Complaint,Petition: O BOYLE, DANIEL vs. EDISON INSURANCE COMPANY

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                                Filing # 94541287 E-Filed 08/21/2019 02:36:45 PM

IN THE FOURTEENTH JUDICIAL CIRCUIT COURT IN AND FOR
BAY COUNTY, FLORIDA

DANIEL O’BOYLE

Plaintiff,
Vv. CASE NO.; 19003187CA
EDISON INSURANCE COMPANY,

Defendant.

 

COMPLAINT FOR BREACH OF CONTRACT
AND DEMAND FOR JURY TRIAL

COMES NOW the Plaintiffs DANIEL O’BOYLE, by and through his undersigned
attorney, and files this Complaint against the Defendant, EDISON INSURANCE COMPANY
(hereinafter “EDISON”) and as grounds therefore, states as follows:

General Allegations
1. Atall times relevant hereto, DANIEL O’BOYLE was a resident of the State of Florida,
owning and maintaining the subject property located at 2617 Ferol Lane, Lynn Haven in

Bay County, Florida.

2. Atall times relevant hereto, EDISON was an insurance company organized and existing
under the laws of the State of Florida and doing business in the State of Florida.

3. The amount in controversy in this action exceeds the sum of Fifteen Thousand Dollars
($15,000.00), exclusive of prejudgment interest, court costs, and attorney’s fees.

COUNTI
Breach of Contract

4. Plaintiffs reallege each and every allegation set forth in paragraphs 1 through 3 above, as
if fully set forth herein.

5. This is an action for damages for breach of an insurance contract against EDISON.

Page 1 of 310.

11

12.

13.

14.

In consideration of the premium paid to it, EDISON issued to Plaintiff a contract of
insurance, Policy No.: EDH4071961-00, which was in full force and effect at the time of
the loss and damage at the insured premises at 2617 Ferol Lane, Lynn Haven Florida
32444, Plaintiffs have attached hereto as Exhibit “A” a copy of the subject insurance
policy.

During the effective period of the insurance policy, Plaintiff’s property suffered direct
physical damage and loss to insured property.

On or about October 10, 2018, Plaintiff’s insured property was damaged by Hurricane
Michael.

The loss and damage to Plaintiff’s covered property resulted from a peril for which the
policy of insurance issued by EDISON provides coverage.

The loss and damage caused by Hurricane Michael caused Plaintiff to sustain loss to his

property and structures, and to incur additional expenses.

. Plaintiff made a timely claim for the damage and loss.

Plaintiff has requested that EDISON pay for their damages, but EDISON has failed and
refused to fully pay the aforementioned damages.

Plaintiff has done and performed everything properly required of them under the insurance
policy or, alternatively, have been excused from performance by the acts, representations,
and/or conduct of EDISON.

Notwithstanding the foregoing, EDISON has failed or refused to provide coverage under the
insurance policy and has failed to pay promptly the amounts due and has thereby breached

the contract of insurance.

Page 2 of 315. As a direct result of EDISON’s breach of the insurance contract, Plaintiff has been financially
damaged and continue to suffer damage and loss.

16. As a result of EDISON’s breach of the insurance contract, it has become necessary for the
Plaintiff to incur and become obligated for attorney’s fees and costs in connection with the
prosecution of this action. Plaintiff is entitled to have EDISON pay said fees and costs
pursuant to § 627.428, Florida Statutes.

WHEREFORE, the Plaintiff, DANIEL O’BOYLE, prays this Court order EDISON
INSURANCE COMPANY to pay in full the contract of insurance, award Plaintiff actual and
compensatory damages, pre-judgment interest, costs of this action, attorney’s fees, and such other
and further relief as this Court may deem appropriate. Further, the Plaintiff requests a trial by jury on
all issues so triable.

Respectfully submitted this 21“ day of August, 2019.

THE PRICE LAW FIRM.
/s/ William B. Price
WILLIAM B. PRICE, Esq.
Florida Bar No.: 28277

P. O. Box 351

Panama City, FL 32402

Telephone: (850) 215-2195
Facsimile: (850) 763-0647

Email: bill@thepricelawfirm.com
belinda@thepricelawfirm.com

hannah@thepricelawfirm.com
Attorney for the Plaintiffs

PLAINTIFF DEMANDS A TRIAL BY JURY

Page 3 of 3+ BeRmeera CVEDISON

Insurance Company IMU AME DS CTD ADS

hie meagre ning, Fine bdeuetey
March 22, 2019

The Price Law Firm
Attn: William Price
bill@thepricelawfirm.com

Re: Insured: Daniel O’ Boyle
Claim Number: EDI930839
Policy Number: EDH4071961-00

Date of Loss: 10/10/2018
Peril: Wind — Hurricane — Michael
Location of Loss: 2617 Ferol Ln.

Lynn Haven, FL 32444

Dear Mr. Price,

This is a true and correct certified copy of the Declaration page and applicable forms for
Daniel O’Boyle, Policy EDH4071961-00.

Signed:

AEB Fiore

Robert Kramer
Director of Product Services

Exhibit "A"

Claims Office — 903 NW 65" Street, Suite 200
Boca Raton, Fl 33487
Existing Claims (866) 549-9672
Fax (888)408-9472CO EDISON HOMEOWNERS DECLARATION

 

 

 

POLICY NUMBER POLICY PERIOD
TSE INSURANCE COMPANY From To
P.O. Box 51329 Sarasota, FL 34232-0311 EDH 4071961 00 09/25/2018 09/25/2019
12:01 A.M. Standard Time at the described location|

 

 

For Customer Service and Claims Call 1-866-568-8922 or Visit www.edisoninsurance.com

AMENDED DECLARATION Effective: 09/25/2018 Date Issued: 12/21/2018
CHANGE OPTIONAL COV

 

 

 

INSURED: AGENT: 0041100

DANIEL O'BOYLE BRIGHTWAY INSURANCE GROUP INC
2617 FEROL LN PO BOX 5700

LYNN HAVEN FL 32444 JACKSONVILLE FL 32247-0000
Phone: 727-451-7700 Phone: 904-764-9554

 

The residence premises covered by this policy is located at the address listed below.
2617 FEROL LN, LYNN HAVEN FL 32444

 

 

 

 

Coverage is provided where premium and limit of liability is shown.
Flood coverage is not provided and is not a part of this policy.

SECTION I COVERAGE LIMIT OF LIABILITY PREMIUMS
A. DWELLING $450,000 $2,696.84
B. OTHER STRUCTURES $9,000 INCLUDED
C. PERSONAL PROPERTY $112,500 INCLUDED
D. LOSS OF USE $45,000 INCLUDED
SECTION Il COVERAGE
E. PERSONAL LIABILITY $300,000 $15.00
F. MEDICAL PAYMENTS $2,000 INCLUDED
OPTIONAL COVERAGES
SINKHOLE COVERAGE EXCLUDED
LAW AND ORDINANCE PERC INCREASE INCLUDED
REPLACEMENT COST CONTENTS INCLUDED

TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: SEE REVERSE SIDE $2,738.84

PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY.
FORMS AND ENDORSEMENTS.

EDI GC 01 (06/14) EDI HO LO (06/14) COUNTERSIGNED DATE 12/21/2018
EDI HO 03 (08/18) EDI HOJ (02/16) TT

EDI HO0401(09/16) “EDI HOO477(06/14) Com xX Ta

EDI HOO490(06/14) EDI HO0496(06/14) BY 0
Continued on Forms Schedule

ADDITIONAL INTERESTS
MORTGAGEE
BNC NATIONAL BANK ISAOA
7007 COLLEGE BLVD

STE. 600
OVERLAND PARK KS 66211-

 

 

 

 

 

Loan Number: 331435806

 

 

 

 

EDI HO DEC 001 03 16 INSURED COPY Page 1 of 5C EDISON

TSE INSURANCE COMPANY

P.O. Box 51329 Sarasota, FL 34232-0311

HOMEOWNERS DECLARATION

 

 

 

 

POLICY NUMBER pe OLICY PERIOD
EDH 4071961 00 09/25/2018 09/25/2019
121 Aa sad Tne ehthe desert ato

 

For Customer Service and Claims Call

1-866-568-8922 or Visit www.edisoninsurance.com

 

AMENDED DECLARATION
CHANGE OPTIONAL COV

Effective:

09/25/2018 Date Issued: 12/21/2018

 

INSURED:

AGENT: 0041100

 

DANIEL O'BOYLE
2617 FEROL LN
LYNN HAVEN FL 32444

Phone: 727-451-7700

BRIGHTWAY INSURANCE GROUP INC.
PO BOX 5700
JACKSONVILLE FL 32247-0000

Phone: 904-764-9554

 

The residence premises covered by this policy is located at the address listed below.

 

 

2617 FEROL LN, LYNN HAVEN FL 32444

 

Law and Ordinance Coverage:

25% All Other Perils Deductible: $ 2,500.00
HURRICANE DEDUCTIBLE: 2%=$9,000

Note: This portion of your premium for Hurricane Coverage is:
Non-hurricane Premium:
Total Policy Premium:

EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND
MANAGING GENERAL AGENCY FEE
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES

CHANGE IN POLICY PREMIUM

Please see attached schedule for all credits and surcharges that are included in the Policy Premium.

1,805.51
906.33
2,711.84

2.00
25.00
2,738.84

UU HOH

$ 77.96

Your windstorm loss mitigation credit is $-1,734.71. A rate adjustment of 49.0 % credit is included to reflect the Windstorm Mitigation Device Credit.

This credit applies only to the wind portion of your premium. Adjustments range from 0°

to 92% credit.

 

A rate adjustment of -1.0 % is included to reflect the Building Code Effectiveness Grade for your area.
Adjustments range from 1% surcharge to 12% credit.

Property coverage limit changed at renewal by an inflation factor measured by a nationally recognized index of construction costs.

THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-
OF-POCKET EXPENSES TO YOU.

FORM TYPE HO-3
CONSTRUCTION TYPE MAS
NON-WIND TERRITORY 124

WIND TERRITORY 000189
DWELLING TYPE SINGLE
OCCUPANCY OWNER

PRIMARY/SEASONAL P

EDI HO DEC 001 03 16

UNITS IN FIREWALL NA YEAR BUILT 1982
LASS 03 NUMBER OF STORIES 2

PROTECTION Cl

BCEG CLASS NG NUMBER OF UNITS 1
PROT DEVICE/BURGLAR N ROOF YEAR REPLACED 2005
PROT DEVICE/FIRE N NUMBER OF FAMILIES 1
PROT DEV/SPRINKLER N SINKHOLE N

INSURED COPY

Page 2 of 5C EDISON

 

 

 

POLICY PERIOD
TSE INSURANCE COMPANY POLICY NUMBER From To
P.O. Box 51329 Sarasota, FL 34232-0311 EDH 4071961 00 09/25/2018 09/25/2019
12:01 AM. Standard Time at the described location

 

 

TOTAL WIND MITIGATION CREDITS

ROOF COVER: FBC EQUIVALENT

ROOF DECK 6D@6/12

ROOF SHAPE GABLE

ROOF WALL CLIPS

OPEN PROTECTION NONE

SWR NO SWR

TERRAIN TERRAIN B

FBC WIND SPEED MPH =>120 and WBDR

WIND SPEED OF DESIGN =>120

DESIGN EXPOSURE N/A

(continued from page 1)

EDI HO3 OC(04/16) EDI PRI (06/14) EDI 19 (06/14) EDI 23 70 (06/14) EDI 24 (06/14)
OIRB1 1655(02/10) OIRB1 1670(01/06)

EDI HO DEC 001 03 16 INSURED COPY Page 3 of 50 EDISON HOMEOWNERS DECLARATION

 

 

POLICY PERIOD
=
TEE INSURANCE COMPANY POLICY NUMBER From To
P.O. Box 51329 Sarasota, FL 34232-0311 EDH 4071961 00 09/25/2018 09/25/2019
12:01 AM. Standard Time at the described location

 

 

 

 

DEDUCTIBLE OPTIONS NOTICE

This policy may contain a separate deductible for Hurricane Losses and for All Other Perils. The deductibles
shown in your policy declaration page(s) are the deductibles that will apply as described in your policy in the
event of a covered loss. If you fail to select a deductible at the time of your application submission, $1,000 All
Other Perils and 2% Hurricane deductibles will apply. If you do not choose an All Other Perils or Hurricane
Deductible at renewal, your previously selected deductibles will apply.

You have the option to buy lower deductibles for an additional premium, or select higher deductibles for a
premium credit. For HO3 policies, All Other Peril deductible options are $500, $1,000, $2,500, $5,000 and
$10,000. For HO6 policies, All Other Peril deductible options are $500, $1,000, $2,500 and $5,000. Hurricane
deductible options are $500, 2% (minimum $500), 5% or 10% (percentage deductibles apply to Coverage A in
Form HO3 and Coverage C in Form HO6). In the event you select a lower hurricane deductible and have
suffered a hurricane loss under this policy or under one issued by a member of our company group during the
calendar year, such lower selected deductible will not take effect until January 1 of the following calendar year.

If your policy does not exclude coverage for the peril of Windstorm or Hail, there are various combinations of
All Other Peril and Hurricane deductibles available. Not all of these deductible options may be available to you
due to the value of your dwelling.

Please contact your agent if you have any questions, concerns or wish to change your deductible options.

You may be eligible for other programs in Florida Peninsula Holdings, LLC and should discuss with your agent.

LAW AND ORDINANCE COVERAGE IS AN IMPORTANT
COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU
MAY ALSO NEED TO CONSIDER THE PURCHASE OF
FLOOD INSURANCE FROM THE NATIONAL FLOOD
INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU
MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS
THESE COVERAGES WITH YOUR INSURANCE AGENT.

YOUR POLICY PROVIDES COVERAGE FOR A
CATASTROPHIC GROUND COVER COLLAPSE THAT
RESULTS IN THE PROPERTY BEING CONDEMNED AND
UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT
PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY
PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE
LOSSES FOR AN ADDITIONAL PREMIUM.

EDI HO DEC 001 03 16 INSURED COPY Page 4 of 5C EDISON

= INSURANCE COMPANY

 

Policy Number

Policy Period
From To

 

 

EDH 4071961 00

 

09/25/2018 09/25/2019
12:01 A.M, Standard Time at the described location|

 

TOTAL CREDITS AND SURCHARGES SCHEDULE

(details from page 2)

Age of Home Credit/Surcharge

BCEG Credit/Surcharge

Deductible Credit/Surcharge

Wind Mitigation Credit

Financial Responsibility Credit/Surcharge

EDI HO DEC 001 03 16

Total:

Surcharges / (Credits)

$434.30
$17.88
-$160.80

-$1,734.71

-$222.83

$1,666.16 CREDIT

The above listed credits and surcharges are included in the Policy Premium.

INSURED COPY

Page 5 of 5Checklist of Coverage

Policy Type: HOMEOWNER'S

(Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's)

 

The following checklist is for informational purposes only. Florida law prohibits this checklist from changing
any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement
regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance,
renewal provisions, cancellation provisions, surcharges, or credits will be sent separately.

Reviewing this checklist together with your policy can help you gain a better understanding of your policy's
actual coverages and limitations, and may even generate questions. By addressing any questions now, you
will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise
regarding the coverage of attached or detached screened pool enclosures, screened porches, and other
types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the
coverage of certain items, such as individual heating and air conditioning units; individual water heaters;
floor, wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and
hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will
reduce confusion that may arise during claims settlement.

Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All
coverages are subject to the provisions and conditions of the policy and any endorsements. If you have
questions regarding your policy, please contact your agent or company. Consumer assistance is available
from the Department of Financial Services, Division of Consumer Services' Helpline at (800) 342-2762 or
www.fidfs.com.

This form was adopted by the Florida Financial Services Commission.

 

Dwelling Structure Coverage (Place of Residence)

Limit of Insurance: $450,000 Loss Settlement Basis: REPLACEMENT COST
(i.e. Replacement Cost, Actual Cash Value, Stated Value, etc.)

 

Other Structures Coverage (Detached from Dwelling)

Limit of Insurance: $9,000 Loss Settlement Basis: REPLACEMENT COST
(i.e. Replacement Cost, Actual Cash Value, Stated Value, etc.)

 

Personal Property Coverage

Limit of Insurance: $112,500 Loss Settlement Basis: REPLACEMENT COST
(i.e. Replacement Cost, Actual Cash Value, Stated Value, etc.)

 

Deductibles

Annual Hurricane: $9,000 All Perils (Other Than Hurricane): $2,500

 

 

 

OIR-B1-1670 (1-1-06) 10f 3Checklist of Coverage (continued)
The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured
against: (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate
coverage is NOT included)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Y_| Fire or Lightning

Y_ | Hurricane

N | Flood (including storm surge)

Y_| Windstorm or Hail (other than hurricane)

Y_| Explosion

Y_| Riot or Civil Commotion

Y_| Aircraft

Y_| Vehicles

Y_| Smoke

Y_| Vandalism and Malicious Mischief

Y_| Theft

Y_| Falling Objects

Y_| Weight of Ice, Snow or Sleet

Y_| Accidental Discharge or Overflow of Water or Steam

Y_| Sudden and Accidental Tearing Apart, Cracking, Burning or Bulging
Y_| Freezing

Y_| Sudden and Accidental Damage from Artificially Generated Electrical Current
Y_| Volcanic Eruption

Y_| Catastrophic Ground Cover Collapse

N_| Sinkhole

Y_| Any Other Peril Not Specifically Excluded (dwelling and other structures only)

 

Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.

 

Loss of Use Coverage

 

Coverage |__Limit of Insurance | Time Limit

 

(Items below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is
NOT included)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Y | Additional Living Expense $45,000 See Policy
Y | Fair Rental Value $45,000 See Policy
Y | Civil Authority Prohibits Use $45,000 See Policy
Property — Additional/Other Coverages
Items below marked Y (Yes) indicate Limit of Insurance Amu on nsurance is an adaitional
coverage IS included, those marked within the policy limit.
N (No) indicate coverage is NOT included)
Included Additional
Y | Debris Removal See Policy Y
Y | Reasonable Repairs See Policy Y
Y | Property Removed See Policy Y
Credit Card, Electronic Fund Transfer
Y | Card or Access Device Forgery and $500 Y
Counterfeit Money
Y | Loss Assessment $1,000 Y
Y | Collapse See Policy Y
Y | Glass or Safety Glaze Material See Policy Y
Y | Landlord's Furnishings $2,500 Y
Y | Law and Ordinance $112,500 Y
N | Grave Markers
Y | Mold/Fungi $10,000 Y

 

 

 

 

 

 

 

OIR-B1-1670 (1-1-06) 20f 3Checklist of Coverage (continued)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discounts

(Items below marked vires) indicate discount IS applied, .
those marked N (No) indicate discount is NOT applied) Dollar ($) Amount of Discount

N _| Multiple Policy

N_| Fire Alarm / Smoke Alarm / Burglar Alarm

N_| Sprinkler

Y_| Windstorm Loss Reduction $1,734.71

N | Building Code Effectiveness Grading Schedule

N | Other

Insurer May Insert Any Other Property Coverage Below
(Items below marked Y (Yes) indicate coverage Loss Settlement Basis:
IS included, those marked N (No) indicate Limit of Insurance ie.: Replacement Cost, Actual
coverage is NOT included) ash Value, Stated Value, etc.)
Personal Liability Coverage
Limit of Insurance $300,000
Medical Payments to Others Coverage
Limit of Insurance $2,000
Liability - Additional/Other Coverages

(Items below marked Y (Yes) indicate Limit of Amount of insurance is an additional amount of
coverage IS included, those marked Inguraner coverage or is included within the policy limit
N (No) indicate coverage is NOT included) Included Additional

Y_| Claim Expenses See Policy Y

Y_| First Aid Expenses See Policy Y.

Y_| Damage to Property of Others $500 Y

Y_| Loss Assessment $1,000 Y

Insurer May Insert Any Other Liability Coverage Below

(Items below marked Y (Yes) indicate coverage IS included, those marked Limit of Insurance

N (No) indicate coverage is NOT included)

Y_| Mold/Fungi Section II $50,000

 

 

 

 

 

 

 

 

 

OIR-B1-1670 (1-1-06) 3 of 3EDISON INSURANCE COMPANY HOMEOWNERS
EDI HO3 OC 04 16

OUTLINE OF YOUR EDISON INSURANCE
COMPANY HO-3 HOMEOWNERS POLICY

This Outline is being provided to help you more easily understand your Edison Insurance Company HO-3
Homeowners Policy. It highlights the major coverages, exclusions, limitations and deductibles of your policy and
provides information on discounts, surcharges, cancellation and nonrenewal. However, this is just a guide and
not a legal contract. Please read your HO-3 Homeowners policy carefully for complete descriptions and details.

The following Outline is for informational purposes only. Florida law prohibits this Outline from changing any of
the provisions of the insurance contract, which is the subject of this Outline. Any endorsement regarding
changes in types of coverage, coverage limits, exclusions, deductibles, renewal or cancellation provisions,
surcharges, credits, or any other changes will be sent separately.

SECTION I - PROPERTY COVERAGE

Coverage A - Dwelling

Protects against covered loss to your dwelling and structures attached to your dwelling. It also protects against
covered loss to building materials located on your residence, which are being used in connection with your
residence premises.

This coverage does not apply to land, including land on which the dwelling is located.

Coverage B - Other Structures
Protects against covered loss to structures on your residence premises not physically attached to the dwelling.
This coverage does not apply to land, including land on which other structures are located.

Coverage C - Personal Property
Protects against covered loss to your personal property such as clothing and furniture.
Special limits apply to some types of personal property including but not limited to:

Money
Securities
Watercraft
Theft of Jewelry
Firearms
Silverware

There are some items not covered under Coverage "C." Some examples are:

- Animals
+ Motorized Vehicles
+ Property of roomers or boarders and other tenants

Please review your policy for a complete list of items that have special limits or are excluded.

Coverage D - Loss Of Use

Provides for the additional living expenses you incur while you are temporarily unable to live at your home
because of a covered loss.

Payment would include such items as temporary lodging and increased costs for food. Coverage is limited to 24
consecutive months from the date of loss.

Pre-event evacuation expenses are not covered under the policy.

ADDITIONAL COVERAGES
These additional coverages include limitations and may not completely protect you against loss:

 

Debris Removal

Reasonable Repairs

Trees, Shrubs and Other Plants
Fire Department Service Charge
Property Removed

EDI HO3 OC 04 16 Page 1 of 4EDISON INSURANCE COMPANY HOMEOWNERS
EDI HO3 OC 04 16

Credit Card, Fund Transfer Card, Forgery and Counterfeit Money
Loss Assessment

Collapse

Glass or Safety Glazing Material

Landlords Furnishings

“Fungi,” Wet or Dry Rot, Yeast or Bacteria

Law and Ordinance

PERILS INSURED AGAINST

Coverage A — Dwelling and Coverage B — Other Structures

This policy insures under Coverages "A" and "B" unless not covered or excluded from coverage as described
elsewhere in the policy.

There are some perils not covered under Coverage "A" or "I

Freezing

Wear and Tear

Pollutants

Corrosion

Inherent Vice, Decay, Latent Defect and Mechanical Breakdown
Vandalism (if vacant more than 30 consecutive days)

Additionally, there are exclusions and other property not covered. Please review your policy for a complete list
of items that have special limits or are excluded.

 

 

Some examples are:

Coverage C — Personal Property

Fire or Lightning

Windstorm or Hail

Explosion

Riot or Civil Commotion

Aircraft

Vehicles

Smoke

Vandalism or Malicious Mischief

Theft (including off-premise theft)

Falling Objects

Weight of ice, snow or sleet

Accidental discharge or overflow of water or steam

Sudden and accidental tearing apart, cracking, burning or bulging
Freezing of plumbing or household appliances

Sudden and accidental damage from artificially generated electrical current
Volcanic eruption

Catastrophic Ground Cover Collapse

PROPERTY EXCLUSIONS

This policy does not provide protection under Coverages "A," “B" and “C” for losses resulting in any manner
from:

Sinkhole Loss Coverage

Law and Ordinance

Earth Movement and Settlement

Flood and Other Water Damage

Off-Premises Power Failure

Neglect

War or Nuclear Hazard

Intentional Acts

Existing Damage

Constant or Repeated Seepage or Leakage of Water or Steam

There are other exclusions. Please refer to your policy for complete details regarding exclusions.

EDI HO3 OC 04 16 Page 2 of 4EDISON INSURANCE COMPANY HOMEOWNERS
EDI HO3 OC 04 16

OTHER LIMITATIONS
Deductibles

A calendar year hurricane deductible and an all other perils deductible, selected by you, are shown on your
Declarations page. This is the amount of the loss you must incur before this policy pays.

Flood

This policy does not protect you against loss due to flood or wave wash. A Flood Coverage endorsement may
be available in certain areas. Flood insurance is also available through the Federal government.

Windstorm

In some areas of the state, generally coastal areas, windstorm and hail coverage, including hurricane coverage,
is not provided in your policy. Be sure to contact your agent to obtain this important coverage if it has been
excluded from your policy.

Loss Settlement

For Coverage C - Personal Property, we will pay the actual cash value at the time of loss but not more than the
cost to repair or replace.

For Coverage A - Dwelling, we will initially pay at least the actual cash value of the insured loss, less any
applicable deductible. We shall pay any remaining amounts necessary to perform such repairs as work is
performed and expenses are incurred or we will pay a licensed contractor after the insured signs a contract and
as repairs are made to the covered property. If a total loss of the covered dwelling occurs, we shall pay the
replacement cost coverage without reservation of any depreciation in value, subject to policy limits.

Vacant Property

If a loss occurs and the dwelling has been vacant for 30 consecutive days prior to the date of loss, there is no
coverage for vandalism, sprinkler leakage, glass breakage, water damage, theft or attempted theft, even if they
are a covered cause of loss.

SECTION Il - LIABILITY COVERAGE

Coverage E - Personal Liability

Provides coverage for bodily injury or property damage you or a person insured under your policy are legally
obligated to pay.

The bodily injury or property damage must arise from an occurrence covered under Section II of your policy.

Coverage F - Medical Payments To Others

Provides coverage for reasonable and necessary medical expenses if a guest is injured on your premises or off
the insured premises under certain circumstances.

The bodily injury must arise from an occurrence covered under Section I! of your policy with limited exceptions.
Some liability and medical expenses are not covered under Section II.
For example, there is no coverage for bodily injury or property damage arising from:

Animals

Watercraft

Motorized vehicles

Radon

Pollutants

Ingestion or inhalation of lead in any form or substance
Under certain conditions, home day care operations.

NONRENEWAL AND CANCELLATION PROVISIONS
All cancellations are granted a pro-rata return of premium.

Your Right To Cancel
You may cancel the policy at any time, for any reason, by giving us advance written notice of the future

EDI HO3 OC 04 16 Page 3 of 4EDISON INSURANCE COMPANY HOMEOWNERS
EDI HO3 OC 04 16

cancellation effective date.
Our Right To Cancel

If your policy has been in effect for 90 days or less and the insurance is cancelled for other than nonpayment of
premium we may cancel for any valid reason by giving you at least 20 days notice before the cancellation
effective date, except where there has been a material misstatement, misrepresentation, or failure to comply
with underwriting requirements established in the first 90 days, then we may cancel immediately.

If your policy has been in effect over 90 days, we may cancel your policy for only a limited number of reasons.
The reasons include, but are not limited to, material misstatement or substantial change of risk. We will cancel
by giving you advance written notice at least 120 days before the cancellation becomes effective.

If the cancellation is due to nonpayment of premium, we will give you at least 10 days advance written notice.

Nonrenewal
If we do not intend to renew your policy, we will mail written notice to you. We will do so at least 120 days
before the expiration date of the policy.

Renewal

The renewal premium payment must be received no later than the renewal date or the policy will terminate.

PREMIUM CREDITS

The following are brief descriptions of the premium credits available on your HO-3 Homeowners policy. Your
policy Declarations page will show which of these credits, if any, apply to your policy.

Protective Devices

If your home has a qualified central station burglar alarm, central station fire alarm or automatic fire sprinkler
system, you are eligible for premium credits.

Deductible Credits

Deductible options greater than the calendar year hurricane deductible of 2% and other perils deductible of
$1,000 are available at a premium credit.

Deductibles less than the standard deductibles may be available which will result in premium increase.

Windstorm Loss Mitigation Credits

Housing features such as roof covering, roof shape, roof deck attachments, secondary water resistance, roof to
wall connection and opening protection (qualifying storm shutters or other protective devices) may qualify for
premium credit.

Contact your agent for more information.
OPTIONAL COVERAGES AVAILABLE

+ Personal Property Replacement Cost
+ Other Structures - Increased Limits
+ "Fungi," Wet or Dry Rot, Yeast or Bacteria Coverage — Increased Limits
+ Lawand Ordinance Coverage - Increased Limits
+ Sinkhole Loss Coverage with a 10% Deductible
+ Animal Liability Coverage
+ Premium Packages
-* Identity Theft
+ Screened Enclosure Coverage
+ Flood Coverage Endorsement (available in certain areas)
+ Water Back Up Coverage
PREMIUM SURCHARGES

Surcharges will be disclosed on your Declarations page when they become applicable.

THIS OUTLINE IS FOR INFORMATIONAL PURPOSES ONLY. READ YOUR POLICY CAREFULLY.
YOUR AGENT WILL ASSIST YOU WITH ANY QUESTIONS ABOUT YOUR POLICY.

EDI HO3 OC 04 16 Page 4 of 4C EDISON

INSURANCE COMPANY

Privacy Policy
Federal law requires us, as your property insurer, to provide you with a copy of our Privacy Policy.

We collect and use information necessary to administer your policy and provide you with efficient customer
service. We collect and maintain several types of information needed for these purposes, such as those
listed below:

= Information provided by you on your application for insurance coverage, such as your name,
address, telephone number, age of your home and type of construction.

= Information gathered from you as our insured, such as how long you've been our insured, your
payment history, what kind of coverage you have, underwriting information and claims information.

= Information provided by consumer reporting agencies.

Information Disclosure

Use of Consumer Reports
We use information from consumer reporting agencies such as your credit, claims, and insurance history to
help us fairly determine eligibility for our programs and ensure accurate rates for all policies.

Insurance Claims History

We obtain information about insurance claims history from LexisNexis. For information or to dispute any
report regarding your insurance claims history, contact the LexisNexis Risk Solutions Consumer Center via
the contact information below. Note: to protect your privacy, only you can discuss your claims history with
LexisNexis (an agent won't be able to do it for you).

LexisNexis® Consumer Service Center
P.O. Box 105108

Atlanta, GA 30348-5108

(888) 497-0011, option 2 (toll free)
www.consumerdisclosure.com

Insurance Credit Score

We obtain information from LexisNexis to determine your insurance credit score. This inquiry will not affect
your credit score, as it is considered a "soft hit.”. LexisNexis can provide a free copy of your report, and if
you believe that report is inaccurate, they can respond to disputed items, but LexisNexis cannot comment
on your insurance application.

LexisNexis® Consumer Service Center
P.O. Box 105108

Atlanta, GA 30348-5108

(800) 456-6004
www.consumerdisclosure.com

Use of Personal Information

Edison Insurance Company uses information from many sources to fairly determine eligibility for our
programs and ensure accurate rates for all policies. How we may collect, use and disclose this information
is regulated by law. Following is a description of the kinds of information we may collect, how we may
collect it, and what is done with the information once it has been collected. We also describe how you can
find out what information we have about you in our records or files, and how you can correct inaccurate
information. We follow these practices with your information whether you are a policyholder, claimant,
former policyholder, or just an inquiring customer.

What kind of information do we collect about you?

We collect some information from you when you call us, complete an application, make a policy change or
report a claim. This information, of course, includes identifying information such as name and address, as
well as your type of home and claims history.

We may also obtain information such as credit reports, claims history, and investigative reports from other
sources including an inspection of your property. The information we obtain about you may come from
other insurance companies, insurance support organizations, credit bureaus, property data collection

EDI PRI 06 14services, or other providers of information.

What do we do with the information collected about you?

We may, as permitted by law, disclose your identifying information in our records or files such as name,
address, type of house, and claims history. Without your prior permission, we may disclose this information
to certain persons or organizations including:

Other insurance institutions, financial institutions, agents, or insurance support organizations.
Persons who perform a business, professional, or insurance function for us.

Businesses that conduct actuarial or research studies.

Insurance regulatory authorities.

Law enforcement or other governmental authorities.

Our affiliated companies who assist our insurance business activities.

Your information may be provided to others in the following circumstances, as permitted by law, for them
to:

Perform a business, professional, or insurance function for us.
= Provide information to us in order to
1. Determine your eligibility for an insurance benefit or payment, or
2. Detect or prevent criminal activity, fraud, material misrepresentation or material
nondisclosure in connection with an insurance transaction
= Perform a function in connection with an insurance transaction involving you.
= Conduct an audit of our operations or services.
= Conduct a joint marketing program with Edison pursuant to a joint marketing agreement.

The information we obtain about you from a report prepared by an insurance support organization may be
retained by the insurance support organization and disclosed to other sources.

How confidential and secure is the information we have about you?

Edison Insurance Company protects the confidentiality of the information that we have about you by
restricting access to those employees who need to know that information to provide our products and
services to you. We maintain physical, electronic and procedural safeguards that comply with federal and
state regulations to guard your information.

How can you find out what information we have about you?

You have the right to know what information we have about you in our insurance records or files. To obtain
this information, provide to us in writing an identification of yourself and a reasonable explanation of the
information you desire. If the information can be reasonably located and obtained, we will inform you of its
nature and substance within thirty (30) business days from the day we receive the request. You may
personally see and obtain the information, or if you prefer, we will mail the information to you.

What can you do if you disagree with the information we have about you?
You have the right to make a written request that we correct, delete, or change any recorded information
we have about you in our records or files. Send all written requests to:

Edison Insurance Company
PO Box 51329
Sarasota, FL 34232-0311

If we agree to comply with your request, we will notify you within thirty (30) business days of receiving
your request. If we are unable to comply with your request, we will notify you within thirty (30) business
days of receiving your written request with the reasons for our decision.

Sincerely,
Customer Service

EDI PRI 06 14C EDISON

INSURANCE COMPANY
Ss

Homeowners
Policy

Edison Insurance Company
P.O. Box 51329
Sarasota, FL 34232-0311

Claims Reporting: 866-568-8922
or visit: www.edisoninsurance.com

This policy does not cover flood loss. Please contact
your agent about this important coverage.

EDI HOJ 02 16 Page 1 of 2POLICY PROVISION: This Policy jacket with the Policy Declarations, Policy Form and
Endorsements issued to form a part thereof, completes the policy as numbered on the
Declarations Page. Whenever your policy is modified, you will receive a dated revision
of the Policy Declarations.

IN WITNESS WHEREOF: In consideration of your paid premium, Edison Insurance
Company is proud to extend to you the coverage offered by this insurance contract.

1. Dospan

 

Roger L. Desjadon, Chief Executive Officer

Edison Insurance Company

EDI HOJ 02 16 Page 2 of 2EDISON INSURANCE COMPANY HOMEOWNERS
EDI HO 03 08 18

 

HOMEOWNERS 3 - SPECIAL FORM — EDI HO 03 —- TABLE OF CONTENTS

 

 

  
 
 
 
  
 

 

 

    
  
 
 
  
  
 
 
 
  
 
 
 
 
  
 
   
 
 
   

  

 

 

 

 

 
  
 
  
 

 

 

 
 
 
 
 
  
 

 

 

 

Page No.
AQICCMENL .......secceeeeseeresreeseeeseesennseseeeseeeeseeeseeesaeseseeeseeeseeeen 1
Definitions .......... seen 1
Section | - Property Coverage: 4
Coverage A — Dwelling ..... 4
Coverage B - Other Structures 4
Coverage C — Personal Property... 4
Coverage D - Loss of Use. 7
Additional Coverages... 8
Section | - Perils Insured Against 15
Coverage A — Dwelling and Coverage B - Other Structures.. 15
Coverage C — Personal Property.. 18
Section I - Exclusions .............-.--. 19
1. We do not insure for loss caused directly or indirectly by any of the followin: 19
a, Law and Ordinance ................ 19
b. Earth Movement and Settlement 20
c. Water Damage 20
d. Power Failure 21
e. Neglect 21
f. War..... 21
g. Nuclear Hazard 21
h. Intentional Loss 21
i. Loss Caused By Sinkhole.. 21
j. “Fungi,” Wet or Dry Rot, Yeast or Bacteria 21
k. Existing Damage.. 21
|. Constant or Repeates 22
m. Accidental Discharge or Overflow of Water or Steam. 22
n. Assignee(s) or Third Parties 22
o. Criminal Acts ...... 22
p. Hurricane Loss to Screened Enclosures, Aluminum Framed Carports and Awnings. 22
q. Home Sharing/Bed and Breakfast ........ 22
2. We do not insure for loss to property described in Cov. Aand B caused by any of the follo' 22
a. Weather conditions 22
b. Act or Decisions .. 22
c. Faulty, Inadequate or Defective: 22
Section I - Conditions ....... 23
1. Insurable Interest and 23
2. Your Duties After Loss.. 23
3. Loss Settlement..... 25
4. Loss to a Pair or Set . 26
5. Glass Replacement 26
6. Mediation .... 26
7. Other Insurance 27
8. Suit Against Us 27
9. Our Option.... 27
10. Loss Payment 27
11. Abandonment of Property 28
12. Mortgage Clause .. 28
13. No Benefit to Bailee 28
14. Nuclear Hazard Clause 28
15. Recovered Property ... 29
16. Volcanic Eruption Period. 29
17. Adjustment to Property Coverage Limi 29
18. Deductible ............. 29
Section Il - Liability Coverages 29
Coverage E — Personal Liability 29
Coverage F — Medical Payments to Othe'S............2:::00000e8 29
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Section Il — Exclusions ... aoe 30
1. Coverage E — Personal Liability and Coverage F — Medical Payments to Others 30

2. Coverage E — Personal Liability ............ 32

3. Coverage F — Medical Payments to Others. 33

4. Personal Injury - does not apply 33
Section Il - Additional Coverages... 34
1. Claim Expenses... 34

2. First Aid Expenses............. 34

3. Damage to Property of Others .. 34

4. Loss Assessment 34
Section Il - Conditions 35
ii 35

35

35

36

5. Payment of Claim — Coverage F — Medical Payments to Others 36

6. Suit Against Us... 36

7. Bankruptcy of an Insured... ene 36

8. Other Insurance — Coverage E — Personal Liability . 36
Sections | and Il - Con 36
1. Policy Period 36

2. Concealment or Frau 36

3. Liberalization Clause . 37

37

37

38

39

39

39

39

39

12. Change in Occupancy or Usage of “Residence Premises’ 39

Important Note: Please read your entire Policy carefully. The endorsements listed on your Policy Declarations and
attached to your policy significantly modify sections of this form and specifically define the terms of your coverage.
Please contact your Insurance Agent if you have any questions concerning your Homeowners Insurance Coverage.

 

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EDI HO 03 08 18

 

HOMEOWNERS 3 - SPECIAL FORM

 

AGREEMENT

 

In reliance on the information you have given us, we agree to provide the insurance coverages indicated in the Policy
Declarations. In return, you must pay the premium when due and comply with the policy terms and conditions, and in-
form us within sixty (60) days of any change of ownership, title, use or occupancy of the “residence premises.”

 

DEFINITIONS

 

In this policy, “you” and “your” refer to the “named insured” shown in the Declarations and the spouse if a resident of

the same household. “We,

us” and “our” refer to the Company providing this insurance. In addition, certain words and

phrases are defined as follows:

 

1. sea injury” means bodily harm, sickness or disease, including required care, loss of services and death that re-
sults.

2. “Business” includes trade, profession or occupation.

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

a. The abrupt collapse of ground cover;

b. Adepression in the ground cover clearly visible to the naked eye;

c. “Structural damage” to the “principal building,” including the foundation; and

d. The insured structure being condemned and ordered to be vacated by the governmental agency authorized by
law to issue such an order for that structure.

4. “Emergency Mitigation Services” means necessary measures taken to prevent covered property from further dam-
age, when the damage or loss is caused by a Peril Insured Against.
5. “Fungi” means any type or form of fungus, including:

a. Mold or mildew; and

b. Any mycotoxins, toxins, spores, scents or byproducts produced or released by “fungi.”

Under SECTION Il, this does not include any “fungi,” yeast or bacteria that are in, are on or are contained in a good

or product intended for consumption.

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

a. Your relatives; or

b. Other persons under the age of twenty-one (21) and in the care of any person named above.

Under SECTION Il, “insured” also means:

c. With respect to animals or watercraft to which this policy applies, any person or organization legally responsible
for these animals or watercraft which are owned by you or any person included in 5.a. or 5.b. above. A person
or organization using or having custody of these animals or watercraft in the course of any “business” or with-
out consent of the owner is not an “insured”;

d. With respect to any vehicle to which this policy applies:

(1) Persons while engaged in your employ or that of any person included in 5.a. or 5.b. above; or
(2) Other persons using the vehicle on an “insured location” with your consent.
7. “Insured Location” means:

a. The “residence premises”;

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10.

11.

12.

13.

b. The part of other premises, other structures and grounds used by you as a residence and:
(1) Which is shown in the Declarations as the “residence premises” covered by this policy; or
(2) Which is acquired by you during the policy period for your use as a residence;
Any premises used by you in connection with a premises in 6.a. and 6.b. above;
Any part of a premises:
(1) Not owned by an “insured”; and
(2) Where an “insured” is temporarily residing;
e. Vacant land, other than farm land, owned by or rented to an “insured”;

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

g. Individual or family cemetery plots or burial vaults of an “insured”; or

h. Any part of a premises occasionally rented to an “insured” for other than “business” use.
“Marring” means to:

Disfigure;

Deface;

Scar; or

aos

Blemish.

“Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harm-
ful conditions, which results, during the policy period, in:

a. “Bodily injury”; or
b. “Property damage.”

All “bodily injury” or “property damage” that is attributable directly or indirectly to one cause or to one series of sim-
ilar causes will be added together and the total amount of such losses will be treated as one occurrence irrespective
of the period of time or area over which such losses occur.

Assault or battery is not an “occurrence,” when committed by or at the direction of an “insured.”
|. “Personal Injury” means:

Injury arising out of one or more of the following offenses:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

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

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

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

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

“Primary Structural System” means an assemblage of “primary structural members.”

. “Principal Building” means the dwelling described in SECTION | - PROPERTY COVERAGES, Coverage A — Dwelling
of the policy.

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

 

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5. “Residence Employee” means:

a. An employee of an “insured” whose duties are related to the maintenance or use of the “residence premises,”
including household or domestic services; or

b. One who performs similar duties elsewhere not related to the “business” of an “insured.”

6. “Residence Premises” means:

17.

18.

19.

20.

21.

a. The one family dwelling, other structures, and grounds; or
b. That part of any other building;
where you reside and which is shown as the “residence premises’ in the Declarations.

“Residence premises” also means a two family dwelling where you reside in at least one of the family units and
which is shown as the “residence premises” in the Declarations.

“Spalling” is a term that describes the disintegration of stone or concrete. It can be produced by a variety of mecha-
nisms, including as a result of:

Projectile impact;
Corrosion;
Weathering;
Cavitation; or

goa2o 7

Excessive rolling pressure (as in a ball bearing).

“Structural Damage” means the “principal building,” regardless of the date of construction, has experienced the fol-
lowing:

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

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

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

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