansion hardware;
Commercially purchased software;

Blank tapes;

Blank discs;

Disc drives;

Printers; and

Modems.

Your home computer does include:

a. Data or home-developed software;
b. Any television set used as a computer monitor; and
c. Telephone equipment used to connect the computer to a network through telephone lines.

sa>oaogD

AIIC HO3 07 18 Includes copyrighted material of ISO, Inc., used with permission. Page 3 of 27American Integrity Insurance Company of Florida AIIC HO3 07 18

12.

13.

“Hurricane” means a storm system that has been declared to be a hurricane by the National Hurricane Center of the National
Weather Service.

“Hurricane occurrence” means any loss resulting from the peril of Windstorm caused by a “hurricane” during any period:

a. Beginning when a hurricane watch or hurricane warning is issued for any portion of Florida by the National Hurricane
Center of the National Weather Service;

b. Remaining in effect for as long as “hurricane” conditions exist anywhere in the state of Florida; and

c. Ending 72 hours after any hurricane watch or hurricane warning has been discontinued for all counties of the state of
Florida by the National Hurricane Center of the National Weather Service.

14. “Insured” means you and residents of your household who are:

15.

16.
17.

18.

a. Your relatives; or

b. Other persons under the age of 21 and in the care of any person named above.

Under Section Il, “insured” also means:

c. With respect to animals or watercraft to which this policy applies, any person or organization legally responsible for these animals or
watercraft, which are owned, by you or any person included In 14.a. or 14.6. above. A person or organization using or having

custody of these animals or watercraft in the course of any “business” or without consent of the owner is not an “insured”;
d. With respect to any vehicle to which this policy applies:

(1) Persons while engaged in your employ or that of any person included in 14.a. or 14.b. above; or
(2) Other persons using the vehicle on an “insured location” with your consent.

“Insured location” means:

a. The “residence premises’;

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

c. Any premises used by you in connection with a premises in 15.a. and 15.b. above;

Any part of a premises:

(1) Not owned by an “insured”; and

(2) Where an “insured” is temporarily residing;

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

f. Land owned by or rented to an “insured” on which a one or two family dwelling is being built as a residence for an
“insured”:

g. Individual or family cemetery plots or burial vaults of an “insured”; or
h. Any part of a premises occasionally rented to an “insured” for other than “business” use.

&.

“Marring” means to disfigure, deface, scar or blemish.

“Nuclear Hazard” means any nuclear reaction, radiation, or radioactive contamination, all whether controlled or uncontrolled
or however caused, or any consequence of any of these.

“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.”

19. “Personal injury” means an injury arising out of one or more of the following offenses, but only if the offense was committed

20.

21.

22.

23.

24.

during the policy period:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or
premises that a person occupies, committed by or on behalf of its owner, landlord or lessor;

d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or
organization's goods, products or services; or

e. Oral or written publication of material that violates a person's right of privacy.

“Personal watercraft” means watercraft designed to carry one to three people, propelled by a water jet pump powered by an
internal combustion engine, and capable of speeds greater than 25 MPH. “Personal watercraft” includes but is not limited to
watercraft often referred to as:

a. Jet skis;
b. Wave runners; and
c. Similar watercraft.

“Pollutants” mean any solid, liquid, gaseous or thermal irritant or contaminant including, but is not limited to smoke, vapor,
soot, fumes, acids, alkalis, “waste” and chemicals.

“Pool Cage(s)” or “Screen Enclosure(s)” means any structure on the “residence premises,” whether or not attached to your
dwelling, comprised of screens on more than one side, otherwise open to the weather and not constructed or covered by the
same or substantially the same materials as that of the primary dwelling.

“Primary structural member” means a structural element designed to provide support and stability for the vertical or lateral
loads of the overall structure.

“Primary structural system” means an assemblage of “primary structural members.”

AIIC HO3 07 18 Includes copyrighted material of ISO, Inc., used with permission. Page 4 of 27American Integrity Insurance Company of Florida AIIC HO3 07 18

25

26.

27.
28.

29.

30.

31.

32.

33.

34.
35.

36.

37.

38.
39.

40.

“Principal building” means the dwelling described in SECTION | — Property Coverages, Coverage A — Dwelling of the policy.

“Professional engineer’ means a person who has a bachelor’s degree or higher in engineering. A “professional engineer” must
also have experience and expertise in the identification of “sinkhole activity” or other potential causes of “structural damage.”

“Property damage” means physical injury to, destruction of, or loss of use of tangible property.

“Rebate” means a remuneration, payment, gift, discount, or transfer of any item of value to you by or on behalf of a person
performing the repairs as an incentive or inducement to obtain repairs performed by that person.

“Residence employee” means:

a. An employee of an “insured” whose duties are related to the maintenance or use of the “residence premises,” including
household or domestic services; or
b. One who performs similar duties elsewhere not related to the “business” of an “insured.”

“Residence premises” means:

a. The one family dwelling, other structures, and grounds; or
b. 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.

“Spalling” means the disintegration of stone or concrete. It can be produced by a variety of mechanisms, including as a result
of projectile impact, corrosion, weathering, cavitation, or excessive rolling pressure (as in a ball bearing).

“Sinkhole” means a landform created by the subsidence of soil, sediment, or rock as underlying strata are dissolved by ground
water. A “sinkhole” forms by collapse into subterranean voids created by dissolution of limestone or dolostone or by subsidence
as these strata are dissolved.

“Sinkhole activity” means settlement or systematic weakening of the earth supporting the “principal building” under Section | of
your policy only if the settlement or systematic weakening results from contemporaneous movement or raveling of soils,
sediments, or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation.

“Sinkhole loss” means “Structural damage’ to the “principal building” including the foundation caused by “sinkhole activity.”

“Structural damage” means the “principal building,” regardless of the date of construction, has experienced the following:

a. Interior floor displacement or deflection in excess of acceptable variances as defined in ACI 117-90 or the Florida Building
Code, which results in settlement-related damage to the interior such that the interior building structure or members
become unfit for service or represents a safety hazard as defined within the Florida Building Code;

b. Foundation displacement or deflection in excess of acceptable variances as defined in ACI 318-95 or the Florida Building
Code, which results in settlement related damage to the “primary structural members” or “primary structural systems” that
prevents those members or systems from supporting the loads and forces they were designed to support to the extent
that stresses in those “primary structural members” or “primary structural systems” exceeds one and one-third the nominal
strength allowed under the Florida Building Code for new buildings of similar structure, purpose, or location;

c. Damage that results in listing, leaning, or buckling of the exterior load bearing walls or other vertical “primary structural
members” to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-
third of the base as defined within the Florida Building Code;

d. Damage that results in the building, or any portion of the building containing “primary structural members” or “primary
structural systems,” being significantly likely to imminently collapse because of the movement or instability of the ground
within the influence zone of the supporting ground within the sheer plane necessary for the purpose of supporting such
building as defined within the Florida Building Code; or

e. Damage occurring on or after October 15, 2005, that qualifies as “substantial structural damage’ as defined in the Florida
Building Code.

“Supplemental claim’ or “reopened claim” means any additional claim for recovery from us for any loss we previously adjusted
pursuant to an initial claim.

“Trampoline” means a rebounding device constructed of a resilient sheet or web supported by springs in a metal frame and
used as a springboard and landing area in tumbling and gymnastic springing, rented by, or loaned to an “insured.”

“Unoccupied” means the dwelling is not being inhabited as a residence.

“Vacant” means the dwelling lacks the necessary amenities, adequate furnishings, or utilities and services to permit occupancy
of the dwelling as a residence.

“Waste” includes, but is not limited to, materials to be recycled, reconditioned or reclaimed.

SECTION | —- PROPERTY COVERAGES

COVERAGE A - Dwelling

1.

We cover:

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a. The dwelling on the “residence premises,” shown in the Declarations, including attached structures and attached wall-to-
wall carpeting if damage to the dwelling is caused by a covered loss.

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

c. In-ground swimming pools including related permanently installed equipment such as pumps and filters.
2. Wedonot cover land, including land on which the dwelling is located.

3. Wedonot cover “Carport(s),” “Pool Cage(s)’ or “Screen Enclosure(s)” for a loss during a “Hurricane occurrence.”

COVERAGE B -—- Other Structures

1. Wecover:

a. Other structures on the “residence premises” set apart from the dwelling by a clear space.
b. Other structures connected to the dwelling by only a fence, utility line, or similar connection.

c. Fences, whether attached or not attached to the dwelling.
2. Wedonot cover:
a. Land, including land on which the other structures are located; or
b. Other structures used in whole or in part for “business”; or
c. Other structures rented or held for rental to any person not a tenant of the dwelling, unless used solely as a private
garage.
d. “Carport(s),” “Pool Cage(s)” or “Screen Enclosure(s)” for a loss during a “Hurricane occurrence.”
3. The limit of liability for this coverage will not be more than the limit shown on the declaration page for Coverage B - Other
Structures. Use of this coverage does not reduce the Coverage A - Dwelling limit of liability.

Special Limits of Liability for Cosmetic and Aesthetic Damage to Floors

The total limit of liability for COVERAGE A - Dwelling and COVERAGE B - Other Structures combined is $10,000 per policy term
for cosmetic and aesthetic damage to floors, resulting from a covered peril.
1. Cosmetic or aesthetic damage includes, but is not limited to:

a. Chips;

b. Scratches;

c. Dents; or

d. Any other damage

to less than 5% of the total floor surface area and does not prevent typical use of the floor and applies to 1.a. through 1.d.
This limit includes the cost of tearing out and replacing any part of the building necessary to repair the damaged flooring.

This limit does not increase the COVERAGE A — Dwelling or COVERAGE B - Other Structures limit of liability shown on the
declarations page.

4. This limit does not apply to cosmetic or aesthetic damage to floors caused by a Peril Insured Against as named and described
below under COVERAGE C —- Personal Property.

COVERAGE C - Personal Property
1. Covered Property

We cover personal property owned or used by an “insured” while it is anywhere in the world. At your request, we will
cover personal property owned by:

a. Others while the property is on the part of the “residence premises” occupied by an “insured”;
b. A guest or a “residence employee,” while the property is in any residence occupied by an “insured.”

2. Limit For Property At Other Residences

Our limit of liability for personal property usually located at an “insured’s” residence, other than the “residence premises,” is
10% of the limit of liability for Coverage C — Personal Property, or $1000, whichever is greater. Personal property in a newly
acquired principal residence is not subject to this limitation for the 30 days from the time you begin to move the property
there.

wn

Special Limits of Liability

The special limit for each category below is the total limit for each loss for all property in that category. These special limits do

not increase the COVERAGE C — Personal Property limit of liability.

1. $200 on money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum other than platinumware,
coins, medals, scrip, stored value cards and smart cards.

2. $1000 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, personal
records, passports, tickets and stamps. This dollar limit applies to these categories regardless of the medium (such as paper
or computer software) on which the material exists.

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

$1000 on watercraft, including their trailers, furnishings, equipment and outboard engines or motors.

$1000 on trailers not used with watercraft.
$1000 for loss by theft of jewelry, watches, furs, precious and semi-precious stones.

3
4
5.
6. $2000 for loss by theft of firearms.
7
+
8

. $2500 for loss by theft of silverware, silver-plated ware, goldware, gold-plated ware and pewterware.
his includes flatware, hollowware, tea sets, trays and trophies made of or including silver, gold or pewter.

. $2500 on property, on the “residence premises,” used at any time or in any manner for any “business” purpose or

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9.

10.

11.

12.

13.
14.
15.

16.
17.
18.

“Family Day Care Home” enterprise.

$250 on property, away from the “residence premises,” used at any time or in any manner for any “business” purpose or

“Family Day Care Home’ enterprise. This limit does not apply to loss to adaptable electronic apparatus as described in

Special Limits 10. and 11. below

$1000 for loss to electronic apparatus, while in or upon:

a. A motor vehicle; or

b. Other motorized land conveyance, if:

c. The electronic apparatus is equipped to be operated by power from the electrical system of the vehicle or conveyance
while retaining its capability of being operated by other sources of power.
Electronic apparatus includes accessories, antennas, tapes, wires records, discs; or other media;
For use with any electronic apparatus described in this COVERAGE C — Personal Property, item 3. Special Limits of
Liability 10.

$1000 for loss to electronic apparatus, while not in or upon;

a. A motor vehicle; or

b. Other motorized land conveyance:

If the electronic apparatus:

a. Is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability
of being operated by other sources of power;

b. Is away from the “residence premises’; and

c. Is used any time or in any manner for any “business” purpose.
Electronic apparatus includes:

a. Accessories and antennas; or
b. Tapes, wires, records, discs or other media;

For use with any electronic apparatus described in this COVERAGE C — Personal Property Special Limits of Liability 11.

$1000 for loss to art glass windows and other works of art such as, but not limited to:
Statuary (including but not limited to Hummels);

Marbles;

Bronzes;

Porcelains;

Rare glass; and

Bric-a-brac.

$2500 for personal home computers and related peripherals. W e will not pay for other software or lost data.
$1000 for bicycles and related equipment.

$2000 for loss to any individual item or set of electronic equipment covered under this policy caused directly or indirectly by
theft or vandalism with a maximum limit of 10% of the total COVERAGE C — Personal Property for all electronic equipment
covered.

>oQ0 7D

Electronic equipment includes, but Is not limited to:

Television sets, cameras and projectors, radios, sound playing and recording devices, video cassettes, records, video tape
players, compact disc players, DVD players, compact discs, video discs and tapes, electronic data processing equipment and
storage media, electronic games, cartridges and accessories, microwave ovens (unless built-in), and radio transmitting and
receiving devices.

$5000 for loss of tools.
5% of the total COVERAGE C — Personal Property amount for any one item of unscheduled personal property.
$500 on all collections including but not limited to baseball cards, comic books, album covers and any other memorabilia.

This limit applies regardless of the number of collections or collectibles.

Property Not Covered. We do not cover:

1.
2.
3.

4.

Articles separately described and specifically insured in this or other insurance;
Animals, birds or fish;
Motor vehicles or all other motorized land conveyances. This includes:

a. Their equipment and accessories; or

b. Electronic apparatus that is designed to be operated solely by use of the power from the electrical system of motor
vehicles or all other motorized land conveyances. Electronic apparatus includes:

(1) Accessories or antennas; or

(2) Tapes, wires, records, discs or other media;

For use with any electronic apparatus described in Property Not Covered 3.b.
The exclusion of property described in Property Not Covered 3.a. and 3.b. above applies only while the property is in or upon
the vehicle or conveyance.

We do cover vehicles or conveyances not subject to motor vehicle registration, which are:
a. Used solely to service an “insured’s” residence; or

b. Designed for assisting the handicapped.

Aircraft and parts meaning any contrivance used or designed for flight. We cover model or hobby aircraft not used or
designed to carry people or cargo;

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5. Property of:

a. Roomers;
b. Boarders;

c. Tenants; and
d. Anyone who regularly resides at the insured premises who Is not an “insured.”

6. Property in an apartment regularly rented or held for rental to others by an “insured,” except as provided in ADDITIONAL
COVERAGES, item 10.- Landlord’s Furnishings;

7. Property rented or held for rental to others off the “residence premises’;

8. “Business” data, including such data stored in:
a. Books of account, drawings or other paper records; or
b. Electronic data processing tapes, wires, records, discs or other software media;
However, we do cover the cost of blank recording or storage media, and of pre-recorded computer programs available on
the retail market; or

9. Credit cards or fund transfer cards except as provided in ADDITIONAL COVERAGES, item 6. Credit Card, Fund Transfer
Card, Forgery and Counterfeit Money;

10. Your satellite dish, satellite antenna or radio towers and their antenna. This exclusion also applies to all related receiving
equipment including receiver mounts, transducers or other receiver parts or installation parts.
Television sets are not an excluded item under this exclusion.

11. Water or steam

However, we cover the removal and replacement of water in a swimming pool located on the “residence premises”, when there
is a covered loss or damage to the swimming pool caused by a Peril Insured Against and a covered repair to the swimming pool
requires removal of all or a portion of the water.

COVERAGE D —- Loss Of Use

We will pay the additional expenses you incur from a covered loss, but no more than the limit of liability shown for COVERAGE D —
Loss of Use in the Declarations for the following:

1. Additional Living Expenses meaning any necessary increase in living expenses incurred by you so that your household can
maintain its normal standard of living when a loss covered under this Section makes that part of the “residence premises” where
you reside not fit to live in.

Payment will be for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time
required for your household to settle elsewhere.

2. Civil Authority Prohibits Use. If civil authority prohibits you from use of the “residence premises” as a result of direct damage
to neighboring premises by a Peril Insured Against in this policy, we cover the Additional Living Expenses as provided under
D.1. above for no more than two weeks.

The periods of time for expenses described above are not limited by the expiration of this policy. We do not cover loss or expense
due to cancellation of a lease or agreement.

ADDITIONAL COVERAGES

1. Debris Removal. W e will pay your reasonable expense for the removal of:
a. Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or
b. Ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a

building.

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

We will also pay your reasonable expense, up to $500, for the removal from the “residence premises” of:
a. Your tree(s) felled by the peril of Windstorm or Hail or W eight of Ice, Snow or Sleet;

b. A neighbor's tree(s) felled by a Peril Insured Against under COVERAGE C — Personal Property;
provided the tree(s) damages a covered structure.

The $500 limit is the most we will pay in any one loss regardless of the number of fallen trees.

2. Reasonable Emergency Measures.

a. We will pay up to the greater of $3000 or 1% of your Coverage A limit of liability for reasonable costs incurred by you for
necessary measures taken solely to protect covered property from further damage or loss if caused by a Peril Insured
Against.

b. We will not pay more than the amount in a. above unless we provide you approval within 48 hours of your request to us
to exceed the limit in a. above. In such circumstance, we will pay only up to the additional amount for the measures we
authorize.

If we fail to respond to you within 48 hours of your request to us and the damage or loss is caused by a Peril Insured
Against you may exceed the amount in a. above only up to the cost incurred by you for the reasonable
emergency measures necessary to protect the covered property from further damage.

c. If however, Hurricane coverage is part of our policy and a covered “Hurricane” loss occurs, the amount we pay under
this additional coverage is not limited to the amount in a. above.

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d. A reasonable measure under this ADDITIONAL COVERAGES 2. may include a permanent repair when necessary to protect
the covered property from further damage or to prevent unwanted entry to the property. To the degree reasonably possible,
the damaged property must be retained for us to inspect.

e. This coverage does not:

(1) Increase the limit of liability that applies to the covered property.
(2) Relieve you of your duties in the case of loss to a covered property, as set forth in SECTION I — CONDITION 2.

(3) Pay for property not covered or for repairs resulting from a peril not covered, of for loss excluded in this Policy.

3. Trees, Shrubs and Other Plants. We cover trees, shrubs, plants or lawns, on the “residence premises,” for loss caused
by the following Perils Insured Against:

Vehicles not owned or operated by a resident of the “residence premises,”

Vandalism or malicious mischief; or

g. Theft.

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

a. Fire or lightning;

b. Explosion;

c. Riot or civil commotion;
d. Aijrcraft;

e.

f.

4. Fire Department Service Charge. We will pay up to $500 for your liability assumed by contract or agreement for fire
department charges incurred when the fire department is called to save or protect covered property from a Peril Insured
Against. W e do not cover fire department service charges if the property is located within the limits of the city, municipality or
protection district furnishing the fire department response. No deductible applies to this coverage.

This coverage is additional insurance.

5. Property Removed. We insure covered property against direct loss from any cause while being removed from a premises
endangered by a Peril Insured Against and for no more than 30 days while removed. This coverage does not change the limit
of liability that applies to the property being removed.

6. Credit Card, Fund Transfer Card, Forgery and Counterfeit Money. We will pay up to $500 for:
a. The legal obligation of an “insured” to pay because of the theft or unauthorized use of credit cards issued to or registered

in an “insured's” name;

b. Loss resulting from theft or unauthorized use of a fund transfer card used for deposit, withdrawal or transfer of funds, issued
to or registered in an “insured's” name;

c. Loss to an “insured” caused by forgery or alteration of any check or negotiable instrument; and

d. Loss to an “insured” through acceptance in good faith of counterfeit United States or Canadian paper currency.

We do not cover use of a credit card or electronic fund transfer card:

I. By a resident of your household;
ll. By a person who has been entrusted with either type of card; or

lil. If an insured has not complied with all terms and conditions under which the cards are issued.

All loss resulting from a series of acts committed by any one person or in which any one person is

concerned or implicated is considered to be one loss.
Iv. Loss arising out of “business” use or dishonesty of an “insured.”

This coverage is additional insurance. No deductible applies to this coverage. If the coverage in a. through d. above applies,
the following defense provisions also apply:

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

b. Ifa suit is brought against an “insured” for liability under a. through d. above, we will provide a defense at our expense
by counsel of our choice.

c. We have the option to defend at our expense an “insured” or an “insured’s” bank against any suit for the enforcement of
payment under c. above.

7. Loss Assessment. We will pay up to $1,000 for your share of loss assessment charged during the policy period against you
by a corporation or association of property owners. The assessment must be made as a result of direct loss to the property,

owned by all members collectively, caused by a Peril Insured Against under