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Filing # 137143704 E-Filed 10/23/2021 03:01:54 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
ELIZABETH DUARTE
COTOIA NICHOLAS,
PLAINTIFFS, CASE NO.:2021CA004504XXXXMB
CITIZENS PROPERTY INSURANCE
CORPORATION,
DEFENDANT.
AMENDED COMPLAINT FOR DECLARATORY RELIEF
Plaintiffs ELIZABETH DUARTE and COTOIA NICHOLAS, by and through undersigned
counsel, sue Defendant CITIZENS PROPERTY INSURANCE CORPORATION, for a
deciaratory judgment, stating as follows:
1. At all times material hereto, Plaintiffs are and were residents of Palm Beach
County, Florida and is otherwise sui juris.
2. Plaintiffs own the property which is the subject of this dispute, located at 128 SE
6th Ave, Boynton Beach, FL 33435 (“Property”).
3. At all times material hereto, Defendant was and is an insurance company, doing
business in Palm Beach County, Florida, and is otherwise sui juris.
4. The Parties entered into a written contract, the insurance policy, providing coverage
to the Property at the time of the Loss. See Exhibit A “Policy”
5. On or about September 10, 2017, wind and/or rain caused damage to the structure
and the interior of the dwelling (“Loss”).
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED 4NINAINNAA NAN4-EA DN
PILL. PAL DLA VUUINE TT, PL, JUOL I mDnNUeey, ULL, fue.) vl. civ6. Plaintiffs reported the Loss to Defendant; and otherwise complied with all post-loss
duties under the conditions of the Policy to apply for insurance benefits due from the Loss.
7. Defendant assigned the Loss Claim No. 001-00-224257.
8. Defendant denied coverage under the policy for the Loss. See Exhibit B “Denial
Letter.”
9. All conditions precedent to obtaining coverage from Defendant under the Policy
and to the bringing of the instant cause of action have been complied with, met or waived.
10. Plaintiffs believe they have complied with all the duties of the Policy and all
specific requests made by the Defendant.
ll. Plaintiffs believe wind damaged the roof of the property which caused an opening
to the roof which allowed rainwater to enter the dwelling and damage the interior.
12. Plaintiffs believe this is an all risk policy where coverage is afforded unless it is
excluded.
13. Plaintiffs read the following provision of the policy to provide coverage under these
set of facts:
PERIL INSURED AGAINST
1. We insure for direct physical loss to the property described in Coverages
A, B and C caused only by the peril of windstorm or hail unless the loss is
excluded in EXCLUSIONS.
2. With respect to paragraph 1. above, coverage for loss caused by a Peril
Insured Against includes loss to:
b. The inside of a building or the property we cover contained in a
b caiised by:
(J) Rain;
(2) Snow;
(3) Sleet;
(4) Hail;
(5) Sand;
or (6) Dust;
Page 2 of 5
WWW.BPINJURY.COMif the direct force of the windstorm or hail first damages the building,
causing an opening through which the rain, snow, sleet, hail, sand or
dust enters and causes damage.
14. Plaintiffs are in doubt as to the Defendant’s interpretation of the policy as they have
failed to provide coverage under the exacts set of facts for which coverage should be afforded.
15. Hurricane Irma is a peril under the subject policy.
16. | Winds from Hurricane Irma damaged the roof.
17. Winds from Hurricane Irma created an opening in the roof.
18. Defendant’s denial of coverage is wrong.
19. Jurisdiction and venue are proper based upon the amount in controversy, nature of
the cause of action and location of the Property and/or Defendant’s corporate headquarters.
20. Due to Defendant’s conduct, Plaintiff has been obligated to retain undersigned
counsel to bring this action, and pursuant to Fla. Stat. § 627.428, § 626.9373 or others and others,
is entitled to recover a reasonable attorney’s fee from Defendant.
21. — This is an action for Declaratory Relief pursuant to Fla. Stat. ch. 86 and the Court’s
general equity powers to declare the Parties’ rights and obligations under the contract of insurance.
22. The amount in controversy is greater than $30,000.00 exciustve of attorneys fees
and costs.
23. Plaintiffs believe that the repair of the damage, or at least some of the damage,
related to the Loss should be covered under the policy.
24. Plaintiffs have showed the damaged property to Defendant and Plaintiffs believe
that the damage falls within the coverages bound within the Policy.
25. Plaintiffs believe that no exclusions or limitations under the Policy apply to deny
Coverage.
Page 3 of 5
WWW.BPINJURY.COM26. Based upon Defendant’s position outlined in its denial letter, there is a dispute
related to Defendant’s duty to adjust and provide coverage for this loss.
27. Adeclaratory action is the proper cause of action for the Court to determine whether
coverage exists for this insurance claim.
28. The actions taken by Defendant, based on Defendant’s unilateral interpretation of
the express terms of the Policy, conflict with Plaintiff's interpretation of the terms of the Policy as
applied to the facts of the Loss.
29. Due to Defendant’s actions compared to Plaintiffs interpretation, Plaintiffs are
unsure of rights in regards to the Policy, including what types of losses are or are not covered,
whether this Loss is covered, and Plaintiffs are in need of a declaration by the Court of rights
regarding whether there is coverage under the Policy for the Loss in accordance with Florida law.
30. Pursuant to Florida law, the Court has the jurisdiction and power to construe
relations that are affected by the construction of an insurance policy and issue a declaratory
Judgment in relation to same as to whether there should be coverage under the Policy for this Loss.
31. | The amount of damages is incalculable and unascertainable until a declaration of
coverage 1s first provided, and the repairs commence and proceed.
32. As such, this case is for coverage only, and an itemization of damages is not being
sought herein.
33. Accordingly, Plaintiffs have filed this request for declaratory relief seeking the
Court’s construction and interpretation of the Policy as it relates to whether there is coverage for
the Loss.
WHEREFORE, Plaintiffs pray this Honorable Court take jurisdiction of this matter and
a hint nat Henited ta a danloratany
B» OUL TUL TLeG LO a GCCiarawry
Page 4 of 5
WWW.BPINJURY.COMjudgment in Plaintiffs favor on the above coverage issues; a judgment in Plaintiff's favor for the
recovery of all reasonable attorneys fees and costs pursuant to Fla. Stat. § 627.428, § 626.9373 or
others; and a reservation of jurisdiction to enter such further orders and judgments as may be
required to enforce the Court’s declaration; and for such other and further relief this Court deems
Just and equitable.
Demand for Jury Trial
34. Plaintiff demands a trial by jury of all issues so triable as a matter of right.
CERTIFICATE OF SERVICE
‘TiFY that a true and correct copy of the foregoing was furnished via Emaii,
pursuant to Rule 2.516(b)(1) to: Shawntozi Campbell, Esq., Roig Lawyers, Pleadings@RoigLawyers.com
via transmission of Notice of Electronic Filing generated by eservice@myflcourtaccess.com and/or was
sent by electronic mail to the above addressees, October 23, 2021.
Respectfully submitted,
Attorneys for Plaintiff,
/s/ Irina Tarnovsky
Irina Tarnovsky, Esq.
Florida Bar No. 103397
Bernstein | Polsky
95 South Federal Highway, Suite 200
Boca Raton, Florida 33432
Tel: (954) 997-9947
Fax: (954) 301-2387
Email: service@bpinjury.com
Email: irina@bpinjury.com
Page 5 of 5
WWW.BPINJURY.COMa
CITIZENS
| &
A aees_ on ett ne
Geruied rolcy mequest
PORTS EIRENE
2101 Marftand Circio
Tallahassee, FL 32303
pate: 7/27/2020
Requestor’s Name: Brittany Dawson Requestor's Employer: _ LW Office of Bernstein Polsky
Contact Number: 954-997-9947 Email Address: ___Brittany@bpinjury.com
Insured’s Name: Elizabeth Duarte Pollcy Number: 01565193-5 Policy Term: September 2017
~ -Date of Loss:09/10/2017.. ---...~
Type of documents needed (Please check all that apply):
Ycentiied Policy 1 Complete Underwriting File © other (explain)
Where should the documents be sent?
aw Email Address: (0 Fax Number:
U Mailing Address: Pleaso note that if you chose to have your
documents sent by mail, It will add additional
processing time to your request.
Requirements:
Insured ~ Complete and retum the form
eee aan wn. tn macl entesn thn £2
PUBIC AGjUstErs - Compete anu retin ure
contact signed by the Insured with your request.
Dianna Inakida a nanu af the latter af ranrocantatian ar
Pigase iciuue @ Copy Cr ure tower or ruprewennmauer oF
Attorneys - Complete and return the form. Please include a copy of the letter of representation signed by the
Insured with your request.
Agents ~ In order to receive a copy of the policy, you must be the agent of record for the policy term you are
requesting. Complete and retum the form.
Please retum this document to
CortifedPolicyRequests@citizensfia.com ot fax It to (850) 875-1879.
Please be advised that failure to return this document to the email or fax number
provided above may result in a delay in the processing of your request.CITIZENS PROPERTY INSURANCE CORPORATION
2101 MARYLAND CIRCLE KC Cn
TALLAMASSEE, Flopina 29302-1094 er
—~ UTIZENS
TELEPHONE: (888)-685-1555 PROPERTY INSURANCE CORPORATION
AFFIDAVIT OF CUSTODIAN OF RECORDS
Florida Evidence Code §§ 90.803(6) and 90.902(11), Fla. Stat.)
1. I, Jalisa Reddick, am the Document Control Assistant of Records for Citizens
Property Insurance Corporation (Citizens) and in such capacity I have the
authority to certify the attached records.
2, Attached hereto is a copy of Citizens’ Policy No. 01565193 of policyholder
ELIZABETH DUARTE.
8. This policy was kept by Citizens in the regular course of business, and it was
the regular practice of Citizens for an employee or representative with
knowledge of the act recorded to make the record or transmit information
thereof to be included in such record.
4. This record was made at or near the time of the act.
5. The records attached hereto are exact duplicates of the original.
Under penalties of perjury I declare that I have read the foregoing Affidavit and
that the facts stated in it are true.
: Digitally signed by Jalisa
Jalisa ‘Reddick
: te: 2020.07.31 13:21:11
July 31, 2020 Reddick a 0"
Date Jalisa Reddick
Records Assistant
Citizens Property Insurance Corporation
Gary Aubuchon, Interim Chairman, Lee County e Bette Brown, Monroe County
Blake Capps, Martin County @ Marc W. Dunbar, Leon County ¢ James Holton, Pinellas County
John McKay, Manatee County # Freddie Schinz, Okaloosa County John Wortman, St. Johns County
Barry Gilway, President/CEO and Executive DirectorCITIZENS PROPERTY INSURANCE CORPORATION
i. 301 W BAY ST
cil ZENS JACKSONVILLE FL 32202
PROPERTY INSURANCE CORPORATION
Homeowners HW-2 Wind Only Policy - Declarations
POLICY NUMBER: 01565193 - 2 POLICY PERIOD: FROM 12/27/2016 TO 12/27/2017
at 12:01 a.m. Eastern Time at the Location of the Residence Premises
Transaction: AMENDED DECLARATIONS, Effective: 05/16/2017
Named Insured and Mailing Address: Location Of Residence Premises: Agent: FI. Agent Lic. #: P126472
First Named Insured: 128 SE 6TH AVE LEVAY INSURANCE GROUP, INC.
ELIZABE IN DUARTE BOYNTON BEACH FL 33435-4546 STEPHEN LEVAY
128 SE 6TH AVE County:PALM BEACH 1618 NW 2 AVENUE.
BOYNTON BEACH, FL 33435-4546 BOCA RATON, FL 33432
Phone Number: 954-333-1700 Phone Number: 561-394-5040
Citizens Agency ID#: 27782
Additional Named Insured: Please refer to “ADDITIONAL NAMED INSURED(S)" section for details
Coverage is only provided where a premium and a limit of liability is shown
. A ne 1907) Qa aan inns
Ns PyVOU (e107 nufficane Deauctinie: 24,U9D (270)
LIMIT OF LIABILITY ANNUAL PREMIUM
PROPERTY COVERAGES $1,293
A. Dwelling: $201,800
B. Other Structures: $4,040
C. Personal Property: $50,450
D. Loss of Use: $20,180
OTHER COVERAGES
Ordinance or Law Limit (25% of Cov A) (See Policy) Included
SUBTOTAL: $1,293
Florida Hurricane Catastrophe Fund Build-Up Premium: $78
mm Adiuetmant Due To Allowable Date Chana: ($35)
t AGjusunens Cue To mHorraure mate Grange: wee,
MANDATORY ADDITIONAL CHARGES:
2012 Florida Insurance Guaranty Association (FIGA) Regular Assessment $4
Catastrophe Financing Surcharge $200
Tax-Exempt Surcharge $23
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $1,563
The portion of your premium for:
Hurricane Coverage is $1,308 Non-Hurricane Coverage is $28
Authorized By: STEPHEN LEVAY Processed Date: 05/16/2017
DEC HW2 12 15. First Named Insured Page 1 of 3CITIZENS PROPERTY INSURANCE CORPORATION
i. 301 W BAY ST
cil ZENS JACKSONVILLE FL 32202
PROPERTY INSURANCE CORPORATION
Homeowners HW-2 Wind Only Policy - Declarations
Policy Number: 01565193 - 2 POLICY PERIOD: FROM 12/27/2016 TO 12/27/2017
First Named Insured: ELIZABETH DUARTE at 12:01 a.m. Eastern Time at the Location of the Residence Premises
Forms and Endorsements applicable to this policy:
HW 01 10 02 16, HW 04 22 06 13. HW 00 02 02 16. HW 00 24 09 08
Rating/Underwriting Information
Year Built: 1965 | Terrain: c
Town / Row House: No |j Roof Cover: Unknown
Construction Type: Masonry |] Roof Cover - FBC Wind Speed: N/A
BCEGS: Ungraded | Roof Cover - FBC Wind Design: N/A
Territory: 96 || Roof Deck Attachment: Level C
Municipal Code - Fire: 191 |] Roof-Wall Connection: Single Wraps
Occupancy: Owner Occupied |] Secondary Water Resistance: No
Use: Primary || Roof Shape: Gable
Number of Families: 1] Opening Protection: Class A
No Prior Insurance Surcharge: No
A premium adjustment of ($3,496) is included to reflect the building's wind loss mitigation features or construction techniques that exists.
A premium adjustment of $0 is included to reflect the building code effectiveness grade for your area. Adjustments range from a 2%
surcharge to a 10% credit.
The Total Charge For This Endorsement is $0
ADDITIONAL NAMED INSURED(S)
Name Address
No Additional Named Insureds
ADDITIONAL INTEREST(S)
#_ Interest Type Name and Address Loan Number
PENNYMAC LOAN SERVICES LLC ISAOA
11st Morgagee PO BOX 6618 SPRINGFIELD, OH 45501-6618 Ceca
DEC HW2 12 15 First Named Insured Page 2 of 3CITIZENS PROPERTY INSURANCE CORPORATION
301 W BAY ST
Cone NS JACKSONVILLE FL 32202
PROPERTY INSURANCE CORPORATION
Homeowners HW-2 Wind Only Policy - Declarations
Policy Number: 01565193 - 2 POLICY PERIOD: FROM 12/27/2016 TO 12/27/2017
First Named Insured: ELIZABETH DUARTE at 12:01 a.m. Eastern Time at the Location of the Residence Premises
FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY.
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. YOU
MAY ALSO NEED TO CONSIDER THE PURCHASE OF
FLOOD INSURANCE FROM THE NATIONAL FLOOD
INSURANCE PROGRAM. WITHOUT THIS COVERAGE,
YOU MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS
THESE COVERAGES WITH YOUR INSURANCE AGENT.
TO REPORT A CLAIM CALL 866.411.2742
INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND/OR AGENTS TO ASSIST
THEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS.
PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. IF YOU ARE UNABLE TO
CONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT 888.685.1555.
DEC HW2 12 15. First Named Insured Page 3 of 3HOMEOWNERS
HW 00 02 02 16
HOAMEAWNERS 2 _ WIND ONI V FORM
PIwiinwwviw Nw a WUE WI ZN
TABLE OF CONTENTS
GENERAL 8. Intentional Loss 10
9. Governmental Action 10
Agreement 4 10. “Fungi”, Wet Or Dry Rot,
Definitions 1 Yeast Or Bacteria 10
Deductible 2 11. Wear, Tear, Marring,
Chipping, Scratches, Dents
PROPERTY COVERAGES And Deterioration 10
12. Inherent Vice, Latent Defect And
A. Coverage A - Dwelling 2 Mechanical Breakdown 10
B. Coverage B - Other Structures 2 13. Existing Damage 10
C. Coverage C - Personal Property 3 14. Exterior Paint Or Waterproofing 10
D. Coverage D - Loss Of Use 5 15. Coastal Construction
RAAB ARAL Davo nnn Control Line Exel 10
©. AdaiiGiia Coverages SOS: SHS SAS: ~
1. Debris Removal 6
2. Reasonable Repairs 6 CONDITIONS
3. Fire Department Service Charge 6
4. Property Removed 6 A. Insurable Interest And Limit of Liability 10
5. Loss Assessment 7 B. Duties After Loss 10
6. Glass Or Safety Glazing Material 7 C. Loss Settlement 1
7. Landlord’s Furnishings 7 D. Loss To A Pair Or Set 12
8. Ordinance Or Law 7 E. Mediation Or Appraisal 12
9. Grave Markers 8 F. Other Insurance And
10. “Fungi”, Wet Or Dry Rot, Service Agreement 13
Yeast Or Bacteria 8 G. Suit Against Us 13
H. Our Option 14
PERIL INSURED AGAINST |. Loss Payment 14
J. Abandonment Of Property 14
Peril Insured Against 8 K. Mortgage Clause 14
L. No Benefit To Bailee 15
M. Nuclear Hazard Clause 15
N. Recovered Property 15
ir O. Policy Period 15
1. Ordinance Or Law 9
2. Earth Movement And Settlement 9 P. Concealment Or Fraud 15
3. Water Damage 9 Q. Adjustment To Property
4. Power Failure 9 Coverage Limits 18
5. Neglect 10 R. Liberalization Clause 15
6. War 10 S. Waiver Or Change Of Policy Provisions15
7. Nuclear Hazard 10 T. Cancellation 16
FEEL - U. Nonrenewal 17
V. Renewal Notification 18
W. Assignment 18
X. Subrogation 18
Y. Salvage 19
Z. Inspections And Surveys 19
AA. Notification Regarding Access 19
BB. Death 19
HW 00 02 02 16 Includes copyrighted material of Insurance Services Office, Inc., Page i
with its permissionHOMEOWNERS
HW 00 02 02 16
HOMEOWNERS 2 — WIND ONLY FORM
AGREEMENT
We will provide the insurance described in this Policy
in return for the premium and compliance with all
applicable provisions of this Policy.
DEFINITIONS
A. 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.
le maldlitinn anctain wumeda ame
. ii aaauon, Cenain Woras ana pr
as follows:
1. "Business" means:
a. A trade, profession or occupation engaged
in on a full-time, part-time or occasional
basis; or
b. Any other activity engaged in for money or
other compensation, except the following:
(1) One or more activities, not described in
(2) through (4) below, for which no
"insured" receives more than $2,000 in
total compensation for the 12 months
before the beginning of the policy
period;
Volunteer activities for which no money
is received other | than payment for
In narinem tha
incurred 1S pencim the
2
activity;
Providing home day care services for
which no compensation is received,
other than the mutual exchange of such
services; or
(4) The rendering of home day care
services to a relative of an "insured".
ie)
“Fungi” means any type or form of fungus,
including mold or mildew, and any mycotoxins,
toxins, spores, scents or by-products produced
or released by fungi.
3. "Insured" means:
a. You and residents of your household who
are:
(1) Your relatives; or
(2) Other persons under the age of 21 and
in the care of any person named above;
HW 00 02 02 16
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission
b. A student enrolled in school full time, as
defined by the school, who was a resident
of your household before moving out to
attend school, provided the student is
unger ine age or
(1) 24 and your relative; or
(2) 21 and in your care or the care of a
resident of your household who is your
relative;
When the word an immediately precedes the
word "insured", the words an "insured"
together mean one or more “insureds”.
. "Motor vehicle" means:
a. A self-propelled land or amphibious vehicle;
or
b. Any trailer or semitrailer which is being
carried on, towed by or hitched for towing
by a vehicle described in a. above.
. “Personal watercraft” means:
a. A waiercratt tnat the rider siis, kneels or
stands on rather than inside of, designed to
carry one to four people, propelled by a
water jet pump; or
b. A watercraft designed to be partially or fully
submersible.
. "Residence employee" means:
a. An employee of an "insured", or an
employee leased to an "insured" by a labor
leasing firm, under an agreement between
an "insured" and the labor leasing firm,
whose duties are related to the
maintenance or use of the "residence
premises”, including household or domestic
services; or
b. One who performs similar duties elsewhere
not related to the "business" of an
“insured”.
A “residence employee" does not include a
temporary employee who is furnished to an
"insured" to substitute for a permanent
“residence employee" on leave or to meet
seasonal or short-term workload conditions.
7. "Residence premises” means:
a Tha nna family dualling whara une racida:
@ ine One ranny Gweung Wwoere you resus,
b. The two, three or four family dwelling where
you reside in at least one of the family
units; or
Page 1 of 19c. That part of any other building where you
reside;
and which is shown as ihe “Location of
Residence Premises” in the Declarations.
"Residence premises" also includes other
structures and grounds at that location.
DEDUCTIBLE
Unless otherwise noted in this Policy, the following
dedi
Subject to the policy limits that apply, we will pay only
that part of the total of all loss payable that exceeds
the deductible amount shown in the Declarations.
PROPERTY COVERAGES
A. Coverage A — Dwelling
1. We cover:
a, The dwelling on the "residence premises"
shown in the Declarations, including
structures attached to the dwelling; and
. Materials and supplies located on or next to
the "residence premises" used to construct,
alter or repair the dwelling or other
structures on the "residence premises".
2. Wa da not cover:
a. Awnings;
b. Carports, porches constructed to be open
to the weather, patios constructed to be
open to the weather, or pool enclosures,
any of which have a roof or covering of:
(1) Aluminum;
(2) One or more fiberglass panels;
(3) Plastic:
(4) Vinyl;
(5) Fabric; or
(6) Screening;
e. Plumbing, water or lift pumps in the open.
However, we do cover plumbing, water or
iit pumps permaneniiy insialied, located on
the “residence premises” and designed to
service the dwelling;
f, Radio and television transmitting or
Teceiving antennas and aerials, satellite
dishes, including their lead-in wiring, masts
or towers and supports.
However, we do cover Solar paneling and
cine? $
apparatus, pipes, wiring,
masts or towers and their supports when
permanently installed, located on the
“residence premises”
service the dwelling;
. Ramps, unless attached to the dwelling and
designed to provide egress for the
handicapped;
. Signs, steeples and utility poles, including
their light fixtures.
However, we do cover utility poles
permanently installed, located on the
“residence premises”, owned by an
“insured” and designed to provide electrical
service to the dwelling;
i. Any structure, whether attached or
separate from the covered dwelling, that
has a roof, exterior wall, or covering, of
thatch, grass, palm, lattice, slats, or similar
material;
- Any attachment on the covered dwelling
comprised of thatch, grass, palm, lattice,
slats, or similar material;
. Slat houses, chickees, tiki huts, gazebos,
cabanas, canopies, pergolas, or similar
structures, all constructed to be open to the
weather; or
|. Windmills, — wind
smokestacks.
and designed to
pumps, silos and
We cover other structures on the “residence
premises" set apart from the dwelling by clear
This includes structures connected to the
dwelling by only a fence, utility line, or similar
a. Amusement equipment in the open;
c. Bridges, boardwalks, trestles, catwalks, B. Coverage B — Other Structures
dune walks, roadways, driveways, courts, 1.
pads, or paved or graveled surfaces
attached to the dwelling. space.
However, we do cover decks, walkways
and patios attached to the dwelling which
are designed to provide egress to the connection,
dwelling; eee tc :
d. Land, including land on which the dwelling Pete
is located;
b. Awnings;
Page 2 of 19 Includes copyrighted material of Insurance Services Office, Inc.,
with its permission
HW 00 02 02 16HW 00 02 02 16
c. Carports, porches constructed to be open
to the weather, patios constructed to be
open to the weather, or poo! enclosures,
any of which have a roof or covering of:
(1) Aluminum;
(2) One or more fiberglass panels;
(3) Plastic;
(4) Vinyl;
(5) Fabric; or
(6) Screening;
Bridges, boardwalks, trestles, catwalks,
dune walks, roadways, driveways, courts,
pads, or paved or graveled surfaces not
attached to the dwelling;
Decks, walkways and patios not attached
to the dwelling;
Fountains, statuary and monuments;
Land: ing land on which the other
structures are located;
Lawn sprinkling systems;
Other structures rented or held for rental to
any person not a tenant of the dwelling,
unless used solely as a private garage;
Other structures from which any "business"
is conducted;
Other structures used to store “business”
property.
However, we do cover a structure that
contains "business" property solely owned
by an "insured" or a tenant of the dwelling
provided that "business" property does not
include gaseous or liquid fuel, other than
fuel in a permanently installed fuel tank of a
vehicle or craft parked or stored in the
structure;
Pilings, piers, boathouses, beach or diving
platforms, seawalls, retaining —_walls,
bulkheads, docks and wharves;
Plumbing, water or lift pumps in the open.
However, we do cover plumbing, water or
lift pumps permanently installed, located on
the “racidanra nra e” and dacinnad tn
We festaence prenuces anu GeSIgneU tC
service the dwelling;
Other structures located in whole or in part
over water;
Radio and television transmitting or
receiving antennas and aerials, satellite
dishes, including their lead-in wiring, masts
or towers and supports.
Includes copyrighted material of Insurance Services Office, Inc.,
However, we do cover solar paneling and
other similar i
Sree Hig fae pipe
masts or towers and their supports when
permanently installed, located on the
“residence premises” and designed to
service the dwelling;
p. Ramps, unless attached to the dwelling and
designed to provide egress for the
handicapped;
a. Signs, steeples and utility poles. including
their light fixtures.
However, we do cover utility poles
permanently installed, located on the
“residence premises”, owned by an
“insured” and designed to provide electrical
service to the dwelling;
r. Any structure that has a roof, exterior wall,
or covering, of thatch, grass, palm, lattice,
slats, or similar material;
s. Slat houses, chickees, tiki huts, gazebos,
cabanas, canopies, pergolas, or similar
structures, all constructed to be open to the
weather;
t. Fabric windscreens on fences;
u. Trees, shrubs, flowers, lawns, crops and
other plants: or
v. Windmills, wind pumps, silos and
smokestacks.
. The limit of liability for this coverage is shown
in your Declarations.
Use of this coverage does not reduce the
Coverage A limit of liability.
C. Coverage C - Personal Property
1. Covered Property
We cover personal property owned or used by
an "insured" while it is anywhere in the world.
After a loss and at your request, we will cover
personal property owned by:
a, Others while the property is on the part of
the "residence premises" occupied by an
“insured”; or
b. A guest or a "residence employee", while
the property is in any residence occupied
by an "insured".
Page 3 of 19
with its permission2. Limit For Property At Other Residences
Our limit of liability for personal property
usually located at an “insured's" residence,
other than the "residence premises", is 10% of
the limit of liability for Coverage C, or $1,000,
whichever is greater.
However, this limitation does not apply to
personal property:
a. Moved from the "residence premises"
because it is being repaired, renovated or
rebuilt and is not fit to live in or store
property in; or
b. In a newly acquired principal residence for
30 days from the time you begin to move
the property there.
. Special Limits Of Liability
The special limit for each category shown
below is the total limit for each loss for all
pronerty in that category. These snecial limits
do not increase the Coverage C limit of liability.
a. $200 on money, bank notes, bullion, gold,
goldware, gold-plated ware, __ silver,
silverware, silver-plated ware, platinum
platinumware, _platinum-plated —_- ware,
pewter, pewterware, coins, medals, scrip,
stored value cards and smart cards.
This includes flatware, hollowware, tea
sets, trays, and trophies made of or
including silver, gold, platinum or pewter.
b. $1,500 on securities, accounts, deeds,
evidences of debt, letters of credit, notes
other than bank notes, manuscripts,
personal records, passports, tickets,
stamps, trading cards and comic books.
(1) This dollar limit applies to these
categories regardless of the medium
(such as paper or computer software)
g- $2,500 on property, on the “residence
premises", used primarily for "business"
h. $500 on property, away from the
“residence premises", used primarily for
"business" purposes.
However, this limit does not apply to loss to
electronic apparatus and other property
described in Categories i. and j. below.
i. $1,500 on electronic apparatus and
Eyre my Wen atre
accessories, or upon a “Motor
vehicle", but only if the apparatus is
equipped to be operated by power from the
"motor vehicle's" electrical system while still
capable of being operated by other power
sources.
Accessories include antennas, tapes,
wires, records, discs or other media that
can be used with any apparatus described
in this Category i.
j. $1,500 on electronic apparatus and
accessories used primarily for "business"
while away from the "residence premises"
and not in or upon a "motor vehicle".
(1) The apparatus must be equipped to be
operated by power from the "motor
vehicle's" electrical system while still
capable of being operated by other
power sources.
Accessories include antennas, tapes,
wires, records, discs or other media that
can be used with any apparatus
described in this Category j.
k. $500 is the maximum loss payable for
d perty stored in fi
(2
on which the material exists.
(2) This limit includes the cost to research,
replace or restore the information from 4. Property Not Covered
the lost or damaged material. We do not cover:
¢. $1,500 on watercraft of all types, other than a. Articles separately described and
personal _ watercraft’, including their specifically insured, regardless of the limit
trailers, furnishings, equipment — and for which ‘they are insured, in this or other
outboard engines or motors. insurance:
d. $1,500 on trailers or semitrailers not used b. Animals, birds or fish;
with watercraft of all types. i 7
e. $1,000 on jewelry, watches, furs, precious
and semi-precious stones.
$2,000 on firearms.
when the limit of liability for Coverage C shown in
your Declarations is $0.
9
. Awnings;
d. "Motor vehicles".
(1) This includes:
(a) Their accessories, equipment and
parts; or
7”
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with its permissionHW 00 02 02 16
(b) Electronic apparatus and
accessories designed to be operated
solely by power from the electrical
system of the "motor vehicle".
Accessories include _ antennas,
tapes, wires, records, discs or other
media that can be used with any
apparatus described above.
The exclusion of property described in
(a) and (b) above applies only while
such property is in or upon the "motor
vehicle".
(2) We do cover "motor vehicles" not
required to be registered for use on
public roads or property which are:
(a) Located on the “residence premises”
and used solely to service an
“insured’s" residence;
(b) A motorized golf cart located on the
“residence premises” or while being
operated to or from, or on the
premises of a golf course; or
(c) Designed to assist the handicapped;
The coverage described in d.(2) above
does not apply to land conveyances,
including but not limited to, all terrain
vehicles, utility terrain vehicles, mopeds,
scooters not designed to assist the
handicapped, motorcycles, and
motorized bicycles, whether subject to
motor vehicle registration or not.
. Aircraft meaning any contrivance used or
designed for flight including any parts
whether or not attached to the sini
. Hovercraft and parts. Hovercraft means a
self-propelled motorized ground effect
vehicle and includes, but is not limited to,
flarecraft and air cushion vehicles;
- Property of roomers, boarders and other
tenants, except property of roomers and
boarders related to an "insured";
. Property in an apartment regularly rented
or held for rental to others by an "insured",
except as provided under E.7. Landlord's
Furnishings;
i. Property rented or held for rental to others
off the "residence premises";
j. "Business" data, including such data stored
in:
(1) Books of account, drawings or other
paper records; or
(2) Computers and related equipment.
We do cover the cost of blank recording or
siorage media, and of prerecorded
computer programs available on the retail
market;
k. Credit cards, electronic fund transfer cards
or access devices used solely for deposit,
withdrawal or transfer of funds;
|. Water or steam;
m. Personal property stored in freezers or
refrigerators located off the "residence
premises";
n. Personal property located in whole or in
part over water; or
o. “Personal watercraft”.
D. Coverage D —- Loss Of Use
The limit of liability for Coverage D is the total limit
2. Fair Rental Value and 3 Civil Authority
Prohibits Use below.
1. Additional Living Expense
a. If a loss covered under PROPERTY
COVERAGES makes that part of the
“residence premises" where you reside not
fit to live in, we cover any necessary
increase in livina expenses incurred by vou
so that your household can maintain its
normal standard of living.
b. 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.
c. In either event, the payment(s) will be
limited to 24 consecutive months from the
date of the covered loss.
2. Fair Rental Value
a. If a loss covered under PROPERTY
COVERAGES makes that part of the
"residence premises" rented to others or
held for rental by you not fit to live in, we
cover the fair rental value of such premises
less any expenses that do not continue
while it is not fit to live in.
b. Payment will be for the shortest time
required to repair or replace such premises.
c. In either event, the payment(s) will be
limited to 24 consecutive months from the
date of the covered loss.
Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 19
with its permission3. Civil Authority Prohibits Use
If a civil authority prohibits you from use of the
“residence premises" as 2 result of direct
damage to neighboring premises by a Peril
Insured Against, we cover the loss as provided
in 1. Additional Living Expense and 2. Fair
Rental Value above for no more than two
weeks.
4. Loss Or Expense Not Covered
We do not cover loss or expense due to
cancellation of a lease or aareement.
The periods of time under 1. Additional Living
Expense, 2. Fair Rental Value and 3. Civil
Authority Prohibits Use above are not limited by
expiration of this Policy.
E. Additional Coverages
1. Debris Removal
a. We will pay the reasonable expense you
incur for tne removai of:
(1) Debris of covered property if a Peril
Insured Against that applies to the
damaged property causes the loss; or
(2) Ash, dust or particles from a volcanic
eruption that has caused direct loss to a
building or property contained in a
building.
This expense is included in the limit of
liability that applies to the damaged
property.
If the amount to be paid for the actual
damage to the property plus the debris
removal expense is more than the limit of
liability for the damaged property, an
additional 5% of that limit is available for
such exnense,
b. We will also pay the reasonable expense
you incur, up to $1,000, for the removal
from the "residence premises" of:
(1) Your tree(s) felled by a Peril Insured
Against; or
(2) A neighbor's tree(s) felled by a Peril
Insured Against;
provided the tree(s):
(1) Damage(s) a covered structure; or
(2) Does not damage a covered structure,
but:
(a) Block(s) a driveway on the
"residence premises" which
prevent(s) a "motor vehicle", that is
registered for use on public roads or
property, from entering or leaving
the "residence premises"; or
(b) Block(s) a ramp or other fixture
designed to assist a handicapped
nerson to enter or laave the dwel ing
building,
The $1,000 limit is the most we will pay in
any one loss regardless of the number of
fallen trees. No more than $500 of this limit
will be paid for the removal of any one tree.
This coverage is additional insurance.
2. Reasonable Repairs
a. We will pay the reasonable cost incurred by
you for the necessary measures taken
solely to protect covered property that is
damaged by a Peril Insured Against from
further damage.
b. If the measures taken involve repair to
other damaged property, we will only pay if
that property is covered under this Policy
and the damage is caused hy a Peril
Insured Against.
This coverage does not:
(1) Increase the limit of liability that applies
to the covered property; or
(2) Relieve you of your duties, in case of a
loss to covered property, described in
B.2. under CONDITIONS.
3. Fire Department Service Charge
a. 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.
limits of the city, municipality or protection
district furnishing the fire department
response.
c. This coverage is additional insurance. No
deductible applies to this coverage.
. Property Removed
We insure covered property against direct loss
from any cause while being removed from a
premises endangered by a Peril Insured
Against and for no more than 30 days while
removed.
This coverage does not change the limit of
liability that applies to the property being
removed.
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with its permissionHW 00 02 02 16
5. Loss Assessment
a. We will pay up to $1,000 for your share of
loss assessment charged during the policy
period against you, as owner or tenant of
the "residence premises", by a corporation
or association of property owners.
b. The assessment must be made as a result
of direct loss to property, owned by all
members collectively, of the type that would
be covered by this Policy if owned by you,
caused by a Peril Insured Against.
c. The limit of $1,000 is the most we will pay
with respect to any one loss, regardless of
the number of assessments.
d. We do not cover assessments charged
against you or a corporation or association
of property owners by any governmental
body.
e. No deductible applies to this coverage.
f. Paragraph ©. Policy Period under
CONDITIONS does not apply to this
coverage.
This coverage is additional insurance.
. Glass Or Safety Glazing Material
a. We cover:
(1) The breakage of glass or safety glazing
material which is part of a covered
building, storm door or storm window;
(2) The direct physical loss to covered
property caused solely by the pieces,
fragments or splinters of broken glass or
safety glazing material which is part of a
building, storm door or storm window.
b. This coverage does not include loss to
covered property wnicn resuiis because the
glass or safety glazing material has been
broken, except as provided in a.(2) above.
This coverage does not increase the limit of
liability that applies to the damaged property.
. Landlord's Furnishings
a. We will pay up to $2,500 for your
appliances, carpeting and other household
furnishings, in each apartment on the
“residence premises" regularly rented or
held for rental to others by an "insured", for
loss caused by a Peril Insured Against.
b. This limit is the most we will pay in any one
loss regardless of the number of
appliances, carpeting or other household
furnishings involved in the loss.
coverage does not increase ine limit oF
liability applying to the damaged property.
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission
8. Ordinance Or Law
a. You may use up to 25% of the limit of
lability that appiies to Coverage A for the
increased costs you incur due to the
enforcement of any ordinance or law which
requires or regulates:
(1) The construction, demolition,
remodeling, renovation or repair of that
part of a building covered under
Coverage A damaged by a Peril Insured
Aaainst:
(2) The demolition and reconstruction of the
undamaged part of a building covered
under Coverage A, when that building
must be totally demolished because of
damage by a Peril Insured Against to
another part of that covered building; or
(3) The — remodeling, = removal — or
replacement of the portion of the
undamaged part of a building covered
under Coverage A necessary to
complete the remodeling, repair or
replacement of that part of the covered
building damaged by a Peril Insured
Against.
b. You may use all or part of this ordinance or
law coverage to pay for the increased costs
wnt ineur ty ramnua dahric racultinn fram
Cu mou ww remove Georg reouung Hon
the construction, demolition, remodeling,
renovation, repair, or replacement, of
property as stated in a. above.
c. We do not cover:
(1) The loss in value to any covered
building or other structure due to the
requirements of any ordinance or law;
or
The costs to comply with any ordinance
or law which requires any "insured" or
others, to test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, pollutants in or on
any covered building or other structure.
Pollutants means any solid, liquid,
gaseous or thermal irritant or
contaminant, including smoke, vapor,
soot, fumes, acids, alkalis, chemicals
and waste.
Waste includes materials to be
recycled, reconditioned or reclaimed.
This coverage is additional insurance.
(3
Page 7 of 199. Grave Markers
We will pay up to $5,000 for grave markers,
including mausoleums, on or away from the
"residence premises" for loss caused by a Peril
Insured Against.
This coverage does not increase the limits of
liability that apply to the damaged covered
property.
10. "Fungi", Wet Or Dry Rot, Yeast Or Bacteria
a. We will pay up to $10,000 for:
(1) The total of all loss payable under
PROPERTY COVERAGES caused by
"fungi", wet or dry rot, yeast or bacteria;
(2) The cost to remove "fungi", wet or dry
rot, yeast or bacteria from property
covered under PROPERTY
COVERAGES;
The cost to tear out and replace any
part of the building or oiner covered
properly as needed to gain access to
the "fungi", wet or dry rot, yeast or
bacteria; and
The cost of testing of air or property to
confirm the absence, presence or level
of "fungi", wet or dry rot, yeast or
bacteria whether performed prior to,
during or after removal, repair,
restoration or replacement.
The cost of such testing will be provided
only to the extent that there is a reason
to believe that there is the presence of
"fungi", wet or dry rot, yeast or bacteria.
b. The coverage described in a. only applies
when such loss or costs are a result of a
Peril Insured Against that occurs during the
policy period and only if all reasonable
means were used to save and preserve the
property from further damage at and after
the time a Peril Insured Against occurred.
c. $10,000 is the most we will pay for the total
of all loss or costs payable, including Loss
of Use under this Additional Coverage
regardless of the:
(i) Number of iocations insured; or
(2) Number of occurrences or claims made;
or
(3) Number of “insureds”.
(3
(4)
Page 8 of 19
Includes copyrighted material of Insurance Services Office, Inc.,
d. If there is covered loss or damage to
covered property, not caused, in whole or
in part by hw “fe ai
sory
bacteria, joss payment will not be limited by
the terms of this Additional Coverage,
except to the extent that "fungi", wet or dry
rot, yeast or bacteria causes an increase in
the loss or any Loss of Use.
Any such increase in the loss or Loss of
Use will be subject to the terms of this
Additional Coverage.
This coverage does not increase the limit of
liability applying to the damaged covered
property.
PERIL INSURED AGAINST
41. We insure for direct physical loss to the property
described in Coverages A, B and C caused only
by the peril of windstorm or hail unless the loss is
excluded in EXCLUSIONS.
2. With respect to paragraph 1. above, coverage for
loss caused by a Peril Insured Against includes
loss to:
a. Watercraft of all types and their trailers,
furnishings, equipment, and outboard engines
or motors, only while inside a fully enclosed
building.
b. The inside of a building or the property we
cover contained in a building caused by:
(1) Rain;
(2) Snow;
(3) Sleet;
(4) Hail;
(5) Sand; or
(B\ Duet
wy easy,
if the direct force of the windstorm or hail first
damages the building, causing an opening
through which the rain, snow, sleet, hail, sand
or dust enters and causes damage.
EXCLUSIONS
We do not insure for loss caused directly or indirectly
by any of the following. Such loss is excluded
regardless of any other cause or event contributing
concurrently or in any sequence to the loss.
These exclusions apply whether or not the loss event
results in widespread damage or affects a substantial
area.
HW 00 02 02 16
with its permission1. Ordinance Or Law
Ordinance or Law means any ordinance or law:
a. Requiring or regulating the construction,
demolition, remodeling, renovation or repair of
property, including removal of any resulting
debris.
This Exclusion 1. does not apply to the amount
of coverage that may be provided for in E.8.
Ordinance Or Law under PROPERTY
COVERAGES;
Le enne thin a Inne tn
1 reSun i 4a wS$ i
value to property; or
¢. Requiring any "insured" or others to:
(1) Test for;
(2) Monitor;
(3) Clean up;
(4) Remove;
(5) Contain;
(6) Treat;
(7) Detoxify;
(8) Neutralize; or
(9) In any way respond to, or assess the
effects of:
Pollutants.
d. Pollutants means any solid, liquid, gaseous or
thermal irritant or contaminant, including:
(1) Smoke;
(2) Vapor;
(3) Soot;
(4) Fumes;
(5) Acids;
(6) Alkalis;
(7) Chemicals; and
(8) Waste.
Waste includes materials to be recycled,
reconditioned or reclaimed.
This Exclusion 1. applies whether or not the
property has been physically damaged.
2. Earth Movement And Settlement
Earth Movement and Settlement means:
a. Earthquake, including land shock waves or
tremors before, during or after a volcanic
eruption;
b. Landslide, mudslide or mudflow;
c. Clay shrinkage or other expansion or
contraction of solis or organic materiais;
d. Settling, cracking or expansion of foundations;
HW 00 02 02 16
Includes copyrighted material of Insurance Services Office, Inc.,
e. Subsidence, sinkhole, sinkhole loss, sinkhole
activity, or catastrophic ground cover collapse;
f. Any other earin movement inciuding earth
sinking, rising or shifting; or
g- Scouring;
Whether caused by or resulting from human or
animal forces or any act of nature.
. Water Damage
Water Damage means:
a. Flood, Sumace waler, waves, inciuaing taal
wave and tsunami, tides, tidal water, storm
surge, wave wash, overflow of any body of
water, or spray from any of these, all whether
or not driven by wind, including storm surge;
b. Water which:
(1) Backs up or overflows through sewers or
drains;
(2) Backs up, overflows or is otherwise
discharged from a septic system or drain
field, or related equipment or similar
systems; or
(3) Overflows, backs up or is otherwise
discharged from:
(i) A sump, sump pump, _ irrigation
system, or related equipment; or
(ii) A roof drain, gutter, down spout, or
similar fixtures or equipment;
c. Water below the surface of the ground,
including water which exerts pressure on or
seeps, leaks or flows through a building,
sidewalk, driveway, patio, foundation,
swimming pool or other structure; or
d. Waterborne material, sewage or any other
substance, carried or otherwise moved by any
of the water referred to in 3.a. through 3.c. of
this Exclusion.
This Exclusion 3. applies regardless of whether
any of the above in 3.a. through 3.d. is caused by
or results from human or animal forces or any act
of nature.
This Exclusion 3. applies to, but is not limited to,
ESCAPE, OvErOW GT aiScHaTge, ior ay Teason, oT
water, waterborne material, sewage, or any other
substance, from a dam, levee, seawall, or any
other boundary or containment system.
. Power Failure
Power Failure means the failure of power or other
utility service if the failure takes place off the
"residence premises".
But if the failure resuits in a loss, from a Peril
Insured Against on the "residence premises”, we
will pay for the loss.
Page 9 of 19
with its permission5. Neglect
Neglect means neglect of any "insured" to use all
reasonable means to save and preserve property
at ‘and after the ‘time ‘of a loss.
6. War
War includes the following and any consequence
of any of the following:
a. Undeclared war, civil war,
rebellion or revolution;
b. Warlike act by a military force or military
personnel; or
c. Destruction, seizure or use for a military
purpose.
Preview
Filing # 137143704 E-Filed 10/23/2021 03:01:54 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ELIZABETH DUARTE COTOIA NICHOLAS, PLAINTIFFS, CASE NO.:2021CA004504XXXXMB CITIZENS PROPERTY INSURANCE CORPORATION, DEFENDANT. AMENDED COMPLAINT FOR DECLARATORY RELIEF Plaintiffs ELIZABETH DUARTE and COTOIA NICHOLAS, by and through undersigned counsel, sue Defendant CITIZENS PROPERTY INSURANCE CORPORATION, for a deciaratory judgment, stating as follows: 1. At all times material hereto, Plaintiffs are and were residents of Palm Beach County, Florida and is otherwise sui juris. 2. Plaintiffs own the property which is the subject of this dispute, located at 128 SE 6th Ave, Boynton Beach, FL 33435 (“Property”). 3. At all times material hereto, Defendant was and is an insurance company, doing business in Palm Beach County, Florida, and is otherwise sui juris. 4. The Parties entered into a written contract, the insurance policy, providing coverage to the Property at the time of the Loss. See Exhibit A “Policy” 5. On or about September 10, 2017, wind and/or rain caused damage to the structure and the interior of the dwelling (“Loss”). CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED 4NINAINNAA NAN4-EA DN PILL. PAL DLA VUUINE TT, PL, JUOL I mDnNUeey, ULL, fue.) vl. civ6. Plaintiffs reported the Loss to Defendant; and otherwise complied with all post-loss duties under the conditions of the Policy to apply for insurance benefits due from the Loss. 7. Defendant assigned the Loss Claim No. 001-00-224257. 8. Defendant denied coverage under the policy for the Loss. See Exhibit B “Denial Letter.” 9. All conditions precedent to obtaining coverage from Defendant under the Policy and to the bringing of the instant cause of action have been complied with, met or waived. 10. Plaintiffs believe they have complied with all the duties of the Policy and all specific requests made by the Defendant. ll. Plaintiffs believe wind damaged the roof of the property which caused an opening to the roof which allowed rainwater to enter the dwelling and damage the interior. 12. Plaintiffs believe this is an all risk policy where coverage is afforded unless it is excluded. 13. Plaintiffs read the following provision of the policy to provide coverage under these set of facts: PERIL INSURED AGAINST 1. We insure for direct physical loss to the property described in Coverages A, B and C caused only by the peril of windstorm or hail unless the loss is excluded in EXCLUSIONS. 2. With respect to paragraph 1. above, coverage for loss caused by a Peril Insured Against includes loss to: b. The inside of a building or the property we cover contained in a b caiised by: (J) Rain; (2) Snow; (3) Sleet; (4) Hail; (5) Sand; or (6) Dust; Page 2 of 5 WWW.BPINJURY.COMif the direct force of the windstorm or hail first damages the building, causing an opening through which the rain, snow, sleet, hail, sand or dust enters and causes damage. 14. Plaintiffs are in doubt as to the Defendant’s interpretation of the policy as they have failed to provide coverage under the exacts set of facts for which coverage should be afforded. 15. Hurricane Irma is a peril under the subject policy. 16. | Winds from Hurricane Irma damaged the roof. 17. Winds from Hurricane Irma created an opening in the roof. 18. Defendant’s denial of coverage is wrong. 19. Jurisdiction and venue are proper based upon the amount in controversy, nature of the cause of action and location of the Property and/or Defendant’s corporate headquarters. 20. Due to Defendant’s conduct, Plaintiff has been obligated to retain undersigned counsel to bring this action, and pursuant to Fla. Stat. § 627.428, § 626.9373 or others and others, is entitled to recover a reasonable attorney’s fee from Defendant. 21. — This is an action for Declaratory Relief pursuant to Fla. Stat. ch. 86 and the Court’s general equity powers to declare the Parties’ rights and obligations under the contract of insurance. 22. The amount in controversy is greater than $30,000.00 exciustve of attorneys fees and costs. 23. Plaintiffs believe that the repair of the damage, or at least some of the damage, related to the Loss should be covered under the policy. 24. Plaintiffs have showed the damaged property to Defendant and Plaintiffs believe that the damage falls within the coverages bound within the Policy. 25. Plaintiffs believe that no exclusions or limitations under the Policy apply to deny Coverage. Page 3 of 5 WWW.BPINJURY.COM26. Based upon Defendant’s position outlined in its denial letter, there is a dispute related to Defendant’s duty to adjust and provide coverage for this loss. 27. Adeclaratory action is the proper cause of action for the Court to determine whether coverage exists for this insurance claim. 28. The actions taken by Defendant, based on Defendant’s unilateral interpretation of the express terms of the Policy, conflict with Plaintiff's interpretation of the terms of the Policy as applied to the facts of the Loss. 29. Due to Defendant’s actions compared to Plaintiffs interpretation, Plaintiffs are unsure of rights in regards to the Policy, including what types of losses are or are not covered, whether this Loss is covered, and Plaintiffs are in need of a declaration by the Court of rights regarding whether there is coverage under the Policy for the Loss in accordance with Florida law. 30. Pursuant to Florida law, the Court has the jurisdiction and power to construe relations that are affected by the construction of an insurance policy and issue a declaratory Judgment in relation to same as to whether there should be coverage under the Policy for this Loss. 31. | The amount of damages is incalculable and unascertainable until a declaration of coverage 1s first provided, and the repairs commence and proceed. 32. As such, this case is for coverage only, and an itemization of damages is not being sought herein. 33. Accordingly, Plaintiffs have filed this request for declaratory relief seeking the Court’s construction and interpretation of the Policy as it relates to whether there is coverage for the Loss. WHEREFORE, Plaintiffs pray this Honorable Court take jurisdiction of this matter and a hint nat Henited ta a danloratany B» OUL TUL TLeG LO a GCCiarawry Page 4 of 5 WWW.BPINJURY.COMjudgment in Plaintiffs favor on the above coverage issues; a judgment in Plaintiff's favor for the recovery of all reasonable attorneys fees and costs pursuant to Fla. Stat. § 627.428, § 626.9373 or others; and a reservation of jurisdiction to enter such further orders and judgments as may be required to enforce the Court’s declaration; and for such other and further relief this Court deems Just and equitable. Demand for Jury Trial 34. Plaintiff demands a trial by jury of all issues so triable as a matter of right. CERTIFICATE OF SERVICE ‘TiFY that a true and correct copy of the foregoing was furnished via Emaii, pursuant to Rule 2.516(b)(1) to: Shawntozi Campbell, Esq., Roig Lawyers, Pleadings@RoigLawyers.com via transmission of Notice of Electronic Filing generated by eservice@myflcourtaccess.com and/or was sent by electronic mail to the above addressees, October 23, 2021. Respectfully submitted, Attorneys for Plaintiff, /s/ Irina Tarnovsky Irina Tarnovsky, Esq. Florida Bar No. 103397 Bernstein | Polsky 95 South Federal Highway, Suite 200 Boca Raton, Florida 33432 Tel: (954) 997-9947 Fax: (954) 301-2387 Email: service@bpinjury.com Email: irina@bpinjury.com Page 5 of 5 WWW.BPINJURY.COMa CITIZENS | & A aees_ on ett ne Geruied rolcy mequest PORTS EIRENE 2101 Marftand Circio Tallahassee, FL 32303 pate: 7/27/2020 Requestor’s Name: Brittany Dawson Requestor's Employer: _ LW Office of Bernstein Polsky Contact Number: 954-997-9947 Email Address: ___Brittany@bpinjury.com Insured’s Name: Elizabeth Duarte Pollcy Number: 01565193-5 Policy Term: September 2017 ~ -Date of Loss:09/10/2017.. ---...~ Type of documents needed (Please check all that apply): Ycentiied Policy 1 Complete Underwriting File © other (explain) Where should the documents be sent? aw Email Address: (0 Fax Number: U Mailing Address: Pleaso note that if you chose to have your documents sent by mail, It will add additional processing time to your request. Requirements: Insured ~ Complete and retum the form eee aan wn. tn macl entesn thn £2 PUBIC AGjUstErs - Compete anu retin ure contact signed by the Insured with your request. Dianna Inakida a nanu af the latter af ranrocantatian ar Pigase iciuue @ Copy Cr ure tower or ruprewennmauer oF Attorneys - Complete and return the form. Please include a copy of the letter of representation signed by the Insured with your request. Agents ~ In order to receive a copy of the policy, you must be the agent of record for the policy term you are requesting. Complete and retum the form. Please retum this document to CortifedPolicyRequests@citizensfia.com ot fax It to (850) 875-1879. Please be advised that failure to return this document to the email or fax number provided above may result in a delay in the processing of your request.CITIZENS PROPERTY INSURANCE CORPORATION 2101 MARYLAND CIRCLE KC Cn TALLAMASSEE, Flopina 29302-1094 er —~ UTIZENS TELEPHONE: (888)-685-1555 PROPERTY INSURANCE CORPORATION AFFIDAVIT OF CUSTODIAN OF RECORDS Florida Evidence Code §§ 90.803(6) and 90.902(11), Fla. Stat.) 1. I, Jalisa Reddick, am the Document Control Assistant of Records for Citizens Property Insurance Corporation (Citizens) and in such capacity I have the authority to certify the attached records. 2, Attached hereto is a copy of Citizens’ Policy No. 01565193 of policyholder ELIZABETH DUARTE. 8. This policy was kept by Citizens in the regular course of business, and it was the regular practice of Citizens for an employee or representative with knowledge of the act recorded to make the record or transmit information thereof to be included in such record. 4. This record was made at or near the time of the act. 5. The records attached hereto are exact duplicates of the original. Under penalties of perjury I declare that I have read the foregoing Affidavit and that the facts stated in it are true. : Digitally signed by Jalisa Jalisa ‘Reddick : te: 2020.07.31 13:21:11 July 31, 2020 Reddick a 0" Date Jalisa Reddick Records Assistant Citizens Property Insurance Corporation Gary Aubuchon, Interim Chairman, Lee County e Bette Brown, Monroe County Blake Capps, Martin County @ Marc W. Dunbar, Leon County ¢ James Holton, Pinellas County John McKay, Manatee County # Freddie Schinz, Okaloosa County John Wortman, St. Johns County Barry Gilway, President/CEO and Executive DirectorCITIZENS PROPERTY INSURANCE CORPORATION i. 301 W BAY ST cil ZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION Homeowners HW-2 Wind Only Policy - Declarations POLICY NUMBER: 01565193 - 2 POLICY PERIOD: FROM 12/27/2016 TO 12/27/2017 at 12:01 a.m. Eastern Time at the Location of the Residence Premises Transaction: AMENDED DECLARATIONS, Effective: 05/16/2017 Named Insured and Mailing Address: Location Of Residence Premises: Agent: FI. Agent Lic. #: P126472 First Named Insured: 128 SE 6TH AVE LEVAY INSURANCE GROUP, INC. ELIZABE IN DUARTE BOYNTON BEACH FL 33435-4546 STEPHEN LEVAY 128 SE 6TH AVE County:PALM BEACH 1618 NW 2 AVENUE. BOYNTON BEACH, FL 33435-4546 BOCA RATON, FL 33432 Phone Number: 954-333-1700 Phone Number: 561-394-5040 Citizens Agency ID#: 27782 Additional Named Insured: Please refer to “ADDITIONAL NAMED INSURED(S)" section for details Coverage is only provided where a premium and a limit of liability is shown . A ne 1907) Qa aan inns Ns PyVOU (e107 nufficane Deauctinie: 24,U9D (270) LIMIT OF LIABILITY ANNUAL PREMIUM PROPERTY COVERAGES $1,293 A. Dwelling: $201,800 B. Other Structures: $4,040 C. Personal Property: $50,450 D. Loss of Use: $20,180 OTHER COVERAGES Ordinance or Law Limit (25% of Cov A) (See Policy) Included SUBTOTAL: $1,293 Florida Hurricane Catastrophe Fund Build-Up Premium: $78 mm Adiuetmant Due To Allowable Date Chana: ($35) t AGjusunens Cue To mHorraure mate Grange: wee, MANDATORY ADDITIONAL CHARGES: 2012 Florida Insurance Guaranty Association (FIGA) Regular Assessment $4 Catastrophe Financing Surcharge $200 Tax-Exempt Surcharge $23 TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: $1,563 The portion of your premium for: Hurricane Coverage is $1,308 Non-Hurricane Coverage is $28 Authorized By: STEPHEN LEVAY Processed Date: 05/16/2017 DEC HW2 12 15. First Named Insured Page 1 of 3CITIZENS PROPERTY INSURANCE CORPORATION i. 301 W BAY ST cil ZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION Homeowners HW-2 Wind Only Policy - Declarations Policy Number: 01565193 - 2 POLICY PERIOD: FROM 12/27/2016 TO 12/27/2017 First Named Insured: ELIZABETH DUARTE at 12:01 a.m. Eastern Time at the Location of the Residence Premises Forms and Endorsements applicable to this policy: HW 01 10 02 16, HW 04 22 06 13. HW 00 02 02 16. HW 00 24 09 08 Rating/Underwriting Information Year Built: 1965 | Terrain: c Town / Row House: No |j Roof Cover: Unknown Construction Type: Masonry |] Roof Cover - FBC Wind Speed: N/A BCEGS: Ungraded | Roof Cover - FBC Wind Design: N/A Territory: 96 || Roof Deck Attachment: Level C Municipal Code - Fire: 191 |] Roof-Wall Connection: Single Wraps Occupancy: Owner Occupied |] Secondary Water Resistance: No Use: Primary || Roof Shape: Gable Number of Families: 1] Opening Protection: Class A No Prior Insurance Surcharge: No A premium adjustment of ($3,496) is included to reflect the building's wind loss mitigation features or construction techniques that exists. A premium adjustment of $0 is included to reflect the building code effectiveness grade for your area. Adjustments range from a 2% surcharge to a 10% credit. The Total Charge For This Endorsement is $0 ADDITIONAL NAMED INSURED(S) Name Address No Additional Named Insureds ADDITIONAL INTEREST(S) #_ Interest Type Name and Address Loan Number PENNYMAC LOAN SERVICES LLC ISAOA 11st Morgagee PO BOX 6618 SPRINGFIELD, OH 45501-6618 Ceca DEC HW2 12 15 First Named Insured Page 2 of 3CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST Cone NS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION Homeowners HW-2 Wind Only Policy - Declarations Policy Number: 01565193 - 2 POLICY PERIOD: FROM 12/27/2016 TO 12/27/2017 First Named Insured: ELIZABETH DUARTE at 12:01 a.m. Eastern Time at the Location of the Residence Premises FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY. 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. YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT. TO REPORT A CLAIM CALL 866.411.2742 INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND/OR AGENTS TO ASSIST THEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS. PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. IF YOU ARE UNABLE TO CONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT 888.685.1555. DEC HW2 12 15. First Named Insured Page 3 of 3HOMEOWNERS HW 00 02 02 16 HOAMEAWNERS 2 _ WIND ONI V FORM PIwiinwwviw Nw a WUE WI ZN TABLE OF CONTENTS GENERAL 8. Intentional Loss 10 9. Governmental Action 10 Agreement 4 10. “Fungi”, Wet Or Dry Rot, Definitions 1 Yeast Or Bacteria 10 Deductible 2 11. Wear, Tear, Marring, Chipping, Scratches, Dents PROPERTY COVERAGES And Deterioration 10 12. Inherent Vice, Latent Defect And A. Coverage A - Dwelling 2 Mechanical Breakdown 10 B. Coverage B - Other Structures 2 13. Existing Damage 10 C. Coverage C - Personal Property 3 14. Exterior Paint Or Waterproofing 10 D. Coverage D - Loss Of Use 5 15. Coastal Construction RAAB ARAL Davo nnn Control Line Exel 10 ©. AdaiiGiia Coverages SOS: SHS SAS: ~ 1. Debris Removal 6 2. Reasonable Repairs 6 CONDITIONS 3. Fire Department Service Charge 6 4. Property Removed 6 A. Insurable Interest And Limit of Liability 10 5. Loss Assessment 7 B. Duties After Loss 10 6. Glass Or Safety Glazing Material 7 C. Loss Settlement 1 7. Landlord’s Furnishings 7 D. Loss To A Pair Or Set 12 8. Ordinance Or Law 7 E. Mediation Or Appraisal 12 9. Grave Markers 8 F. Other Insurance And 10. “Fungi”, Wet Or Dry Rot, Service Agreement 13 Yeast Or Bacteria 8 G. Suit Against Us 13 H. Our Option 14 PERIL INSURED AGAINST |. Loss Payment 14 J. Abandonment Of Property 14 Peril Insured Against 8 K. Mortgage Clause 14 L. No Benefit To Bailee 15 M. Nuclear Hazard Clause 15 N. Recovered Property 15 ir O. Policy Period 15 1. Ordinance Or Law 9 2. Earth Movement And Settlement 9 P. Concealment Or Fraud 15 3. Water Damage 9 Q. Adjustment To Property 4. Power Failure 9 Coverage Limits 18 5. Neglect 10 R. Liberalization Clause 15 6. War 10 S. Waiver Or Change Of Policy Provisions15 7. Nuclear Hazard 10 T. Cancellation 16 FEEL - U. Nonrenewal 17 V. Renewal Notification 18 W. Assignment 18 X. Subrogation 18 Y. Salvage 19 Z. Inspections And Surveys 19 AA. Notification Regarding Access 19 BB. Death 19 HW 00 02 02 16 Includes copyrighted material of Insurance Services Office, Inc., Page i with its permissionHOMEOWNERS HW 00 02 02 16 HOMEOWNERS 2 — WIND ONLY FORM AGREEMENT We will provide the insurance described in this Policy in return for the premium and compliance with all applicable provisions of this Policy. DEFINITIONS A. 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. le maldlitinn anctain wumeda ame . ii aaauon, Cenain Woras ana pr as follows: 1. "Business" means: a. A trade, profession or occupation engaged in on a full-time, part-time or occasional basis; or b. Any other activity engaged in for money or other compensation, except the following: (1) One or more activities, not described in (2) through (4) below, for which no "insured" receives more than $2,000 in total compensation for the 12 months before the beginning of the policy period; Volunteer activities for which no money is received other | than payment for In narinem tha incurred 1S pencim the 2 activity; Providing home day care services for which no compensation is received, other than the mutual exchange of such services; or (4) The rendering of home day care services to a relative of an "insured". ie) “Fungi” means any type or form of fungus, including mold or mildew, and any mycotoxins, toxins, spores, scents or by-products produced or released by fungi. 3. "Insured" means: a. You and residents of your household who are: (1) Your relatives; or (2) Other persons under the age of 21 and in the care of any person named above; HW 00 02 02 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission b. A student enrolled in school full time, as defined by the school, who was a resident of your household before moving out to attend school, provided the student is unger ine age or (1) 24 and your relative; or (2) 21 and in your care or the care of a resident of your household who is your relative; When the word an immediately precedes the word "insured", the words an "insured" together mean one or more “insureds”. . "Motor vehicle" means: a. A self-propelled land or amphibious vehicle; or b. Any trailer or semitrailer which is being carried on, towed by or hitched for towing by a vehicle described in a. above. . “Personal watercraft” means: a. A waiercratt tnat the rider siis, kneels or stands on rather than inside of, designed to carry one to four people, propelled by a water jet pump; or b. A watercraft designed to be partially or fully submersible. . "Residence employee" means: a. An employee of an "insured", or an employee leased to an "insured" by a labor leasing firm, under an agreement between an "insured" and the labor leasing firm, whose duties are related to the maintenance or use of the "residence premises”, including household or domestic services; or b. One who performs similar duties elsewhere not related to the "business" of an “insured”. A “residence employee" does not include a temporary employee who is furnished to an "insured" to substitute for a permanent “residence employee" on leave or to meet seasonal or short-term workload conditions. 7. "Residence premises” means: a Tha nna family dualling whara une racida: @ ine One ranny Gweung Wwoere you resus, b. The two, three or four family dwelling where you reside in at least one of the family units; or Page 1 of 19c. That part of any other building where you reside; and which is shown as ihe “Location of Residence Premises” in the Declarations. "Residence premises" also includes other structures and grounds at that location. DEDUCTIBLE Unless otherwise noted in this Policy, the following dedi Subject to the policy limits that apply, we will pay only that part of the total of all loss payable that exceeds the deductible amount shown in the Declarations. PROPERTY COVERAGES A. Coverage A — Dwelling 1. We cover: a, The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling; and . Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises". 2. Wa da not cover: a. Awnings; b. Carports, porches constructed to be open to the weather, patios constructed to be open to the weather, or pool enclosures, any of which have a roof or covering of: (1) Aluminum; (2) One or more fiberglass panels; (3) Plastic: (4) Vinyl; (5) Fabric; or (6) Screening; e. Plumbing, water or lift pumps in the open. However, we do cover plumbing, water or iit pumps permaneniiy insialied, located on the “residence premises” and designed to service the dwelling; f, Radio and television transmitting or Teceiving antennas and aerials, satellite dishes, including their lead-in wiring, masts or towers and supports. However, we do cover Solar paneling and cine? $ apparatus, pipes, wiring, masts or towers and their supports when permanently installed, located on the “residence premises” service the dwelling; . Ramps, unless attached to the dwelling and designed to provide egress for the handicapped; . Signs, steeples and utility poles, including their light fixtures. However, we do cover utility poles permanently installed, located on the “residence premises”, owned by an “insured” and designed to provide electrical service to the dwelling; i. Any structure, whether attached or separate from the covered dwelling, that has a roof, exterior wall, or covering, of thatch, grass, palm, lattice, slats, or similar material; - Any attachment on the covered dwelling comprised of thatch, grass, palm, lattice, slats, or similar material; . Slat houses, chickees, tiki huts, gazebos, cabanas, canopies, pergolas, or similar structures, all constructed to be open to the weather; or |. Windmills, — wind smokestacks. and designed to pumps, silos and We cover other structures on the “residence premises" set apart from the dwelling by clear This includes structures connected to the dwelling by only a fence, utility line, or similar a. Amusement equipment in the open; c. Bridges, boardwalks, trestles, catwalks, B. Coverage B — Other Structures dune walks, roadways, driveways, courts, 1. pads, or paved or graveled surfaces attached to the dwelling. space. However, we do cover decks, walkways and patios attached to the dwelling which are designed to provide egress to the connection, dwelling; eee tc : d. Land, including land on which the dwelling Pete is located; b. Awnings; Page 2 of 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission HW 00 02 02 16HW 00 02 02 16 c. Carports, porches constructed to be open to the weather, patios constructed to be open to the weather, or poo! enclosures, any of which have a roof or covering of: (1) Aluminum; (2) One or more fiberglass panels; (3) Plastic; (4) Vinyl; (5) Fabric; or (6) Screening; Bridges, boardwalks, trestles, catwalks, dune walks, roadways, driveways, courts, pads, or paved or graveled surfaces not attached to the dwelling; Decks, walkways and patios not attached to the dwelling; Fountains, statuary and monuments; Land: ing land on which the other structures are located; Lawn sprinkling systems; Other structures rented or held for rental to any person not a tenant of the dwelling, unless used solely as a private garage; Other structures from which any "business" is conducted; Other structures used to store “business” property. However, we do cover a structure that contains "business" property solely owned by an "insured" or a tenant of the dwelling provided that "business" property does not include gaseous or liquid fuel, other than fuel in a permanently installed fuel tank of a vehicle or craft parked or stored in the structure; Pilings, piers, boathouses, beach or diving platforms, seawalls, retaining —_walls, bulkheads, docks and wharves; Plumbing, water or lift pumps in the open. However, we do cover plumbing, water or lift pumps permanently installed, located on the “racidanra nra e” and dacinnad tn We festaence prenuces anu GeSIgneU tC service the dwelling; Other structures located in whole or in part over water; Radio and television transmitting or receiving antennas and aerials, satellite dishes, including their lead-in wiring, masts or towers and supports. Includes copyrighted material of Insurance Services Office, Inc., However, we do cover solar paneling and other similar i Sree Hig fae pipe masts or towers and their supports when permanently installed, located on the “residence premises” and designed to service the dwelling; p. Ramps, unless attached to the dwelling and designed to provide egress for the handicapped; a. Signs, steeples and utility poles. including their light fixtures. However, we do cover utility poles permanently installed, located on the “residence premises”, owned by an “insured” and designed to provide electrical service to the dwelling; r. Any structure that has a roof, exterior wall, or covering, of thatch, grass, palm, lattice, slats, or similar material; s. Slat houses, chickees, tiki huts, gazebos, cabanas, canopies, pergolas, or similar structures, all constructed to be open to the weather; t. Fabric windscreens on fences; u. Trees, shrubs, flowers, lawns, crops and other plants: or v. Windmills, wind pumps, silos and smokestacks. . The limit of liability for this coverage is shown in your Declarations. Use of this coverage does not reduce the Coverage A limit of liability. C. Coverage C - Personal Property 1. Covered Property We cover personal property owned or used by an "insured" while it is anywhere in the world. After a loss and at your request, we will cover personal property owned by: a, Others while the property is on the part of the "residence premises" occupied by an “insured”; or b. A guest or a "residence employee", while the property is in any residence occupied by an "insured". Page 3 of 19 with its permission2. Limit For Property At Other Residences Our limit of liability for personal property usually located at an “insured's" residence, other than the "residence premises", is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to personal property: a. Moved from the "residence premises" because it is being repaired, renovated or rebuilt and is not fit to live in or store property in; or b. In a newly acquired principal residence for 30 days from the time you begin to move the property there. . Special Limits Of Liability The special limit for each category shown below is the total limit for each loss for all pronerty in that category. These snecial limits do not increase the Coverage C limit of liability. a. $200 on money, bank notes, bullion, gold, goldware, gold-plated ware, __ silver, silverware, silver-plated ware, platinum platinumware, _platinum-plated —_- ware, pewter, pewterware, coins, medals, scrip, stored value cards and smart cards. This includes flatware, hollowware, tea sets, trays, and trophies made of or including silver, gold, platinum or pewter. b. $1,500 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, personal records, passports, tickets, stamps, trading cards and comic books. (1) This dollar limit applies to these categories regardless of the medium (such as paper or computer software) g- $2,500 on property, on the “residence premises", used primarily for "business" h. $500 on property, away from the “residence premises", used primarily for "business" purposes. However, this limit does not apply to loss to electronic apparatus and other property described in Categories i. and j. below. i. $1,500 on electronic apparatus and Eyre my Wen atre accessories, or upon a “Motor vehicle", but only if the apparatus is equipped to be operated by power from the "motor vehicle's" electrical system while still capable of being operated by other power sources. Accessories include antennas, tapes, wires, records, discs or other media that can be used with any apparatus described in this Category i. j. $1,500 on electronic apparatus and accessories used primarily for "business" while away from the "residence premises" and not in or upon a "motor vehicle". (1) The apparatus must be equipped to be operated by power from the "motor vehicle's" electrical system while still capable of being operated by other power sources. Accessories include antennas, tapes, wires, records, discs or other media that can be used with any apparatus described in this Category j. k. $500 is the maximum loss payable for d perty stored in fi (2 on which the material exists. (2) This limit includes the cost to research, replace or restore the information from 4. Property Not Covered the lost or damaged material. We do not cover: ¢. $1,500 on watercraft of all types, other than a. Articles separately described and personal _ watercraft’, including their specifically insured, regardless of the limit trailers, furnishings, equipment — and for which ‘they are insured, in this or other outboard engines or motors. insurance: d. $1,500 on trailers or semitrailers not used b. Animals, birds or fish; with watercraft of all types. i 7 e. $1,000 on jewelry, watches, furs, precious and semi-precious stones. $2,000 on firearms. when the limit of liability for Coverage C shown in your Declarations is $0. 9 . Awnings; d. "Motor vehicles". (1) This includes: (a) Their accessories, equipment and parts; or 7” Page 4 of 19 Includes copyrighted material of Insurance Services Office, Inc., HW 00 02 02 16 with its permissionHW 00 02 02 16 (b) Electronic apparatus and accessories designed to be operated solely by power from the electrical system of the "motor vehicle". Accessories include _ antennas, tapes, wires, records, discs or other media that can be used with any apparatus described above. The exclusion of property described in (a) and (b) above applies only while such property is in or upon the "motor vehicle". (2) We do cover "motor vehicles" not required to be registered for use on public roads or property which are: (a) Located on the “residence premises” and used solely to service an “insured’s" residence; (b) A motorized golf cart located on the “residence premises” or while being operated to or from, or on the premises of a golf course; or (c) Designed to assist the handicapped; The coverage described in d.(2) above does not apply to land conveyances, including but not limited to, all terrain vehicles, utility terrain vehicles, mopeds, scooters not designed to assist the handicapped, motorcycles, and motorized bicycles, whether subject to motor vehicle registration or not. . Aircraft meaning any contrivance used or designed for flight including any parts whether or not attached to the sini . Hovercraft and parts. Hovercraft means a self-propelled motorized ground effect vehicle and includes, but is not limited to, flarecraft and air cushion vehicles; - Property of roomers, boarders and other tenants, except property of roomers and boarders related to an "insured"; . Property in an apartment regularly rented or held for rental to others by an "insured", except as provided under E.7. Landlord's Furnishings; i. Property rented or held for rental to others off the "residence premises"; j. "Business" data, including such data stored in: (1) Books of account, drawings or other paper records; or (2) Computers and related equipment. We do cover the cost of blank recording or siorage media, and of prerecorded computer programs available on the retail market; k. Credit cards, electronic fund transfer cards or access devices used solely for deposit, withdrawal or transfer of funds; |. Water or steam; m. Personal property stored in freezers or refrigerators located off the "residence premises"; n. Personal property located in whole or in part over water; or o. “Personal watercraft”. D. Coverage D —- Loss Of Use The limit of liability for Coverage D is the total limit 2. Fair Rental Value and 3 Civil Authority Prohibits Use below. 1. Additional Living Expense a. If a loss covered under PROPERTY COVERAGES makes that part of the “residence premises" where you reside not fit to live in, we cover any necessary increase in livina expenses incurred by vou so that your household can maintain its normal standard of living. b. 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. c. In either event, the payment(s) will be limited to 24 consecutive months from the date of the covered loss. 2. Fair Rental Value a. If a loss covered under PROPERTY COVERAGES makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the fair rental value of such premises less any expenses that do not continue while it is not fit to live in. b. Payment will be for the shortest time required to repair or replace such premises. c. In either event, the payment(s) will be limited to 24 consecutive months from the date of the covered loss. Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 19 with its permission3. Civil Authority Prohibits Use If a civil authority prohibits you from use of the “residence premises" as 2 result of direct damage to neighboring premises by a Peril Insured Against, we cover the loss as provided in 1. Additional Living Expense and 2. Fair Rental Value above for no more than two weeks. 4. Loss Or Expense Not Covered We do not cover loss or expense due to cancellation of a lease or aareement. The periods of time under 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use above are not limited by expiration of this Policy. E. Additional Coverages 1. Debris Removal a. We will pay the reasonable expense you incur for tne removai of: (1) Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or (2) Ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a building. This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged property, an additional 5% of that limit is available for such exnense, b. We will also pay the reasonable expense you incur, up to $1,000, for the removal from the "residence premises" of: (1) Your tree(s) felled by a Peril Insured Against; or (2) A neighbor's tree(s) felled by a Peril Insured Against; provided the tree(s): (1) Damage(s) a covered structure; or (2) Does not damage a covered structure, but: (a) Block(s) a driveway on the "residence premises" which prevent(s) a "motor vehicle", that is registered for use on public roads or property, from entering or leaving the "residence premises"; or (b) Block(s) a ramp or other fixture designed to assist a handicapped nerson to enter or laave the dwel ing building, The $1,000 limit is the most we will pay in any one loss regardless of the number of fallen trees. No more than $500 of this limit will be paid for the removal of any one tree. This coverage is additional insurance. 2. Reasonable Repairs a. We will pay the reasonable cost incurred by you for the necessary measures taken solely to protect covered property that is damaged by a Peril Insured Against from further damage. b. If the measures taken involve repair to other damaged property, we will only pay if that property is covered under this Policy and the damage is caused hy a Peril Insured Against. This coverage does not: (1) Increase the limit of liability that applies to the covered property; or (2) Relieve you of your duties, in case of a loss to covered property, described in B.2. under CONDITIONS. 3. Fire Department Service Charge a. 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. limits of the city, municipality or protection district furnishing the fire department response. c. This coverage is additional insurance. No deductible applies to this coverage. . Property Removed We insure covered property against direct loss from any cause while being removed from a premises endangered by a Peril Insured Against and for no more than 30 days while removed. This coverage does not change the limit of liability that applies to the property being removed. Page 6 of 19 Includes copyrighted material of Insurance Services Office, Inc., HW 00 02 02 16 with its permissionHW 00 02 02 16 5. Loss Assessment a. We will pay up to $1,000 for your share of loss assessment charged during the policy period against you, as owner or tenant of the "residence premises", by a corporation or association of property owners. b. The assessment must be made as a result of direct loss to property, owned by all members collectively, of the type that would be covered by this Policy if owned by you, caused by a Peril Insured Against. c. The limit of $1,000 is the most we will pay with respect to any one loss, regardless of the number of assessments. d. We do not cover assessments charged against you or a corporation or association of property owners by any governmental body. e. No deductible applies to this coverage. f. Paragraph ©. Policy Period under CONDITIONS does not apply to this coverage. This coverage is additional insurance. . Glass Or Safety Glazing Material a. We cover: (1) The breakage of glass or safety glazing material which is part of a covered building, storm door or storm window; (2) The direct physical loss to covered property caused solely by the pieces, fragments or splinters of broken glass or safety glazing material which is part of a building, storm door or storm window. b. This coverage does not include loss to covered property wnicn resuiis because the glass or safety glazing material has been broken, except as provided in a.(2) above. This coverage does not increase the limit of liability that applies to the damaged property. . Landlord's Furnishings a. We will pay up to $2,500 for your appliances, carpeting and other household furnishings, in each apartment on the “residence premises" regularly rented or held for rental to others by an "insured", for loss caused by a Peril Insured Against. b. This limit is the most we will pay in any one loss regardless of the number of appliances, carpeting or other household furnishings involved in the loss. coverage does not increase ine limit oF liability applying to the damaged property. Includes copyrighted material of Insurance Services Office, Inc., with its permission 8. Ordinance Or Law a. You may use up to 25% of the limit of lability that appiies to Coverage A for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates: (1) The construction, demolition, remodeling, renovation or repair of that part of a building covered under Coverage A damaged by a Peril Insured Aaainst: (2) The demolition and reconstruction of the undamaged part of a building covered under Coverage A, when that building must be totally demolished because of damage by a Peril Insured Against to another part of that covered building; or (3) The — remodeling, = removal — or replacement of the portion of the undamaged part of a building covered under Coverage A necessary to complete the remodeling, repair or replacement of that part of the covered building damaged by a Peril Insured Against. b. You may use all or part of this ordinance or law coverage to pay for the increased costs wnt ineur ty ramnua dahric racultinn fram Cu mou ww remove Georg reouung Hon the construction, demolition, remodeling, renovation, repair, or replacement, of property as stated in a. above. c. We do not cover: (1) The loss in value to any covered building or other structure due to the requirements of any ordinance or law; or The costs to comply with any ordinance or law which requires any "insured" or others, to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants in or on any covered building or other structure. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. This coverage is additional insurance. (3 Page 7 of 199. Grave Markers We will pay up to $5,000 for grave markers, including mausoleums, on or away from the "residence premises" for loss caused by a Peril Insured Against. This coverage does not increase the limits of liability that apply to the damaged covered property. 10. "Fungi", Wet Or Dry Rot, Yeast Or Bacteria a. We will pay up to $10,000 for: (1) The total of all loss payable under PROPERTY COVERAGES caused by "fungi", wet or dry rot, yeast or bacteria; (2) The cost to remove "fungi", wet or dry rot, yeast or bacteria from property covered under PROPERTY COVERAGES; The cost to tear out and replace any part of the building or oiner covered properly as needed to gain access to the "fungi", wet or dry rot, yeast or bacteria; and The cost of testing of air or property to confirm the absence, presence or level of "fungi", wet or dry rot, yeast or bacteria whether performed prior to, during or after removal, repair, restoration or replacement. The cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of "fungi", wet or dry rot, yeast or bacteria. b. The coverage described in a. only applies when such loss or costs are a result of a Peril Insured Against that occurs during the policy period and only if all reasonable means were used to save and preserve the property from further damage at and after the time a Peril Insured Against occurred. c. $10,000 is the most we will pay for the total of all loss or costs payable, including Loss of Use under this Additional Coverage regardless of the: (i) Number of iocations insured; or (2) Number of occurrences or claims made; or (3) Number of “insureds”. (3 (4) Page 8 of 19 Includes copyrighted material of Insurance Services Office, Inc., d. If there is covered loss or damage to covered property, not caused, in whole or in part by hw “fe ai sory bacteria, joss payment will not be limited by the terms of this Additional Coverage, except to the extent that "fungi", wet or dry rot, yeast or bacteria causes an increase in the loss or any Loss of Use. Any such increase in the loss or Loss of Use will be subject to the terms of this Additional Coverage. This coverage does not increase the limit of liability applying to the damaged covered property. PERIL INSURED AGAINST 41. We insure for direct physical loss to the property described in Coverages A, B and C caused only by the peril of windstorm or hail unless the loss is excluded in EXCLUSIONS. 2. With respect to paragraph 1. above, coverage for loss caused by a Peril Insured Against includes loss to: a. Watercraft of all types and their trailers, furnishings, equipment, and outboard engines or motors, only while inside a fully enclosed building. b. The inside of a building or the property we cover contained in a building caused by: (1) Rain; (2) Snow; (3) Sleet; (4) Hail; (5) Sand; or (B\ Duet wy easy, if the direct force of the windstorm or hail first damages the building, causing an opening through which the rain, snow, sleet, hail, sand or dust enters and causes damage. EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. HW 00 02 02 16 with its permission1. Ordinance Or Law Ordinance or Law means any ordinance or law: a. Requiring or regulating the construction, demolition, remodeling, renovation or repair of property, including removal of any resulting debris. This Exclusion 1. does not apply to the amount of coverage that may be provided for in E.8. Ordinance Or Law under PROPERTY COVERAGES; Le enne thin a Inne tn 1 reSun i 4a wS$ i value to property; or ¢. Requiring any "insured" or others to: (1) Test for; (2) Monitor; (3) Clean up; (4) Remove; (5) Contain; (6) Treat; (7) Detoxify; (8) Neutralize; or (9) In any way respond to, or assess the effects of: Pollutants. d. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including: (1) Smoke; (2) Vapor; (3) Soot; (4) Fumes; (5) Acids; (6) Alkalis; (7) Chemicals; and (8) Waste. Waste includes materials to be recycled, reconditioned or reclaimed. This Exclusion 1. applies whether or not the property has been physically damaged. 2. Earth Movement And Settlement Earth Movement and Settlement means: a. Earthquake, including land shock waves or tremors before, during or after a volcanic eruption; b. Landslide, mudslide or mudflow; c. Clay shrinkage or other expansion or contraction of solis or organic materiais; d. Settling, cracking or expansion of foundations; HW 00 02 02 16 Includes copyrighted material of Insurance Services Office, Inc., e. Subsidence, sinkhole, sinkhole loss, sinkhole activity, or catastrophic ground cover collapse; f. Any other earin movement inciuding earth sinking, rising or shifting; or g- Scouring; Whether caused by or resulting from human or animal forces or any act of nature. . Water Damage Water Damage means: a. Flood, Sumace waler, waves, inciuaing taal wave and tsunami, tides, tidal water, storm surge, wave wash, overflow of any body of water, or spray from any of these, all whether or not driven by wind, including storm surge; b. Water which: (1) Backs up or overflows through sewers or drains; (2) Backs up, overflows or is otherwise discharged from a septic system or drain field, or related equipment or similar systems; or (3) Overflows, backs up or is otherwise discharged from: (i) A sump, sump pump, _ irrigation system, or related equipment; or (ii) A roof drain, gutter, down spout, or similar fixtures or equipment; c. Water below the surface of the ground, including water which exerts pressure on or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or d. Waterborne material, sewage or any other substance, carried or otherwise moved by any of the water referred to in 3.a. through 3.c. of this Exclusion. This Exclusion 3. applies regardless of whether any of the above in 3.a. through 3.d. is caused by or results from human or animal forces or any act of nature. This Exclusion 3. applies to, but is not limited to, ESCAPE, OvErOW GT aiScHaTge, ior ay Teason, oT water, waterborne material, sewage, or any other substance, from a dam, levee, seawall, or any other boundary or containment system. . Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure resuits in a loss, from a Peril Insured Against on the "residence premises”, we will pay for the loss. Page 9 of 19 with its permission5. Neglect Neglect means neglect of any "insured" to use all reasonable means to save and preserve property at ‘and after the ‘time ‘of a loss. 6. War War includes the following and any consequence of any of the following: a. Undeclared war, civil war, rebellion or revolution; b. Warlike act by a military force or military personnel; or c. Destruction, seizure or use for a military purpose.