Party Notice: ODOM, PATSY J vs. TOWER HILLL SIGNATURE INSURANCE COMPANY

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                                Filing # 103604985 E-Filed 02/20/2020 09:44:08 AM

IN THE CIRCUIT COURT, 14TH
JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA

CASENO.: 19004405 CA
PATSY J. ODOM,
Plaintiff,
v.

TOWER HILL SIGNATURE INSURANCE
COMPANY, a Florida insurance corporation,

Defendant.

PLAINTIFE’S NOTICE OF FILING

The undersigned attorney for the Plaintiff, PATSY J. ODOM, hereby gives notice of filing
Plaintiff's policy of insurance with Defendant with the Bay County Circuit Court. This policy is

being filed in opposition to Defendant’s Motion to Dismiss.

TYLER & HAMILTON, P.A.

/s/Clark Hamilton, Jr.

CLARK HAMILTON, JR.
Florida Bar No,: 311731

4741 Atlantic Boulevard, Suite A
Jacksonville, Florida 32207
(904) 398-9999 Telephone

(904) 398-0806 Facsimile
tandhpa@bellsouth.net

 

andMANUEL & THOMPSON, P.A.

Jay Manuel, Esq.

Florida Bar No.: 651052

120 Richard Jackson Boulevard, Suite 200
Panama City, FL 325407

(850) 785-5555 Telephone

(850) 785-0133 Facsimile
jay@manuelthompson.com
lucy@manuelthompson.com

Attorneys for Plaintiff, PATSY J. ODOM

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing document has been
furnished via Electronic Mail (Email) and the Florida Courts E-Filing Portal to: NICOLE M.
FLUET, ESQ. AND SARAH K. CULLETON, ESQ., Galloway, Johnson, Tompkins, Burr &
Smith, PLC, 400 N Ashley Drive, Suite 1000, Tampa, FL 33602, attorneys for Defendant, this 20"
day of February, 2020.

/s/ Clark Hamilton, Jr.
Attorney

 

Page -2-oO
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Tower Hill Signature
Insurance Company

j@ P.O, Box 147018 Gainesville, FL 32614-7018

HOMEOWNERS

DECLARATIONS

THIS IS NOT A BILL.

Payment notice will be sent separately
to: The Insured

Insured

PATSY J ODOM

PO BOX 8527

PANAMA CITY, FL 32409-8527

POLICY NUMBER

PIH0384517
Renewal

Issued On:
02/27/2018

AGENCY FLPS594
Dalton Insurance Agency
1319 ILLINOIS AVENUE
LYNN HAVEN, FL 32444

PHONE NUMBER: (850) 265-6088

POLICY PERIOD: 04/26/2018 to 04/26/2019. Each period begins and ends at 12:01 AM standard time at the insured location.

INSURED LOCATION: 7601 KINGSWOOD RD
SOUTHPORT, FL 32409

Coverage is provided where a premium or limit is shown for the coverage.

 

 

 

SECTION I - PROPERTY COVERAGE LIMIT SECTION II - LIABILITY COVERAGE LIMIT
COVERAGE A - Dwelling $274,000 COVERAGE E - Personal Liability $300,000
COVERAGE B - Other Structures $5,480 Each Occurrence
COVERAGE C - Personal Property $137,000 COVERAGE F - Medical Payments to Others $5,000
COVERAGE D - Loss of Use $27,400 Each Person
BREAKDOWN OF PREMIUM:
Charges Limit Premium
Section | and II Premium $1,951.00
Catastrophic Ground Cover Collapse Coverage Incl
Dog Liability Coverage $25.00
Limited Fungi, Wet or Dry Rot, or Bacteria Coverage $10,000/$10,000 Incl
Ordinance or Law Coverage 25% $137.00
Personal Injury Coverage $15.00
Personal Property Replacement Cost without Holdback $412.00
Sinkhole Loss Coverage - 10% Sinkhole Deductible $11.00
Water Back-Up and Sump Discharge or Overflow $100.00
Deductible = $250
Emergency Management Preparedness and Assistance Trust Fund (EMPAT) Fee $2.00
Managing General Agency (MGA) Fee $25.00
Credits Premium
All Other Perils Deductible Credit Incl
Building Code Effectiveness Grading Schedule (BCEGS) Credit Inct
Hurricane Deductible Credit Incl
Loss Free Credit Incl
New Home Discount Incl
Senior or Retiree Credit Inci
(Total Policy Premium: $2,678.00)

 

RP-HO-DEC (02/17)

Page: 1POLICY NUMBER
PIH0384517

 

DEDUCTIBLE (Section | Only):

The Calendar Year Hurricane Deductible is $5,480 (2% of Coverage A).
The Sinkhole Loss Deductible is $27,400 (10% of Coverage A).
The All Other Perils Deductible is $1,000.

~ In case of loss under Section |, we cover only that part of the covered loss over the deductible stated.

 

Mortgagee Information:
NONE
Important: Please notify your agent immediately if the mortgage company shown is incorrect.

BASIC RATING INFORMATION:

 

 

PROGRAM FORM CODE TERRITORY COUNTY CONSTRUCTION CONSTRUCTION
YEAR TYPE

RPFLHO HO-3 454 BAY 2001 Masonry Veneer
FIRE PROTECTION BUILDING CODE WIND PROTECTIVE

CLASS ROOF TYPE (BCEG) GRADE DEVICE PROTECTIVE DEVICE

5 Gable 4 None None

PREMIUM SUMMARY: Hurricane Premium: $1,198.00
Non-hurricane Premium: $1,480.00

APPLICABLE FORMS AND ENDORSEMENTS:

RPIC HO 09 COV (04/09), HO 00 03 (04/91), HO 04 96 (04/91), HO 24 82 (04/91), HP-0477-00 (01/09), IL-0001 (11/01),
IL-0010 (02/11), IL-0301-00 (09/11), IL-0503-00 (09/16), IL-P-001 (01/04), IL-WMCA (04/11), Privacy Notice (05/13), RP-CKLS.
HO (06/11), RPI HO 09 04 90 (03/11), RPI HO 09 DL (03/08), RP! HO 09 DN (09/06), RPI HO 09 ED (12/08), RPI HO 09 ELE
(02/10), RPI HO 09 FCE (09/16), RPI HO 09 HD (01/06), RPI HO 09 OTL (06/11), RPI HO 09 SLD (01/16), RPI HO 09 SP
(10/17), RPI HO 09 WBU (09/16)

NOTICES:

* This policy does not provide Flood coverage.

* Your Building Code Effectiveness Grading schedule adjustment is -6%. The adjustments can range from a surcharge of
1% to a discount of -12%.

* This Declarations replaces all previously issued policy Declarations, if any. This Declarations together with your policy
and endorsements completes your policy. Refer to your policy and endorsements for details regarding your coverages,
limits, and exclusions.

* To request the complete copy of your policy including all forms, endorsements, terms and conditions, please contact
our Customer Service Center at (800) 342-3407 between the hours of 8:00 am and 6:00 pm, Monday through Friday
(Eastern Time), excluding holidays.

RENEWAL NOTICES:
* Premium change due to coverage change $67.00.
« Premium change due to rate increase/decrease $0.00.

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

RP-HO-DEC (02/17) Page: 200400400000 PIH0384517 406477 SDEC

POLICY NUMBER
PIH0384517

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

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

Loe cet
COUNTERSIGNATURE;

Countersigned by Authorized Representative: Stephen E. Allnutt Prepared: 02/27/2018

 

AGENCY PHONE: (850) 265-6088
CUSTOMER SERVICE: (800) 342-3407

QUESTIONS: If you have questions about your insurance policy or coverages, please contact your agent.
If you have payment or billing questions, please call the Customer Service number or contact your
agent.

TO FILE A CLAIM: Tower Hill Insurance Services, LLC PHONE: (800) 216-3711 (24 hours a day, 7 days a week)
PO Box 143180 FAX: (352) 248-2167
Gainesville, FL 32614-3180

FRAUD HOTLINE: (866) 265-6590 (Toll Free and Confidential)

 

 

 

RP-HO-DEC (02/17) Page: 3This page is intentionally left blankTABLE OF CONTENTS

DEFINITIONG........-:0sscsssseeseenenesnensensansneaceneseesensuseneaesnsoesneanenrenteceeteessnsnerneseneeneets 1
SECTION | COVERAGES

COVERAGE A — DWELLING............:0++
COVERAGE B - OTHER STRUCTURES...
COVERAGE C — PERSONAL PROPERTY.
COVERAGE D - LOSS OF USE...
ADDITIONAL COVERAGES..
PERILS INSURED AGAINST.
EXCLUSIONS.
CONDITIONS

 

 
 
 
 
 
 
 

CHOHDRYNNN

SECTION II LIABILITY

COVERAGE E — PERSONAL LIABILITY .......s.ssscsesee
COVERAGE F — MEDICAL PAYMENTS TO OTHERS.
EXCLUSIONS.
ADDITIONAL C

 

  
 

GENERAL POLICY CONDITIONS .......ccsscssssesseessensscorsesseneesaeresesnennacseeeeuensonseesenenenenees 17

Your policy is valid only if our agent countersigns it on the Declarations Page. Your
policy is executed by officers of the Company.

Chief Executive Officer Vice President

RPIC HO 09 COV 04 09 LoftHOMEOWNERS
HO 00 03 04 91

HOMEOWNERS 3
SPECIAL FORM

AGREEMENT

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

provisions of this policy.

DEFINITIONS

In this policy, "you" and "your" refer to the "named

insured” shown in the Declarations and the spouse if a

resident of the same household. "We," "us" and "our"

refer to the Company providing this insurance. in addi-

tion, certain words and phrases are defined as follows:

1. "Bodily injury" means bodily harm, sickness or
disease, including required care, loss of services
and death that results.

2. "Business" includes trade, profession or occupa-
tion.

3. "Insured" means you and residents of your house-
hold who are:

a. Your relatives; or

b. Other persons under the age of 21 and in the
care of any person named above.

Under Section II, "insured" also means:

c. With respect to animals or watercraft to which
this policy applies, any person or organization
legally responsible for these animals or water-
craft which are owned by you or any person in-
cluded in 3.a. or 3.b. above. A person or organi-
zation using or having custody of these animals
or watercraft in the course of any "business" or
without consent of the owner is not an "insured";

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

(1) Persons while engaged in your employ or
that of any person included in3.a. or 3.b.
above; or

(2) Other persons using the vehicle on an "in-
sured location" with your consent.

4, "Insured location” means:
a. The "residence premises";

b. 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 in 4.a. and 4.b. above;

d. Any part of a premises:
(1) Not owned by an "insured"; and
(2) Where an "insured" is temporarily residing;

e. Vacant land, other than farm land, owned by or
rented to an "insured";

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

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

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

. "Occurrence" means an accident, including con-

tinuous or repeated exposure to substantially the
same general harmful conditions, which results,
during the policy period, in:

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

. "Property damage" means physical injury to, de-

struction of, or loss of use of tangible property.

. “Residence employee" means:

a. An employee of an "insured" whose duties are
related to the maintenance or use of the "resi-
dence premises," including household or do-
mestic 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, other structures, and
grounds; or

b. That part of any other building;
where you reside and which is shown as the "resi-
dence premises" in the Declarations.

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

HO 00 03 04 91 Copyright, Insurance Services Office, Inc., 1990 Page 1 of 18SECTION I —- PROPERTY COVERAGES

COVERAGE A - Dwelling
We cover:

1. The dwelling on the “residence premises" shown in
the Declarations, including structures attached to
the dwelling; and

2. Materials and supplies located on or next to the
"residence premises" used to construct, alter or re-
pair the dwelling or other structures on the "resi-
dence premises."

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

COVERAGE B - Other Structures

We cover other structures on the "residence premises"
set apart from the dwelling by clear space. This in-
cludes structures connected to the dwelling by only a
fence, utility line, or similar connection.

This coverage does not apply to land, including land on
which the other structures are located.

We do not cover other structures:
1. Used in whole or in part for "business"; or

2. Rented or held for rental to any person not a tenant
of the dwelling, unless used solely as a private ga-
rage.

The limit of liability for this coverage will not be more

than 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

We cover personal property owned or used by an "in-
sured" while it is anywhere in the world. At your re-
quest, we will cover personal property owned by:

1. Others while the property is on the part of the "resi-
dence premises" occupied by an "insured",

2. A guest or a "residence employee," while the prop-
erty is in any residence occupied by an “insured."

Our limit of fiability for personal property usually located
at an “insured’s" residence, other than the “residence
premises,” is 10% of the limit of liability for Coverage C,
or $1000, whichever is greater. Personal property in a
newly acquired principal residence is not subject to this
limitation for the 30 days from the time you begin to
move the property there.

Special Limits of Liability. These limits do not in-
crease the Coverage C limit of liability. The special limit
for each numbered category below is the total limit for
each loss for all property in that category.

Page 2 of 18

Copyright, Insurance Services Office, Inc., 1990

1. $200 on money, bank notes, bullion, gold other than
goldware, silver other than silverware, platinum,
coins and medals.

2. $1000 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 cate-
gories 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.

3. $1000 on watercraft, including their trailers, furnish-
ings, equipment and outboard engines or motors.

4. $1000 on trailers not used with watercraft.

5. $1000 for loss by theft of jewelry, watches, furs,
precious and semi-precious stones.

6. $2000 for loss by theft of firearms.

7. $2500 for loss by theft of silverware, silver-plated
ware, goldware, gold-plated ware and pewterware.
This includes flatware, hollowware, tea sets, trays
and trophies made of or including silver, gold or
pewter.

8. $2500 on property, on the "residence premises,"
used at any time or in any manner for any "busi-
ness" purpose.

9. $250 on property, away from the "residence prem-
ises," used at any time or in any manner for any
"business" purpose. However, this limit does not
apply to loss to adaptable electronic apparatus as
described in Special Limits 10, and 11. below.

10.$1000 for loss to electronic apparatus, while in or
upon a motor vehicle or other motorized land con-
veyance, if the electronic apparatus is equipped to
be operated by power from the elecirical system of
the vehicle or conveyance while retaining its capa-
bility of being operated by other sources of power.
Electronic apparatus includes:
a. Accessories or antennas; or
b. Tapes, wires, records, discs or other media;

for use with any electronic apparatus.

HO 00 03 04.9111.$1000 for loss to electronic apparatus, while not in
or upon a motor vehicle or other motorized land
conveyance, if the electronic apparatus:

a. Is equipped to be operated by power from the
electrical system of the vehicle or conveyance
while retaining its capability of being operated by
other sources of power;

b. Is away from the “residence premises”; and

¢. Is used at any time or in any manner for any
“business” purpose.

Electronic apparatus includes:
a. Accessories and antennas; or
b. Tapes, wires, records, discs or other media;
for use with any electronic apparatus.
Property Not Covered. We do not cover:

1. Articles separately described and specifically in-
sured in this or other insurance;

2. Animals, birds or fish;

3. Motor vehicles or all other motorized land convey-
ances. This includes:

a. Their equipment and accessories; or

b. Electronic apparatus that is designed to be
Operated solely by use of the power from the
electrical system of motor vehicles or all other
motorized land conveyances. Electronic appara-
tus includes:

(1) Accessories or antennas; or
(2) Tapes, wires, records, discs or other media;
for use with any electronic apparatus.

The exclusion of property described in 3.a. and
3.b. above applies only while the property is in
or upon the vehicle or conveyance.

We do cover vehicles or conveyances not subject to
motor vehicle registration which are:

a. Used to service an “insured’s" residence; or
b. Designed for assisting the handicapped;

4. Aircraft and parts. Aircraft means any contrivance
used or designed for flight, except model or hobby
aircraft not used or designed to carry people or
cargo;

5. Property of roomers, boarders and other tenants,
except property of roomers and boarders related to
an “insured”;

6. Property in an apartment regularly rented or held for
rental to others by an “insured,” except as provided
in Additional Coverages 10.;

7. Property rented or held for rental to others off the
“residence premises",

8.

9.

"Business" data, including such data stored in:

a. Books of account, drawings or other paper re-
cords; or

b. Electronic data processing tapes, wires, re
cords, discs or other software media;

However, we do cover the cost of blank recording or
storage media, and of pre-recorded computer pro-
grams available on the retail market, or

Credit cards or fund transfer cards except as pro-
vided in Additional Coverages 6.

COVERAGE D - Loss Of Use

The limit of liability for Coverage D is the total limit for
all the coverages that follow.

1.

If a loss covered under this Section makes that part
of the “residence premises" where you reside not fit
to live in, we cover, at your choice, either of the fol-
lowing. However, if the "residence premises" is not
your principal place of residence, we will not provide
the option under paragraph b. below.

a. Additional Living Expense, meaning any
necessary increase in living expenses incurred
by you so that your household can maintain its
normal standard of living; or

b. Fair Rental Value, meaning the fair rental value
of that part of the "residence premises" where
you reside less any expenses that do not con-
tinue while the premises is not fit to live in.

Payment under a. or b. 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.

. If aloss covered under this Section 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, meaning the fair rental value
of that part of the "residence premises" rented to
others or held for rental by you less any ex-
penses that do not continue while the premises
is not fit to live in.

Payment will be for the shortest time required to re-
pair or replace that part of the premises rented or
held for rental.

. 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
in this policy, we cover the Additional Living Ex-
pense and Fair Rental Value loss as provided under
1. and 2. above for no more than two weeks.

HO 00 03 04 91 Copyright, Insurance Services Office, Inc., 1990 Page 3 of 18The periods of time under 1., 2. and 3. above are not
limited by expiration of this policy.

We do not cover loss or expense due to cancellation of
a lease or agreement.

ADDITIONAL COVERAGES

1. Debris Removal. We will pay your reasonable
expense for the removal of:

a. Debris of covered property if a Peril Insured
Against that applies to the damaged property
causes the loss; or

b. Ash, dust or particles from a volcanic eruption
that has caused direct loss to a building or
property contained in a building.

This expense is included in the limit of liability that

applies to the damaged property. If the amount to

be paid for the actual damage to the property plus
the debris removal expense is more than the limit of

liability for the damaged property, an additional 5%

of that limit of liability is available for debris removal

expense.

We will also pay your reasonable expense, up to
$500, for the removal from the "residence premises"
of:

a. Your tree(s) felled by the peril of Windstorm or
Hail;

b. Your tree(s) felled by the peril of Weight of Ice,
Snow or Sleet; or

c. A neighbor's tree(s) felled by a Peril Insured
Against under Coverage C;

provided the tree(s) damages a covered structure.
The $500 limit is the most we will pay in any one
loss regardless of the number of fallen trees.

2. Reasonable Repairs. In the event that covered
property is damaged by an applicable Peril Insured
Against, we will pay the reasonable cost incurred
by you for necessary measures taken solely to pro-
tect against further damage. If the measures taken
involve repair to other damaged property, we will pay
for those measures only if that property is covered
under this policy and the damage to that property is
caused by an applicable Peril Insured Against.

This coverage:

a. Does not increase the limit of liability that ap-
plies to the covered property;

b. Does not relieve you of your duties, in case of a
loss to covered property, as set forth in
SECTION | - CONDITION 2.d,

Page 4 of 18

6.

. Trees, Shrubs and Other Plants. We cover trees,

shrubs, plants or lawns, on the "residence prem-
ises," for loss caused by the following Perils In-
sured Against: Fire or lightning, Explosion, Riot or
civil commotion, Aircraft, Vehicles not owned or op-
erated by a resident of the “residence premises,"
Vandalism or malicious mischief or Theft.

We will pay up to 5% of the limit of liability that ap-
Plies to the dwelling for all trees, shrubs, plants or
lawns. No more than $500 of this limit will be avail-
able for any one tree, shrub or plant. We do not
cover property grown for "business" purposes.

This coverage is additional insurance.

. 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, mu-
nicipality or protection district furnishing the fire de-
partment response.

This coverage is additional insurance. No deductible
applies to this coverage.

. Property Removed. We insure covered property

Copyright, Insurance Services Office, Inc., 1990

against direct loss from any cause while being re-
moved from a premises endangered by a Peril In-
sured Against and for no more than 30 days while
removed. This coverage does not change the limit of
liability that applies to the property being removed.
Credit Card, Fund Transfer Card, Forgery and
Counterfeit Money.

We will pay up to $500 for:

a. The legal obligation of an "insured" to pay be-
cause of the theft or unauthorized use of credit
cards issued to or registered in an “insured's"
name;

b. Loss resulting from theft or unauthorized use of
a fund transfer card used for deposit, withdrawal
or transfer of funds, issued to or registered in an
"insured's" name;

c. Loss to an "insured" caused by forgery or altera-
tion of any check or negotiable instrument; and

d. Loss to an "insured" through acceptance in
good faith of counterfeit United States or Cana-
dian paper currency.

HO 00 03 04 91We do not cover use of a credit card or fund transfer
card:

a. By a resident of your household;

b. By a person who has been entrusted with either
type of card; or

c. If an "insured" has not complied with all terms
and conditions under which the cards are is-
sued.

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.

We do not cover loss arising out of "business" use
or dishonesty of an "insured."

This coverage is additional insurance. No deductible
applies to this coverage.

Defense:

a. We may investigate and settle any claim or suit
that we decide is appropriate. Our duty to de-
fend a claim or suit ends when the amount we
pay for the loss equals our limit of liability.

b. If a suit is brought against an "insured" for liabil-
ity under the Credit Card or Fund Transfer Card
coverage, we will provide a defense at our ex-
pense by counsel of our choice.

c. 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 the For-
gery coverage.

7. Loss Assessment. We will pay up to $1000 for your
share of loss assessment charged during the policy
period against you by a corporation or association
of property owners, when the assessment is made
as a result of direct loss to the property, owned by
all members collectively, caused by a Peril Insured
Against under COVERAGE A - DWELLING, other
than earthquake or land shock waves or tremors be-
fore, during or after a volcanic eruption.

This coverage applies only to loss assessments
charged against you as owner or tenant of the
"residence premises."

We do not cover foss assessments charged against
you or a corporation or association of property own-
ers by any governmental body.

The limit of $1000 is the most we will pay with re~
spect to any one loss, regardless of the number of
assessments.

Condition 1. Policy Period, under SECTIONS | AND
Il CONDITIONS, does not apply to this coverage.

HO 00 03 04 91

Copyright, Insurance Services Office, Inc., 1990

8. Collapse. We insure for direct physical loss to

covered property involving collapse of a building or

any part of a building caused only by one or more of

the following:

a. Perils Insured Against in COVERAGE C—
PERSONAL PROPERTY. These perils apply to
covered buildings and personal property for loss.
insured by this additional coverage;

b. Hidden decay;

. Hidden insect or vermin damage;

d. Weight of contents, equipment, animals or
people;
e. Weight of rain which collects on a roof; or

f. Use of defective material or methods in con-
struction, remodeling or renovation if the col-
lapse occurs during the course of the construc-
tion, remodeling or renovation.

Loss to an awning, fence, patio, pavement, swim-
ming pool, underground pipe, flue, drain, cesspool,
septic tank, foundation, retaining wall, bulkhead,
pier, wharf or dock is not included under items b.,
c., d., @., and f. unless the loss is a direct result of
the collapse of a building.

Collapse does not include settling, cracking, shrink-
ing, bulging or expansion.

This coverage does not increase the limit of liability
applying to the damaged covered property.

2

. Glass or Safety Glazing Material.

We cover:

a. The breakage of glass or safety glazing material
which is part of a covered building, storm door or
storm window, and

b. Damage to covered property by glass or safety
glazing material which is part of a building,
storm door or storm window.

This coverage does not include loss on the "resi-
dence premises” if the dwelling has been vacant for
more than 30 consecutive days immediately before
the loss. A dwelling being constructed is not con-
sidered vacant.

Loss for damage to glass will be settled on the ba-
sis of replacement with safety glazing materials
when required by ordinance or law.

This coverage does not increase the limit of liability
that applies to the damaged property.

Page 5 of 1810. Landlord's Furnishings. We will pay up to $2500

for your appliances, carpeting and other household
furnishings, in an apartment on the "residence
premises" regularly rented or held for rental to oth-
ers by an “insured,” for loss caused only by the fol-
lowing Perils Insured Against:

a. Fire or lightning.
b. Windstorm or hail.

This peril does not include loss to the property
contained in a building caused by rain, snow,
sleet, sand or dust unless the direct force of
wind or hail damages the building causing an
opening in a roof or wall and the rain, snow,
sleet, sand or dust enters through this opening.

This peril includes loss to watercraft and their
trailers, furnishings, equipment, and outboard
engines or motors, only while inside a fully en-
closed building.

c. Explosion.

d. Riot or civil commotion.

e. Aircraft, including self-propelled missiles and
spacecraft.

f. Vehicles.

g. Smoke, meaning sudden and accidental dam-
age from smoke.

This peril does not include loss caused by
smoke from agricultural smudging or industrial
operations.

h, Vandalism or malicious mischief.

i. Falling objects.
This peril does not include loss to property con-
tained in a building unless the roof or an outside
wall of the building is first damaged by a falling

object. Damage to the falling object itself is not
included.

j. Weight of ice, snow or sleet which causes
damage to property contained in a building.

k. Accidental discharge or overflow of water
or steam from within a plumbing, heating, air
conditioning or automatic fire protective sprinkler
system or from within a household appliance.

This peril does not include loss:

(1) To the system or appliance from which the
water or steam escaped;

(2) Caused by or resulting from freezing except
as provided in the peril of freezing below; or

(3) On the “residence premises” caused by
accidental discharge or overflow which oc-
curs off the "residence premises."

In this peril, a plumbing system does not include
assump, sump pump or related equipment.

|. Sudden and accidental tearing apart, crack-
ing, burning or bulging of a steam or hot wa-
ter heating system, an air conditioning or auto-
matic fire protective sprinkler system, or an
appliance for heating water.

We do not cover loss caused by or resulting
from freezing under this peril.

m. Freezing of a plumbing, heating, air condition-

ing or automatic fire protective sprinkler system
or of a household appliance.

This peril does not include loss on the "resi-
dence premises" while the dwelling is unoccu-
pied, unless you have used reasonable care to:

(1) Maintain heat in the building; or
(2) Shut off the water supply and drain the sys-
tem and appliances of water.
n. Sudden and accidental damage from
artificially generated electrical current.

This peril does not include loss to a tube, tran-
sistor or similar electronic component.

9. Volcanic eruption other than loss caused by
earthquake, land shock waves or tremors.

The $2500 limit is the most we will pay in any one
loss regardless of the number of appliances, carpet-
ing or other household furnishings involved in the
loss.

SECTION | - PERILS INSURED AGAINST

COVERAGE A- DWELLING and COVERAGE B- 1. Involving collapse, other than as provided in Addi-

OTHER STRUCTURES

We insure against risk of direct loss to property de-

tional Coverage 8.;
2. Caused by:

scribed in Coverages A and B only if that loss is a
physical loss to property. We do not insure, however,

for loss:

Page 6 of 18

Copyright, Insurance Services Office, Inc., 1990

HO 00 03 04 91a. Freezing of a plumbing, heating, air conditioning
or automatic fire protective sprinkler system or
of a household appliance, or by discharge, leak-
age or overflow from within the system or appli-
ance caused by freezing. This exclusion applies
only while the dwelling is vacant, unoccupied or
being constructed, unless you have used rea-
sonable care to:

(1) Maintain heat in the building; or

(2) Shut off the water supply and drain the sys-
tem and appliances of water,

b. Freezing, thawing, pressure or weight of water or
ice, whether driven by wind or not, to a:

(1) Fence, pavement, patio or swimming pool;
(2) Foundation, retaining wall, or bulkhead; or
(3) Pier, wharf or dock;

¢. Theft in or to a dwelling under construction, or of
materials and supplies for use in the construc-
tion until the dwelling is finished and occupied;

d. Vandalism and malicious mischief if the dwelling
has been vacant for more than 30 consecutive
days immediately before the loss. A dwelling be-
ing constructed is not considered vacant;

e. Any of the following:
(1) Wear and tear, marring, deterioration;

(2} Inherent vice, latent defect, mechanical
breakdown;

(3) Smog, rust or other corrosion, mold, wet or
dry rot;

{4) Smoke from agricultural smudging or indus-
trial operations;

(5) Discharge, dispersal, seepage, migration,
release or escape of pollutants unless the
discharge, dispersal, seepage, migration, re-
lease or escape is itself caused by a Peril
Insured Against under Coverage C of this pol-
icy.

Pollutants means any solid, liquid, gaseous
or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes mate-
rials to be recycled, reconditioned or re-
claimed;

Settling, shrinking, bulging or expansion,
including resultant cracking, of pavements,
patios, foundations, walls, floors, roofs or
ceilings;

(7) Birds, vermin, rodents, or insects; or

(8) Animals owned or kept by an “insured.”

(6

HO 00 03 04 91

Copyright, Insurance Services Office, Inc., 1990

If any of these cause water damage not other
wise excluded, from a plumbing, heating, air
conditioning or automatic fire protective sprinkler
system or household appliance, we cover loss
caused by the water including the cost of tearing
out and replacing any part of a building neces-
sary to repair the system or appliance. We do
not cover foss to the system or appliance from
which this water escaped.

3. Excluded under Section | — Exclusions.

Under items 1. and 2., any ensuing loss to property
described in Coverages A and B not excluded or ex-
cepted in this policy is covered.

COVERAGE C - PERSONAL PROPERTY

We insure for direct physical loss to the property de-
scribed in Coverage C caused by a peril listed below
unless the loss is excluded in SECTION I-
EXCLUSIONS.

1. Fire or lightning.

2. Windstorm or hail.
This peril does not include loss to the property con-
tained in a building caused by rain, snow, sleet,
sand or dust unless the direct force of wind or hail
damages the building causing an opening in a roof
or wall and the rain, snow, sleet, sand or dust en-
ters through this opening.

This peril includes loss to watercraft and their trail-
ers, furnishings, equipment, and outboard engines
or motors, only while inside a fully enclosed build-
ing.

3. Explosion.

4. Riot or civil commotion.

5. Aircraft, including self-propelled missiles and
spacecraft.

6. Vehicles.

7. Smoke, meaning sudden and accidental damage
from smoke.

This peril does not include loss caused by smoke
from agricultural smudging or industrial operations.

8. Vandalism or malicious mischief.

9. Theft, including attempted theft and loss of property
from a known place when it is likely that the prop-
erty has been stolen.

This peril does not include loss caused by theft:

a. Committed by an "insured";

b. In or to a dwelling under construction, or of
materials and supplies for use in the construc-

tion until the dwelling is finished and occupied;
or

Page 7 of 18¢, From that part of a "residence premises" rented
by an "insured" to other than an "insured."

This peril does not include loss caused by theft that
occurs off the "residence premises" of:

a. Property while at any other residence owned by,
rented to, or occupied by an "insured," except
while an "insured" is temporarily living there.
Property of a student who is an "insured" is cov-
ered while at a residence away from home if the
student has been there at any time during the
45 days immediately before the loss;

b. Watercraft, and their furnishings, equipment and
outboard engines or motors; or

c. Trailers and campers.
. Falling objects.

This peril does not include loss to property con-
tained in a building unless the roof or an outside
wall of the building is first damaged by a falling ob-
ject. Damage to the falling object itself is not in-
cluded.

. Weight of ice, snow or sleet which causes dam-
age to property contained in a building.

12. Accidental discharge or overflow of water or
steam from within a plumbing, heating, air condi-
tioning or automatic fire protective sprinkler system
or from within a household appliance.

This peril does not include loss:

a. To the system or appliance from which the water
or steam escaped;

1

2

1

=

b. Caused by or resulting from freezing except as
provided in the peril of freezing below; or

c. On the "residence premises" caused by acci-
dental discharge or overflow which occurs off the
“residence premises."

In this peril, a plumbing system does not include a
sump, Sump pump or related equipment.

13. Sudden and accidental tearing apart, cracking,
burning or bulging of a steam or hot water heat-
ing system, an air conditioning or automatic fire pro-
tective sprinkler system, or an appliance for heating
water.

We do not cover loss caused by or resulting from
freezing under this peril.

14, Freezing of a plumbing, heating, air conditioning or
automatic fire protective sprinkler system or of a
household appliance.

This peril does not include loss on the “residence
premises" while the dwelling is unoccupied, unless
you have used reasonable care to:

a. Maintain heat in the building; or

b. Shut off the water supply and drain the system
and appliances of water.

15.Sudden and = accidental damage from
artificially generated electrical current.

This peril does not include loss to a tube, transistor
or similar electronic component.

16.Volcanic eruption other than loss caused by
earthquake, land shock waves or tremors.

SECTION I - EXCLUSIONS

1. We do not insure for loss caused directly or indi-
rectly by any of the following. Such loss is excluded
regardless of any other cause or event contributing
concurrently or in any sequence to the loss.

a. Ordinance or Law, meaning enforcement of

any ordinance or law regulating the construction,
tepair, or demolition of a building or other struc-
ture, unless specifically provided under this pol-
icy.

b. Earth Movement, meaning earthquake includ-
ing land shock waves or tremors before, during
or after a volcanic eruption; landslide; mine sub-
sidence; mudflow; earth sinking, rising or shift-
ing; unless direct loss by:

(1) Fire;
(2) Explosion; or

Page 8 of 18

Copyright, Insurance Services Office, Inc., 1990

(3) Breakage of glass or safety glazing material
which is part of a building, storm door or
storm window;

ensues and then we will pay only for the ensuing
loss.

This exclusion does not apply to loss by theft.
c. Water Damage, meaning:

{1) Flood, surface water, waves, tidal water,
overflow of a body of water, or spray from any
of these, whether or not driven by wind;

(2) Water which backs up through sewers or
drains or which overflows from a sump; or

HO 00 03 04 91(3) Water below the surface of the ground, in-
cluding water which exerts pressure on or
seeps or leaks through a building, sidewalk,
driveway, foundation, swimming poo! or other
structure.

Direct loss by fire, explosion or theft resulting
from water damage is covered.

d. Power Failure, meaning the failure of power or
other utility service if the failure takes place off
the “residence premises." But, if a Peril Insured
Against ensues on the "residence premises,"
we will pay only for that ensuing loss.

e. Neglect, meaning neglect of the "insured" to
use all reasonable means to save and preserve
property at and after the time of a loss.

War, including the following and any conse-

quence of any of the following:

(1) Undeclared war, civil war, insurrection, rebel-
lion or revolution;

{2) Warlike act by a military force or military
personnel; or

(3) Destruction, seizure or use for a military
purpose.

Discharge of a nuclear weapon will be deemed a

warlike act even if accidental.

g. Nuclear Hazard, to the extent set forth in the
Nuclear Hazard Clause of SECTION I-
CONDITIONS.

Py

h. Intentional Loss, meaning any loss arising out
of any act committed:

(1) By or at the direction of an "insured"; and
(2) With the intent to cause a loss.

. We do not insure for loss to property described in

Coverages A and B caused by any of the following.

However, any ensuing loss to property described in

Coverages A and B not excluded or excepted in this

policy is covered,

a. Weather conditions. However, this exclusion
only applies if weather conditions contribute in
any way with a cause or event excluded in para-
graph 1. above to produce the loss;

b. Acts or decisions, including the failure to act or
decide, of any person, group, organization or
governmental body;

c. Faulty, inadequate or defective:

(1) Planning, zoning, development, surveying,
siting;

(2) Design, specifications, workmanship, repair,
construction, renovation, remodeling, grad-
ing, compaction;

(3) Materials used in repair, construction, reno-
vation or remodeling; or

(4) Maintenance;

of part or all of any property whether on or off the
“residence premises.”

SECTION I —- CONDITIONS

1. Insurable Interest and Limit of Liability. Even if
more than one person has an insurable interest in
the property covered, we will not be liable in any
one loss:

a. To the "insured" for more than the amount of the
“insured's" interest at the time of loss; or

. For more than the applicable limit of liability.

2. Your Duties After Loss. In case of a loss to cov-
ered property, you must see that the following are
done:

a. Give prompt notice to us or our agent;
b. Notify the police in case of loss by theft;

c. Notify the credit card or fund transfer card com-
pany in case of loss under Credit Card or Fund
Transfer Card coverage;

d. Protect the property from further damage. If
repairs to the property are required, you must:

HO 00 03 04 91

Copyright, Insurance Services Office, Inc., 1990

(1) Make reasonable and necessary repairs to
protect the property; and

(2) Keep an accurate record of repair expenses;

e. Prepare an inventory of damaged personal prop-
erty showing the quantity, description, actual
cash value and amount of loss. Attach all bills,
receipts and related documents that justify the
figures in the inventory;

f. As often as we reasonably require:
(1) Show the damaged property;

(2) Provide us with records and documents we
request and permit us to make copies; and

Submit to examination under oath, while not
in the presence of any other "insured," and
sign the same;

@

Page 9 of 18Page 10 of 18

g. Send to us, within 60 days after our request,
your signed, sworn proof of loss which sets
forth, to the best of your knowledge and belief:

(1) The time and cause of loss;

(2) The interest of the "insured" and all others in
the property involved and all liens on the
property;

(3) Other insurance which may cover the loss;

(4) Changes in title or occupancy of the property
during the term of the policy;

(5) Specifications of damaged buildings and
detailed repair estimates;

{6) The inventory of damaged personal property
described in 2.e. above;

(7) Receipts for additional living expenses in-
curred and records that support the fair rental
value loss; and

(8) Evidence or affidavit that supports a claim
under the Credit Card, Fund Transfer Card,

Forgery and Counterfeit Money coverage,
stating the amount and cause of loss.

3. Loss Settlement. Covered property losses are

settled as follows:
a. Property of the following types:
(1) Personai property;

(2) Awnings, carpeting, household appliances,
outdoor antennas and outdoor equipment,
whether or not attached to buildings; and

(3) Structures that are not buildings;

at actual cash value at the time of loss but not
more than the amount required to repair or re-
place.

b. Buildings under Coverage A or B at replacement
cost without deduction for depreciation, subject
to the following:

(1) If, at the time of loss, the amount of insur-
ance in this policy on the damaged building
is 80% or more of the full replacement cost
of the building immediately before the loss,
we will pay the cost to repair or replace, after
application of deductible and without deduc-
tion for depreciation, but not more than the
least of the following amounts:

(a) The limit of liability under this policy that
applies to the building;

(b) The repiacement cost of that part of the
building damaged for like construction
and use on the same premises; or

Copyright, Insurance Services Office, Inc., 1990

({c} The necessary amount actually spent to
repair or replace the damaged building.

(2) If, at the time of loss, the amount of insur
ance in this policy on the damaged building
is less than 80% of the full replacement cost
of the building immediately before the loss,
we will pay the greater of the following
amounts, but not more than the limit of liabil-
ity under this policy that applies to the build-
ing:

{a) The actual cash value of that part of the
building damaged; or

(b) That proportion of the cost to repair or
replace, after application of deductible
and without deduction for depreciation,
that part of the building damaged, which
the total amount of insurance in this pol-
icy on the damaged building bears to
80% of the replacement cost of the build-
ing.

(3) To determine the amount of insurance re-
quired to equal 80% of the full replacement
cost of the building immediately before the
loss, do not include the value of:

{a) Excavations, foundations, piers or any
supports which are below the undersur-
face of the lowest basement floor;

(b) Those supports in {a) above which are
below the surface of the ground inside the
foundation walls, if there is no basement;
and

(c} Underground flues, pipes, wiring and
drains,

(4) We will pay no more than the actual cash
value of the damage until actual repair or re-
placement is complete. Once actual repair or
replacement is complete, we will settle the

loss according to the provisions of b.(1} and
b.(2) above.

However, if the cost to repair or replace the

damage is both:

(a) Less than 5% of the amount of insurance
in this policy on the building; and

(b) Less than $2500;

we will settle the loss according to the prow-

sions of b.(1) and b.{2) above whether or not
actual repair or replacement is complete.

HO 00 03 04 91(5) You may disregard the replacement cost
loss settlement provisions and make claim
under this policy for loss or damage to build-
ings on an actual cash value basis. You may
then make claim within 180 days after loss
for any additional liability according to the
provisions of this Condition 3. Loss Settle-
ment.

4. Loss to a Pair or Set. In case of loss to a pair or
set we may elect to:

a. Repair or replace any part to restore the pair or
set to its value before the loss; or

b. Pay the difference between actual cash value of.
the property before and after the loss.

5. Glass Replacement. Loss for damage to glass
caused by a Peril Insured Against will be settled on
the basis of replacement with safety glazing materi-
als when required by ordinance or law.

6. Appraisal. If you and we fail to agree on the
amount of loss, either may demand an appraisal of
the loss. In this event, each party will choose a
competent appraiser within 20 days after receiving a
written request from the other. The two appraisers.
will choose an umpire. If they cannot agree upon an
umpire within 15 days, you or we may request that
the choice be made by a judge of a court of record
in the state where the "residence premises" is lo-
cated. The appraisers will separately set the
amount of loss. If the appraisers submit a written
report of an agreement to us, the amount agreed
upon will be the amount of loss. If they fail to agree,
they will submit their differences to the umpire. A
decision agreed to by any two will set the amount of
loss.

Each party will:
a. Pay its own appraiser; and

b. Bear the other expenses of the appraisal and
umpire equally.

7. Other Insurance. If a loss covered by this policy is
also covered by other insurance, we will pay only
the proportion of the loss that the limit of liability
that applies under this policy bears to the total
amount of insurance covering the loss.

8. Suit Against Us. No action can be brought unless
the policy provisions have been complied with and
the action is started within one year after the date of
loss.

9. Our Option. If we give you written notice within 30
days after we receive your signed, swom proof of
loss, we may repair or replace any part of the dam-
aged property with like property.

HO 00 03 04 91

10.Loss Payment. We will adjust all losses with you.

11.

We will pay you unless some other person is
named in the policy or is legally entitled to receive
payment. Loss will be payable 60 days after we re-
ceive your proof of loss and:

a. Reach an agreement with you;
b. There is an entry of a final judgment; or
c. There is a filing of an appraisal award with us.

Abandonment of Property. We need not accept
any property abandoned by an “insured.”

12.Mortgage Clause,

Copyright, Insurance Services Office, Inc., 1990

The word "mortgagee" includes trustee.

If a mortgagee is named in this policy, any loss
payable under Coverage A or B will be paid to the
mortgagee and you, as interests appear. If more
than one mortgagee is named, the order of payment
will be the same as the order of precedence of the
mortgages.

If we deny your claim, that denial will not apply to a
valid claim of the mortgagee, if the mortgagee:

a. Notifies us of any change in ownership, occu-
pancy or substantial change in risk of which the
mortgagee is aware;

b. Pays any premium due under this policy on
demand if you have neglecte