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Filing # 127304371 E-Filed 05/21/2021 02:28:47 PM
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
PACITA JAYE, CASE NO.: 50-2021-CA-005222-XXXX-MB
Petitioner,
v.
CASTLE KEY INDEMNITY COMPANY,
Respondent.
/
AMENDED COMPLAINT
COMES NOW Petitioner, PACITA JAYE, by and through her undersigned counsel, h
ereby files this Amended Complaint against Respondent, CASTLE KEY INDEMNITY
COMPANY, (hereinafter, Respondent) and alleges:
1. This is an action for a declaratory judgment, pursuant to Florida Statutes Chapt
er 86, et. eq., to determine insurance coverage under an insurance policy for losses with a valu
e in excess of $30,000.00 so as to be within the jurisdictional limits of this court, exclusive of
costs and attorney’s fees as well as for breach of contract.
2. At all times material hereto, Petitioner is and was a resident of Palm Beach
Cannty Blarida and atharurica oni inric
CCUM Y, 210TGd anG Cuicrwise sui juris.
3. At all times material hereto, Respondent was and is a Florida insurance compan
y doing and/or transacting business in Palm Beach County, Florida.
4. Atall times material hereto, Respondent was and is authorized by the Florida De
partment of Insurance to issue homeowner’s insurance policies in Palm Beach County, Flo
rida.
5. Atall times material hereto, in consideration of a premium paid by Petitioner, ther
e was in full force and effect a certain insurance policy issued by Respondent bearing Policy
CUCM. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED AEINAINNNA NO.99-47 DNA
PIL. PAL DLA VUUINE TT, PL, JUOL I mDnNueey, ULUIAN, vole eu.) Ue.2uete citnumber 988417876 (hereafter called the "Policy"). A copy of the Policy is attached hereto as
Exhibit “A.”
6. Under the terms of the Policy, Respondent insured Petitioner against certain loss
es to Petitioner’s property located at 701 S. Olive Ave., Apt. 901, West Palm Beach, Florida
33401 (hereafter called the “property”), subject to certain Policy exclusions and conditions.
COUNT I FOR DECLARATORY RELIEF
The Petitioner readopts and re-alleges paragraphs 1 through 6 above as if fully set forth
herein, and further state:
7. On or about February 4, 2021, while the Policy was in full force and effect, the
property sustained a covered loss, to wit: a sudden and accidental discharge of water from the
insured’s plumbing system, causing damage to the insured property (hereafter the “loss”).
8. Respondent investigated the loss and assigned claim number 0615767746.
9 TInon information and helief Resnondent undertank an ablication to adinst alllosses with Petitioners. Specifically, the Policy states:
“We will adjust all losses with
you.”
10. Upon information and belief, the insurance for the building and other structures
portions of the policy, which are to incorporate and include Florida law and statutes, are based
on all-risk coverage, which provides coverage for all occurrences causing loss or damage to
the insured property unless specifically excluded. The provisions of the policy as they pertain
to the inenvad hnildina and canarate ctrnatirac ara dacerihad undar tha cactinn antitled Ruilding
tO Ul IsureG CULGIS Gila SUpulate SUUCIUICS GIe GESUIIOCG UGLT LUO SCCHUIL CIUUCG JULIE,
Property Protection — Coverage A.
11. One of the purposes of the insurance Policy was to indemnify Petitioner for any
direct loss of or damage from any one of number of covered causes of loss, including the loss.12. One of the purposes of the insurance Policy was to pay Petitioner for any direct
loss of or damage from any one of number of covered causes of loss, including the cost to
repair and replace any part of the building consistent with 626.9744, Fla. Stat. (the matching st
atute).
13. One of the purposes of the insurance policy was to pay Petitioner for any
additional living expenses incurred if during a loss or thereafter, the Petitioner needed to stay
elsewhere and/or could not use her home as intended.
14. Upon information and belief, the Policy does not contain an exclusion/limitat
ion for damage to the insured dwelling caused by the sudden and accidental discharge of water
from a plumbing system and/or collapse and/or loss of use.
15. Despite Petitioner notifying Respondent of the loss, providing all requested
information, providing access to the property, request for extension of coverage and/or payme
ni, Respondent has failed, to date, to acknowledge coverage for Petitioner's loss; rather,
Respondent has denied the loss contending that there was repeated leakage and seepage over
an ambiguous period of time.
16. Petitioner believes, however, that this limitation/exclusion is
inapplicable/ambiguous and the loss is a covered event not limited or excluded by the all-risk
Policy. Moreover, Petitioner contends that Respondent has an affirmative obligation under
Florida law and the Policy to adjust and cover the entirety of her loss. In that respect, the
insurance Policy issued to Petitioner incorporates all Florida statutes into the Policy, including
Section 626.877 (adjustment practices); 626.878 (code of ethics); 627.421 (delivery of policy);
627.428 (attorney’s fees) 627.701 (liability of insureds and coinsurance) 627.702 (Florida’s Va
lued Policy law); 626.9744 (matching); 55.03 and 687.01 (interest); and 120.54, which i
ncorporates the ethical requirements set forth in the Florida Administrative Code and its Adiuster’s Code of Ethics, Rule 69B-220.201.
17. The interpretations of the Policy, as interpreted by the Respondent in regard to
the issues herein, is wrong and/or create at least an ambiguity in regard to Policy interpretation
and, as such, the Petitioner is entitled to an interpretation in her favor and in favor of coverage.
Accordingly, Respondent’s actions and inactions has made Petitioner unsure of her rights, obli
gations and duties in regard to the subject Policy and she wishes to be in full compliance with
said Policy and Florida law.
18. The actions/inactions taken by the Respondent, results in a de facto denial of
ianer’s internretatian af the eynrese and im
mers interpretation of the express anc imp:
rms of the subject insurance contract.
19. Consequently, Petitioner seeks a declaration of her rights, obligations and sta
tus, in accordance with the Policy and Florida law, due to Respondent’s incorrect interpretation of the Policy and Florida law, creating the need for a declaration by the Court on the
following issues:
a. Whether the subject policy provides coverage for dam
age caused by a sudden and accidental discharge of water from
the Petitioner’s plumbing system;
b. Whether the Respondent has improperly interpreted any
part of its Policy to support its current positions;
c Whether the Respondent’s improper interpretation of
the Policy constitutes breaches of the Policy;
d. Whether any or all of Petitioners’ loss and damages at
issue in this case are covered under the terms of the
Respondent’s Policy;
e. | Whether the Respondent is precluded from relying on cont
radictory and/or inconsistent bases to deny coverage for Pet
itioners’ loss;
f. Whether the Mend the Hold doctrine, any other legal
principle or statute prevents the Respondent, as a matter of law, from raising any defenses not raised prior to litigation;
g Whether an insurance company waives any and all policy
compliance upon denial of a claim, to include, but not limited to
failing to pay in full for all covered losses as where, as here, an i
nsurer denied coverage which actually exists; “the insurer has
breached the contract and therefore cannot be allowed to rely
upon [improper policy compliance] in order to relieve itself from
liability.” Aristonico Infante v. Preferred Risk Mut. Ins. Co., 36
4 So. 2d 874, 875, (Fla. 3d DCA 1978);
h. Whether the Respondent has a non-delegable duty to
investigate and adjust the loss filed by Petitioners; and,
i. Whether the insurance company is required to follow Flo
20. Pursuant to the Declaratory Judgment Statutes and as a direct and proximate
result of the foregoing conflicting positions of the parties, the Court has the jurisdiction and
power to construe relations that are affected by the construction of a Policy and issue a declara
tory decree; especially wherein Respondent denies coverage for the entire loss and the parties
must have conflicting interpretations of the Policy and Florida law; thereby, resulting in actual
bona-fide controversy between the parties that requires judicial interpretation.
21. Accordingly, the Petitioner has filed this request for declaratory relief seeking the
Court's construction of the contract/Policy, as well as Florida law.
22. Due to the Respondent’s conduct, the Petitioner has been obligated to retai
n undersigned counsel to bring this action and, pursuant to Florida Statute §§ 626.9373,
in this matter to be paid by the Respondent.
23 All conditions precedent to the filing of this action have been complied with, m
et or otherwise waived and/or Respondent’s repudiation of coverage for this covered loss, by
operation of law, relieves Petitioner from any further compliance with any and all conditionsprecedent.
WHEREFORE, the Petitioner, PACITA JAYE, prays this Honorable Court take juri
sdiction of this matter and declare the parties’ rights and duties under the Policy and Florida
law, including but not limited to: i) a decree in Petitioner’s favor on the above issues; ii) an aw
ard of reasonable attorney’s fees and costs; iii) a reservation of jurisdiction to enter such furthe
r orders as may be required to enforce the Court’s declaration of the parties’ rights and to det
ermine any disputes that may arise in adjusting or paying the loss upon a determination of
coverage; and iv) for such other and further relief as this Court deems just, proper and equita
ble.
COUNT Il FOR BREACH OF CONTRACT
The Petitioner readopts and re-alleges paragraphs | through 6 above as if fully set forth
herein, and further states:24. On or about February 4. 2021, while the Policy was in full force and effect, the
property sustained a covered loss, to wit: a sudden and accidental discharge of water from the
insured’s plumbing system, causing damage to the insured property (hereafter the “loss”).
25. Petitioner had a contract of insurance with the Respondent specifically designed
to provide insurance coverage to Petitioner in the event Petitioner suffered, inter alia, a loss
and damages as a result of a sudden and accidental discharge of water from a plumbing system
on the insured premises, causing damage to the insured property, as well as alternative living
expenses.
26. Despite the clear obligation to investigate, adjust, settle and pay the Petitioner
for her loss, the Respondent has denied coverage and refused to pay the Petitioner for any and
all damages covered under the Policy as stated above; therefore, the Respondent is in breach of
the Policy.27. The Respondent’s actions and inactions have breached its contractual obligations
to Petitioner, in multiple ways, including, but not limited to, the Respondent’s failure to: ack
nowledge coverage for all of Petitioner’s covered loss and damages and fully pay the amount
due to the Petitioner, in accordance with the express terms of the subject policy and Florida
law; and interpret it’s policy, as water escaping from Petitioner’s broken plumbing system
triggers the Respondent’s need to, at minimum, accept coverage for Petitioner’s loss.
28. Asa direct and proximate result of the Respondent’s multiple and cont
inuing breaches of its insurance contract and/or failure to comply with its contractual
obligations. P
obligations, F
itioner has been, and continues to be, damaged monetarily in regard to the cove
red loss and damage to the insured premises and likely resulting additional costs for alternative
living expenses.
29. Due to the Respondent’s conduct, Petitioner has been obligated to retain the
undersigned counsel to bring this action, and, pursuant to Fla. Stat. §§ 626.9373, 627.428
and/or others, the Petitioner and/or her undersigned counsel are entitled to an attorney’s fee in
this matter to be paid by the insurance company.
30. All conditions precedent to the filing of this action have been complied with, met
or otherwise waived and/or Respondent’s repudiation of coverage for this covered loss, by
operation of law, relieves Petitioner from any further compliance with any and all conditions
precedent.
WHEREFORE, Petitioner, PACITA JAYE, demands an entry of judgment in his
favor and against the Respondent, for all of her damages as pled herein and under the Policy,
including all consequential damages, attorney’s fees, prejudgment interest, costs, and such oth
er and further relief as the Court deems appropriate.This is an action for damages in excess of $30,000, exclusive of attorneys’ fees, interest
and costs, and plaintiff(s) hereby demand a trial by jury; accordingly, although, to file this
complaint, undersigned counsel is being required by order of the Supreme Court of Florida to
contemporaneously complete a civil cover sheet with a dollar figure as an estimated amount of
claim for data collection and clerical processing purposes only, the full monetary value of the
damages suffered by plaintiff (s) is yet to be determined and will be decided in a verdict by the
jury that judges the facts of this action in compliance with the Constitution of the State of
Florida.CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
filed through the Florida E-Filing Portal and that Portal was used as a means of service upon
counsel of record on this 21‘ day of May 2021.
Respectfully submitted by,
THE FARBER LAW FIRM
2199 Ponce de Leon Blvd. Suite, 301
Coral Gables, FL 33134
Telephone: (305) 774-0134
Facsimile: (305) 774-0135
Primary: dfarber@dfarberlaw.com
Secondary: maria@dfarberiaw.comBy: — /s/ David S. Farber
David S. Farber
FBN: 0370230EXnIpdit AFH Castle Key:
INDEMNITY COMPANY
Information as of November 2, 2020
Phillip Lebrun Policyholder(s) Page 1of 2
1655 Palmbchiksbl403
West Palm Beach FL 33401 Pacita Jaye
Policy number
988 417 876
Your Castle Key agency is
Phillip Lebrun
(561) 688-2533
Apedplanangaf fly logy faqenpencace yf E A feapfecaafppiatayfaatie PLebrun@allstate.com
PACITA JAYE
701S OLIVE AVE APT 901
WEST PALM BCH FL 33401-6504
Welcome to Castle Key!
Thank you for choosing Castle Key* for your Condominium Owners insurance. We look forward to protecting
what's important to you for many years.
Here's your insurance policy
Along with your new Condominium Owners policy, We've included a guide to what's in this package and answers
to some common questions.
How to contact us
Please give your Castle Key Agent a call at (561) 688-2533 if you have any questions.
* Pleace note that while the accets and lial
¢ af the Castle Kav camnanias ara canarata and distinct from other
of the Castle Key comp: are separate an from other
companies within the Allstate group, Allstate Insurance Company provides some customer services for the Castle Key
companies.
Sincerely,
Michael S. Sheely
President, Castle Key Indemnity Company
NP183-1988 417 876
November 3, 2020
Policy number:
Policy effective date:
Your Insurance Coverage Checklist
Page 2 of 2
We're happy to have you as an Castle Key customer! This checklist outlines what's in this package and provides answers to
some basic questions, as well as any “next steps” you may need to take.
0 What's in this package?
See the guide below for the documents that are included.
Next steps: review your Policy Declarations to confirm you
have the coverages, coverage limits, premiums and
savings that you requested and expected. Read any
Endorsements or Important Notices to learn about new
policy changes, topics of special interest, as well as
required communications. Keep all of these documents
with your other important insurance papers.
OO Am! getting all the discounts | should?
Confirm with your Castle Key Agent that you're benefiting
from all the discounts you're eligible to receive.
(1 What about my bill?
Unless you've already paid your premium in full, we'll send
your bill separately. Next steps: please pay the minimum
amount by the due date listed on it.
You can also pay your bill online at allstate.com or by
calling 1-800-856-2518 or (1-800-255-7828). Para
espaiiol, llamar al 1-800-979-4285. If you're enrolled in
the Castle Key Easy Pay Plan, we'll send you a statement
detailing your payment withdrawal schedule.
What if | have questions?
You can either contact your Castle Key Agent or call us
24/7 at 1-800-856-2518 or (1-800-255-7828) - para
espafiol, llamar al 1-800-979-4285 - with questions about
your coverage, or to update your coverages, limits, or
deductibles. Or visit us online at allstate.com.A guide to your welcome package
Policy Policy Policy Important Insurance Made
Declarations* Your policy is Endorsements Notices Simple
The Policy yourinsurance Ifchangesare = Weusethese —_—_ Insurance seem
Declarations contract; it lists made to your notices to call complicated?
lists policy alloftheterms _ policy, these attention to Our online
details, suchas and conditions of documents will _ particularly guides explain
your property your coverage. —_ include your new important coverage terms
details and contract coverages, policy and features:
coverages. language. changes and
discounts.
* To make it easier to see where you may have gaps in your protection, we've highlighted any coverages you do not have in the
Coverage Detail section in the enclosed Policy Declarations.
1100000SK02432085FLOC )0201102233023000183001029C (0226700
085078 069
201102SK02432Condominium Owners Policy Declarations Hy C a stl e Key:
Your policy effective date is November 3, 2020 INDEMNITY COMPANY
Page 1 of 4
Information as of November 2, 2020
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE ci umary
FOR HURRICANE LOSSES, WHICH MAY RESULTIN§ = Soncacucat
HIGH OUT-OF-POCKET EXPENSES TO YOU. Pacita Jaye
Mailing address
7015S Olive Ave Unit 901
LAW AND ORDINANCE: LAW AND ORDINANCE West Palm Beach FL 33401-6504
COVERAGE IS AN IMPORTANT COVERAGE THAT YOU
MAY WISH TO PURCHASE. PLEASE DISCUSS WITH Your policy provided by
YOUR INSURANCE AGENT. Castle Key Indemnity Company
Policy period
Begins on November 3, 2020 at 12:01
A.M. standard time, with no fixed date of
FLOOD INSURANCE: YOU MAY ALSO NEED TO expiration
CONSIDER THE PURCHASE OF FLOOD INSURANCE. Eremium pened
Beginning November 3, 2020 through
YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT November 3, 2021 at 12:01 A.M.
deta tte eater ee eee eee meester ome standard time
INCLUDE COVERAGE FORK DAMAGE RESULTING FROM \0u, castle Key agencyis
FLOOD EVEN IF HURRICANE WINDS AND RAIN palaia bern
1655 Palmbchlksbl403
CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE West Palm Beach Fi 33401
(561) 688-2533
FLOOD INSURANCE COVERAGE, YOU MAY HAVE PLebrun@allstate.com
UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE Some or all of the information on your
DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD frycresicr tn otsertetson
INSURANCE COVERAGE WITH YOUR INSURANCE SEE eee ee eeeee
notify us immediately if you believe
AGENT. that any information on your Policy
Declarations is incorrect. We will make
corrections once you have notified us,
YOUR POLICY PROVIDES COVERAGE FOR A andl any resulting rate adjustments, wil
CATASTROPHIC GROUND COVER COLLAPSE THAT period or for suture policy periods.
RESULTS IN THE PROPERTY BEING CONDEMNED AND fctacctsy coveocec ere ntieeare
UNINHABITABLE, OTHERWISE, YOUR POLICY DOES §=——**2'7 Other Coverages Not Purchased:
« Business Property Protection*
« Electronic Data Recovery*
« Extended Coverage on Cameras*
« Extended Coverage on Jewelry,
Watches and Furs*
« Extended Coverage on Musical
Instruments*
« Extended Coverage on Sports
Equipment*
« Fire Department Charges*
« Identity Theft Expenses*
« Increased Silverware Theft Limit*
* Optional Protection for Mold*
* Sinkhole Activity*
* This coverage can provide you with valuable protection. To help you stay current with
your insurance needs, contact your agent to discuss available coverage options and
other products and services that can help protect you.
** $1,000 is your Other Peril Deductible, which applies to the total of all losses under the coverages indicated above.
***$1,000 (calculated by applying 0% to your Personal Property Protection
limit) is your Deductible for Hurricanes, which applies to the total of all
property losses under the coverages indicated above. Please read your
Hurricane Deductible Endorsement carefully.
Scheduled Personal Property Coverage
Your policy does not include Scheduled Personal Property Coverage. This coverage can provide you with valuable protection. To
help you stay current with your insurance needs, contact your agent to discuss available coverage options and other products and
services that can help protect you.
Your policy documents
Your Condominium Owners policy consists of the Policy Declarations and the following documents. Please keep them together.
* Condominium Owners Policy - AVP535 « Florida Hurricane Deductible Endorsement - AP4490
* Water Back Up Endorsement - AVP564 « Amendatory Endorsement - AP4963
ES
FLO78NBD 01/20Condominium Owners Policy Declarations Page 4 of 4
Policy number: 988 417 876
Policy effective date: November 3, 2020
Important payment and coverage information
Here is some additional, helpful information related to your coverage and paying your bill:
> A$10.00 late fee may be assessed if payment is received after the due date.
> The Property Insurance Adjustment condition applies using the Marshall Swift Boeckh publications personal property cost
estimating index.
at a ranuact ine naumant Anu adinetmante tr vauy nee:
PorieaSe NOS. mS 1S NOL | PEGueSe ror paymenk. nhy aqyuSunems w your prer
bill which will be mailed separately.
Will ha vaflartad an vase navt echadulad
Win Oc Peuccica On your Heat scmeauica,
> If you decide to pay your premium in installments, there will be a $3.00 installment fee charge for each payment due. If you
make 12 installment payments during the policy period, and do not change your payment plan method, then the total
amount of installment fees during the policy period will be $36.00.
If you are on the Castle Key Easy Pay Plan, there will be a $1.50 installment fee charge for each payment due. If you make 12
installment payments during the policy period, and remain on the Castle Key Easy Pay Plan, then the total amount of
installment fees during the policy neriod will be $18.00.
If you change payment plan methods or make additional payments, your installment fee charge for each payment due and
the total amount of installment fees during the policy period may change or even increase.
Please note that the Castle Key Easy Pay Plan allows you to have your insurance payments automatically deducted from
your checking or savings account.
> If You Have a Question About Your Insurance...
If you wish to present an inquiry or obtain information about coverage, or if you need assistance in resolving a complaint,please call (S61) 688-2533.
Michael S. Sheely Susan L. Lees
President Secretary
IN WITNESS WHEREOF, Castle Key Indemnity Company has caused this policy to be signed by two of its officers at Northbrook,
Illinois, and if required by state law, this policy shall not be binding unless countersigned on the Policy Declarations by an
authorized agent of Castle Key Indemnity Company.
Policy countersigned by Phillip Lebrun
085078 069
201102SK02432
FLO78NBD 01/20
1100000SK02432085FL0C )020110223302300018300302% }0226700Page 1 of 26 fi Castle Key:
INDEMNITY COMPANY
CASTLE KEY INDEMNITY COMPANY
Condominium Owners
Policy
FLORIDA AVP535
Policy number Policy effective
988 417 876 November 3, 2020
Policyholders Your Castle Key agency is
Pacita Jaye Phillip Lebrun
7015S Olive Ave Unit 901 1655 Palmbchlksbl403
West Palm Beach FL West Palm Beach FL 33401
33401-6504
. ee
Castle Key Indemnity Company
A Stock Company---Home Office: St. Petersburg, Florida 33716Condominium Owners Polic}
Policy number: 988 417 876
Policy effective date: November 3, 2020
Page 2 of 26
Table of Contents
Agreements We Make With You.... Permission Granted To You
General Our Rights To Recover Payment...
Definitions Used In This Policy. Our Rights To Obtain Salvage.
Insuring Agreement Action Against Us.
Conformity To State Statutes. Loss To A Pair Or Set
Coverage Changes. Glass Replacement.
Policy Transfer.
Continued Coverage After Your Death ...
Renewal.
Cancellation.
Misrepresentation, Fraud Or Concealment......
What Law Will Apply.
Where Lawsuits May Be Brought...
Arbitration.
Notice
Communications.
Section |—Your Property.
Building Property Protection-Coverage A.
Property We Cover Under Coverage A.......
Property We Do Not Cover Under Coverage A.
Losses We Cover Under Coverage A...
Pawel Meme nedes Manknattan F
iio Benefit To Batiee
Other Insurance.
Property Insurance Adjustment...
Mortgagee.
Mold, Fungus, Wet Rot And Dry Rot Remediation As A Direct Result Of A
Covered Loss 18
Neutral Evaluation For Resolution Of Sinkhole Activity Losses.
Section II—Family Liability And Guest Medical Protection ..
Family Liability Protection-Coverage X.........
Losses We Cover Under Coverage X..
Losses We Do Not Cover Under Coverage
Guest Medical Protection-Coverage Y...
Losses We Cover Under Coverage Y
Losses We Do Not Cover Under Coverage
Section II Additional Protection....
Claim EvnancacSee ee
Property We Cover Under Coverage C.....
Limitations On Certain Personal Propert
Property We Do Not Cover Under Coverage C.
Losses We Cover Under Coverage C...
Losses We Do Not Cover Under Coverages A And C.
Section I Additional Protection......
Additional Living Expense
Ci, Governmental Ana Mamitary Author
Debris Removal
Emergency Removal Of Property.....
Fire Department Charges.
Reasonable Emergency Measures.......
Power Interruption
Arson Reward
Collapse.
R
a Cadac
eure
Lock Replacement.
Section | Conditions.
Deductible.
Insurable Interest And Our Liability.
What You Must Do After A Loss...
Our Settlement Options.
How We Pay For A Loss
DE t ane
Ur 4685,
Dave Co
Oui Seu
Appraisal.
Abandoned Property.
ee
Emergency First Aid. 2
Damage To Property Of Others. 2
Section II Conditions
What You Must Do After A Loss
What An Injured Person Must Do—Guest Medical Protection-Coverage
Our Payment Of Loss—Guest Medical Protection-Coverage Y.
Our Limits Of Liability.
Ly
Our Rights To Recover Payment—Family Liability
Protection-Coverage
Action Against Us.
Other Insurance—Family Liability Protection-Coverage X.
Section II!—Optional Protection...
Optional Coverages. 23
Increased Coverage On Business Property-Coverage BP.
Fire Department Charges-Coverage
Loss Assessments-Coverage G.....
Extended Coverage On Jewelry, Watches And Furs-Coverage J.
Increased Coverage On Theft Of Silverware-Coverage ST...
Sinkhole Activity Coverage.
11000005K02432085FL0C 1020110223302300018300402% }0226700
085078 069
2011028K02432Condominium Owners Polic}
Policy number: 988 417 876
Policy effective date:
November 3, 2020
Agreements We Make With You
We make the following agreements with you:
General
Definitions Used In This Policy
Throughout this policy, when the following words appear in bold type, they
are defined as follows:
1
Association—means the management body of the co-op or
condominium. Associations only include:
a) those consisting of you and all other condominium unit owners
collectively as members; or
b) _ the legal entity that is responsible for the operation and ownership
of the co-op.
Bodily injury—means physical harm to the body, including sickness or
disease, and resulting death, or any resulting symptom, effect, condition,
disease or illness. Bodily injury does not include any of the following
which are communicable: disease, bacteria, parasite, virus or other
organism, any of which are transmitted by any insured person to any
other person. It also does not include the exposure to any such disease,
bacteria, parasite, virus or other organism by any insured person to any
other person.
a) lead in any form;
b) asbestos in any form;
) radon in any form; or
d) oil, fuel oil, kerosene, liquid propane or gasoline intended for, or
from, a storage tank located at the residence premises.
Under Guest Medical Protection-Coverage Y, bodily injury means
physical harm to the body, including sickness or disease. Bodily injury
does not include any of the following which are communicable: disease,
bacteria, parasite, virus or other organism, any of which are transmitted
by any insured person to any other person. It also does not include the
exposure to any such disease, bacteria, parasite, virus or other organism
by any insured person to any other person.
Building property—means items of real property owned exclusively by
an insured person that:
a) do or will comprise a part of the residence premises;
b) are used to service or support the residence premises; or
©) _ are your insurance responsibility as expressed under the governing
rules of the association.
Real property includes only those fixtures, structures, construction
material and supplies, installations or additions located either within that
portion of the premises used as the residence premises or on the
association premises that benefits an insured person and fewer than
we Daal neanarhy alen includac ctructirae aumad enlaly hur
macs Suuciuies onnica surely uy
#5. Rear property nso
you, other than the residence premises, at the location of the
residence premises.
Page 3 of 26 fi Castle Key:
INDEMNITY COMPANY
Business—means:
a) any full- or part-time activity of any kind engaged in for economic
gain and the use of any part of any premises for such purposes. The
providing of home day care services to other than an insured
person or relative of an insured person for economic gain is also a
business.
However, the mutual exchange of home day care services is not
considered a business.
b) the rental or holding for rental of property by an insured person.
Rental of your residence premises is not considered a business
when:
1) _ itis rented occasionally for residential purposes;
2) aportion is rented to roomers or boarders, provided not more
than two roomers or boarders reside on the residence
premises at any one time; or
3) a portion is rented as a private garage.
Catastrophic ground cover collapse—means geological activity that
results in all the following:
a) _ the abrupt collapse of the ground cover;
b) a depression in the ground cover clearly visible to the naked eye;
© _ structural damage to a building structure, or the dwelling
foundation, in which the residence premises is located; and
d) _ that building structure being condemned and ordered to be
vacated by the governmental agency authorized by law to issue
such an order for that building structure.
Catastrophic ground cover collapse does not include damage consisting
merely of settling or cracking of a foundation or building structure.
Condominium—means the development governed by the association
of all unit owners of which you are a member and in which the
residence premises is located.
Co-op—means the development:
a) owned and governed by the association of which you have an
ownership interest; and
b) _ inwhich the residence premises is located and has been leased to
you.
Insured person(s)—means you and, if a resident of your household:
a) anyrelative; and
No Bee cee AN te wane wae
by ily person uituer Wie age OF 21 in your Care,
Under Building Property Protection-Coverage A, insured person also
means the Association.
In Section II, under Family Liability Protection-Coverage X and
Guest Medical Protection-Coverage Y only, “insured person” also
means:
a) _ any person or organization legally responsible for loss caused by
animale or watercraft ervarad hu thie naliev which ara qwnad hy an
2 Cyered OY tats pon an
insured person. We do not cover any person or organization usingCondominium Owners Polic}
Policy number: 988 417 876
Policy effective date: November 3, 2020
or having custody of animals or watercraft in any business, or
without permission of the owner.
b) with respect to the use of any vehicle covered by this policy, any
person while engaged in the employment of an insured person.
9, Insured premises—means:
a) the residence premises; and
b) under Section II—Family Liability And Guest Medical
Protection onlv:
1) _ the part of any other premises, other structures and grounds
used by you as a residence. This includes premises, structures
and grounds you acquire for your use as a private residence
while this policy is in effect;
2) any part of a premises not owned by an insured person but
where an insured person is temporarily living;
3) cemetery plots or burial vaults owned by an insured person;
4) vacant land, other than farmland, owned by or rented to an
insured person;
5) land owned by or rented to an insured person where a one-,
‘two-, three-, or four-family dwelling is being built as that
person's residence;
6) _ any premises used by an insured person in connection with
the residence premises; and
7) _ any part of a premises occasionally rented to an insured
person for other than business purposes.
16.
19.
Page 4 of 26
maintenance or use of the residence premises, regardless of whether
you pay the employee directly for services performed.
Residence premises—means that premises described on the Policy
Declarations used as a private residence and reserved exclusively for
your use or occupancy.
Shared property—means property owned by:
a) all condominium unit owners collectively; or
b) all shareholders of the co-op association collectively.
Sinkhole activity—means settlement or systematic weakening of the
earth supporting the covered residence premises that you reside in as
your primary residence, but only if the settlement or systematic
weakening results from contemporaneous movement or raveling of soils,
sediments, or rock materials into subterranean voids created by the
effect of water on a limestone or similar rock formation.
‘We do il0t Cover catastropnic grouina cover couapse inaer Sinknole
Activity Coverage.
Sinkhole loss—means structural damage to the building structure, or
‘the dwelling foundation, in which the residence premises is located and
which is your insurance responsibility as expressed under the governing
rules of the association, that we cover under Building Property
Protection-Coverage A, caused by sinkhole activity. Coverage for
personal property covered under Personal Property Protection-Oceurrence—means an accident, including continuous or repeated
exposure to substantially the same general harmful conditions during the
policy period, resulting in bodily injury or property damage.
Primary structural member—means a structural element designed to
provide support and stability for the vertical or lateral loads of the
overall structure.
Primary structural svstem—means an assemblage of primary
structural members.
Property damage—means physical injury to or destruction of tangible
property, including loss of its use resulting from such physical injury or
destruction.
Rebate—means a remuneration, payment, gift, discount, or transfer of
any item of value to you by or on behalf of a person performing repairs
as an incentive or inducement to obtain repairs performed by that
person.
Residence employee—means an employee of an insured person while
performing duties arising out of and in the course of employment in
connection with the maintenance or use of your residence premises.
This includes similar duties performed elsewhere for an insured person,
not in connection with the business of an insured person.
However, residence employee does not mean the employee of the
association whose duties include services in connection with the
Coverage C and additional living expenses will apply only if there is
structural damage to the building structure, or the dwelling foundation,
in which the residence premises is located and which is your insurance
responsibility as expressed under the governing rules of the association,
that we cover under Building Property Protection-Coverage A,
caused by sinkhole activity.
). Structural damage—means the building structure, or the dwelling
foundation, in which the residence premises is located and which is
your insurance responsibility as expressed under the governing rules of
the association, that we cover under Building Property Protection-
Coverage A, regardless of the date of its construction, has experienced
the following:
a) _ interior floor displacement or deflection in excess of acceptable
variances as defined within ACI 117-90 or the Florida Building Code,
which results in settlement related damage to the interior such that
the interior building structure or members become unfit for service
or represents a safety hazard as defined within the Florida Building
Code;
b) foundation displacement or deflection in excess of acceptable
variances as defined in ACI 318-95 or the Florida Building Code,
which results in settlement related damage to the primary
structural members or primary structural system(s) that
prevents those members or systems from supporting the loads and
forces they were designed to support to the extent that stresses in
those primary structural members or primary structural
system(s) exceeds one and one-third the nominal strength
1100000SK02432085FLOC 10201102233023000183005029 10226700
085078 069
2011028K02432Condominium Owners Polic}
Policy number: 988 417 876
Policy effective date: November 3, 2020
allowed under the Florida Building Code for new buildings of
similar structure, purpose, or location;
c) damage that results in listing, leaning, or buckling of the exterior
load bearing walls or other vertical primary structural members
to such an extent that a plumb line passing through the center of
gravity does not fall inside the middle one-third of the base as
defined in the Florida Building Code;
d) damage that results in the building, or any portion of the building
containing primary structural members or primary structural
system(s), being significantly likely to imminently collapse
because of the movement or instability of the ground within the
influence zone of the supporting ground within the sheer plane
necessary for the purpose of supporting such building as defined in
the Florida Building Code; or
e) damage occurring on or after October 15, 2005, that qualifies as
“substantial structural damage” as defined in the Florida Building
ode.
21. We, us, or our—means the company named on the Policy Declarations.
22. Windstorm—means wind with or without precipitation.
23. You or your—means the person listed under Named Insured(s) on the
Policy Declarations as the insured and that person's resident spouse.
Insuri ing Agreement
US, we agree to proviae ore
coverages indicated on the Policy Declarations. In return, you must pay the
premium when due and comply with the policy terms and conditions, and
inform us of any change in title, use or occupancy of the residence premises.
Subject to the terms of this policy, the Policy Declarations shows the location
of the residence premises, applicable coverages, limits of liability and
premiums. The policy applies only to losses or occurrences that take place
during the policy period. The Policy Period is shown on the Policy
Deciarations. This policy isnot complete without the Policy Declarations.
This policy imposes joint obligations on the Named Insured(s) listed on the
Policy Declarations and on that person's resident spouse. These persons are
defined as you or your. This means that the responsibilities, acts and
omissions of a person defined as you or your will be binding upon any other
person defined as you or your.
This policy imposes joint obligations on persons. defi ined asan Insured
person, This imeais tat tie fesporisiomuies, acts aivu tainures 0 act OF a
person defined as an insured person will be binding upon another person
defined as an insured person.
Conformity To State Statutes
When the policy provisions conflict with the statutes of the state in which the
residence premises is located, the provisions are amended to conform to
such statutes.
Page 5 of 26 fi Castle Key:
INDEMNITY COMPANY
Coverage Changes
When we broaden coverage during the policy period without charge, you
have the new features if you have the coverage to which they apply.
Otherwise, the policy can be changed only by endorsement.
‘The coverage provided and the premium for the policy are based on
information you have given us. You agree to cooperate with us in
determining if this information is correct and complete. If this information
changes asa result of a change made by vou. we mav adiust vour coverage
and premium accordingly.
Any calculation of your premium or changes in your coverage will be made
using the rules, rates and forms on file, if required, for our use in your state.
The rates in effect at the beginning of your current policy period will be used
to calculate any change in your premium.
Policy Transfer
You may not transfer this policy to another person without our
written consent.
Continued Coverage After Your Death
If you die, coverage will continue until the end of the current policy period for:
1. your legal representative while acting as such, but only with respect to
the residence premises and property covered under this policy on the
date of your death.
2. _ aninsured person, and any person having proper temporary custody of
your property until a legal representative is appointed and qualified.
Renewal
If we intend to renew your policy, we will mail you an offer to renew your
policy at least 45 days before the end of the policy period.
Cancellation
Your Right to Cancel:
You may cancel this policy by notifying us of the future date you wish to stop
coverage.
‘Our Right to Cancel:
We may cancel this policy by mailing notice to you at the mailing address
shown on the Policy Declarations or by delivering notice to you electronically
or in some other manner. When this policy has been in effect for 90 days or
less, and it is not a renewal with us, we may cancel this policy for any reason.
If the cancellation is for non-payment of premium, we will give you at least
10 days’ notice. If the cancellation is for any other reason, we will give you at
least 20 days’ notice.
When this policy has been in effect for 90 days or less, we may cancel for any
reason, except we may not cancel:
1. onthe basis of property insurance claims that are the result of an Act of
God, unless we can demonstrate, by claims frequency or otherwise, that
you have failed to take action reasonably necessary as requested by us
to prevent recurrences of damage to the insured property.
beCondominium Owners Polic}
Policy number: 988 417 876
Policy effective date: November 3, 2020
2. onthe basis of a single claim on a property insurance policy which is the
result of water damage unless we can demonstrate you have failed to
take action reasonably requested by us to prevent a future similar
occurrence of damage to the insured property.
We will not cancel this policy based on the lawful use, possession, or
ownership of a firearm or ammunition by an insured person or a household
member of an insured person.
When this policy has been in effect for more than 90 days, or if it is a renewal
with us, we may cancel this policy for one or more of the following reasons:
1. non-payment of premium;
a substantial change in the risk covered by the policy;
material misstatement; or
failure to comply, within 90 days after the date of effectuation of
coverage, with underwriting requirements established by us before the
date of effectuation of coverage.
ReY
‘When this policy has been in effect for more than 90 days, or if it is a renewal
with us, we will not cancel this policy based on credit information available in
public records.
We will not cancel this policy based on the lawful use, possession, or
ownership of a firearm or ammunition by an insured person or a household
member of an insured person.
If the cancellation is for non-payment of premium, we will give you at least
Page 6 of 26
2. onthe basis of filing of claims for sinkhole loss, unless:
a) _ the total of such claim payments equals or exceeds the limit of
liability for property damage to the building structure we cover
under Building Property Protection-Coverage A in effect on the
date of the loss; or
b) you failed to repair the building structure we cover under Building
Property Protection-Coverage A in accordance with the
engineering recommendations upon which claim payment was
based.
3. onthe basis of a single claim on a property insurance policy which is the
result of water damage unless we can demonstrate you have failed to
take action reasonably requested by us to prevent a future similar
occurrence of damage to the insured property.
4. — onthe basis of the lawful use, possession, or ownership of a firearm or
ammunition by an insured person or a household member of an insured
person.
5. oii thé basis OF Crédit information avanabie in puoNc recoras,
Misrepresentation, Fraud Or Concealment
This policy is void if it was obtained by misrepresentation, fraud or
concealment of material facts. If it is determined that this policy is void, all
premiums paid will be returned to you since there has been no coverage
under this policy.
‘We do not cover any loss or occurrence in which any insured person has
canraalad ar micranracantad anu matarial fart ar cirrumctanra10 days’ notice. If the cancellation is for any other reason, we will give you at
least 120 days’ notice.
If the cancellation is for non-payment of premium by your mortgage lender
and the premium payment made is not more than 90 days overdue, we shall
reinstate the insurance policy, retroactive to the date of cancellation.
Our mailing the notice of cancellation to you, or by delivering notice to you
electronically or in some other manner, will be deemed proof of notice.
Coverage under this policy will terminate on the effective date and time stated
on the cancellation notice. Your return premium, if any, will be calculated on a
pro rata basis and refunded at the time of cancellation or within 15 working
days after the effective date of cancellation. Any unearned premium amounts
under $5.00 will be refunded only upon your request. However, refund of
unearned premium is not a condition of cancellation.
Our Right Not to Renew or Continue:
We have the right not to renew or continue this policy beyond the current
policy period. If we do not intend to continue or renew the policy, we will give
you at least 120 days’ notice. Our mailing the notice of non-renewal to you, or
delivering notice to you electronically or in some other manner, will be
deemed proof of notice.
We may non-renew or discontinue this policy for any reason, except:
1. _ onthe basis of property insurance claims that are the result of an Act of
God, unless we can demonstrate, by claims frequency or otherwise, that
to prevent recurrences of damage to the insured property.
Lert
If this policy has been in effect for more than 90 days, or if it is a renewal with
us, a claim filed by an insured person will not be denied based on credit
information available in public records.
What Law Will Apply
This policy is issued in accordance with the laws of Florida and covers
property or risks principally located in Florida. Subject to the following
paragraph, the laws of Florida shall govern any and all claims or disputes in
any way related to this policy.
Ifa covered loss to property, or any other occurrence for which coverage
applies under this policy happens outside Florida, claims or disputes regarding
that covered loss to property, or any other covered occurrence may be
governed by the laws of the jurisdiction in which that covered loss to
property, or other covered occurrence happened, only if the laws of that
jurisdiction would apply in the absence of a contractual choice of law
L a= aL
Where Lawsuits May Be Brought
Subject to the following two paragraphs, any and all lawsuits in any way
related to this policy, shall be brought, heard and decided only in a state or
federal court located in Florida. Any and all lawsuits against persons not
parties to this policy but involved in the sale, administration, performance, or
alleged breach of this policy, or otherwise related to this policy, shall be
brought, heard and decided only in a state or federal court located in Florida,
provided that such persons are subject to or consent to suit in the courts
specified in this paragraph.
11000005K02432085FLOC 1020110223302300018300602% 10226700
085078 069
2011028K02432Condominium Owners Polic}
Policy number: 988 417 876
Policy effective date: November 3, 2020
Ifa covered loss to property, or any other occurrence for which coverage
applies under this policy happens outside Florida, lawsuits regarding that
covered loss to property, or any other covered occurrence may also be
brought in the appropriate court where that covered loss to property, or any
other covered occurrence happened.
Nothing in this provision, Where Lawsuits May Be Brought, shall impair any
party's right to remove a state court lawsuit to a federal court.
Arbitration
Any claim or dispute in any way related to this policy, by an insured person
against us or us against an insured person, may be resolved by arbitration
only upon mutual consent of the parties. Arbitration pursuant to this provision
shall be subject to the following:
1. no arbitrator shall have the authority to award punitive damages or
attorney's fees;
2. neither of the parties shall be entitled to arbitrate any claims or disputes
ina representative c
Preview
Filing # 127304371 E-Filed 05/21/2021 02:28:47 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA PACITA JAYE, CASE NO.: 50-2021-CA-005222-XXXX-MB Petitioner, v. CASTLE KEY INDEMNITY COMPANY, Respondent. / AMENDED COMPLAINT COMES NOW Petitioner, PACITA JAYE, by and through her undersigned counsel, h ereby files this Amended Complaint against Respondent, CASTLE KEY INDEMNITY COMPANY, (hereinafter, Respondent) and alleges: 1. This is an action for a declaratory judgment, pursuant to Florida Statutes Chapt er 86, et. eq., to determine insurance coverage under an insurance policy for losses with a valu e in excess of $30,000.00 so as to be within the jurisdictional limits of this court, exclusive of costs and attorney’s fees as well as for breach of contract. 2. At all times material hereto, Petitioner is and was a resident of Palm Beach Cannty Blarida and atharurica oni inric CCUM Y, 210TGd anG Cuicrwise sui juris. 3. At all times material hereto, Respondent was and is a Florida insurance compan y doing and/or transacting business in Palm Beach County, Florida. 4. Atall times material hereto, Respondent was and is authorized by the Florida De partment of Insurance to issue homeowner’s insurance policies in Palm Beach County, Flo rida. 5. Atall times material hereto, in consideration of a premium paid by Petitioner, ther e was in full force and effect a certain insurance policy issued by Respondent bearing Policy CUCM. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED AEINAINNNA NO.99-47 DNA PIL. PAL DLA VUUINE TT, PL, JUOL I mDnNueey, ULUIAN, vole eu.) Ue.2uete citnumber 988417876 (hereafter called the "Policy"). A copy of the Policy is attached hereto as Exhibit “A.” 6. Under the terms of the Policy, Respondent insured Petitioner against certain loss es to Petitioner’s property located at 701 S. Olive Ave., Apt. 901, West Palm Beach, Florida 33401 (hereafter called the “property”), subject to certain Policy exclusions and conditions. COUNT I FOR DECLARATORY RELIEF The Petitioner readopts and re-alleges paragraphs 1 through 6 above as if fully set forth herein, and further state: 7. On or about February 4, 2021, while the Policy was in full force and effect, the property sustained a covered loss, to wit: a sudden and accidental discharge of water from the insured’s plumbing system, causing damage to the insured property (hereafter the “loss”). 8. Respondent investigated the loss and assigned claim number 0615767746. 9 TInon information and helief Resnondent undertank an ablication to adinst alllosses with Petitioners. Specifically, the Policy states: “We will adjust all losses with you.” 10. Upon information and belief, the insurance for the building and other structures portions of the policy, which are to incorporate and include Florida law and statutes, are based on all-risk coverage, which provides coverage for all occurrences causing loss or damage to the insured property unless specifically excluded. The provisions of the policy as they pertain to the inenvad hnildina and canarate ctrnatirac ara dacerihad undar tha cactinn antitled Ruilding tO Ul IsureG CULGIS Gila SUpulate SUUCIUICS GIe GESUIIOCG UGLT LUO SCCHUIL CIUUCG JULIE, Property Protection — Coverage A. 11. One of the purposes of the insurance Policy was to indemnify Petitioner for any direct loss of or damage from any one of number of covered causes of loss, including the loss.12. One of the purposes of the insurance Policy was to pay Petitioner for any direct loss of or damage from any one of number of covered causes of loss, including the cost to repair and replace any part of the building consistent with 626.9744, Fla. Stat. (the matching st atute). 13. One of the purposes of the insurance policy was to pay Petitioner for any additional living expenses incurred if during a loss or thereafter, the Petitioner needed to stay elsewhere and/or could not use her home as intended. 14. Upon information and belief, the Policy does not contain an exclusion/limitat ion for damage to the insured dwelling caused by the sudden and accidental discharge of water from a plumbing system and/or collapse and/or loss of use. 15. Despite Petitioner notifying Respondent of the loss, providing all requested information, providing access to the property, request for extension of coverage and/or payme ni, Respondent has failed, to date, to acknowledge coverage for Petitioner's loss; rather, Respondent has denied the loss contending that there was repeated leakage and seepage over an ambiguous period of time. 16. Petitioner believes, however, that this limitation/exclusion is inapplicable/ambiguous and the loss is a covered event not limited or excluded by the all-risk Policy. Moreover, Petitioner contends that Respondent has an affirmative obligation under Florida law and the Policy to adjust and cover the entirety of her loss. In that respect, the insurance Policy issued to Petitioner incorporates all Florida statutes into the Policy, including Section 626.877 (adjustment practices); 626.878 (code of ethics); 627.421 (delivery of policy); 627.428 (attorney’s fees) 627.701 (liability of insureds and coinsurance) 627.702 (Florida’s Va lued Policy law); 626.9744 (matching); 55.03 and 687.01 (interest); and 120.54, which i ncorporates the ethical requirements set forth in the Florida Administrative Code and its Adiuster’s Code of Ethics, Rule 69B-220.201. 17. The interpretations of the Policy, as interpreted by the Respondent in regard to the issues herein, is wrong and/or create at least an ambiguity in regard to Policy interpretation and, as such, the Petitioner is entitled to an interpretation in her favor and in favor of coverage. Accordingly, Respondent’s actions and inactions has made Petitioner unsure of her rights, obli gations and duties in regard to the subject Policy and she wishes to be in full compliance with said Policy and Florida law. 18. The actions/inactions taken by the Respondent, results in a de facto denial of ianer’s internretatian af the eynrese and im mers interpretation of the express anc imp: rms of the subject insurance contract. 19. Consequently, Petitioner seeks a declaration of her rights, obligations and sta tus, in accordance with the Policy and Florida law, due to Respondent’s incorrect interpretation of the Policy and Florida law, creating the need for a declaration by the Court on the following issues: a. Whether the subject policy provides coverage for dam age caused by a sudden and accidental discharge of water from the Petitioner’s plumbing system; b. Whether the Respondent has improperly interpreted any part of its Policy to support its current positions; c Whether the Respondent’s improper interpretation of the Policy constitutes breaches of the Policy; d. Whether any or all of Petitioners’ loss and damages at issue in this case are covered under the terms of the Respondent’s Policy; e. | Whether the Respondent is precluded from relying on cont radictory and/or inconsistent bases to deny coverage for Pet itioners’ loss; f. Whether the Mend the Hold doctrine, any other legal principle or statute prevents the Respondent, as a matter of law, from raising any defenses not raised prior to litigation; g Whether an insurance company waives any and all policy compliance upon denial of a claim, to include, but not limited to failing to pay in full for all covered losses as where, as here, an i nsurer denied coverage which actually exists; “the insurer has breached the contract and therefore cannot be allowed to rely upon [improper policy compliance] in order to relieve itself from liability.” Aristonico Infante v. Preferred Risk Mut. Ins. Co., 36 4 So. 2d 874, 875, (Fla. 3d DCA 1978); h. Whether the Respondent has a non-delegable duty to investigate and adjust the loss filed by Petitioners; and, i. Whether the insurance company is required to follow Flo 20. Pursuant to the Declaratory Judgment Statutes and as a direct and proximate result of the foregoing conflicting positions of the parties, the Court has the jurisdiction and power to construe relations that are affected by the construction of a Policy and issue a declara tory decree; especially wherein Respondent denies coverage for the entire loss and the parties must have conflicting interpretations of the Policy and Florida law; thereby, resulting in actual bona-fide controversy between the parties that requires judicial interpretation. 21. Accordingly, the Petitioner has filed this request for declaratory relief seeking the Court's construction of the contract/Policy, as well as Florida law. 22. Due to the Respondent’s conduct, the Petitioner has been obligated to retai n undersigned counsel to bring this action and, pursuant to Florida Statute §§ 626.9373, in this matter to be paid by the Respondent. 23 All conditions precedent to the filing of this action have been complied with, m et or otherwise waived and/or Respondent’s repudiation of coverage for this covered loss, by operation of law, relieves Petitioner from any further compliance with any and all conditionsprecedent. WHEREFORE, the Petitioner, PACITA JAYE, prays this Honorable Court take juri sdiction of this matter and declare the parties’ rights and duties under the Policy and Florida law, including but not limited to: i) a decree in Petitioner’s favor on the above issues; ii) an aw ard of reasonable attorney’s fees and costs; iii) a reservation of jurisdiction to enter such furthe r orders as may be required to enforce the Court’s declaration of the parties’ rights and to det ermine any disputes that may arise in adjusting or paying the loss upon a determination of coverage; and iv) for such other and further relief as this Court deems just, proper and equita ble. COUNT Il FOR BREACH OF CONTRACT The Petitioner readopts and re-alleges paragraphs | through 6 above as if fully set forth herein, and further states:24. On or about February 4. 2021, while the Policy was in full force and effect, the property sustained a covered loss, to wit: a sudden and accidental discharge of water from the insured’s plumbing system, causing damage to the insured property (hereafter the “loss”). 25. Petitioner had a contract of insurance with the Respondent specifically designed to provide insurance coverage to Petitioner in the event Petitioner suffered, inter alia, a loss and damages as a result of a sudden and accidental discharge of water from a plumbing system on the insured premises, causing damage to the insured property, as well as alternative living expenses. 26. Despite the clear obligation to investigate, adjust, settle and pay the Petitioner for her loss, the Respondent has denied coverage and refused to pay the Petitioner for any and all damages covered under the Policy as stated above; therefore, the Respondent is in breach of the Policy.27. The Respondent’s actions and inactions have breached its contractual obligations to Petitioner, in multiple ways, including, but not limited to, the Respondent’s failure to: ack nowledge coverage for all of Petitioner’s covered loss and damages and fully pay the amount due to the Petitioner, in accordance with the express terms of the subject policy and Florida law; and interpret it’s policy, as water escaping from Petitioner’s broken plumbing system triggers the Respondent’s need to, at minimum, accept coverage for Petitioner’s loss. 28. Asa direct and proximate result of the Respondent’s multiple and cont inuing breaches of its insurance contract and/or failure to comply with its contractual obligations. P obligations, F itioner has been, and continues to be, damaged monetarily in regard to the cove red loss and damage to the insured premises and likely resulting additional costs for alternative living expenses. 29. Due to the Respondent’s conduct, Petitioner has been obligated to retain the undersigned counsel to bring this action, and, pursuant to Fla. Stat. §§ 626.9373, 627.428 and/or others, the Petitioner and/or her undersigned counsel are entitled to an attorney’s fee in this matter to be paid by the insurance company. 30. All conditions precedent to the filing of this action have been complied with, met or otherwise waived and/or Respondent’s repudiation of coverage for this covered loss, by operation of law, relieves Petitioner from any further compliance with any and all conditions precedent. WHEREFORE, Petitioner, PACITA JAYE, demands an entry of judgment in his favor and against the Respondent, for all of her damages as pled herein and under the Policy, including all consequential damages, attorney’s fees, prejudgment interest, costs, and such oth er and further relief as the Court deems appropriate.This is an action for damages in excess of $30,000, exclusive of attorneys’ fees, interest and costs, and plaintiff(s) hereby demand a trial by jury; accordingly, although, to file this complaint, undersigned counsel is being required by order of the Supreme Court of Florida to contemporaneously complete a civil cover sheet with a dollar figure as an estimated amount of claim for data collection and clerical processing purposes only, the full monetary value of the damages suffered by plaintiff (s) is yet to be determined and will be decided in a verdict by the jury that judges the facts of this action in compliance with the Constitution of the State of Florida.CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed through the Florida E-Filing Portal and that Portal was used as a means of service upon counsel of record on this 21‘ day of May 2021. Respectfully submitted by, THE FARBER LAW FIRM 2199 Ponce de Leon Blvd. Suite, 301 Coral Gables, FL 33134 Telephone: (305) 774-0134 Facsimile: (305) 774-0135 Primary: dfarber@dfarberlaw.com Secondary: maria@dfarberiaw.comBy: — /s/ David S. Farber David S. Farber FBN: 0370230EXnIpdit AFH Castle Key: INDEMNITY COMPANY Information as of November 2, 2020 Phillip Lebrun Policyholder(s) Page 1of 2 1655 Palmbchiksbl403 West Palm Beach FL 33401 Pacita Jaye Policy number 988 417 876 Your Castle Key agency is Phillip Lebrun (561) 688-2533 Apedplanangaf fly logy faqenpencace yf E A feapfecaafppiatayfaatie PLebrun@allstate.com PACITA JAYE 701S OLIVE AVE APT 901 WEST PALM BCH FL 33401-6504 Welcome to Castle Key! Thank you for choosing Castle Key* for your Condominium Owners insurance. We look forward to protecting what's important to you for many years. Here's your insurance policy Along with your new Condominium Owners policy, We've included a guide to what's in this package and answers to some common questions. How to contact us Please give your Castle Key Agent a call at (561) 688-2533 if you have any questions. * Pleace note that while the accets and lial ¢ af the Castle Kav camnanias ara canarata and distinct from other of the Castle Key comp: are separate an from other companies within the Allstate group, Allstate Insurance Company provides some customer services for the Castle Key companies. Sincerely, Michael S. Sheely President, Castle Key Indemnity Company NP183-1988 417 876 November 3, 2020 Policy number: Policy effective date: Your Insurance Coverage Checklist Page 2 of 2 We're happy to have you as an Castle Key customer! This checklist outlines what's in this package and provides answers to some basic questions, as well as any “next steps” you may need to take. 0 What's in this package? See the guide below for the documents that are included. Next steps: review your Policy Declarations to confirm you have the coverages, coverage limits, premiums and savings that you requested and expected. Read any Endorsements or Important Notices to learn about new policy changes, topics of special interest, as well as required communications. Keep all of these documents with your other important insurance papers. OO Am! getting all the discounts | should? Confirm with your Castle Key Agent that you're benefiting from all the discounts you're eligible to receive. (1 What about my bill? Unless you've already paid your premium in full, we'll send your bill separately. Next steps: please pay the minimum amount by the due date listed on it. You can also pay your bill online at allstate.com or by calling 1-800-856-2518 or (1-800-255-7828). Para espaiiol, llamar al 1-800-979-4285. If you're enrolled in the Castle Key Easy Pay Plan, we'll send you a statement detailing your payment withdrawal schedule. What if | have questions? You can either contact your Castle Key Agent or call us 24/7 at 1-800-856-2518 or (1-800-255-7828) - para espafiol, llamar al 1-800-979-4285 - with questions about your coverage, or to update your coverages, limits, or deductibles. Or visit us online at allstate.com.A guide to your welcome package Policy Policy Policy Important Insurance Made Declarations* Your policy is Endorsements Notices Simple The Policy yourinsurance Ifchangesare = Weusethese —_—_ Insurance seem Declarations contract; it lists made to your notices to call complicated? lists policy alloftheterms _ policy, these attention to Our online details, suchas and conditions of documents will _ particularly guides explain your property your coverage. —_ include your new important coverage terms details and contract coverages, policy and features: coverages. language. changes and discounts. * To make it easier to see where you may have gaps in your protection, we've highlighted any coverages you do not have in the Coverage Detail section in the enclosed Policy Declarations. 1100000SK02432085FLOC )0201102233023000183001029C (0226700 085078 069 201102SK02432Condominium Owners Policy Declarations Hy C a stl e Key: Your policy effective date is November 3, 2020 INDEMNITY COMPANY Page 1 of 4 Information as of November 2, 2020 THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE ci umary FOR HURRICANE LOSSES, WHICH MAY RESULTIN§ = Soncacucat HIGH OUT-OF-POCKET EXPENSES TO YOU. Pacita Jaye Mailing address 7015S Olive Ave Unit 901 LAW AND ORDINANCE: LAW AND ORDINANCE West Palm Beach FL 33401-6504 COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH Your policy provided by YOUR INSURANCE AGENT. Castle Key Indemnity Company Policy period Begins on November 3, 2020 at 12:01 A.M. standard time, with no fixed date of FLOOD INSURANCE: YOU MAY ALSO NEED TO expiration CONSIDER THE PURCHASE OF FLOOD INSURANCE. Eremium pened Beginning November 3, 2020 through YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT November 3, 2021 at 12:01 A.M. deta tte eater ee eee eee meester ome standard time INCLUDE COVERAGE FORK DAMAGE RESULTING FROM \0u, castle Key agencyis FLOOD EVEN IF HURRICANE WINDS AND RAIN palaia bern 1655 Palmbchlksbl403 CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE West Palm Beach Fi 33401 (561) 688-2533 FLOOD INSURANCE COVERAGE, YOU MAY HAVE PLebrun@allstate.com UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE Some or all of the information on your DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD frycresicr tn otsertetson INSURANCE COVERAGE WITH YOUR INSURANCE SEE eee ee eeeee notify us immediately if you believe AGENT. that any information on your Policy Declarations is incorrect. We will make corrections once you have notified us, YOUR POLICY PROVIDES COVERAGE FOR A andl any resulting rate adjustments, wil CATASTROPHIC GROUND COVER COLLAPSE THAT period or for suture policy periods. RESULTS IN THE PROPERTY BEING CONDEMNED AND fctacctsy coveocec ere ntieeare UNINHABITABLE, OTHERWISE, YOUR POLICY DOES §=——**2'7 Other Coverages Not Purchased: « Business Property Protection* « Electronic Data Recovery* « Extended Coverage on Cameras* « Extended Coverage on Jewelry, Watches and Furs* « Extended Coverage on Musical Instruments* « Extended Coverage on Sports Equipment* « Fire Department Charges* « Identity Theft Expenses* « Increased Silverware Theft Limit* * Optional Protection for Mold* * Sinkhole Activity* * This coverage can provide you with valuable protection. To help you stay current with your insurance needs, contact your agent to discuss available coverage options and other products and services that can help protect you. ** $1,000 is your Other Peril Deductible, which applies to the total of all losses under the coverages indicated above. ***$1,000 (calculated by applying 0% to your Personal Property Protection limit) is your Deductible for Hurricanes, which applies to the total of all property losses under the coverages indicated above. Please read your Hurricane Deductible Endorsement carefully. Scheduled Personal Property Coverage Your policy does not include Scheduled Personal Property Coverage. This coverage can provide you with valuable protection. To help you stay current with your insurance needs, contact your agent to discuss available coverage options and other products and services that can help protect you. Your policy documents Your Condominium Owners policy consists of the Policy Declarations and the following documents. Please keep them together. * Condominium Owners Policy - AVP535 « Florida Hurricane Deductible Endorsement - AP4490 * Water Back Up Endorsement - AVP564 « Amendatory Endorsement - AP4963 ES FLO78NBD 01/20Condominium Owners Policy Declarations Page 4 of 4 Policy number: 988 417 876 Policy effective date: November 3, 2020 Important payment and coverage information Here is some additional, helpful information related to your coverage and paying your bill: > A$10.00 late fee may be assessed if payment is received after the due date. > The Property Insurance Adjustment condition applies using the Marshall Swift Boeckh publications personal property cost estimating index. at a ranuact ine naumant Anu adinetmante tr vauy nee: PorieaSe NOS. mS 1S NOL | PEGueSe ror paymenk. nhy aqyuSunems w your prer bill which will be mailed separately. Will ha vaflartad an vase navt echadulad Win Oc Peuccica On your Heat scmeauica, > If you decide to pay your premium in installments, there will be a $3.00 installment fee charge for each payment due. If you make 12 installment payments during the policy period, and do not change your payment plan method, then the total amount of installment fees during the policy period will be $36.00. If you are on the Castle Key Easy Pay Plan, there will be a $1.50 installment fee charge for each payment due. If you make 12 installment payments during the policy period, and remain on the Castle Key Easy Pay Plan, then the total amount of installment fees during the policy neriod will be $18.00. If you change payment plan methods or make additional payments, your installment fee charge for each payment due and the total amount of installment fees during the policy period may change or even increase. Please note that the Castle Key Easy Pay Plan allows you to have your insurance payments automatically deducted from your checking or savings account. > If You Have a Question About Your Insurance... If you wish to present an inquiry or obtain information about coverage, or if you need assistance in resolving a complaint,please call (S61) 688-2533. Michael S. Sheely Susan L. Lees President Secretary IN WITNESS WHEREOF, Castle Key Indemnity Company has caused this policy to be signed by two of its officers at Northbrook, Illinois, and if required by state law, this policy shall not be binding unless countersigned on the Policy Declarations by an authorized agent of Castle Key Indemnity Company. Policy countersigned by Phillip Lebrun 085078 069 201102SK02432 FLO78NBD 01/20 1100000SK02432085FL0C )020110223302300018300302% }0226700Page 1 of 26 fi Castle Key: INDEMNITY COMPANY CASTLE KEY INDEMNITY COMPANY Condominium Owners Policy FLORIDA AVP535 Policy number Policy effective 988 417 876 November 3, 2020 Policyholders Your Castle Key agency is Pacita Jaye Phillip Lebrun 7015S Olive Ave Unit 901 1655 Palmbchlksbl403 West Palm Beach FL West Palm Beach FL 33401 33401-6504 . ee Castle Key Indemnity Company A Stock Company---Home Office: St. Petersburg, Florida 33716Condominium Owners Polic} Policy number: 988 417 876 Policy effective date: November 3, 2020 Page 2 of 26 Table of Contents Agreements We Make With You.... Permission Granted To You General Our Rights To Recover Payment... Definitions Used In This Policy. Our Rights To Obtain Salvage. Insuring Agreement Action Against Us. Conformity To State Statutes. Loss To A Pair Or Set Coverage Changes. Glass Replacement. Policy Transfer. Continued Coverage After Your Death ... Renewal. Cancellation. Misrepresentation, Fraud Or Concealment...... What Law Will Apply. Where Lawsuits May Be Brought... Arbitration. Notice Communications. Section |—Your Property. Building Property Protection-Coverage A. Property We Cover Under Coverage A....... Property We Do Not Cover Under Coverage A. Losses We Cover Under Coverage A... Pawel Meme nedes Manknattan F iio Benefit To Batiee Other Insurance. Property Insurance Adjustment... Mortgagee. Mold, Fungus, Wet Rot And Dry Rot Remediation As A Direct Result Of A Covered Loss 18 Neutral Evaluation For Resolution Of Sinkhole Activity Losses. Section II—Family Liability And Guest Medical Protection .. Family Liability Protection-Coverage X......... Losses We Cover Under Coverage X.. Losses We Do Not Cover Under Coverage Guest Medical Protection-Coverage Y... Losses We Cover Under Coverage Y Losses We Do Not Cover Under Coverage Section II Additional Protection.... Claim EvnancacSee ee Property We Cover Under Coverage C..... Limitations On Certain Personal Propert Property We Do Not Cover Under Coverage C. Losses We Cover Under Coverage C... Losses We Do Not Cover Under Coverages A And C. Section I Additional Protection...... Additional Living Expense Ci, Governmental Ana Mamitary Author Debris Removal Emergency Removal Of Property..... Fire Department Charges. Reasonable Emergency Measures....... Power Interruption Arson Reward Collapse. R a Cadac eure Lock Replacement. Section | Conditions. Deductible. Insurable Interest And Our Liability. What You Must Do After A Loss... Our Settlement Options. How We Pay For A Loss DE t ane Ur 4685, Dave Co Oui Seu Appraisal. Abandoned Property. ee Emergency First Aid. 2 Damage To Property Of Others. 2 Section II Conditions What You Must Do After A Loss What An Injured Person Must Do—Guest Medical Protection-Coverage Our Payment Of Loss—Guest Medical Protection-Coverage Y. Our Limits Of Liability. Ly Our Rights To Recover Payment—Family Liability Protection-Coverage Action Against Us. Other Insurance—Family Liability Protection-Coverage X. Section II!—Optional Protection... Optional Coverages. 23 Increased Coverage On Business Property-Coverage BP. Fire Department Charges-Coverage Loss Assessments-Coverage G..... Extended Coverage On Jewelry, Watches And Furs-Coverage J. Increased Coverage On Theft Of Silverware-Coverage ST... Sinkhole Activity Coverage. 11000005K02432085FL0C 1020110223302300018300402% }0226700 085078 069 2011028K02432Condominium Owners Polic} Policy number: 988 417 876 Policy effective date: November 3, 2020 Agreements We Make With You We make the following agreements with you: General Definitions Used In This Policy Throughout this policy, when the following words appear in bold type, they are defined as follows: 1 Association—means the management body of the co-op or condominium. Associations only include: a) those consisting of you and all other condominium unit owners collectively as members; or b) _ the legal entity that is responsible for the operation and ownership of the co-op. Bodily injury—means physical harm to the body, including sickness or disease, and resulting death, or any resulting symptom, effect, condition, disease or illness. Bodily injury does not include any of the following which are communicable: disease, bacteria, parasite, virus or other organism, any of which are transmitted by any insured person to any other person. It also does not include the exposure to any such disease, bacteria, parasite, virus or other organism by any insured person to any other person. a) lead in any form; b) asbestos in any form; ) radon in any form; or d) oil, fuel oil, kerosene, liquid propane or gasoline intended for, or from, a storage tank located at the residence premises. Under Guest Medical Protection-Coverage Y, bodily injury means physical harm to the body, including sickness or disease. Bodily injury does not include any of the following which are communicable: disease, bacteria, parasite, virus or other organism, any of which are transmitted by any insured person to any other person. It also does not include the exposure to any such disease, bacteria, parasite, virus or other organism by any insured person to any other person. Building property—means items of real property owned exclusively by an insured person that: a) do or will comprise a part of the residence premises; b) are used to service or support the residence premises; or ©) _ are your insurance responsibility as expressed under the governing rules of the association. Real property includes only those fixtures, structures, construction material and supplies, installations or additions located either within that portion of the premises used as the residence premises or on the association premises that benefits an insured person and fewer than we Daal neanarhy alen includac ctructirae aumad enlaly hur macs Suuciuies onnica surely uy #5. Rear property nso you, other than the residence premises, at the location of the residence premises. Page 3 of 26 fi Castle Key: INDEMNITY COMPANY Business—means: a) any full- or part-time activity of any kind engaged in for economic gain and the use of any part of any premises for such purposes. The providing of home day care services to other than an insured person or relative of an insured person for economic gain is also a business. However, the mutual exchange of home day care services is not considered a business. b) the rental or holding for rental of property by an insured person. Rental of your residence premises is not considered a business when: 1) _ itis rented occasionally for residential purposes; 2) aportion is rented to roomers or boarders, provided not more than two roomers or boarders reside on the residence premises at any one time; or 3) a portion is rented as a private garage. Catastrophic ground cover collapse—means geological activity that results in all the following: a) _ the abrupt collapse of the ground cover; b) a depression in the ground cover clearly visible to the naked eye; © _ structural damage to a building structure, or the dwelling foundation, in which the residence premises is located; and d) _ that building structure being condemned and ordered to be vacated by the governmental agency authorized by law to issue such an order for that building structure. Catastrophic ground cover collapse does not include damage consisting merely of settling or cracking of a foundation or building structure. Condominium—means the development governed by the association of all unit owners of which you are a member and in which the residence premises is located. Co-op—means the development: a) owned and governed by the association of which you have an ownership interest; and b) _ inwhich the residence premises is located and has been leased to you. Insured person(s)—means you and, if a resident of your household: a) anyrelative; and No Bee cee AN te wane wae by ily person uituer Wie age OF 21 in your Care, Under Building Property Protection-Coverage A, insured person also means the Association. In Section II, under Family Liability Protection-Coverage X and Guest Medical Protection-Coverage Y only, “insured person” also means: a) _ any person or organization legally responsible for loss caused by animale or watercraft ervarad hu thie naliev which ara qwnad hy an 2 Cyered OY tats pon an insured person. We do not cover any person or organization usingCondominium Owners Polic} Policy number: 988 417 876 Policy effective date: November 3, 2020 or having custody of animals or watercraft in any business, or without permission of the owner. b) with respect to the use of any vehicle covered by this policy, any person while engaged in the employment of an insured person. 9, Insured premises—means: a) the residence premises; and b) under Section II—Family Liability And Guest Medical Protection onlv: 1) _ the part of any other premises, other structures and grounds used by you as a residence. This includes premises, structures and grounds you acquire for your use as a private residence while this policy is in effect; 2) any part of a premises not owned by an insured person but where an insured person is temporarily living; 3) cemetery plots or burial vaults owned by an insured person; 4) vacant land, other than farmland, owned by or rented to an insured person; 5) land owned by or rented to an insured person where a one-, ‘two-, three-, or four-family dwelling is being built as that person's residence; 6) _ any premises used by an insured person in connection with the residence premises; and 7) _ any part of a premises occasionally rented to an insured person for other than business purposes. 16. 19. Page 4 of 26 maintenance or use of the residence premises, regardless of whether you pay the employee directly for services performed. Residence premises—means that premises described on the Policy Declarations used as a private residence and reserved exclusively for your use or occupancy. Shared property—means property owned by: a) all condominium unit owners collectively; or b) all shareholders of the co-op association collectively. Sinkhole activity—means settlement or systematic weakening of the earth supporting the covered residence premises that you reside in as your primary residence, but only if the settlement or systematic weakening results from contemporaneous movement or raveling of soils, sediments, or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation. ‘We do il0t Cover catastropnic grouina cover couapse inaer Sinknole Activity Coverage. Sinkhole loss—means structural damage to the building structure, or ‘the dwelling foundation, in which the residence premises is located and which is your insurance responsibility as expressed under the governing rules of the association, that we cover under Building Property Protection-Coverage A, caused by sinkhole activity. Coverage for personal property covered under Personal Property Protection-Oceurrence—means an accident, including continuous or repeated exposure to substantially the same general harmful conditions during the policy period, resulting in bodily injury or property damage. Primary structural member—means a structural element designed to provide support and stability for the vertical or lateral loads of the overall structure. Primary structural svstem—means an assemblage of primary structural members. Property damage—means physical injury to or destruction of tangible property, including loss of its use resulting from such physical injury or destruction. Rebate—means a remuneration, payment, gift, discount, or transfer of any item of value to you by or on behalf of a person performing repairs as an incentive or inducement to obtain repairs performed by that person. Residence employee—means an employee of an insured person while performing duties arising out of and in the course of employment in connection with the maintenance or use of your residence premises. This includes similar duties performed elsewhere for an insured person, not in connection with the business of an insured person. However, residence employee does not mean the employee of the association whose duties include services in connection with the Coverage C and additional living expenses will apply only if there is structural damage to the building structure, or the dwelling foundation, in which the residence premises is located and which is your insurance responsibility as expressed under the governing rules of the association, that we cover under Building Property Protection-Coverage A, caused by sinkhole activity. ). Structural damage—means the building structure, or the dwelling foundation, in which the residence premises is located and which is your insurance responsibility as expressed under the governing rules of the association, that we cover under Building Property Protection- Coverage A, regardless of the date of its construction, has experienced the following: a) _ interior floor displacement or deflection in excess of acceptable variances as defined within ACI 117-90 or the Florida Building Code, which results in settlement related damage to the interior such that the interior building structure or members become unfit for service or represents a safety hazard as defined within the Florida Building Code; b) foundation displacement or deflection in excess of acceptable variances as defined in ACI 318-95 or the Florida Building Code, which results in settlement related damage to the primary structural members or primary structural system(s) that prevents those members or systems from supporting the loads and forces they were designed to support to the extent that stresses in those primary structural members or primary structural system(s) exceeds one and one-third the nominal strength 1100000SK02432085FLOC 10201102233023000183005029 10226700 085078 069 2011028K02432Condominium Owners Polic} Policy number: 988 417 876 Policy effective date: November 3, 2020 allowed under the Florida Building Code for new buildings of similar structure, purpose, or location; c) damage that results in listing, leaning, or buckling of the exterior load bearing walls or other vertical primary structural members to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base as defined in the Florida Building Code; d) damage that results in the building, or any portion of the building containing primary structural members or primary structural system(s), being significantly likely to imminently collapse because of the movement or instability of the ground within the influence zone of the supporting ground within the sheer plane necessary for the purpose of supporting such building as defined in the Florida Building Code; or e) damage occurring on or after October 15, 2005, that qualifies as “substantial structural damage” as defined in the Florida Building ode. 21. We, us, or our—means the company named on the Policy Declarations. 22. Windstorm—means wind with or without precipitation. 23. You or your—means the person listed under Named Insured(s) on the Policy Declarations as the insured and that person's resident spouse. Insuri ing Agreement US, we agree to proviae ore coverages indicated on the Policy Declarations. In return, you must pay the premium when due and comply with the policy terms and conditions, and inform us of any change in title, use or occupancy of the residence premises. Subject to the terms of this policy, the Policy Declarations shows the location of the residence premises, applicable coverages, limits of liability and premiums. The policy applies only to losses or occurrences that take place during the policy period. The Policy Period is shown on the Policy Deciarations. This policy isnot complete without the Policy Declarations. This policy imposes joint obligations on the Named Insured(s) listed on the Policy Declarations and on that person's resident spouse. These persons are defined as you or your. This means that the responsibilities, acts and omissions of a person defined as you or your will be binding upon any other person defined as you or your. This policy imposes joint obligations on persons. defi ined asan Insured person, This imeais tat tie fesporisiomuies, acts aivu tainures 0 act OF a person defined as an insured person will be binding upon another person defined as an insured person. Conformity To State Statutes When the policy provisions conflict with the statutes of the state in which the residence premises is located, the provisions are amended to conform to such statutes. Page 5 of 26 fi Castle Key: INDEMNITY COMPANY Coverage Changes When we broaden coverage during the policy period without charge, you have the new features if you have the coverage to which they apply. Otherwise, the policy can be changed only by endorsement. ‘The coverage provided and the premium for the policy are based on information you have given us. You agree to cooperate with us in determining if this information is correct and complete. If this information changes asa result of a change made by vou. we mav adiust vour coverage and premium accordingly. Any calculation of your premium or changes in your coverage will be made using the rules, rates and forms on file, if required, for our use in your state. The rates in effect at the beginning of your current policy period will be used to calculate any change in your premium. Policy Transfer You may not transfer this policy to another person without our written consent. Continued Coverage After Your Death If you die, coverage will continue until the end of the current policy period for: 1. your legal representative while acting as such, but only with respect to the residence premises and property covered under this policy on the date of your death. 2. _ aninsured person, and any person having proper temporary custody of your property until a legal representative is appointed and qualified. Renewal If we intend to renew your policy, we will mail you an offer to renew your policy at least 45 days before the end of the policy period. Cancellation Your Right to Cancel: You may cancel this policy by notifying us of the future date you wish to stop coverage. ‘Our Right to Cancel: We may cancel this policy by mailing notice to you at the mailing address shown on the Policy Declarations or by delivering notice to you electronically or in some other manner. When this policy has been in effect for 90 days or less, and it is not a renewal with us, we may cancel this policy for any reason. If the cancellation is for non-payment of premium, we will give you at least 10 days’ notice. If the cancellation is for any other reason, we will give you at least 20 days’ notice. When this policy has been in effect for 90 days or less, we may cancel for any reason, except we may not cancel: 1. onthe basis of property insurance claims that are the result of an Act of God, unless we can demonstrate, by claims frequency or otherwise, that you have failed to take action reasonably necessary as requested by us to prevent recurrences of damage to the insured property. beCondominium Owners Polic} Policy number: 988 417 876 Policy effective date: November 3, 2020 2. onthe basis of a single claim on a property insurance policy which is the result of water damage unless we can demonstrate you have failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property. We will not cancel this policy based on the lawful use, possession, or ownership of a firearm or ammunition by an insured person or a household member of an insured person. When this policy has been in effect for more than 90 days, or if it is a renewal with us, we may cancel this policy for one or more of the following reasons: 1. non-payment of premium; a substantial change in the risk covered by the policy; material misstatement; or failure to comply, within 90 days after the date of effectuation of coverage, with underwriting requirements established by us before the date of effectuation of coverage. ReY ‘When this policy has been in effect for more than 90 days, or if it is a renewal with us, we will not cancel this policy based on credit information available in public records. We will not cancel this policy based on the lawful use, possession, or ownership of a firearm or ammunition by an insured person or a household member of an insured person. If the cancellation is for non-payment of premium, we will give you at least Page 6 of 26 2. onthe basis of filing of claims for sinkhole loss, unless: a) _ the total of such claim payments equals or exceeds the limit of liability for property damage to the building structure we cover under Building Property Protection-Coverage A in effect on the date of the loss; or b) you failed to repair the building structure we cover under Building Property Protection-Coverage A in accordance with the engineering recommendations upon which claim payment was based. 3. onthe basis of a single claim on a property insurance policy which is the result of water damage unless we can demonstrate you have failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property. 4. — onthe basis of the lawful use, possession, or ownership of a firearm or ammunition by an insured person or a household member of an insured person. 5. oii thé basis OF Crédit information avanabie in puoNc recoras, Misrepresentation, Fraud Or Concealment This policy is void if it was obtained by misrepresentation, fraud or concealment of material facts. If it is determined that this policy is void, all premiums paid will be returned to you since there has been no coverage under this policy. ‘We do not cover any loss or occurrence in which any insured person has canraalad ar micranracantad anu matarial fart ar cirrumctanra10 days’ notice. If the cancellation is for any other reason, we will give you at least 120 days’ notice. If the cancellation is for non-payment of premium by your mortgage lender and the premium payment made is not more than 90 days overdue, we shall reinstate the insurance policy, retroactive to the date of cancellation. Our mailing the notice of cancellation to you, or by delivering notice to you electronically or in some other manner, will be deemed proof of notice. Coverage under this policy will terminate on the effective date and time stated on the cancellation notice. Your return premium, if any, will be calculated on a pro rata basis and refunded at the time of cancellation or within 15 working days after the effective date of cancellation. Any unearned premium amounts under $5.00 will be refunded only upon your request. However, refund of unearned premium is not a condition of cancellation. Our Right Not to Renew or Continue: We have the right not to renew or continue this policy beyond the current policy period. If we do not intend to continue or renew the policy, we will give you at least 120 days’ notice. Our mailing the notice of non-renewal to you, or delivering notice to you electronically or in some other manner, will be deemed proof of notice. We may non-renew or discontinue this policy for any reason, except: 1. _ onthe basis of property insurance claims that are the result of an Act of God, unless we can demonstrate, by claims frequency or otherwise, that to prevent recurrences of damage to the insured property. Lert If this policy has been in effect for more than 90 days, or if it is a renewal with us, a claim filed by an insured person will not be denied based on credit information available in public records. What Law Will Apply This policy is issued in accordance with the laws of Florida and covers property or risks principally located in Florida. Subject to the following paragraph, the laws of Florida shall govern any and all claims or disputes in any way related to this policy. Ifa covered loss to property, or any other occurrence for which coverage applies under this policy happens outside Florida, claims or disputes regarding that covered loss to property, or any other covered occurrence may be governed by the laws of the jurisdiction in which that covered loss to property, or other covered occurrence happened, only if the laws of that jurisdiction would apply in the absence of a contractual choice of law L a= aL Where Lawsuits May Be Brought Subject to the following two paragraphs, any and all lawsuits in any way related to this policy, shall be brought, heard and decided only in a state or federal court located in Florida. Any and all lawsuits against persons not parties to this policy but involved in the sale, administration, performance, or alleged breach of this policy, or otherwise related to this policy, shall be brought, heard and decided only in a state or federal court located in Florida, provided that such persons are subject to or consent to suit in the courts specified in this paragraph. 11000005K02432085FLOC 1020110223302300018300602% 10226700 085078 069 2011028K02432Condominium Owners Polic} Policy number: 988 417 876 Policy effective date: November 3, 2020 Ifa covered loss to property, or any other occurrence for which coverage applies under this policy happens outside Florida, lawsuits regarding that covered loss to property, or any other covered occurrence may also be brought in the appropriate court where that covered loss to property, or any other covered occurrence happened. Nothing in this provision, Where Lawsuits May Be Brought, shall impair any party's right to remove a state court lawsuit to a federal court. Arbitration Any claim or dispute in any way related to this policy, by an insured person against us or us against an insured person, may be resolved by arbitration only upon mutual consent of the parties. Arbitration pursuant to this provision shall be subject to the following: 1. no arbitrator shall have the authority to award punitive damages or attorney's fees; 2. neither of the parties shall be entitled to arbitrate any claims or disputes ina representative c