Motion,Ex Parte: CARR, JAMIE vs. GULFSTREAM PROPERTY & CASUALTY INSURANCE COMPANY

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                                Filing # 103401829 E-Filed 02/17/2020 12:16:38 PM

IN THE CIRCUIT COURT OF THE 14"
JUDICIAL CIRCUIT IN AND FOR
BAY COUNTY, FLORIDA
CASE NO.: 19004412CA
JAMIE AND JENNIFER CARR,
Plaintiffs,

VS.

GULFSTREAM PROPERTY AND
CASUALTY INSURANCE COMPANY,

Defendant.
/

PLAINTIFFS’ MOTION TO STRIKE DEFENDANT’S AFFIRMATIVE DEFENSES

COME NOW Plaintiffs, JAMIE AND JENNIFER CARR, by and through undersigned.
counsel, and hereby file this Motion to Strike Defendant’s Affirmative Defenses, and as grounds
therefore state as follows:

A. INTRODUCTION

1. Plaintiffs filed a Complaint seeking damages as a result ofa breach of contract after
their home sustained damages that were covered under a contract with Defendant.

2. Defendant filed its Answer and Affirmative Defenses on February14, 2020, which
is attached hereto as Exhibit “A”.

3. Plaintiffs’ deny each and every affirmative defense contained in Defendant’s
Answer and Affirmative Defenses.

4. Defendant’s Affirmative Defenses in this action must be stricken as they are bare

legal conclusions, policy regurgitation, and/or plead without any factual support.B. ARGUMENT AND MEMORANDUM OF LAW

5. “Courts do not tolerate shotgun pleadings of affirmative defenses and strike vague
and ambiguous defenses that do not address any particular count, allegation, or legal basis of a
complaint.” Cano v. South Florida Donuts, Inc., 2010 WL 326052 at *1 (S.D. Fla. 2010). 1

6. “Certainty is required when pleading defenses . . . and pleading conclusions of law
unsupported by allegations of ultimate fact is legally insufficient.” Bliss v. Carmona, 418 So. 2d
1017, 1019 (Fla. 3d DCA 1982) (citations omitted).

7. Defendant “must provide more than bare-bones conclusions. Plaintiffs should not
be left to discover the bare minimum facts constituting a defense until discovery.” Holtzman v.
B/E Aerospace, Inc., 2008 WL 2225668 at *6 (S.D. Fla. 2008).

8. When pleading an Affirmative Defense, “the pleader must set forth the facts in such
a manner as to reasonably inform his adversary of what is proposed to be proved in order to provide
the latter with a fair opportunity to meet it and prepare his evidence.” Zito v. Washington Federal
Savings & Loan Association of Miami Beach, 318 So. 2d 175, 176 (Fla. 3d DCA 1975).

9. “Without some factual allegation in the affirmative defense, it is hard to see how a
defendant could satisfy the requirement of providing not only ‘fair notice’ of the nature of the
defense, but also ‘grounds’ on which the defense rests.” Bell Atlantic Corp. v. Twombly, 500 U.S.

544, 556 n. 3 (2007).

Ll. “Florida law will be accorded the same construction as in the federal courts to the extent the
construction is harmonious with the spirit of the Florida Legislation.” O Loughlin v. Pinchback, 579 So. 2d 788, 791
(Fla. 1st DCA 1991); see O'Malley v. St. Thomas University, Inc., 599 So. 2d 999, 1000 (Fla. 3d DCA 1992) (“Florida
courts have looked to the federal courts for guidance in interpreting and applying [Florida law]. Therefore, federal
decisions should be accorded great weight.”).10. “Boiler plate defenses clutter the docket; they create unnecessary work, and in an
abundance of caution require significant unnecessary discovery.” Castillo v. Roche Laboratories,
Inc., 2010 WL 3027726 (S.D. Fla. 2010) (citations omitted).

11. Further, affirmative defenses that “simply den[y] the facts contained in the
complaint and do not raise any new matters” are insufficient as a matter of law. Gatt v. Keyes
Corp., 446 So. 2d 211, 212 (Fla. 3d DCA 1984); see also, Zito v. Washington Federal Savings &
Loan Association, supra (holding that a denial does not constitute an affirmative defense).

12. Hypothetical defenses must be supported by evidence or they are nothing more than
improper speculations. See Castillo v. Roche Laboratories Inc., 2010 WL 3027726 (S.D. Fla.
2010) (“Therefore, ‘factual allegations must be enough to raise a right to relief above the
speculative level’”) (citing Twombly, 550 U.S. at 555); see also Lynch v. State, 2 So. 3d 47 (Fla.
2008); see also Joseph Rozzo, Employee/Claimant vs. Pepsi Bottling Group, Employer and
Sedgwick CMS Carrier, 2014 WL 1599881, at *4 (Fla. Off. Judge Comp. Cl. 2014).

13. In other words, “this heightened pleading standard applies to affirmative defenses.”
Castillo, 2010 WL 3027726 at *2.

14. Additionally, merely stating that Plaintiffs' claims are excluded under a policy and
reciting policy language are insufficient as a matter of law. See Maridian of Palm Beach
Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1364334 at *2 (S.D. Fla. 2007) (“This
affirmative defense is stricken as it does not constitute an affirmative defense and presents
conclusory, bare-bones allegations that Plaintiffs’ damages are either not covered or are excluded
from coverage. This affirmative defense does not advise Plaintiffs how, why or in what way the
coverage is allegedly excluded .... When a 50 plus page insurance policy is involved, such an

allegation could not be any more conclusory.”).15. It is improper to state an affirmative defense that solely “quotes from a portion of
the policy purportedly limiting Defendant’s obligation to pay which merely states that Plaintiffs
failed to comply with ‘all terms of this coverage part.’” See id. at *3 (“This defense is stricken as
wholly conclusory in that it does not provide fair notice as to how the quoted provision applies to
the facts of the complaint.”).

16. The Defendant in the instant action filed three (3) affirmative defenses without
alleging any factual allegations in support, in violation of the rules of pleading. Bare legal
conclusions unsupported by factual allegations should be stricken pursuant to 1.140, Florida Rules
of Civil Procedure. See, Cady v. Chevy Chase Savings & Loan, Inc., 528 So.2d 136 (Fla. 4th DCA
1988). As such, all of the Defendant’s Affirmative Defenses should be stricken.

17. Notwithstanding, Defendant gives no factual support for any of its three (3)
Affirmative Defense stated in its Answer, but instead only make conclusory statements in
contravention of Florida law.

18. Mere conclusory statements amount to nothing more than argument of counsel, and
“argument of counsel is not evidence.” State v. Thompson, 852 So. 2d 877, 878 (Fla. 3d DCA
2003).

WHEREFORE, Plaintiffs, JAMIE AND JENNIFER CARR, respectfully request that this
Honorable Court enter an Order (1) GRANTING Plaintiffs’ Motion in full; (2) Striking
Defendant’s Affirmative Defenses stated above; and (3) for any and all relief this Honorable Court

deems just and necessary.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served on
this 17" day of February, 2020, via the Florida E-Filing Portal to: Kathy J. Maus, Esq., Butler
Weihmuller Katz Craig LLP, 400 North Ashley Drive, Suite 2300, Tampa, FL 33602,
kmaus@butler.legal.

GED LAWYERS, LLP
Attorneys for the Plaintiff
7171 North Federal Highway
Boca Raton, FL 33487
Telephone: (561) 995-1966
Facsimile: (561) 241-0812

Primary Email: pdlitlaw@gedlawyers.com
Secondary Email: blugue@gedlawyers.com

BY: /s/Scott M. Rosso
SCOTT M. ROSSO, ESQ.
Florida Bar No.: 505757
DAVID R. SHAHEEN, ESQ.
Florida Bar No.: 0117947Filing # 103345655 E-Filed 02/14/2020 02:27:02 PM

IN THE CIRCUIT COURT OF THE

14™ JUDICIAL CIRCUIT IN AND

FOR BAY COUNTY, FLORIDA

CASE NO.: 19004412CA

JAMIE AND JENNIFER CARR,
Plaintiffs,

v.

GULFSTREAM PROPERTY & CASUALTY
INSURANCE COMPANY

Defendant.

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO COUNT I,
DEMAND FOR JURY TRIAL, AND MOTION TO DISMISS COUNT II

COMES NOW, the Defendant, GULFSTREAM PROPERTY AND CASUALTY
INSURANCE COMPANY, by and through its undersigned counsel, and responds to the
Complaint filed herein as follows:

1. Admitted for jurisdictional purposes only; otherwise denied.

2. Admitted for jurisdictional purposes only. Otherwise, without knowledge
and therefore denied.

3. Admitted.

4. Admitted.

5. Admitted that policy number FLHP0006123 was issued to the Plaintiffs,
Jamie Carr and Jennifer Carr, for the property located at 1801 New Hampshire Avenue,
Lynn Haven, Florida 32444 (hereinafter the “Policy”), which provided coverage subject

to the terms, limitations, exclusions, and conditions of the Policy. A copy of the Policy is

EXHIBIT

Aattached hereto as Exhibit “A.” The remainder of the allegations contained in
paragraph 5 are denied.

6. Admitted.

7. Admitted that the Policy provided certain coverages at the time of the loss,

which were subject to the terms, limitations, exclusions, and conditions of the Policy.

COUNT I- BREACH OF CONTRACT
8. Defendant readopts and realleges its responses to paragraphs 1 through
7 as if fully set forth herein.
9. Admitted.
10. Admitted that the damages subject to the terms, limitations, exclusions,

and conditions of the Policy were covered.

11. Admitted.
12. Denied.
13. Denied.
14. Admitted.
15. Admitted.
16. Admitted.
17. Denied.
18. Denied.

19. Admitted that the Policy was in effect at the time of the loss and that
Plaintiffs agreed to and paid the premiums for the Policy, which provided coverage
subject to the terms, limitations, exclusions, and conditions of the Policy.

20. Denied.21. Admitted that to date all conditions precedent to bringing this action have
been performed by the Plaintiffs. Denied that any conditions precedent have been
waived.

22. Denied.

23. Without knowledge regarding Plaintiffs’ arrangement with counsel,

therefore denied.

24. Denied.
MOTION TO DISMISS
COUNT II - DECLARATORY JUDGMENT
1. Defendant seeks dismissal of Count || seeking Declaratory relief, which

appears to duplicate the relief sought in Count | of Plaintiffs’ Complaint. Specifically,
Plaintiffs rely on the same factual allegations to assert that Defendant failed to fully
compensate Plaintiffs for their losses.

2. Florida Rule of Civil Procedure 1.140(b)(6) allows dismissal of an action
where a plaintiff fails to state a valid cause of action. The Court’s analysis of the
sufficiency of the Complaint is limited to the four corners of the Complaint, and the facts
asserted therein should be accepted as true. Della Ratta v. Della Ratta, 927 So. 2d
1055 (Fla. 4" DCA 2006).

3. To assert a valid cause of action for declaratory relief, Plaintiffs must plead
and show that there is a bona fide, actual, present and practical need for the declaration
sought, as well as a doubt as to the existence or non-existence of a right or status. See
DeCampos v. Ferrera, 90 So. 3d 865 (Fla. 3d DCA 2012) (citing State Dep't of Envtl.

Prot. V. Garcia, 99 So. 3d 539 (Fla. 3d DCA 2011).4. “The purpose of a declaratory judgment is to afford parties relief from
insecurity and uncertainty with respect to rights, status, and other equitable or legal
relations.” Santa Rosa County v. Admin. Com’n Div. of Admin. Hrgs., 661 So. 2d 1190
(Fla. 1995) (citing Martinez v. Scanlan, 582 So. 2d 1167, 1170 (Fla. 1991).

5. “A litigant is not entitled to seek declaratory relief as a matter of course -
instead, a Court may allow a declaratory judgment action to proceed in its discretion.
Kelner v. Woody, 399 So. 2d 35 (1991) (declined to extend for other reasons in Orange
County v. Expedia, Inc., 985 So. 2d 622, 629 (Fla. 5"" DCA 2008).

6. “If a case does not come clearly within the limitation upon the judicial
power to render a declaratory judgment, the case must be dismissed. Garcia, 99 So. 3d
at 545 (citing May v. Holley, 59 So. 2d 636, 639 (Fla. 1952)).

7. “Courts have generally held that dismissal of a claim for declaratory relief
is proper when it is apparent on the face of the complaint that the ‘real dispute is a
factual one.” Girard v. American Security Ins. Co., Case No. 16-cv-61335, 2016 WL
4264054 *2 (S.D. Fla. Aug. 12, 2016).

8. Here, it appears that Plaintiffs are asking the Court to declare issues of
fact, namely that the Property was a “total loss” and that Defendant's liability under the
Policy for the loss is the amount of money for which the Property was insured.

9. Although Florida’s Supreme Court has recognized that a declaratory
action may proceed where a Court is required to determine the existence or non-
existence of a fact in a declaratory judgment action, it appears that Plaintiffs’ Complaint
requests more than just the determination of the existence or non-existence of a fact.

See Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004). Instead, theComplaint appears to ask the Court to sit in the shoes of the jury and determine whether
the damages constitute a total loss and that Defendant is required to pay the limits of
coverage under the Policy.

10. As the Court in Girard noted, a declaratory action cannot be maintained
where the court is requested to “weigh the evidence at issue and rel[y] upon the factual
dispute alone to support the need for declaratory relief.” Girard, at *3.

11. Also, Florida courts have recognized that a Complaint for declaratory relief
must be dismissed when it fails to allege or establish the existence of a justiciable
controversy cognizable under the Declaratory Judgment Act, such as an ambiguity in
the Policy. See Porkolab v. Smithbay Homes, Inc., 640 So. 2d 195 (Fla. 3d DCA 1994);
Silvester v. American Family Life Assurance Co., 2014 WL 1689277 (S.D. Fla. April 29,
2014).

12. Here, Plaintiffs fail to cite to any Policy provision that is ambiguous or
requires interpretation. Accordingly, Plaintiffs’ declaratory count does not meet the
threshold requirements of the Declaratory Judgment Act.

13. Moreover, Courts have held that a declaratory action must be dismissed
where a breach of contract action essentially mirrors the allegations of the declaratory
count, such as here. See Miami Yacht Charters v. National Union Fire Ins. Co., 2012
WL 1416428 (S.D. Fla. April 24, 2012) and Fernando Grinberg Trust Success Int!
Properties v. Scottsdale Ins. Co., 2010 WL 2510662 (S.D. Fla. June 21, 2010).

14. Plaintiffs’ Declaratory count relies on the same facts and appears to mirror

the breach of contract action.16. Plaintiffs’ Complaint makes it clear that the real dispute is purely factual in
nature. Accordingly, dismissal of Count || of Plaintiffs’ Complaint seeking declaratory
relief is warranted.

WHEREFORE, the Defendant, GULFSTREAM PROPERTY & CASUALTY
INSURANCE COMPANY, by and through the undersigned counsel respectfully
requests this Honorable Court enter an Order Granting the Defendant's Motion to
Dismiss Count II and for all other relief this Court deems just and proper.

AFFIRMATIVE DEFENSES
TO COUNT | —- BREACH OF CONTRACT
FIRST AFFIRMATIVE DEFENSE

As its first affirmative defense, Defendant asserts that it is entitled to a setoff for
all payments previously made by Defendant to the Plaintiffs in connection with the
subject claim.

SECOND AFFIRMATIVE DEFENSE

The Policy is subject to a deductible of $4,032.00. To the extent Plaintiffs

recover anything herein, such recovery would be subject to the deductible.
THIRD AFFIRMATIVE DEFENSE

As its Third Affirmative Defense, Defendant asserts that the Plaintiffs’ recovery in
this action, if any, is barred and/or limited as some or all of the Plaintiffs’ alleged
damages are not covered pursuant to the following language of the policy:

SECTION I - EXCLUSIONS
A. We do not insure for loss caused directly or indirectly
by any of the following. Such loss is excluded

regardless of any other cause or event contributing
concurrently or in any sequence to the loss. Theseexclusions apply whether or not the loss event results
in widespread damage or affects a substantial area.

2. Earth Movement

Earth Movement means:

a. Earthquake, including land shock waves or
tremors before, during or after a volcanic
eruption;

b. Landslide, mudslide or mudflow;

c. Subsidence or sinkhole; or

d. Any other earth movement including earth

sinking, rising or shifting;

* * *

SECTION I - PROPERTY COVERAGES
Under COVERAGE A - Dwelling

The following paragraph is added:

3. We do not cover “Carport(s)’, “Pool Cage(s) or
Screen Enclosure(s)” for “hurricane loss”.

Under COVERAGE B - Other Structures
The following paragraph is added:

4. We do not cover “Carport(s)’, “Pool Cage(s) or
Screen Enclosure(s)” for “hurricane loss”.

* * *

WHEREFORE, the Defendant, GULFSTREAM PROPERTY AND CASUALTY
INSURANCE COMPANY, respectfully requests judgment in its favor, costs of this action
and such other relief as this Court deems appropriate under the circumstances.

Defendant demands a jury trial on all issues so triable as a matter of right.BUTLER WEIHMULLER KATZ CRAIG LLP

 

KATHY J. MAUS, ESQ.

Florida Bar No.: 0896330

kmaus@butler.legal

JULIUS F. PARKER, Ill, ESQ.

Florida Bar No.: 0160857

jparker@butler.legal

Secondary: apinnock@butler.legal

Mail Center: 400 North Ashley Drive, Suite 2300
Tampa, FL 33602

Telephone: (850) 894-4111

Facsimile: (850) 894-4999

Counsel for Defendant, Gulfstream Property and

Casualty Insurance Company

CERTIFICATE OF SERVICE
| certify that a copy hereof has been furnished to:

Scott M. Rosso, Esq.

David R. Shaheen, Esq.

GED Lawyers, LLP

7171 North Federal Highway

Boca Raton, FL 33487
pdlitlaw@gedlawyers.com
Secondary: bluque@gedlawyers.com
Attorneys For: Plaintiffs

by e-Portal and e-Service on February 14, 2020.

Ved, Qube
Cyt

 

JULIUS F. PARKER, III, ESQ.Gulfstroam Suifstream Proporty and Homeowners Policy Declaration
froperty ong Canaty Casualty Insurance Company Renewal
es

‘$249 Faylor Lane:

Sono Prautenon ion ve therteren' Sarasota, FL 34240
‘Customer Service: 1-885-485-2004

 

 

 

 

Policy Number; FLHPooGs123 Policy Effective Date: FUORZAT

lProcess Date: opvig017 14:14 PM Policy Expiration Date: 41/03/2018 12:01 AM at property address

Named Insured and Mailing Address: Agency: 70332700

Jennifer Carr BRIAN TAYLOR INSURANCE INC:

damie!Carr Address;

1801 New Hampshire Ave 8406 PCB PKWY STE L

Lynn Haven, FL 32444-4919 PANAMA CITY BEACH, FL 32407

Phone Number: (850)9 19-9677 Phone Number: (650)249-8060

Email Address: JSMIE.CARR@COMCAST.NET Email Address: BRIAN@BRIANTAYLORINSURANCE NET
Renewal Change(s}: ‘The amount of premium increase due to approved rate increase is: ($14.00)

The amount of pramium increase due to coverage change is: $196.00

Property Coverage A limil increased at renewal dua to en Inflation factor of 7.048, as determined by the “Xactware Index
to maintain insurance to the approximate replacement cost of your home.

 

In return for the payment of premium, coverage is provided where premium and limit of liabilfty are shown. Fload coverage is not provided by this policy.

 

insured Location; 4801 New Hampshire Ave:
Lynn Haven, FL 32444-4119

 

 

Policy Premium: $1,476.00 Fees/Assessments: $27.00 Total Annual Premium: $1,503.00

Coverage Limit Premium
Coverage A - Dwelling $201,600 $1,945.00
Coverage 8 - Other Structures: $4,032 included
Coverage C - Personal Property $80,640 {$40,00)
Coverage D - Lass Of Use $20,160 Included
Coverage E - Personal Liabillty $300,000 $30.00
Coverage F - Medical Payments. $5,000 Included

Total Basic Premium: $1,935.00

IN CASE OF LOSS WE COVER ONLY THAT PART OF THE LOSS OVER THE DEDUCTIBLE AMOUNT.
PLEASE SEE IMPORTANT NOTICES ON PAGE 4.

 

Hurricane Premium sub-total: $850.00 Non-Hurricane Premium sub-total: $626.00

Hurricane Deductible: 2% = $ 4,032
Ail Other Peril Deductible: $2,500

Law and Ordinance: 25 %

 

 

Property Characteristics:
Form: HO-3 Protection Class: 03 Construction Type: Frame
BCEG: og Occupancy: ‘Owner Occupied
Territory: 721 - Bay - Remainder Month/Year Built: 07/1993. Usage: Primary
AUTHORIZED COUNTERSIGNATURE oani0%2017
Insured Copy (section continued on page 2) GSDEC 02 14

Page 1 of §Gulfstrpam Gulfstream Property and Homeowners Policy Declaration
‘xara Casualty Insurance Company Renewal
5249 Payior Lane

sie inten tox ne Wica ‘Sarasota, FL 54240
‘Customer Service: 1-856-485-3004

 

 

 

 

 

 

 

‘olicy Number: FLHPO006 123 Policy Effective Date: 1032017
rocess Date: O910/2017 14:14 PM Policy Expiration Date: 11/03/2018 12:04 AM at property address:

‘County: 0005-Bay County ‘Structure Type: Oweilling Number of Families; 4 Family

Burglar Alarm: None: Fire Alarm: None, Automatic Sprinklers: None

Mitigation Characteristics:

Building Code Indicater: Prior ta: 2002 Opening Protection: None

Roof Cover: FBC Equivalent Roof Geometry: Gable

Roof Deck Attachment: 6d @ 612" Secondary Water Resistance: No SWR

Roof Wal} Connection; Clips

Additional Coverages/Endorsements/Exclusions Limit Premium

GP DO 63 12- Deductible Options Notice

GP HOM 01411 - Policy Jacket

GP OL 01 07 + Important information Regard Law and Ordinance

GP 101 01 OF - Animal Liability Exctusion

GP 107 01 07 ~ Home Day Care Exclusion

GP 108 01 07 - Trampoline Liability Exctusion

GPH OC 1044 Outline of Coverage

GPH 160 0214 - Catastrophic Ground Cover Collapse

6S 1288 02 17 - Privacy Notice

ILP Oot 01 04 - OFAC Advisory Notice

OIR-B1-4676 0706 - Checklist of Coverages

HO 00 63 10.00 - Homeowners 3- Special Form

FLP SP HO3 08 16 - Special Provisions - Florida

OIR-B1-1655 02 10 = Notice Premium Discount fer Hurticane Loss Mitigation

GP 0490 06 09 - Replacement Cost Contents $176.00

GSFLNCPT HO3 12 16 ~ Notice of Change in Policy terms

GP 109 0816 ~ Carportis), Poot Cage(s} ard Sereen Enclosure(s)

GPH EB 03.12 - Equipment Breakdown $50.00

GS CGCE 02 14 ~ Catastrophic Ground Cover Collapse

HO3-IDX 10.00 - Policy Index

GS WL 08 10 - Windstorm Loss Mitigation Device Credits (Notice)

HO 03 34 05 03: - Limited Fungi, Wet or Dry Rot or Bactetia Sec fl Liability Coverage

HO 03 52 01 06 - Calendar Year Hurricane Deductible a
Total Endorsement Premium: §225.00

Discounts and Surcharges Premium

Mitigation Credit $684.00

Total Discounts and Surcharges Premium: ($684.00)

 

Fees and Assessments Premium
Emergency Management Preparedness and Assistance Trust Fund Surcharge $2.00
Managing General Agency Fee $25.00
Insured Copy {section continued on page 3) GSOEC 02 14

Page 20f5Gulfstr pam Gulfstream Property and

  

Homeowners Pollcy Declaration

 

 

 

 

Preseorees canal Casualty Insurance Company Renewal
2 $240 Paylor Lane
Seine Pronenay toe me Derren Sarasola, FL 24249
Customer Senate; 1-485-485-3004
Policy Number: FLHPOO06423. Policy Effective Data; 05/2017
iProcess Date: 09/10/2017 11:14 PM Policy Expiration Date; 1103/2018 12:07 AM at property address
Totai Fees And Assessments: $27.00

Insured Copy GSOEC 02 14

Page 3 of &Gulfstrpam Gulfstream Property and Homeowners Policy Declaration
‘Seeetteped cencat Casualty Insurance Company Renewal
ea 5240 Paylor Lane
fou Preenos tor pe theres Sarasota, FL 34240
Customer Senece; 1-866-485-2004

 

 

 

 

 

Policy Number: FLHPO006123- Policy Effective Date: FOS2017
Process Date: 09/10/2017 11:14 PM Policy Expiration Date: 11/03/2018 12:01 AM at property address
Total Premium $4,503.00
MORTGAGEE(S):
Name and Address; Tyndall Federal Credit Union isaoa Atima
PO Box 59760

Panama City, FL 32472-0760

Assigned Te: 1801 New Hampshire Ave, Lynn Haven, FL, 32444-4149 interest Type: Mortgagee
Loan #: 7B¥500-80 Rank: 4 Payor: ‘Yes
Remarks:

 

OTHER INTEREST(S):
None

 

NOTICES

THIS REPLACES ALL PREVIOUSLY ISSUED POLICY DECLARATIONS, IF ANY. THIS POLICY APPLIES ONLY TO ACCIDENTS,
OCCURRENCES, OR LOSSES WHICH HAPPEN DURING THE POLICY PERIOD SHOWN ABOVE.

A tate adjustment of 0.0% Is included to reflect bulkiing cade grade in your area, Adjustments sange from 2% to 14% cradit.

Avrate adjustment of 0.0% credit |s Included to reflect the Windstorm Mitigation Device Credit. This credit applies only to the wind portion of your
premium. Adjustments range from 0% to 90% credit.

 

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.

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

Insured Copy GSDEC 02 14
Page 40f5Gulfstegam Suitstraam Property and Homeowners Policy Declaration
‘represen Casualty Insurance Company Renewal
ee $240 Payior Lane

Soe Proncupy ees me theca Sarasota, FL 34240
Customer Service: 1-868-485-3004

 

Policy Rumiber: FLHPORO8123 Policy Effective Date: 4903/2017
Process Date: OB/1O/2047 11.44 PM Policy Expiration Date: 11/03/2018 12:01 AM at property address

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.

 

insured Copy GSOEC 02 14
Page 5 of 5Gulfstream Property and Casualty Insurance Company Homeowners
GP DO 03 12

Gulfstream Property and Casualty Insurance Company
DEDUCTIBLE OPTIONS NOTICE

Gulfstream Property and Casualty Insurance Company (Gulfstream) is required to notify all
Policyholders of the availability of a $500 deductible for All Other Perils covered by your policy except
Hurricane and Sinkhole.

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 to you. All of these deductible
options may not be available to you due to the value of your dwelling.

in Forms HO 00 03 and HO 00 06:

Gulfstream offers as standard, deductibles of 2% for hurricanes and $1,000 for all other perils. in
addition, we offer the opportunity for you to buy lower deductibles for additional premium, or select
higher deductibles for a premium credit, Hurricane deductible options are $500, 5% and 10%. All
Other Peril deductible options are $500, $1000, $2500 and $5000. In the event you select a lower
hurricane deductible and have suffered a hurricane loss under this policy, such lower selected
deductible will not take effect until Jan. 1 of the following calendar year.

In Form HO 00 04:

Gulfstream offers as standard, deductibles of 2% for hurricanes and $1,000 for all other perils. In
addition, we offer the opportunity for you to buy lower deductibles for additional premium, or select
higher deductibles for a premium credit. Hurricane deductible options are $500 and 2%. All Other Peril
deductible option is $500.

if Sinkhole Loss Coverage is provided there is a 10% mandatory deductible for Form HO 00 03.
The All Other Perils deductible applies to Forms HO 00 04 and HO 00 06.

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

you do not respond to this notice of have not already selected an optional deductible, a 2% annual
hurricane deductible and a $1000 deductible for All Other Perils will apply to your policy.

GP DO 03 42 Page 1 of 1Gulfstr cam

Property and Casualty
Insurance Company

 

Preferred
Homeowners
Insurance Policy

Gulfstream Property and Casualty Insurance Company
5240 Paylor Lane
Sarasota, FL 34240
Customer Service/Underwriting:
866-485-3004
Claims:
866-485-3005

GP HOJ1 01 14POLICY 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, Gulfstream
Property and Casualty Insurance Company is proud to extend to you the
coverage offered by this insurance contract.

 

President

GP HOW 0111Gulfstsream Property and Casualty insurance Company GP OL 0107

IMPORTANT NOTICE TO POLICYHOLDERS

Important Information Regarding
Law and Ordinance Coverage

All Florida communities have laws or building codes that affect the reconstruction of
damaged buildings. Law and Ordinance Coverage is an additional coverage that applies
to the increased construction cost resulting from enforcement of building codes when
repairing or replacing a covered building or structure after a covered loss.

The amount of additional coverage Is expressed as a percentage of the Coverage A -
Dwelling amount shown on the Policy Declarations for a Homeowners 3 - Special Form
and Homeowners 6 - Unit Owners Form.

For a Homeowners 4 Contents Broad Form (Tenant Homeowners Policy), the amaunt of
Law and Ordinance Coverage is based on the amount of Building Additions and
Alterations, Coverage C on the Policy Declarations.

The current limit of lability is shown on you policy declarations. If you have not
specifically selected the 50% coverage level, your policy will be issued with 25% of this
additional coverage.

If you are interested in adjusting the amount of this additional coverage, please contact
your agent at the address or telephone number on your policy declarations.

if you don’t respond to this notice, the coverage limit for Ordinance and Law will remain
shown on your declarations.

 

0 ! select 25% Ordinance and Law Coverage and reject 50% Ordinance and
Law Coverage.
Oo | select 50% Ordinance and Law Coverage and reject 25% Ordinance and
Law Coverage.
Applicant / insured Date

Print Applicant / Insured Name
FLHPO008123
Policy Number

Property Street Address

City, State and Zip code.

GP OL 01 07 Page 1 of 1Gulfstream Property and Casualty Insurance Company Homeowners
GP 101 01 07

ANIMAL LIABILITY EXCLUSION ENDORSEMENT

Your policy is changed to read under COVERAGE E — PERSONAL LIABILITY we will NOT cover any
damages caused by any animal owned or kept by any insured whether or not the injury occurs on your
premises or any other location. All other provisions and exclusions apply.

Under DAMAGE TO PROPERTY OF OTHERS SECTION we will NOT cover property damage caused

by any animal owned or kept by any insured whether or not the injury occurs on insured premises or
any other location. Ail other provisions and exclusions apply.

GP 10101 07 Page 1 of 1Gulfstream Property and Casualty Insurance Company

Homeowners
GP 107 04 07

THIS ENDORSEMENT DOES NOT CONSTITUTE A REDUCTION OF COVERAGE.
NO SECTION II —- LIABILITY COVERAGES FOR

HOME DAY CARE BUSINESS
LIMITED SECTION I - PROPERTY COVERAGES FOR
HOME DAY CARE BUSINESS

if an “insured” regularly provides home day care

services to a person or persons other than "in-

sureds" and receives monetary or other compen-

sation for such services, that enterprise is a

"business." Mutual exchange of home day care

services, however, is not considered compensa-

tion. The rendering of home day care services
by an “Insured” to a relative of an "insured" is not
considered a “business.”

Therefore, with respect to a home day care en-

terprise which is considered to be a “business,”

this policy:

1. Does not provide Section |! — Liability Cover-
ages because a “business” of an “insured” is
excluded under exclusion 5.b. of Section 11 —
Exclusions;

2. Does not provide Section | - Coverage B
coverage where other structures are used in
whole or in part for "business";

GP 107 0107

3. Does not provide:

a. Section H coverages. This is because a
"business" of an “insured” is excluded
under E.2. of Section Il — Exclusions;

b. Coverage, under Section |, for other
structures from which any "business" is
conducted; and

4.Limits Section | Sovelaee. under Coverage C —

Special Limits of Liability, for "business*

property:

a. On the “residence premises" for the
home day care "business" to $2,500.
This is because Category h. (e. in Form
HO 00 08) imposes that limit on “busi-
ness” property on the "residence prem-
ises*;

b. Away from the “residence premises" for
the home day care “business” to $250.
This is because Category i. (f. in Form
HO 00 08) imposes that limit on “busi-
ness" property away from the "resi-
dence premises". Category |. does not
apply to property described in Catego-
ries j. and k. (g. and h. respectively in
Form HO 00 08).

Page 1 of 1Gulfstream Property and Casualty Insurance Company Homeowners:
GP 108 01.07

THIS ENDORSEMENT CHANGES YOUR POLICY, PLEASE READ IT CAREFULLY.

TRAMPOLINE LIABILITY EXCLUSION
{Use with Forms HO 00 03, HO 00 04 and HO 00 06)

SECTION Il~ EXCLUSIONS

The following is added to paragraph F. Coverage E - Personal Liability does not apply to:

7. “Bodily injury” Viability arising out of the use of a trampoline on the insured premises; or the
supervision by an insured of trampoline usage off of the insured premises. A trampoline is defined
as a rebounding device, constructed of a resilient sheet or web, supported by springs in a metal
frame, and used as a springboard and landing area in tumbling and gymnastic springing.

All other provisions of this policy apply.

GP 108 01 07 Page 1 of 1Gulfstream Property and Casualty Insurance Company
OUTLINE OF COVERAGE ~ HOMEOWNERS POLICY

This outline Is provided to help you more easily
understand your Gulfstream Property and Casualty
Insurance Company Homeowners Policy. it highlights the
major coverages, exclusions, limitations and deductibles of
your policy and provides inforrration on discounts,
surcharges, cancellation and nonrenewal.. However this is
just 2 guide and not'a legal contract.

Please read your Homeowners policy carefully

for complete descriptions and details.

The following Outline is for informational purposes anly.
Florida law prohibils the Outline form changing any of the
provisions of the insurance contract, which is the subject of
this Outline. Any endorsement including changes in types
of coverage, coverage limits, exclusions, deductibles,
renewal or cancellation provisions, surcharges, credits, or
any other changes wilt be sent separately.

SECTION |~ PROPERTY COVERAGE

Coverage A- Owelling
Applies to your residence premises, protects your dwelling
and structures attached to your dwelling.

it also protects against covered toss to building materials

jocated'on your residence premises, which are being used
in-connection with your residence premises. The Coverage
A amount shown on your policy declarations should reflect
the cost replacing your home at current construction costs.

Coverage B — Other Structures

Protects against covered loss lo structures on your
residence premises other than the primary dwelling. The
standard coverage amount is 2% of the Coverage A
amount. You may need to purchase an additional amount
of insurance (up to 10%of Coverage A is avaiable) to
caver unallached garages, storage buildings as well as.
pool enclosures and other screened enclosures not under
the dwellings roof which are collectively covered up to the
Coverage 8 limit shown on the policy declarations.

Coverage € ~ Personal Property

Protects against covered loss to your personal property
such as clothing and furniture. Special fimits apply to some
types of personal property including but not limited to:
money, securities, watercraft, firearms, silverware
electronic devices business property and theft of jewelry.
Under certain circumstances, the property of others may
be covered.

There are aisa sore items not covered under Coverage:
“CO”. Examples include animals, motorized vehicles,
property in a rental unit and property of roomers, boarders,
‘or other tenants.

Coverage 0 — Additional Living Expense

Protects against loss resulting from any additional living
expehses 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. However, coverage is limited to
24 consecutive months from the date of foss and other
specified limitations.

ADDITIONAL COVERAGE

The following additional coverages are extended through
the Homeowners insurance Policy. Refer to your policy to
detennine specific limits or limitations:

Debris Removal

Reasonable Repairs,

Treas, Shrubs and Other Plants.

Fire Departrnent Service Charge

Property Removed

Credit Card, Fund Transfer Card, Forgery

GPH OC 1011

Counterfeit Maney

Loss Assessment

Collapse

Glass or Safety Glazing Material
Fung!, Wat or Ory Rot, or Bacteria

PERILS INSURED AGAINST

This policy insures to the limits of Coverages "A’, “Band "C",
against sudden and accidental direct physical losses except as
limited or excluded by your policy, caused by:

Fire of lightening

Windstorm or hail

Explosion

Riot or civil commotion

Aircraft

Vehicles

Smoke

Vandalism or malicious mischief

Theft

Falling objects

Accidental discharge or overflow of water

Freezing of plumbing or household appliances

PROPERTY EXCLUSIONS

‘This policy does not provide protection under Coverages "A", “B*
and “C", if applicable to your policy for losses resulting in any
manner from:

‘Ordinance or Law (above your selection of 25% or 50% of
Coverage "A’)

Earth Movement, other than a covered Catastrophic Ground
Cover Collapse

Flood, or surface water

Water below ground surface

Water which backs up through sewers, drains or Overflows from
‘sump pumps

Off Premises Power Failure

Neglect

War or Nuclear Hazard

Intentional or Criminal Acts

Note: (1) if your property is located in an area eligible for a
Wind Coverage Policy from the Citizens Property Insurance
Corporation, “Windstorm or Hail” coverage may be
excluded from your policy. Be sure to obtain this important
eoverage If it has been excluded from your policy.

Note: (2) Flood Coverage is net provided by your
Homeowners Policy. Flood Coverage is available thru tha
National Flood insurance Program. Your Insurance Agent
can assist you in obtaining this valuable protection.

SECTION It - LIABILITY COVERAGE

Coverage E - Personal Liability

Generally provides coverage for bodily injury or property damage
you or a person insured under your policy are jegally obligated to
pay. The bodily injury or property damage must arise from an.
occurrence covered under Section {I of your policy. Coverage is
excluded for intentional acts, business activities, professional
services, abuse and acts arising from use of a controlled
substance and specific coverage sub limits may be applied in
specific circumstances. Coverage for Animat Liability and Home
Day Care Operations are excluded from coverage by specific
endorsement,

Coverage F ~ Medical Payments To Others

Provides coverage for reasonable and necessary medical
expenses if a quest is injured on your premises or off the insured
premises under certain circumstances. The bodily injury must

Page 1 of 2Gulfstream Property and Casualty Insurance Company
OUTLINE OF COVERAGE - HOMEOWNERS POLICY

arise from an occurrence covered under Section fl of your
policy with limited exceptions.

Note: Coverage “E” Personal Liability and Coverage "F*
Madical Payments To Others do not apply to “Bodily Injury"
ar "Property Darnage” arising out of the ingestion or
inhalation or lead on any form of substance, Injury resulting
from exposure to radon and pollutants are also excluded.

NONRENEWAL AND CANCELLATION PROVISIONS:

All cancellations are granted a pro-rata return of premium.
Pro-rata means no penalty for early cancellation.

Your Right To Cancal

‘You tay cancel the policy at any time, for any reason, by
giving advance written notice of the fulure cancellation
effective date.

Our Right To Gancel - 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 by giving you
at least 20 days notice before the cancellation effective
date, When the policy has been in effect for 90 days or less
and there has bean a material misstatement,
misrepresentation, or failure to comply with underwriting
requirements, 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 100 days
before the cancellation becomes effective,

For any cancellation that would be effective between June
4 and November 30, we will mail written notice at least 100
days or by June 4, which ever is earlier, 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.
Unless the cancellation is due to nonpayment of premium,
we will provide you with at least one hundred eighty (120)
days written notice prior fo the effective date of cancellation
in the event you have been insured by us or-an affiliate for
a period of at least five (5) consecutive years immediately
prior fo the issuance of the notice.

Nonrenewal - |f we do nol intend to renew your policy, we
vall mait written notice to you. We will do so at east 100
days belore the expiration date of the policy. For any
nonrenewal that would be effective between June 1 and
November 30, we will mail the notice by at least 100 days
or by June 1, whichever is-earlier, before the expiration
date of the policy.

We will provide you with at least one hundred eighty
{120} days written notice prior to the effective date of
nonrenewel in. the evant you have beer insured by us or
an affiliate for a period of at least five (5) consecutive
years immediately prior ta. the issuance of the notice.

Renewal

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

The following are premium credits available on your.
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 a premium credit,

Building Code Compliance and Wind Mitigation
GPH OC 10 11

‘This credit is available on homes built in compliance with the
2001 Florida Building Code designed to lessen the effect of
losses resulting from windstorms and hurricanes.

Superior Construction
Cenain homes of fire resistive and wind resistive construction
are eligible for a premium credit.

Secured Community/Building
Communities and Buildings meeting certain requirements are
eligible for a premium credit.

AVAILABLE POLICY OPTIONS

Personal Property Replacement Cost
Scheduled Personal Property

Personal Property Special \.imits of Liability
Deductibla Options (see below}

Increased Liability and Medical Payments Limits
increased Limits Personal Property

increased Special Sub Limits for Fungi,

Wet or Dry Rot, or Bacteria

Permitted Incidental Occupancies

Loss Assessment Coverage — Increased Limits
Other Structures - Increased Limits

‘Ordinance or Law ~ Increased Coverage
Business Property ~ Increased Limits

Building Additions & Alterations — Increased Limits (form HO-4)
Unit-Owners coverage A ~ increased and Special Limits (For
HO-6)

Unit-Owners Rental to Others (Form HO-G)
Special Computer Coverage

Refrigerated Personal Property

Water Back Up and Sump Overflow

Animal Liability.

Golf Cart Liability and Physical Damage’

Loss of Use — Increased Limits

Pool Cages, Screen Enclosures and Carports
identity Theft Expense

Personal injury

Additional Amounts of Insurance

Sinkhole Loss Coverage

Deductible Options Notice:

Gulfstream Property and Casualty insurance Company is
required to notify all Policyholders of the availability of a
$500 deductible for all perils covered by your policy except
Hurricane

A hurricane deductible of 2% and an All Other Perils of
$1,000 are standard,

The deductible is the value of the loss you must incur
before this policy pays.

Deductible options greater than the standard deductibles
may be available at a premium credit.

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

Hurricane deductibla options are $500, 2%, 5% and 10%.

All Other Peril deductible options are $500, $1000, $2500
and $5000.

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,

Florida Law limits the options we can offer to certain
coverage levels,

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

Page 2 of 2Gulfstream Property and Casualty Insurance Company GPH 160 02 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CATASTROPHIC GROUND COVER COLLAPSE

SECTION | - PERILS INSURED AGAINST
Catastrophic Ground Cover Collapse

The following peril is added:

Catastrophic Ground Cover Collapse means geological activity that results in all of the following:
(1) The abrupt collapse of the ground cover;
{2} A depression in the ground cover clearly visible to the naked eye;
(3) Structural damage to the building, including the foundation; and

{4} The insured structure being condemned and ordered to be vacated by the governmental agency
authorized by faw to issue such an order for that structure,

Contents coverage applies if there is a loss resulting from a catastrophic ground cover collapse; unless the loss is
excluded elsewhere in the policy,

Structural damage consisting merely of the settling or cracking of a foundation, structure, or building does not
constitute a loss resulting from a catastrophic ground cover collapse.

The Section | - Earth Movement and Settlement Exclusion does not apply to Catastrophic Ground Cover
Coltapse.

All other provisions of this policy apply.

GPH 16002 17 Page 1 of 1Gulfstr am

Dear Policyholder:

A federal law requires us, as your residential properly insurer, to provide you with a copy of our
Privacy Policy. We are glad to have this opportunity to do se and to communicate to you our
commitment to guard against inappropriate disclosure of nonpublic personel information.

 

 

Our Privacy Policy

We collect and use (and only those employees who need to know use) information necessary to

administer your policy and provide you with efficient customer service. We maintain physical,

electronic and procedural safeguards that comply with federal regulations to guard your nonpublic
personal information, We collect and maintain several types of information needed for these
purposes, such as those 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 haw long you've been our insured,
your payment history, what kind of coverage you have, underwriting information and claims
information.

» Information received from a consumer reporting agency.

Limited Disclosure

We do not disclose any nonpublic personal information about you or any of our policyholders to
anyone except as permitted or required by law.

Protecting Confidentiality

When we share nonpublic personal information about you, as permitted by law, we protect that
personal information with a confidentiality agreement that obligates the recipient of the
information to keep It confidential.

 

GS 1288 (02/2047)IL P 001 01 04

U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN
ASSETS CONTROL ("OFAC")
ADVISORY NOTICE TO POLICYHOLDERS

No coverage is provided by ihis Policyholder Notice nor can it be construed to replace any provisions of your
policy, You should read your policy and review your Declarations page for complete information on the cover
ages you are provided,

This Notice provides information concerning possible impact on your insurance coverage due to directives issued
by OFAC. Please read this Notice carefully.

The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential
declarations of “national emergency”, OFAC has identified and listed numerous:

® Foreign agents;

® Front organizations;

® Terrorists;

® Terrorist organizations; and
@ Narcotics traffickers;

as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas-
ury's web site — htlp/www-treas.gow/ofac.

in accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity
claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and
Blocked Person, as identified by OFAC, this insurance will be considered a blacked or frozen contract and all
provisions of this insurance are immediately subject to OFAC, When an insurance policy is considered to be
such a blocked or frozen contract, no payments nor premium refunds may be made without authorizalion from
OFAC. Other limitations on the premiums and payments also apply.

IL P 007 01 04 © 1SO Properties, inc., 2004 Page 1 of 1HOMEOWNERS
HO 0003-10 00

HOMEOWNERS 3 — SPECIAL FORM

AGREEMENT

We will provide the insurance described in this policy
in return for the premium and compliance with all
applicable provisions of this policy.

DEFINITIONS.

A, In this policy, "you" and "your" refer to the “named
insured" shown in the Declarations and the spouse
if a resident of the same household. "We", “us”
and “our” refer to the Company providing this in-
surance.

B. In addition, certain words and phrases are defined
as follows:

1. “Aircraft Liability", "Hovercraft Liability", “Motor
Vehicle Liability’ and “Watercraft Liability”,
subject to the provisions in b. below, mean the
following:

a. Liability for “bodily injury" or "property dam-
age” arising out of the:
(41) Ownership of such vehicle or craft by an
"insured":

(2) Maintenance, occupancy, operation,
use, loading or unloading of such vehi-
cle or craft by any person;

{3} Entrustment of such vehicle or craft by
an “insured” to any person;

{4} Failure to supervise or negligent super-
vision of any person involving such ve-
hicle or craft by an “insured”; or

(8) Vicarious. liability, whether or not im-
posed by law, for the actions of a ch