Preview
Filing # 100066387 E-Filed 12/10/2019 11:48:53 AM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
CIVIL DIVISION
JACK AND SELINA JOHNSTON,
Plaintiffs, Case No. 19004472CA
vs.
PEOPLE’S TRUST INSURANCE
COMPANY,
Defendant.
/
COMPLAINT FOR BREACH OF CONTRACT
AND DEMAND FOR JURY TRIAL
COME NOW the Plaintiffs, JACK AND SELINA JOHNSTON ("MR. AND MRS.
JOHNSTON"), by and through the undersigned counsel, and hereby file their Complaint
for Breach of Contract and Demand for Jury Trial against the Defendant, PEOPLE’S
TRUST INSURANCE CORPORATION (“PEOPLE’S TRUST”), and as grounds
therefore, state as follows:
GENERAL ALLEGATIONS
1. The amount in controversy in this action exceeds the sum of Fifteen
Thousand and 00/100 ($15,000.00) Dollars, exclusive of pre-judgment interest, court
costs and attorney’s fees.
2. At all times material hereto, MR. AND MRS. JOHNSTON were and are the
owners of a home located at 230 H L Sudduth Circle, Panama City, Bay County,
Florida, 32404; and as such this Court has proper jurisdiction.
3. Upon information and belief, at all times relevant hereto, PEOPLE’S
TRUST, was and is a Florida for profit corporation doing business in the state of Florida,
including Bay County.4. Upon information and belief, PEOPLE’S TRUST is an authorized
insurance carrier by the State of Florida authorized to engage in the business of
insurance with the Plaintiffs.
5. PEOPLE’S TRUST, while engaging in the business of insurance in the
State of Florida, is required to follow and/or comply with all Florida Insurance Code
Statutes and regulations promulgated by the legislature and the Florida Department of
Financial Services.
6. In consideration of the premium paid to it by MR. AND MRS.
JOHNSTON, PEOPLE’S TRUST provided to MR. AND MRS. JOHNSTON in Bay
County, Florida, an “All Risk” homeowners insurance policy, Policy No. PFL325669-03
("the Policy"), which was in full force and effect (effective policy period 10/8/2018 to
10/8/2019) at the time the damage occurred on or about October 10, 2018, as a result
of a Hurricane Michael and/or hurricane-force winds, and ensuing damages to the
insured property located at 230 H L Sudduth Circle, Panama City, Bay County, Florida.
MR. AND MRS. JOHNSTON has attached hereto the only evidence of insurance
coverage under the Policy in his possession as Exhibit “A,” but a certified copy of the
insurance policy is herein requested.
7. An “All Risk” insurance policy has been defined as one that provides
coverage for all direct losses not otherwise excluded. Initially, MR. AND MRS.
JOHNSTON are seeking to recover under an “All Risk” insurance policy have the
burden of proving that the insured property was damaged and that the loss was
fortuitous or accidental, and once they establish a loss apparently within the terms of
the “All Risk” policy, the burden then shifts to PEOPLE’S TRUST to prove that the lossarose from a cause(s) which is excepted. Therefore, it is PEOPLE’S TRUST’S burden
of proof to prove that the loss or damage arose from a specifically excluded cause or
causes.
8. Damages from a hurricane and/or hurricane-force winds, and ensuing
damages as a direct result thereof, are covered damages under the Policy.
9. MR. AND MRS. JOHNSTON timely notified PEOPLE’S TRUST of the
damages and opened a claim pursuant to the terms and conditions of the insurance
policy.
10. In response to MR. AND MRS. JOHNSTON'S claim, PEOPLE’S TRUST
assigned a desk adjuster, to investigate the loss.
11. MR. AND MRS. JOHNSTON needed to have the repairs completed as
soon as possible, to put the insured property back into a pre-loss condition. PEOPLE’S
TRUST knew of, or should have known, that it was imperative for MR. AND MRS.
JOHNSTON to timely complete the repairs.
12. _PEOPLE’S TRUST is contractually and statutorily required timely tender
owed insurance benefits.
13. As a result of PEOPLE’S TRUST'S failure to cooperate with MR. AND
MRS. JOHNSTON in the adjustment of the loss, they were required to adjust the loss by
themselves.
14. MR. AND MRS. JOHNSTON have provided PEOPLE’S TRUST with all
requested documents and information needed for PEOPLE’S TRUST to tender owed
insurance benefits.
15. MR. AND MRS. JOHNSTON have provided PEOPLE’S TRUST access tothe insured property for inspection so that PEOPLE’S TRUST may be able to tender
owed insurance benefits.
16. MR. AND MRS. JOHNSTON have cooperated with all reasonable and
relevant requests made by PEOPLE’S TRUST in its investigation of the loss.
17. _PEOPLE’S TRUST’S denial was a material breach of The Policy. A
material breach by one party excuses the other party from further performance under
the contract. Insurance contracts follow this general principle from the maxim that "the
law does not compel a man to do a useless act." In the context of insurance contracts,
a coverage denial waives an insured's duty to comply with contract conditions precedent
such as submission to execution of repair contracts, submit to examinations,
satisfaction of proof of loss requirements, loss payment provisions, notice, and other
contract requirements.
18. Where a contract vests a party with discretion, but provides no standards
for exercising discretion, Florida law requires that the party exercise that discretion in a
reasonable manner.
COUNT]
(BREACH OF CONTRACT)
19. MR. AND MRS. JOHNSTON re-allege Paragraph No.’s 1-18 as if fully set
forth herein.
20. This is an action for damages for a breach of an insurance contract
against PEOPLE’S TRUST of an insurance policy that was in effect at the time of the
loss as a result of hurricane and/or hurricane-force winds, and ensuing damages.
21. On or about October 10, 2018, MR. AND MRS. JOHNSTON’S insured
property sustained hurricane damage as a result of hurricane and/or hurricane-forcewinds.
22. In response, PEOPLE’S TRUST sent and/or assigned insurance adjusters
and/or representatives to investigate and provide a coverage opinion, and evaluate the
extent and nature of the claimed damages.
23. MR. AND MRS. JOHNSTON suffered a loss regarding their insured
property and continue to suffer the loss.
24. PEOPLE’S TRUST’S obligation to tender owed insurance benefits is
continuing in nature. A party's ongoing nonperformance constitutes a continuing breach
while the contract remains in effect.
25. PEOPLE’S TRUST’S breach is a continuing breach of The Policy.
26. PEOPLE’S TRUST has failed and/or refused to tender all owed insurance
proceeds, undisputed or otherwise, to MR. AND MRS. JOHNSTON that are due and
owing to MR. AND MRS. JOHNSTON.
27. MR. AND MRS. JOHNSTON, as a direct result of hurricane and/or
hurricane-force winds and ensuing damages, have suffered damage to their insured
property.
28. MR. AND MRS. JOHNSTON have requested that PEOPLE’S TRUST pay
their damages; PEOPLE’S TRUST has failed and/or refused, and continues to refuse to
pay the full damages despite knowing it is required to do so.
29. MR. AND MRS. JOHNSTON have done and performed all those matters
and things properly required of them under the insurance policy, or alternatively, have
been excused from performance of the acts, representations, omissions, and/or conduct
of PEOPLE’S TRUST.30. Notwithstanding the foregoing, PEOPLE’S TRUST has failed and/or
refused to provide full coverage under the insurance policy for the damages to MR.
AND MRS. JOHNSTON'S insured property and PEOPLE’S TRUST has failed to
promptly pay all the amounts due and has thereby breached its contract of insurance.
31. Asa direct result of PEOPLE’S TRUST'S breach of its insurance contract,
MR. AND MRS. JOHNSTON have lost benefits of their insured property, and continues
to suffer the loss.
32. Asa direct result of PEOPLE’S TRUST'S breach of its insurance contract,
MR. AND MRS. JOHNSTON were required to become obligated for attorney’s fees and
costs in connection with the prosecution of this action, and Florida Statute §627.428
provides for the payment of attorney's fees in the event of such need.
WHEREFORE, the Plaintiffs, JACK AND SELINA JOHNSTON, pray this Court
enter an award of compensatory damages, consequential damages, pre-judgment
interest, post judgment interest, costs of this action, attorney fees; and such other and
further relief as this Court may deem just and proper.
DEMAND FOR JURY TRIAL
MR. AND MRS. JOHNSTON hereby request a trial by jury on all issues so triable.
Respectfully submitted this 10" day of December, 2019.David J, Pettinato-
DAVID J. PETTINATO, ESQUIRE
Florida Bar Number: 062324
MERLIN LAW GROUP, P.A.
777 S. Harbour Island Blvd., Suite 950
Tampa, Florida 33602
Telephone: (813) 229-1000
Fax: (813) 229-3692
Attorney for Plaintiffs
dpettinato@merlinilawgroup.com
smerriett@merlinlawgroup.com
trodriguez@merlinlawgroup.comEXHIBIT “A”d - Peopte's Trust insurance Compa
a People’sTrust se yp People’s Tost Way
Insurance Company Deerfield Beach, FL 33441-6270
1/31/2019
Sentry Public Adjusting
1489 North Military Trail
Suite #216
West Palm Beach, Florida 33409
RE: CERTIFIED POLICY REQUEST
Our Insured: — Jack Johnston
Claim Number: CFL18549940
Policy Number; PFL325669-03
Date of Loss: 10/10/2018
Date Reported: 10/18/2018
To Whom It May Concern,
Pursuant to your request enclosed please find a certified copy of our insured’s policy, which
includes the policy, declarations page, limits of coverage and all endorsements.
If you have any additional question, please feel free to contact the undersigned.
Sincerely,
Chantal Cyr
Claims Adjuster
Office: 1-800-500-1818
Enc.
Certified Copy of PolicyAFFIDAVIT
1, Caitlin Harbur, Director of Underwriting
People’sTrust ee ON Boonie:
insurance Company Deerfield Beach, FL 35441-6
rus
Hereby certify that the attached 66 pages of documents are true and correct copies of documents obtained
from the files of People’s Trust MGA, LLC, or its affiliates,
Mle
o"Signature—
Notarization of: OLbirector of Underwriting
STATE OF FLORIDA.
COUNTY OF BROWARD
a ae ;
Sworn to and subscribed before me this Uday of Sa tustu20 | F. by
Caitlin Harbur, who & is personally known to me“or 1 has
___ as identification.
produced‘BaPeople’strust
Insurance Company
avec. Simo
Simply 2 Better Way
18 People’s Trust Way e Deerfield Beach, FL 33441-6270
Policy Number: PFL325669-03
Important Phone Numbers
Customer Service: 800-500-1818
To Report a Claim: 877-333-1230
Mortgagee Fax: 561-282-0627
Main Fax: 561-807-0811
www.PTLinsure
People’s Trust Insurance Company
Homeowners Declarations Page
Insured’s Name and Mailing Address:
JACK JOHNSTON
SELINA JOHNSTON
11121 SMITH RD
FOUNTAIN, FL 32438
Insured Location (Residence Premises):
230 HL SUDDUTH CIR
PANAMA CITY, FL 32404-7915
County: BAY
Effective Date: 10/08/2018
Expiration Date: 10/08/2019
12:01 a.m. Eastern Time at the location
of the Residence Premises
Endorsement Date: 10/08/2018
Your Agency:
Alliance & Associates Financial Services, Inc. (0233/00-00)
1091 Oakleaf Plantation Parkway
Orange Park, FL 32065
(855) 210-9528
Windstorm or Hail (Other Than Hurricane) Deductible:
$6,556 (2%)
Hurricane Deductible:
$6,556 (2%)
Coverage I is only provided where a Jimit oli liability and a premium is Shown.
Sinkhole Deductibl
No Coverage
All Other Perils Deductible:
$2,500
Coverage A. Dwelling $327,818 $2,394.00
Coverage B. Other Structures $6,556 $4.00
Coverage C. Personal Property $163,909 $82.00
Coverage D. Loss of Use $32,782 INCL
Coverage E. Personal Liability $300,000 $33.00
Coverage F. Medical Payments to Others $5,000 $9.00
Total Base Premium $2,522.00
A009 (11/07) Ordinance and Law Coverage 25% INCL
£023 (11/15) Preferred Contractor Endorsement $(106.00)
HOFL E006 (06/16) Personal Property Replacement Cost Loss Settlement - Florida $284.00
LMTWTR (01/16) Limited Water Damage Coverage $10,000 $139.00.
WTRDMGEXCL (01/16) Water Damage Exclusion $(232.00)
Fungi, Wet or Dry Rot, or Bacteria Coverage $10,000 INCL
Total Optional Coverages and Adjustments $85.00
Em gency Management Preparedness & Assistance Tru: Fund
$25.00
Managing General Agency Fee
Total Mandatory Additional Charges $27.00
Total Annual Policy Premium: $2,142.00
(Including Assessments and All Surcharges) 9 Nee
The portion of your premium for Hurricane Coverage is: $1,162.00
The portion of your premium for All Other Coverage is: $847.00
PTIC D001 (11/17) Page 1 of 3Policy Number: PFL325669-03
‘A007 (10/16)
‘A002 (11/07)
oot (11/17) DO (08/17)
E023 (11/15) HO3 OC (10/16)
HOFL E016 (11/15) HOFL LMTWTR (01/16),
OIR-B1-1670 (01-01-06)
P003 (05/16)
‘A009 (11/07)
E005 (11/07)
HOFL E006 (06/16)
HOFL WTRDMGEXCL (01/16)
PTIC INSCR 1117
Age of Home Surcharge
Hurricane Year of Construction Surcharge
Deductible Adjustment
Wind Mitigation Credit
Building Code Effectiveness Grading Surcharge
Insurance Score Credit
$249.00
$47.00
$(61.00)
(652.00)
$21.00
$(196.00)
Rating information
Form Type HO-3 Terrain
Year Built 1977 Roof Covering
Construction Type Frame Roof Decking
County BAY Roof Deck Attachment
Territory 721 Roof to Wall Connection
Protection Class 5 Roof Shape
BCEGS 99 Secondary Water Resistance
Burglar Alarm NO. Opening Protection
Fire Alarm NO FBC Wind Speed
Automatic Fire Sprinkler None Wind Speed Design
Wind/Hail Excluded NO. Debris Region
B
Non-FBC Equivalent
Dimensional Lumber (Wood)
A-6d @ 6in/ 12in
Clip
Other
NO
None
NIA
NIA
NO
Mortgagee(s), Additional insured(s),
1st Mortgagee SIWELL INC, DBA CAPITAL MORTGAGE SERVICES ISAOA, PO BOX 6338, LUBBOCK, TX 79493 Loan He 403766
‘A $59.00 premium increase is due to a coverage change.
‘A. $-222.00 premium decrease is due to a rate change.
A premium adjustment of $. (552.00) is included to reflect the building's wind loss mitigation features or construction
techniques that exist. Credits range from__0__% to_84__%.
A premium adjustment of $. 24
1.9 _% surcharge to a_13.2_% credit.
Endorsement Reason: Insured information has been changed
Executed by Authorized Sigy@ture:
Authorized Re
sentative
PTic Doot (11/17)
is included to reflect the building code grade for your area. Adjustments range from a
Page 2 of 3Policy Number: PFL325669-03
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.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
WINDSTORM OR HAIL (OTHER THAN HURRICANE)
LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET
EXPENSES TO YOU.
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND
COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING
CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES
NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE
ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL
PREMIUM.
PTIC DO01 (11/17) Page 3 of 3People’s Trust Insurance Company Homeowners HO3 - Special Form
HOMEOWNERS 3 - SPECIAL FORM
AGREEMENT
This policy is issued on behalf of People’s Trust Insurance Company. 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 inform us within sixty (60) days of any
change of ownership, title, use or occupancy of the “residence premises.”
DEFINITIONS
A. In this policy, “you” and “your” refer to the “named insured” shown in the Declarations and
the spouse if a resident of the same household. “We,” “us,” and “our” refer to the company
providing this insurance.
B. In addition, certain words and phrases are defined as follows:
1. “Aircraft,” “Drone,” “Hovercraft,” “Motor Vehicle,” “Watercraft,” and “Personal
Watercraft” are defined below:
b.
Cc.
“Aircraft” means any contrivance used or designed for flight except model or hobby
aircraft not used or designed to carry people or cargo;
“Hovercraft” means a self-propelled motorized ground effect vehicle and includes,
but is not limited to, flare craft and air cushion vehicles;
“Watercraft” means a craft principally designed to be propelled on or in water by
wind, engine power, or electric motor;
“Personal Watercraft” means “watercraft” designed to carry one to three people,
propelled by a water jet pump powered by an internal combustion engine, and
capable of speeds greater than 25 MPH. “Personal watercraft” includes but is not
limited to “watercraft” often referred to as jet skis, wave runners, and other similar
“watercraft.”
“Motor Vehicle” means:
(1) A self-propelled land or amphibious vehicle; or
(2) Any trailer or semitrailer which is being carried on, towed by, or hitched for
towing by a vehicle described in 1. e. (1) above.
“Drone” means any unmanned aircraft or ship that can navigate autonomously
without human control or beyond line of sight by way of GPS, remote control, or
onboard computer.
2. “Bodily Injury” means bodily harm, sickness or disease, including required care, loss
of services and death that results.
3. “Business” includes trade, profession, occupation or usual activity in which an
“insured” is engaged in on a full-time, part-time, or occasional basis for money or other
compensation.
4. “Catastrophic Ground Cover Collapse” means geological activity that results in all of
the following:
a. The abrupt collapse of the ground cover;
b. A depression in the ground cover clearly visible to the naked eye;
c. “Structural damage” to the covered 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.
Page 1 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
5. “Fungi”
a.
b.
“Fungi” means any type or form of fungus, including mold or mildew, and any
mycotoxins, spores, scents or by-products produced or released by fungi.
Under Section Il — Liability Coverages, this does not include any “fungi”, or bacteria
that are, are on, or are contained in a good or product intended for consumption.
6. “Hurricane Occurrence” A “hurricane occurrence”:
b.
c.
Begins at the time a hurricane watch or warning is issued for any part of Florida by the
National Hurricane Center of the National Weather Service;
Continues for the time period during which the hurricane conditions exist anywhere
in Florida; and
Ends seventy-two (72) hours following the termination of the last hurricane watch or
hurricane warning issued for any part of Florida by the National Hurricane Center of
the National Weather Service.
7. “Insured” means:
d.
You and residents of your household who are:
(1) Your relatives; or
(2) Other persons under the age of 21 and in your care or the care of a resident of
your household who is your relative;
A student enrolled in school full-time, as defined by the school, who was a resident
of your household before moving out to attend school, provided the student is under
the age of:
(1) 24 and your relative; or
(2) 21 and in your care or the care of a resident of your household who is your
relative; or
Under Section Il:
(1) 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 described in B. 7.a. or b. "Insured" does not mean a
person or organization using or having custody of these animals or watercraft in
the course of any "business" or without consent of the owner; or
(2) With respect to a "motor vehicle" to which this policy applies:
(a) Persons while engaged in your employ or that of any person described in B.
7.a. or b.; or
(b) Other persons using the vehicle on an "insured location" with your consent.
Under both Sections | and Il, when the word an immediately precedes the word
insured", the words an "insured" together mean one or more "insureds".
8. “Insured Location” means:
a.
b.
_
The “residence premises”;
The part of other premises, other structures, and grounds used by you as a
residence; and
(1) Which is shown in the Declarations; or
(2) Which is acquired by you during the policy period for your use as a residence;
Any premises used by you in connection with a premises described in 8 a. and 8 b.
above;
Any part of a premises:
(1) Not owned by an “insured”; and
(2) Where an “insured” is temporarily residing;
Vacant land, other than farm land, owned by or rented to an “insured”;
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”;
Page 2 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
10.
11.
12.
13.
14.
15.
16.
17.
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:
a. Disfigure;
b. Deface;
c. Scar; or
d. Blemish.
“Occurrence” means an accident, including continuous or repeated exposure to
substantially the same general harmful conditions, which results, during the policy
period, in:
a. “Bodily Injury”; or
b. “Property damage.”
“Personal Injury” means injury arising out of one or more of the following offenses
committed during the policy period:
a. False arrest, detention, or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private
occupancy of a room, dwelling, or premises that a person occupied, 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;
e. Oral or written publication of material that violates a person’s right of privacy; or
Electronic aggression including but not limited to harassment or bullying committed
by means of any electronic forum, including but not limited to a blog, an electronic
bulletin board, an electronic chat room, a gripe site, a social networking site, a web
site, a web blog, email, instant messaging, or text messaging.
“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 where you reside on the “residence premises”
shown in the Declarations, including structures attached to the dwelling. “Principal
Building” does not include any other buildings or structures at that location.
“Property Damage” means physical damage to, destruction of, loss of use of, or the
theft of tangible property.
“Residence Employee” means:
a. An employee of an “insured,” whose duties are related to the maintenance or use of
the “residence premises,” including landscape, household or domestic services; or
b. One who performs similar duties elsewhere not related to the “business” of an
“insured.”
“Residence Premises” means:
a. The one-family dwelling where you reside;
b. The two, three, or four family dwelling where you reside in at least one of the family
units; or
c. The part of any other building where you reside;
and which is shown as the Insured Location in the Declarations.
“Residence Premises” also includes other structures and grounds at that location.
”
Page 3 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
18.
19.
20.
21.
22.
23.
24.
“Sinkhole” means a landform created by subsidence of soil, sediment, or rock as
underlying strata are dissolved by groundwater. A “sinkhole” forms by collapse into
subterranean voids created by dissolution of limestone or dolostone or by subsidence as
these strata are dissolved.
“Sinkhole Activity” means settlement or systematic weakening of the earth supporting
the covered building only if the settlement or systematic weakening results from
contemporaneous movement or raveling of soils, sediments or rock materials into
subterranean voids created by the effect of water on a limestone or similar rock
formation.
“Sinkhole Loss” means “structural damage” to the covered building, including the
foundation, caused by or arising out of “sinkhole activity.”
“Structural Damage” means a “principal building,” regardless of the date of its
construction, has experienced the following:
a. Interior floor displacement or deflection in excess of acceptable variances as defined
in ACI 117-90 or the Florida Building Code, which results in settlement related
damage to the interior such that the interior building structure or members become
unfit for service or represents a safety hazard as defined within the Florida Building
Code;
b. Foundation displacement or deflection in excess of acceptable variances as defined
in ACI 318-95 or the Florida Building Code, which results in settlement related
damage to the “primary structural members” or “primary structural systems” that
prevents those members or systems from supporting the loads and forces they
were designed to support to the extent that stresses in those “primary structural
members” or “primary structural systems” exceeds one and one-third the nominal
strength allowed under the Florida Building Code for new buildings of similar
structure, purpose, or location;
c. Damage that results in listing, leaning, or buckling of the exterior load bearing
walls or other vertical “primary structural members” to such an extent that a plumb
line passing through the center of gravity does not fall inside the middle one-third of
the base as defined within the Florida Building Code;
d. Damage that results in the building, or any portion of the building containing
“primary structural members” or “primary structural systems,” being significantly
likely to imminently collapse because of movement or instability of the ground within
the influence zone of the supporting ground within the sheer plane necessary for the
purpose of supporting such building as defined within the Florida Building Code; or
e. Damage occurring on or after October 15, 2005, that qualifies as “substantial
structural damage” as defined in the Florida Building Code.
“Supplemental Claim" or “Reopened Claim” means any additional claim for recovery
from us for any loss we previously adjusted pursuant to an initial claim.
“Unoccupied” means the dwelling is not being inhabited as a residence.
“Vacant” means that the dwelling lacks the necessary amenities, adequate furnishings,
or utilities and services to permit occupancy of the dwelling as a residence.
SECTION I - PROPERTY COVERAGES
A. Coverage A — Dwelling
1.
We cover:
a. The dwelling on the "residence premises" shown in the Declarations, including
structures attached to the dwelling; and
Page 4 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
2.
b. Materials and supplies located on or next to the "residence premises" used to
construct, alter or repair the dwelling or other structures on the "residence
premises".
We do not cover land, including land on which the dwelling is located.
Special Limits of Liability - Coverage A
Cosmetic and Aesthetic Damage to Floors
The total limit of liability for Coverage A is $10,000 per policy period for cosmetic and
aesthetic damages to floors.
1.
2.
3.
4.
Cosmetic or aesthetic damage includes but is not limited to:
a. Chips;
b. Scratches;
c. Dents; or
d. Any other damage;
to less than five percent (5%) of the total floor surface area and does not prevent
typical use of the floor.
This limit includes the cost of tearing out and replacing any part of the building
necessary to repair the damaged flooring.
This limit does not increase the Coverage A limit of liability shown on the declaration
page.
This limit does not apply to cosmetic or aesthetic damage to floors caused by a Peril
Insured Against as named and described for Coverage C - Personal Property.
B. Coverage B — Other Structures
1.
We cover other structures, when premium for Coverage B is shown on the Declarations
page, on the "residence premises" set apart from the dwelling by clear space. This
includes structures connected to the dwelling by only a fence, utility line, or similar
connection.
We do not cover:
a. Land, including land on which the other structures are located;
b. Other structures rented or held for rental to any person not a tenant of the dwelling,
unless used solely as a private garage;
c. Other structures from which any "business" is conducted; or
d. Other structures used to store "business" property. However, we do cover a
structure that contains "business" property solely owned by an "insured" or a tenant
of the dwelling, provided that "business" property does not include gaseous or liquid
fuel, other than fuel in a permanently installed fuel tank of a vehicle or craft parked
or stored in the structure.
The limit of liability for this coverage will not be more than ten percent (10%) of the limit
of liability that applies to Coverage A. Use of this coverage does not reduce the
Coverage A limit of liability.
Coverage C — Personal Property
1.
Covered Property
We cover personal property, when premium for Coverage C is shown on the
Declarations page, owned or used by an "insured" while it is anywhere in the world.
After a loss and at your request, we will cover personal property owned by:
a. Others while the property is on the part of the "residence premises" occupied by an
“insured"; or
Page 5 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
b. A guest or a "residence employee", while the property is in any residence occupied
by an "insured".
2. Limit For Property At Other Locations
a. Other Residences
Our limit of liability for personal property usually located at an "insured's" residence,
other than the "residence premises", is ten percent (10%) of the limit of liability for
Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to
personal property:
(1) Moved from the "residence premises" because it is:
(a) Being repaired, renovated or rebuilt; and
(b) Not fit to live in or store property in; or
(2) In a newly acquired principal residence for thirty (30) days from the time you
begin to move the property there.
b. Self-storage Facilities
Our limit of liability for personal property owned or used by an "insured" and located in a
self-storage facility is ten percent (10%) of the limit of liability for Coverage C, or $1,000,
whichever is greater. However, this limitation does not apply to personal property:
(1) Moved from the "residence premises" because it is:
(a) Being repaired, renovated or rebuilt; and
(b) Not fit to live in or store property in; or
(2) Usually located in an "insured's" residence, other than the "residence premises".
3. Special Limits Of Liability
The special limit for each category shown below is the total limit for each loss for all
property in that category. These special limits do not increase the Coverage C limit of
liability.
a. $200 on money, bank notes, bullion, gold other than goldware, silver other than
silverware, platinum other than platinumware, coins, medals, scrip, stored value
cards and smart cards.
b. $1,500 on securities, accounts, deeds, evidences of debt, letters of credit, notes
other than bank notes, manuscripts, personal records, passports, tickets and
stamps. This dollar limit applies to these categories regardless of the medium (such
as paper or computer software) on which the material exists.
This limit includes the cost to research, replace or restore the information from the
lost or damaged material.
c. $1,500 on “watercraft” and “personal watercraft” of all types, including their trailers,
furnishings, equipment and outboard engines or motors.
d. $1,500 on trailers or semitrailers not used with “watercraft” or “personal watercraft”
of all types.
e. $1,500 for loss by theft of jewelry, watches, furs, precious and semiprecious stones.
f. $2,500 for loss by theft of firearms and related equipment.
g. $2,500 for loss by theft of silverware, silver-plated ware, goldware, gold-plated ware,
platinumware, platinum-plated ware and pewter ware. This includes flatware,
hollowware, tea sets, trays and trophies made of or including silver, gold or pewter.
h. $2,500 on property, on the "residence premises", used primarily for "business"
purposes.
i. $1,500 on property, away from the "residence premises", used primarily for
"business" purposes. However, this limit does not apply to antennas, tapes, wires,
records, disks or other media that are:
(1) Used with electronic equipment that reproduces, receives or transmits audio,
visual or data signals; and
Page 6 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
(2) In or upon a "motor vehicle".
$1,500 on portable electronic equipment that:
(1) Reproduces, receives or transmits audio, visual or data signals;
(2) ls designed to be operated by more than one power source, one of which is a
"motor vehicle's" electrical system; and
(3) Is in or upon a "motor vehicle".
$250 for antennas, tapes, wires, records, disks or other media that are:
(1) Used with electronic equipment that reproduces, receives or transmits audio,
visual or data signals; and
(2) In or upon a "motor vehicle"; and
$500 is the maximum loss payable for covered property stored in a freezer or a
refrigerator on the “residence premise”.
4. Property Not Covered
We do not cover:
b.
c.
z ano
Articles separately described and specifically insured, regardless of the limit for
which they are insured, in this or other insurance;
Animals, birds or fish;
“Motor vehicles".
This includes a "motor vehicle's" equipment and parts. However, this Paragraph 4.c.
does not apply to:
(1) Portable electronic equipment that:
(a) Reproduces, receives or transmits audio, visual or data signals; and
(b) Is designed so that it may be operated from a power source other than a
“motor vehicle’s” electrical system.
(2) "Motor vehicles" not required to be registered for use on public roads or
property which are:
(a) Used solely to service a residence; or
(b) Designed to assist the handicapped;
“Aircraft”. “We do cover model or hobby aircraft, except drones, not used or
designed to carry people or cargo;
“Hovercraft”;
“Drone”;
Property of roomers, boarders and other tenants, except property of roomers and
boarders related to an "insured";
Property in an apartment regularly rented or held for rental to others by an “insured”,
except as provided in E. 10. Landlord’s Furnishings und Section | — Property
Coverages;
Property rented or held for rental to others off the "residence premises";
“Business” data, including such data stored in:
(1) Books of account, drawings or other paper records; or
(2) Computers and related equipment.
However, we do cover the cost of blank recording or storage media and of
prerecorded computer programs available on the retail market;
Credit cards, electronic fund transfer cards except as provided in ADDITIONAL
COVERAGES 6; or
Mopeds or similar motorized bicycles of any horsepower.
Page 7 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
D. Coverage D — Loss Of Use
The limit of liability for Coverage D is the total limit for the coverages in 1. Additional Living
Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use below.
1. Additional Living Expense
If a loss covered under Section | makes that part of the "residence premises" where you
reside not fit to live in, we cover any necessary increase in living expenses incurred by
you so that your household can maintain its normal standard of living.
Payment will be for the shortest time required to repair or replace the damage or, if you
permanently relocate, the shortest time required for your household to settle elsewhere.
2. Fair Rental Value
If a loss covered under Section I makes that part of the "residence premises" rented to
others or held for rental by you not fit to live in, we cover the fair rental value of such
premises less any expenses that do not continue while it is not fit to live in.
Payment will be for the shortest time required to repair or replace such premises.
3. Civil Authority Prohibits Use
If a civil authority prohibits you from use of the "residence premises" as a result of direct
damage to neighboring premises by a Peril Insured Against, we cover the loss as
provided in 1. Additional Living Expense and 2. Fair Rental Value above for no more
than two (2) weeks.
4. Loss Or Expense Not Covered
We do not cover loss or expense due to cancellation of a lease or agreement.
The periods of time under 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil
Authority Prohibits Use above are not limited by expiration of this policy.
E. Additional Coverages
1. Debris Removal
a. We will pay your reasonable expense for the removal of:
(1) Debris of covered property if a Peril Insured Against that applies to the damaged
property causes the loss; or
(2) Ash, dust or particles from a volcanic eruption that has caused direct loss to a
building or property contained in a building.
This expense is included in the limit of liability that applies to the damaged property.
If the amount to be paid for the actual damage to the property plus the debris
removal expense is more than the limit of liability for the damaged property, an
additional five percent (5%) of that limit is available for such expense.
b. We will also pay your reasonable expense, up to $1,000, for the removal from the
"residence premises" of:
(1) Your trees felled by the peril of Windstorm or Hail;
(2) Your trees felled by the peril of Weight of Ice, Snow or Sleet; or
(3) A neighbor's tree(s) felled by a Peril Insured Against under Coverage C;
provided the trees damage a covered structure. The $1,000 limit is the most we will
pay in any one loss, regardless of the number of fallen trees. No more than $500 of
this limit will be paid for the removal of any one tree. This coverage is additional
insurance.
2. Reasonable Repairs
a. We will pay the reasonable cost incurred by you for the necessary measures taken
solely to protect covered property that is damaged by a Peril Insured Against from
further damage.
Page 8 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
b. If the measures taken involve repair to other damaged property, we will only pay if
that property is covered under this policy and the damage is caused by a Peril
Insured Against. This coverage does not:
(1) Increase the limit of liability that applies to the covered property; or
(2) Relieve you of your duties, in case of a loss to covered property, described in
C.5 under Section I - Conditions.
3. Trees, Shrubs And Other Plants
We cover trees, shrubs, plants or lawns, on the "residence premises", for loss caused
by the following Perils Insured Against:
Fire or Lightning;
Explosion;
Riot or Civil Commotion;
Aircraft;
Vehicles not owned or operated by a resident of the "residence premises";
Vandalism or Malicious Mischief; or
. Theft.
We will pay up to five percent (5%) of the limit of liability that applies to the dwelling for
all trees, shrubs, plants or lawns. No more than $500 of this limit will be paid for any one
tree, shrub or plant. We do not cover property grown for "business" purposes.
This coverage is additional insurance.
4. Fire Department Service Charge
We will pay up to $500 for your liability assumed by contract or agreement for fire
department charges incurred when the fire department is called to save or protect
covered property from a Peril Insured Against. We do not cover fire department service
charges if the property is located within the limits of the city, municipality or protection
district furnishing the fire department response.
This coverage is additional insurance. No deductible applies to this coverage.
5. Property Removed
We insure covered property against direct loss from any cause while being removed
from a premises endangered by a Peril Insured Against and for no more than thirty (30)
days while removed.
This coverage does not change the limit of liability that applies to the property being
removed.
6. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And
Counterfeit Money
a. We will pay up to $500 for:
(1) The legal obligation of an "insured" to pay because of the theft or unauthorized
use of credit cards issued to or registered in an "insured's" name;
(2) Loss resulting from theft or unauthorized use of an electronic fund transfer card
or access device used for deposit, withdrawal or transfer of funds, issued to or
registered in an "insured's" name;
(3) Loss to an "insured" caused by forgery or alteration of any check or negotiable
instrument; and
(4) Loss to an "insured" through acceptance in good faith of counterfeit United
States or Canadian paper currency.
All loss resulting from a series of acts committed by any one person or in which any
one person is concerned or implicated is considered to be one loss.
This coverage is additional insurance. No deductible applies to this coverage.
emeaeop
Page 9 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
b. We do not cover:
(1) Use of a credit card, electronic fund transfer card or access device:
(a) By a resident of your household;
(b) By a person who has been entrusted with either type of card or access
device; or
(c) If an "insured" has not complied with all terms and conditions under which
the cards are issued or the devices accessed;
(2) Loss arising out of "business" use or dishonesty of an "insured".
c. If the coverage in a. above applies, the following defense provisions also apply:
(1) We may investigate and settle any claim or suit that we decide is appropriate.
Our duty to defend a claim or suit ends when the amount we pay for the loss
equals our limit of liability.
(2) If a suit is brought against an "insured" for liability under a. (1) or (2) above, we
will provide a defense at our expense by counsel of our choice.
(3) We have the option to defend at our expense an "insured" or an "insured's" bank
against any suit for the enforcement of payment under a. (3) above.
7. Loss Assessment
a. We will pay up to $1,000 for your share of loss assessment charged during the
policy period against you, as owner or tenant of the "residence premises", by a
corporation or association of property owners. The assessment must be made as a
result of direct loss to property, owned by all members collectively, of the type that
would be covered by this policy if owned by you, caused by a Peril Insured Against
under Coverage A, other than:
(1) Earthquake; or
(2) Land shock waves or tremors before, during or after a volcanic eruption.
The limit of $1,000 is the most we will pay with respect to any one loss, regardless
of the number of assessments. We will only apply one deductible, per unit, to the
total amount of any one loss to the property described above, regardless of the
number of assessments.
b. We do not cover assessments charged against you or a corporation or association
of property owners by any governmental body.
c. Paragraph A. Policy Period under Section | and Il — Conditions does not apply to
this coverage.
This coverage is additional insurance.
8. Collapse
a. The coverage provided under this Additional Coverage — Collapse applies only to an
abrupt collapse.
b. For the purpose of this Additional Coverage — Collapse, abrupt collapse means an
abrupt falling down or caving in of a building or any part of a building with the result
that the building or part of the building cannot be occupied for its intended purpose.
c. This Additional Coverage — Collapse does not apply to:
(1) A building or any part of a building that is in danger of falling down or caving in;
(2) A part of a building that is standing, even if it has separated from another part of
the building; or
(3) A building or any part of a building that is standing, even if it shows evidence of
cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion.
d. We insure for direct physical loss to covered property involving abrupt collapse of a
building or any part of a building if such collapse was caused by one or more of the
following:
(1) The Perils Insured Against named under Coverage C;
Page 10 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
(2) Decay, of a building or any part of a building, that is hidden from view, unless the
presence of such decay is known to an "insured" prior to collapse;
(3) Insect or vermin damage, to a building or any part of a building, that is hidden
from view, unless the presence of such damage is known to an "insured" prior to
collapse;
(4) Weight of contents, equipment, animals or people;
(5) Weight of rain which collects on a roof; or
(6) Use of defective material or methods in construction, remodeling or renovation if
the collapse occurs during the course of the construction, remodeling or
renovation.
e. Loss to an awning, fence, patio, deck, pavement, swimming pool, underground pipe,
flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf or
dock is not included under d.(2) through (6) above, unless the loss is a direct result
of the collapse of a building or any part of a building.
f. This coverage does not increase the limit of liability that applies to the damaged
covered property.
9. Glass Or Safety Glazing Material
a. We cover:
(1) The breakage of glass or safety glazing material which is part of a covered
building, storm door or storm window;
(2) The breakage of glass or safety glazing material which is part of a covered
building, storm door or storm window when caused directly by earth movement;
and
(3) The direct physical loss to covered property caused solely by the pieces,
fragments or splinters of broken glass or safety glazing material which is part of
a building, storm door or storm window.
b. This coverage does not include loss:
(1) To covered property which results because the glass or safety glazing material
has been broken, except as provided in a.(3) above; or
(2) On the "residence premises" if the dwelling has been vacant for more than sixty
(60) consecutive days immediately before the loss, except when the breakage
results directly from earth movement as provided in a.(2) above. A dwelling
being constructed is not considered vacant.
c. This coverage does not increase the limit of liability that applies to the damaged
property.
10. Landlord Furnishings
We will pay up to $2,500 for “your” appliances, carpeting and other household
furnishings, in each apartment on the “residence premises” regularly rented or held for
rental to others by an “insured”, for loss caused by a Peril Insured Against in Coverage
C, other than Theft.
11. "Fungi", Wet Or Dry Rot, Or Bacteria
a. We will pay up to $10,000 for:
(1) The total of all loss payable under Section | — Property Coverages caused by
"fungi", wet or dry rot, or bacteria;
(2) The cost to remove "fungi", wet or dry rot, or bacteria from property covered
under Section | — Property Coverages;
(3) The cost to tear out and replace any part of the building or other covered
property as needed to gain access to the "fungi", wet or dry rot, or
bacteria;
Page 11 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form
(4) The cost of testing of air or property to confirm the absence, presence or
level of "fungi", wet or dry rot, or bacteria, whether performed prior to, during or
after removal, repair, restoration or replacement; the cost of such testing will
be provided only to the extent that there is a reason to believe that there is the
presence of "fungi", wet or dry rot, or bacteria.
b. The coverage described in a. only applies when such loss or costs are a result of a
Peril Insured Against that occurs during the policy period and only if all reasonable
means were used to save and preserve the property from further damage at and
after the time the Peril Insured Against occurred.
c. $10,000 is the most we will pay for the total of all loss or costs payable under this
Additional Coverage regardless of the:
(1) Number of locations insured; or
(2) Number of claims made.
d. If there is covered loss or damage to covered property not caused, in whole or in
part, by "fungi", wet or dry rot, or bacteria, loss
Preview
Filing # 100066387 E-Filed 12/10/2019 11:48:53 AM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CIVIL DIVISION JACK AND SELINA JOHNSTON, Plaintiffs, Case No. 19004472CA vs. PEOPLE’S TRUST INSURANCE COMPANY, Defendant. / COMPLAINT FOR BREACH OF CONTRACT AND DEMAND FOR JURY TRIAL COME NOW the Plaintiffs, JACK AND SELINA JOHNSTON ("MR. AND MRS. JOHNSTON"), by and through the undersigned counsel, and hereby file their Complaint for Breach of Contract and Demand for Jury Trial against the Defendant, PEOPLE’S TRUST INSURANCE CORPORATION (“PEOPLE’S TRUST”), and as grounds therefore, state as follows: GENERAL ALLEGATIONS 1. The amount in controversy in this action exceeds the sum of Fifteen Thousand and 00/100 ($15,000.00) Dollars, exclusive of pre-judgment interest, court costs and attorney’s fees. 2. At all times material hereto, MR. AND MRS. JOHNSTON were and are the owners of a home located at 230 H L Sudduth Circle, Panama City, Bay County, Florida, 32404; and as such this Court has proper jurisdiction. 3. Upon information and belief, at all times relevant hereto, PEOPLE’S TRUST, was and is a Florida for profit corporation doing business in the state of Florida, including Bay County.4. Upon information and belief, PEOPLE’S TRUST is an authorized insurance carrier by the State of Florida authorized to engage in the business of insurance with the Plaintiffs. 5. PEOPLE’S TRUST, while engaging in the business of insurance in the State of Florida, is required to follow and/or comply with all Florida Insurance Code Statutes and regulations promulgated by the legislature and the Florida Department of Financial Services. 6. In consideration of the premium paid to it by MR. AND MRS. JOHNSTON, PEOPLE’S TRUST provided to MR. AND MRS. JOHNSTON in Bay County, Florida, an “All Risk” homeowners insurance policy, Policy No. PFL325669-03 ("the Policy"), which was in full force and effect (effective policy period 10/8/2018 to 10/8/2019) at the time the damage occurred on or about October 10, 2018, as a result of a Hurricane Michael and/or hurricane-force winds, and ensuing damages to the insured property located at 230 H L Sudduth Circle, Panama City, Bay County, Florida. MR. AND MRS. JOHNSTON has attached hereto the only evidence of insurance coverage under the Policy in his possession as Exhibit “A,” but a certified copy of the insurance policy is herein requested. 7. An “All Risk” insurance policy has been defined as one that provides coverage for all direct losses not otherwise excluded. Initially, MR. AND MRS. JOHNSTON are seeking to recover under an “All Risk” insurance policy have the burden of proving that the insured property was damaged and that the loss was fortuitous or accidental, and once they establish a loss apparently within the terms of the “All Risk” policy, the burden then shifts to PEOPLE’S TRUST to prove that the lossarose from a cause(s) which is excepted. Therefore, it is PEOPLE’S TRUST’S burden of proof to prove that the loss or damage arose from a specifically excluded cause or causes. 8. Damages from a hurricane and/or hurricane-force winds, and ensuing damages as a direct result thereof, are covered damages under the Policy. 9. MR. AND MRS. JOHNSTON timely notified PEOPLE’S TRUST of the damages and opened a claim pursuant to the terms and conditions of the insurance policy. 10. In response to MR. AND MRS. JOHNSTON'S claim, PEOPLE’S TRUST assigned a desk adjuster, to investigate the loss. 11. MR. AND MRS. JOHNSTON needed to have the repairs completed as soon as possible, to put the insured property back into a pre-loss condition. PEOPLE’S TRUST knew of, or should have known, that it was imperative for MR. AND MRS. JOHNSTON to timely complete the repairs. 12. _PEOPLE’S TRUST is contractually and statutorily required timely tender owed insurance benefits. 13. As a result of PEOPLE’S TRUST'S failure to cooperate with MR. AND MRS. JOHNSTON in the adjustment of the loss, they were required to adjust the loss by themselves. 14. MR. AND MRS. JOHNSTON have provided PEOPLE’S TRUST with all requested documents and information needed for PEOPLE’S TRUST to tender owed insurance benefits. 15. MR. AND MRS. JOHNSTON have provided PEOPLE’S TRUST access tothe insured property for inspection so that PEOPLE’S TRUST may be able to tender owed insurance benefits. 16. MR. AND MRS. JOHNSTON have cooperated with all reasonable and relevant requests made by PEOPLE’S TRUST in its investigation of the loss. 17. _PEOPLE’S TRUST’S denial was a material breach of The Policy. A material breach by one party excuses the other party from further performance under the contract. Insurance contracts follow this general principle from the maxim that "the law does not compel a man to do a useless act." In the context of insurance contracts, a coverage denial waives an insured's duty to comply with contract conditions precedent such as submission to execution of repair contracts, submit to examinations, satisfaction of proof of loss requirements, loss payment provisions, notice, and other contract requirements. 18. Where a contract vests a party with discretion, but provides no standards for exercising discretion, Florida law requires that the party exercise that discretion in a reasonable manner. COUNT] (BREACH OF CONTRACT) 19. MR. AND MRS. JOHNSTON re-allege Paragraph No.’s 1-18 as if fully set forth herein. 20. This is an action for damages for a breach of an insurance contract against PEOPLE’S TRUST of an insurance policy that was in effect at the time of the loss as a result of hurricane and/or hurricane-force winds, and ensuing damages. 21. On or about October 10, 2018, MR. AND MRS. JOHNSTON’S insured property sustained hurricane damage as a result of hurricane and/or hurricane-forcewinds. 22. In response, PEOPLE’S TRUST sent and/or assigned insurance adjusters and/or representatives to investigate and provide a coverage opinion, and evaluate the extent and nature of the claimed damages. 23. MR. AND MRS. JOHNSTON suffered a loss regarding their insured property and continue to suffer the loss. 24. PEOPLE’S TRUST’S obligation to tender owed insurance benefits is continuing in nature. A party's ongoing nonperformance constitutes a continuing breach while the contract remains in effect. 25. PEOPLE’S TRUST’S breach is a continuing breach of The Policy. 26. PEOPLE’S TRUST has failed and/or refused to tender all owed insurance proceeds, undisputed or otherwise, to MR. AND MRS. JOHNSTON that are due and owing to MR. AND MRS. JOHNSTON. 27. MR. AND MRS. JOHNSTON, as a direct result of hurricane and/or hurricane-force winds and ensuing damages, have suffered damage to their insured property. 28. MR. AND MRS. JOHNSTON have requested that PEOPLE’S TRUST pay their damages; PEOPLE’S TRUST has failed and/or refused, and continues to refuse to pay the full damages despite knowing it is required to do so. 29. MR. AND MRS. JOHNSTON have done and performed all those matters and things properly required of them under the insurance policy, or alternatively, have been excused from performance of the acts, representations, omissions, and/or conduct of PEOPLE’S TRUST.30. Notwithstanding the foregoing, PEOPLE’S TRUST has failed and/or refused to provide full coverage under the insurance policy for the damages to MR. AND MRS. JOHNSTON'S insured property and PEOPLE’S TRUST has failed to promptly pay all the amounts due and has thereby breached its contract of insurance. 31. Asa direct result of PEOPLE’S TRUST'S breach of its insurance contract, MR. AND MRS. JOHNSTON have lost benefits of their insured property, and continues to suffer the loss. 32. Asa direct result of PEOPLE’S TRUST'S breach of its insurance contract, MR. AND MRS. JOHNSTON were required to become obligated for attorney’s fees and costs in connection with the prosecution of this action, and Florida Statute §627.428 provides for the payment of attorney's fees in the event of such need. WHEREFORE, the Plaintiffs, JACK AND SELINA JOHNSTON, pray this Court enter an award of compensatory damages, consequential damages, pre-judgment interest, post judgment interest, costs of this action, attorney fees; and such other and further relief as this Court may deem just and proper. DEMAND FOR JURY TRIAL MR. AND MRS. JOHNSTON hereby request a trial by jury on all issues so triable. Respectfully submitted this 10" day of December, 2019.David J, Pettinato- DAVID J. PETTINATO, ESQUIRE Florida Bar Number: 062324 MERLIN LAW GROUP, P.A. 777 S. Harbour Island Blvd., Suite 950 Tampa, Florida 33602 Telephone: (813) 229-1000 Fax: (813) 229-3692 Attorney for Plaintiffs dpettinato@merlinilawgroup.com smerriett@merlinlawgroup.com trodriguez@merlinlawgroup.comEXHIBIT “A”d - Peopte's Trust insurance Compa a People’sTrust se yp People’s Tost Way Insurance Company Deerfield Beach, FL 33441-6270 1/31/2019 Sentry Public Adjusting 1489 North Military Trail Suite #216 West Palm Beach, Florida 33409 RE: CERTIFIED POLICY REQUEST Our Insured: — Jack Johnston Claim Number: CFL18549940 Policy Number; PFL325669-03 Date of Loss: 10/10/2018 Date Reported: 10/18/2018 To Whom It May Concern, Pursuant to your request enclosed please find a certified copy of our insured’s policy, which includes the policy, declarations page, limits of coverage and all endorsements. If you have any additional question, please feel free to contact the undersigned. Sincerely, Chantal Cyr Claims Adjuster Office: 1-800-500-1818 Enc. Certified Copy of PolicyAFFIDAVIT 1, Caitlin Harbur, Director of Underwriting People’sTrust ee ON Boonie: insurance Company Deerfield Beach, FL 35441-6 rus Hereby certify that the attached 66 pages of documents are true and correct copies of documents obtained from the files of People’s Trust MGA, LLC, or its affiliates, Mle o"Signature— Notarization of: OLbirector of Underwriting STATE OF FLORIDA. COUNTY OF BROWARD a ae ; Sworn to and subscribed before me this Uday of Sa tustu20 | F. by Caitlin Harbur, who & is personally known to me“or 1 has ___ as identification. produced‘BaPeople’strust Insurance Company avec. Simo Simply 2 Better Way 18 People’s Trust Way e Deerfield Beach, FL 33441-6270 Policy Number: PFL325669-03 Important Phone Numbers Customer Service: 800-500-1818 To Report a Claim: 877-333-1230 Mortgagee Fax: 561-282-0627 Main Fax: 561-807-0811 www.PTLinsure People’s Trust Insurance Company Homeowners Declarations Page Insured’s Name and Mailing Address: JACK JOHNSTON SELINA JOHNSTON 11121 SMITH RD FOUNTAIN, FL 32438 Insured Location (Residence Premises): 230 HL SUDDUTH CIR PANAMA CITY, FL 32404-7915 County: BAY Effective Date: 10/08/2018 Expiration Date: 10/08/2019 12:01 a.m. Eastern Time at the location of the Residence Premises Endorsement Date: 10/08/2018 Your Agency: Alliance & Associates Financial Services, Inc. (0233/00-00) 1091 Oakleaf Plantation Parkway Orange Park, FL 32065 (855) 210-9528 Windstorm or Hail (Other Than Hurricane) Deductible: $6,556 (2%) Hurricane Deductible: $6,556 (2%) Coverage I is only provided where a Jimit oli liability and a premium is Shown. Sinkhole Deductibl No Coverage All Other Perils Deductible: $2,500 Coverage A. Dwelling $327,818 $2,394.00 Coverage B. Other Structures $6,556 $4.00 Coverage C. Personal Property $163,909 $82.00 Coverage D. Loss of Use $32,782 INCL Coverage E. Personal Liability $300,000 $33.00 Coverage F. Medical Payments to Others $5,000 $9.00 Total Base Premium $2,522.00 A009 (11/07) Ordinance and Law Coverage 25% INCL £023 (11/15) Preferred Contractor Endorsement $(106.00) HOFL E006 (06/16) Personal Property Replacement Cost Loss Settlement - Florida $284.00 LMTWTR (01/16) Limited Water Damage Coverage $10,000 $139.00. WTRDMGEXCL (01/16) Water Damage Exclusion $(232.00) Fungi, Wet or Dry Rot, or Bacteria Coverage $10,000 INCL Total Optional Coverages and Adjustments $85.00 Em gency Management Preparedness & Assistance Tru: Fund $25.00 Managing General Agency Fee Total Mandatory Additional Charges $27.00 Total Annual Policy Premium: $2,142.00 (Including Assessments and All Surcharges) 9 Nee The portion of your premium for Hurricane Coverage is: $1,162.00 The portion of your premium for All Other Coverage is: $847.00 PTIC D001 (11/17) Page 1 of 3Policy Number: PFL325669-03 ‘A007 (10/16) ‘A002 (11/07) oot (11/17) DO (08/17) E023 (11/15) HO3 OC (10/16) HOFL E016 (11/15) HOFL LMTWTR (01/16), OIR-B1-1670 (01-01-06) P003 (05/16) ‘A009 (11/07) E005 (11/07) HOFL E006 (06/16) HOFL WTRDMGEXCL (01/16) PTIC INSCR 1117 Age of Home Surcharge Hurricane Year of Construction Surcharge Deductible Adjustment Wind Mitigation Credit Building Code Effectiveness Grading Surcharge Insurance Score Credit $249.00 $47.00 $(61.00) (652.00) $21.00 $(196.00) Rating information Form Type HO-3 Terrain Year Built 1977 Roof Covering Construction Type Frame Roof Decking County BAY Roof Deck Attachment Territory 721 Roof to Wall Connection Protection Class 5 Roof Shape BCEGS 99 Secondary Water Resistance Burglar Alarm NO. Opening Protection Fire Alarm NO FBC Wind Speed Automatic Fire Sprinkler None Wind Speed Design Wind/Hail Excluded NO. Debris Region B Non-FBC Equivalent Dimensional Lumber (Wood) A-6d @ 6in/ 12in Clip Other NO None NIA NIA NO Mortgagee(s), Additional insured(s), 1st Mortgagee SIWELL INC, DBA CAPITAL MORTGAGE SERVICES ISAOA, PO BOX 6338, LUBBOCK, TX 79493 Loan He 403766 ‘A $59.00 premium increase is due to a coverage change. ‘A. $-222.00 premium decrease is due to a rate change. A premium adjustment of $. (552.00) is included to reflect the building's wind loss mitigation features or construction techniques that exist. Credits range from__0__% to_84__%. A premium adjustment of $. 24 1.9 _% surcharge to a_13.2_% credit. Endorsement Reason: Insured information has been changed Executed by Authorized Sigy@ture: Authorized Re sentative PTic Doot (11/17) is included to reflect the building code grade for your area. Adjustments range from a Page 2 of 3Policy Number: PFL325669-03 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. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR WINDSTORM OR HAIL (OTHER THAN HURRICANE) LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. PTIC DO01 (11/17) Page 3 of 3People’s Trust Insurance Company Homeowners HO3 - Special Form HOMEOWNERS 3 - SPECIAL FORM AGREEMENT This policy is issued on behalf of People’s Trust Insurance Company. 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 inform us within sixty (60) days of any change of ownership, title, use or occupancy of the “residence premises.” DEFINITIONS A. In this policy, “you” and “your” refer to the “named insured” shown in the Declarations and the spouse if a resident of the same household. “We,” “us,” and “our” refer to the company providing this insurance. B. In addition, certain words and phrases are defined as follows: 1. “Aircraft,” “Drone,” “Hovercraft,” “Motor Vehicle,” “Watercraft,” and “Personal Watercraft” are defined below: b. Cc. “Aircraft” means any contrivance used or designed for flight except model or hobby aircraft not used or designed to carry people or cargo; “Hovercraft” means a self-propelled motorized ground effect vehicle and includes, but is not limited to, flare craft and air cushion vehicles; “Watercraft” means a craft principally designed to be propelled on or in water by wind, engine power, or electric motor; “Personal Watercraft” means “watercraft” designed to carry one to three people, propelled by a water jet pump powered by an internal combustion engine, and capable of speeds greater than 25 MPH. “Personal watercraft” includes but is not limited to “watercraft” often referred to as jet skis, wave runners, and other similar “watercraft.” “Motor Vehicle” means: (1) A self-propelled land or amphibious vehicle; or (2) Any trailer or semitrailer which is being carried on, towed by, or hitched for towing by a vehicle described in 1. e. (1) above. “Drone” means any unmanned aircraft or ship that can navigate autonomously without human control or beyond line of sight by way of GPS, remote control, or onboard computer. 2. “Bodily Injury” means bodily harm, sickness or disease, including required care, loss of services and death that results. 3. “Business” includes trade, profession, occupation or usual activity in which an “insured” is engaged in on a full-time, part-time, or occasional basis for money or other compensation. 4. “Catastrophic Ground Cover Collapse” means geological activity that results in all of the following: a. The abrupt collapse of the ground cover; b. A depression in the ground cover clearly visible to the naked eye; c. “Structural damage” to the covered 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. Page 1 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form 5. “Fungi” a. b. “Fungi” means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. Under Section Il — Liability Coverages, this does not include any “fungi”, or bacteria that are, are on, or are contained in a good or product intended for consumption. 6. “Hurricane Occurrence” A “hurricane occurrence”: b. c. Begins at the time a hurricane watch or warning is issued for any part of Florida by the National Hurricane Center of the National Weather Service; Continues for the time period during which the hurricane conditions exist anywhere in Florida; and Ends seventy-two (72) hours following the termination of the last hurricane watch or hurricane warning issued for any part of Florida by the National Hurricane Center of the National Weather Service. 7. “Insured” means: d. You and residents of your household who are: (1) Your relatives; or (2) Other persons under the age of 21 and in your care or the care of a resident of your household who is your relative; A student enrolled in school full-time, as defined by the school, who was a resident of your household before moving out to attend school, provided the student is under the age of: (1) 24 and your relative; or (2) 21 and in your care or the care of a resident of your household who is your relative; or Under Section Il: (1) 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 described in B. 7.a. or b. "Insured" does not mean a person or organization using or having custody of these animals or watercraft in the course of any "business" or without consent of the owner; or (2) With respect to a "motor vehicle" to which this policy applies: (a) Persons while engaged in your employ or that of any person described in B. 7.a. or b.; or (b) Other persons using the vehicle on an "insured location" with your consent. Under both Sections | and Il, when the word an immediately precedes the word insured", the words an "insured" together mean one or more "insureds". 8. “Insured Location” means: a. b. _ The “residence premises”; The part of other premises, other structures, and grounds used by you as a residence; and (1) Which is shown in the Declarations; or (2) Which is acquired by you during the policy period for your use as a residence; Any premises used by you in connection with a premises described in 8 a. and 8 b. above; Any part of a premises: (1) Not owned by an “insured”; and (2) Where an “insured” is temporarily residing; Vacant land, other than farm land, owned by or rented to an “insured”; 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”; Page 2 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form 10. 11. 12. 13. 14. 15. 16. 17. 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: a. Disfigure; b. Deface; c. Scar; or d. Blemish. “Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the policy period, in: a. “Bodily Injury”; or b. “Property damage.” “Personal Injury” means injury arising out of one or more of the following offenses committed during the policy period: a. False arrest, detention, or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupied, 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; e. Oral or written publication of material that violates a person’s right of privacy; or Electronic aggression including but not limited to harassment or bullying committed by means of any electronic forum, including but not limited to a blog, an electronic bulletin board, an electronic chat room, a gripe site, a social networking site, a web site, a web blog, email, instant messaging, or text messaging. “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 where you reside on the “residence premises” shown in the Declarations, including structures attached to the dwelling. “Principal Building” does not include any other buildings or structures at that location. “Property Damage” means physical damage to, destruction of, loss of use of, or the theft of tangible property. “Residence Employee” means: a. An employee of an “insured,” whose duties are related to the maintenance or use of the “residence premises,” including landscape, household or domestic services; or b. One who performs similar duties elsewhere not related to the “business” of an “insured.” “Residence Premises” means: a. The one-family dwelling where you reside; b. The two, three, or four family dwelling where you reside in at least one of the family units; or c. The part of any other building where you reside; and which is shown as the Insured Location in the Declarations. “Residence Premises” also includes other structures and grounds at that location. ” Page 3 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form 18. 19. 20. 21. 22. 23. 24. “Sinkhole” means a landform created by subsidence of soil, sediment, or rock as underlying strata are dissolved by groundwater. A “sinkhole” forms by collapse into subterranean voids created by dissolution of limestone or dolostone or by subsidence as these strata are dissolved. “Sinkhole Activity” means settlement or systematic weakening of the earth supporting the covered building only if the settlement or systematic weakening results from contemporaneous movement or raveling of soils, sediments or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation. “Sinkhole Loss” means “structural damage” to the covered building, including the foundation, caused by or arising out of “sinkhole activity.” “Structural Damage” means a “principal building,” regardless of the date of its construction, has experienced the following: a. Interior floor displacement or deflection in excess of acceptable variances as defined in ACI 117-90 or the Florida Building Code, which results in settlement related damage to the interior such that the interior building structure or members become unfit for service or represents a safety hazard as defined within the Florida Building Code; b. Foundation displacement or deflection in excess of acceptable variances as defined in ACI 318-95 or the Florida Building Code, which results in settlement related damage to the “primary structural members” or “primary structural systems” that prevents those members or systems from supporting the loads and forces they were designed to support to the extent that stresses in those “primary structural members” or “primary structural systems” exceeds one and one-third the nominal strength allowed under the Florida Building Code for new buildings of similar structure, purpose, or location; c. Damage that results in listing, leaning, or buckling of the exterior load bearing walls or other vertical “primary structural members” to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base as defined within the Florida Building Code; d. Damage that results in the building, or any portion of the building containing “primary structural members” or “primary structural systems,” being significantly likely to imminently collapse because of movement or instability of the ground within the influence zone of the supporting ground within the sheer plane necessary for the purpose of supporting such building as defined within the Florida Building Code; or e. Damage occurring on or after October 15, 2005, that qualifies as “substantial structural damage” as defined in the Florida Building Code. “Supplemental Claim" or “Reopened Claim” means any additional claim for recovery from us for any loss we previously adjusted pursuant to an initial claim. “Unoccupied” means the dwelling is not being inhabited as a residence. “Vacant” means that the dwelling lacks the necessary amenities, adequate furnishings, or utilities and services to permit occupancy of the dwelling as a residence. SECTION I - PROPERTY COVERAGES A. Coverage A — Dwelling 1. We cover: a. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling; and Page 4 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form 2. b. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises". We do not cover land, including land on which the dwelling is located. Special Limits of Liability - Coverage A Cosmetic and Aesthetic Damage to Floors The total limit of liability for Coverage A is $10,000 per policy period for cosmetic and aesthetic damages to floors. 1. 2. 3. 4. Cosmetic or aesthetic damage includes but is not limited to: a. Chips; b. Scratches; c. Dents; or d. Any other damage; to less than five percent (5%) of the total floor surface area and does not prevent typical use of the floor. This limit includes the cost of tearing out and replacing any part of the building necessary to repair the damaged flooring. This limit does not increase the Coverage A limit of liability shown on the declaration page. This limit does not apply to cosmetic or aesthetic damage to floors caused by a Peril Insured Against as named and described for Coverage C - Personal Property. B. Coverage B — Other Structures 1. We cover other structures, when premium for Coverage B is shown on the Declarations page, on the "residence premises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection. We do not cover: a. Land, including land on which the other structures are located; b. Other structures rented or held for rental to any person not a tenant of the dwelling, unless used solely as a private garage; c. Other structures from which any "business" is conducted; or d. Other structures used to store "business" property. However, we do cover a structure that contains "business" property solely owned by an "insured" or a tenant of the dwelling, provided that "business" property does not include gaseous or liquid fuel, other than fuel in a permanently installed fuel tank of a vehicle or craft parked or stored in the structure. The limit of liability for this coverage will not be more than ten percent (10%) of the limit of liability that applies to Coverage A. Use of this coverage does not reduce the Coverage A limit of liability. Coverage C — Personal Property 1. Covered Property We cover personal property, when premium for Coverage C is shown on the Declarations page, owned or used by an "insured" while it is anywhere in the world. After a loss and at your request, we will cover personal property owned by: a. Others while the property is on the part of the "residence premises" occupied by an “insured"; or Page 5 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form b. A guest or a "residence employee", while the property is in any residence occupied by an "insured". 2. Limit For Property At Other Locations a. Other Residences Our limit of liability for personal property usually located at an "insured's" residence, other than the "residence premises", is ten percent (10%) of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to personal property: (1) Moved from the "residence premises" because it is: (a) Being repaired, renovated or rebuilt; and (b) Not fit to live in or store property in; or (2) In a newly acquired principal residence for thirty (30) days from the time you begin to move the property there. b. Self-storage Facilities Our limit of liability for personal property owned or used by an "insured" and located in a self-storage facility is ten percent (10%) of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to personal property: (1) Moved from the "residence premises" because it is: (a) Being repaired, renovated or rebuilt; and (b) Not fit to live in or store property in; or (2) Usually located in an "insured's" residence, other than the "residence premises". 3. Special Limits Of Liability The special limit for each category shown below is the total limit for each loss for all property in that category. These special limits do not increase the Coverage C limit of liability. a. $200 on money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum other than platinumware, coins, medals, scrip, stored value cards and smart cards. b. $1,500 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, personal records, passports, tickets and stamps. This dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the material exists. This limit includes the cost to research, replace or restore the information from the lost or damaged material. c. $1,500 on “watercraft” and “personal watercraft” of all types, including their trailers, furnishings, equipment and outboard engines or motors. d. $1,500 on trailers or semitrailers not used with “watercraft” or “personal watercraft” of all types. e. $1,500 for loss by theft of jewelry, watches, furs, precious and semiprecious stones. f. $2,500 for loss by theft of firearms and related equipment. g. $2,500 for loss by theft of silverware, silver-plated ware, goldware, gold-plated ware, platinumware, platinum-plated ware and pewter ware. This includes flatware, hollowware, tea sets, trays and trophies made of or including silver, gold or pewter. h. $2,500 on property, on the "residence premises", used primarily for "business" purposes. i. $1,500 on property, away from the "residence premises", used primarily for "business" purposes. However, this limit does not apply to antennas, tapes, wires, records, disks or other media that are: (1) Used with electronic equipment that reproduces, receives or transmits audio, visual or data signals; and Page 6 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form (2) In or upon a "motor vehicle". $1,500 on portable electronic equipment that: (1) Reproduces, receives or transmits audio, visual or data signals; (2) ls designed to be operated by more than one power source, one of which is a "motor vehicle's" electrical system; and (3) Is in or upon a "motor vehicle". $250 for antennas, tapes, wires, records, disks or other media that are: (1) Used with electronic equipment that reproduces, receives or transmits audio, visual or data signals; and (2) In or upon a "motor vehicle"; and $500 is the maximum loss payable for covered property stored in a freezer or a refrigerator on the “residence premise”. 4. Property Not Covered We do not cover: b. c. z ano Articles separately described and specifically insured, regardless of the limit for which they are insured, in this or other insurance; Animals, birds or fish; “Motor vehicles". This includes a "motor vehicle's" equipment and parts. However, this Paragraph 4.c. does not apply to: (1) Portable electronic equipment that: (a) Reproduces, receives or transmits audio, visual or data signals; and (b) Is designed so that it may be operated from a power source other than a “motor vehicle’s” electrical system. (2) "Motor vehicles" not required to be registered for use on public roads or property which are: (a) Used solely to service a residence; or (b) Designed to assist the handicapped; “Aircraft”. “We do cover model or hobby aircraft, except drones, not used or designed to carry people or cargo; “Hovercraft”; “Drone”; Property of roomers, boarders and other tenants, except property of roomers and boarders related to an "insured"; Property in an apartment regularly rented or held for rental to others by an “insured”, except as provided in E. 10. Landlord’s Furnishings und Section | — Property Coverages; Property rented or held for rental to others off the "residence premises"; “Business” data, including such data stored in: (1) Books of account, drawings or other paper records; or (2) Computers and related equipment. However, we do cover the cost of blank recording or storage media and of prerecorded computer programs available on the retail market; Credit cards, electronic fund transfer cards except as provided in ADDITIONAL COVERAGES 6; or Mopeds or similar motorized bicycles of any horsepower. Page 7 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form D. Coverage D — Loss Of Use The limit of liability for Coverage D is the total limit for the coverages in 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use below. 1. Additional Living Expense If a loss covered under Section | makes that part of the "residence premises" where you reside not fit to live in, we cover any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living. Payment will be for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle elsewhere. 2. Fair Rental Value If a loss covered under Section I makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the fair rental value of such premises less any expenses that do not continue while it is not fit to live in. Payment will be for the shortest time required to repair or replace such premises. 3. Civil Authority Prohibits Use If a civil authority prohibits you from use of the "residence premises" as a result of direct damage to neighboring premises by a Peril Insured Against, we cover the loss as provided in 1. Additional Living Expense and 2. Fair Rental Value above for no more than two (2) weeks. 4. Loss Or Expense Not Covered We do not cover loss or expense due to cancellation of a lease or agreement. The periods of time under 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use above are not limited by expiration of this policy. E. Additional Coverages 1. Debris Removal a. We will pay your reasonable expense for the removal of: (1) Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or (2) Ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a building. This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged property, an additional five percent (5%) of that limit is available for such expense. b. We will also pay your reasonable expense, up to $1,000, for the removal from the "residence premises" of: (1) Your trees felled by the peril of Windstorm or Hail; (2) Your trees felled by the peril of Weight of Ice, Snow or Sleet; or (3) A neighbor's tree(s) felled by a Peril Insured Against under Coverage C; provided the trees damage a covered structure. The $1,000 limit is the most we will pay in any one loss, regardless of the number of fallen trees. No more than $500 of this limit will be paid for the removal of any one tree. This coverage is additional insurance. 2. Reasonable Repairs a. We will pay the reasonable cost incurred by you for the necessary measures taken solely to protect covered property that is damaged by a Peril Insured Against from further damage. Page 8 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form b. If the measures taken involve repair to other damaged property, we will only pay if that property is covered under this policy and the damage is caused by a Peril Insured Against. This coverage does not: (1) Increase the limit of liability that applies to the covered property; or (2) Relieve you of your duties, in case of a loss to covered property, described in C.5 under Section I - Conditions. 3. Trees, Shrubs And Other Plants We cover trees, shrubs, plants or lawns, on the "residence premises", for loss caused by the following Perils Insured Against: Fire or Lightning; Explosion; Riot or Civil Commotion; Aircraft; Vehicles not owned or operated by a resident of the "residence premises"; Vandalism or Malicious Mischief; or . Theft. We will pay up to five percent (5%) of the limit of liability that applies to the dwelling for all trees, shrubs, plants or lawns. No more than $500 of this limit will be paid for any one tree, shrub or plant. We do not cover property grown for "business" purposes. This coverage is additional insurance. 4. Fire Department Service Charge We will pay up to $500 for your liability assumed by contract or agreement for fire department charges incurred when the fire department is called to save or protect covered property from a Peril Insured Against. We do not cover fire department service charges if the property is located within the limits of the city, municipality or protection district furnishing the fire department response. This coverage is additional insurance. No deductible applies to this coverage. 5. Property Removed We insure covered property against direct loss from any cause while being removed from a premises endangered by a Peril Insured Against and for no more than thirty (30) days while removed. This coverage does not change the limit of liability that applies to the property being removed. 6. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money a. We will pay up to $500 for: (1) The legal obligation of an "insured" to pay because of the theft or unauthorized use of credit cards issued to or registered in an "insured's" name; (2) Loss resulting from theft or unauthorized use of an electronic fund transfer card or access device used for deposit, withdrawal or transfer of funds, issued to or registered in an "insured's" name; (3) Loss to an "insured" caused by forgery or alteration of any check or negotiable instrument; and (4) Loss to an "insured" through acceptance in good faith of counterfeit United States or Canadian paper currency. All loss resulting from a series of acts committed by any one person or in which any one person is concerned or implicated is considered to be one loss. This coverage is additional insurance. No deductible applies to this coverage. emeaeop Page 9 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form b. We do not cover: (1) Use of a credit card, electronic fund transfer card or access device: (a) By a resident of your household; (b) By a person who has been entrusted with either type of card or access device; or (c) If an "insured" has not complied with all terms and conditions under which the cards are issued or the devices accessed; (2) Loss arising out of "business" use or dishonesty of an "insured". c. If the coverage in a. above applies, the following defense provisions also apply: (1) We may investigate and settle any claim or suit that we decide is appropriate. Our duty to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability. (2) If a suit is brought against an "insured" for liability under a. (1) or (2) above, we will provide a defense at our expense by counsel of our choice. (3) We have the option to defend at our expense an "insured" or an "insured's" bank against any suit for the enforcement of payment under a. (3) above. 7. Loss Assessment a. We will pay up to $1,000 for your share of loss assessment charged during the policy period against you, as owner or tenant of the "residence premises", by a corporation or association of property owners. The assessment must be made as a result of direct loss to property, owned by all members collectively, of the type that would be covered by this policy if owned by you, caused by a Peril Insured Against under Coverage A, other than: (1) Earthquake; or (2) Land shock waves or tremors before, during or after a volcanic eruption. The limit of $1,000 is the most we will pay with respect to any one loss, regardless of the number of assessments. We will only apply one deductible, per unit, to the total amount of any one loss to the property described above, regardless of the number of assessments. b. We do not cover assessments charged against you or a corporation or association of property owners by any governmental body. c. Paragraph A. Policy Period under Section | and Il — Conditions does not apply to this coverage. This coverage is additional insurance. 8. Collapse a. The coverage provided under this Additional Coverage — Collapse applies only to an abrupt collapse. b. For the purpose of this Additional Coverage — Collapse, abrupt collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. c. This Additional Coverage — Collapse does not apply to: (1) A building or any part of a building that is in danger of falling down or caving in; (2) A part of a building that is standing, even if it has separated from another part of the building; or (3) A building or any part of a building that is standing, even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. d. We insure for direct physical loss to covered property involving abrupt collapse of a building or any part of a building if such collapse was caused by one or more of the following: (1) The Perils Insured Against named under Coverage C; Page 10 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form (2) Decay, of a building or any part of a building, that is hidden from view, unless the presence of such decay is known to an "insured" prior to collapse; (3) Insect or vermin damage, to a building or any part of a building, that is hidden from view, unless the presence of such damage is known to an "insured" prior to collapse; (4) Weight of contents, equipment, animals or people; (5) Weight of rain which collects on a roof; or (6) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. e. Loss to an awning, fence, patio, deck, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf or dock is not included under d.(2) through (6) above, unless the loss is a direct result of the collapse of a building or any part of a building. f. This coverage does not increase the limit of liability that applies to the damaged covered property. 9. Glass Or Safety Glazing Material a. We cover: (1) The breakage of glass or safety glazing material which is part of a covered building, storm door or storm window; (2) The breakage of glass or safety glazing material which is part of a covered building, storm door or storm window when caused directly by earth movement; and (3) The direct physical loss to covered property caused solely by the pieces, fragments or splinters of broken glass or safety glazing material which is part of a building, storm door or storm window. b. This coverage does not include loss: (1) To covered property which results because the glass or safety glazing material has been broken, except as provided in a.(3) above; or (2) On the "residence premises" if the dwelling has been vacant for more than sixty (60) consecutive days immediately before the loss, except when the breakage results directly from earth movement as provided in a.(2) above. A dwelling being constructed is not considered vacant. c. This coverage does not increase the limit of liability that applies to the damaged property. 10. Landlord Furnishings We will pay up to $2,500 for “your” appliances, carpeting and other household furnishings, in each apartment on the “residence premises” regularly rented or held for rental to others by an “insured”, for loss caused by a Peril Insured Against in Coverage C, other than Theft. 11. "Fungi", Wet Or Dry Rot, Or Bacteria a. We will pay up to $10,000 for: (1) The total of all loss payable under Section | — Property Coverages caused by "fungi", wet or dry rot, or bacteria; (2) The cost to remove "fungi", wet or dry rot, or bacteria from property covered under Section | — Property Coverages; (3) The cost to tear out and replace any part of the building or other covered property as needed to gain access to the "fungi", wet or dry rot, or bacteria; Page 11 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission.People’s Trust Insurance Company Homeowners HO3 - Special Form (4) The cost of testing of air or property to confirm the absence, presence or level of "fungi", wet or dry rot, or bacteria, whether performed prior to, during or after removal, repair, restoration or replacement; the cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of "fungi", wet or dry rot, or bacteria. b. The coverage described in a. only applies when such loss or costs are a result of a Peril Insured Against that occurs during the policy period and only if all reasonable means were used to save and preserve the property from further damage at and after the time the Peril Insured Against occurred. c. $10,000 is the most we will pay for the total of all loss or costs payable under this Additional Coverage regardless of the: (1) Number of locations insured; or (2) Number of claims made. d. If there is covered loss or damage to covered property not caused, in whole or in part, by "fungi", wet or dry rot, or bacteria, loss