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Filing # 124090869 E-Filed 03/31/2021 12:20:36 PM
IN THE CIRCUIT COURT OF THE 1ST
JUDICIAL CIRCUIT IN AND FOR
ESCAMBIA COUNTY, FLORIDA
DONNA FITE,
CASE NO.:
Plaintiff,
vs.
GULFSTREAM PROPERTY AND
CASUALTY INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S COMPLAINT FOR BREACH OF CONTRACT.
AND DEMAND FOR JURY TRIAL
Plaintiff, DONNA FITE, by and through the undersigned counsel, hereby files this
Complaint against Defendant, GULFSTREAM PROPERTY AND CASUALTY INSURANCE
COMPANY, and as grounds therefore states as follows:
1. This is an action for damages in excess of THIRTY THOUSAND DOLLARS
($30,000.00), exclusive of interest, attorneys’ fees and costs, and is otherwise within the
jurisdictional limits of this Court.
2. At all times material hereto, Defendant was an insurance company authorized to
do business in the State of Florida and doing business in Escambia County, Florida.
3. Prior to September 16, 2020, Plaintiff sought and purchased insurance from
Defendant to cover the property located at 163 Le Port Drive, Pensacola Beach, Florida 32561
(hereinafter “Insured Property”).
4. At all times material hereto, Plaintiff and Defendant were parties to a policy of
insurance, believed to bear policy number FAHP0000502 (hereinafter “Contract”). Plaintiff is in
possession of a complete certified copy of the Contract, a copy of which is attached hereto as
Exhibit A and incorporated by reference.
Page I of 55. Prior to September 16, 2020, Plaintiff paid the premiums for the Contract.
6. The Contract provides multiple coverages for the Insured Property, including, but
not limited to coverage to the dwelling, other structures, and personal property.
7. On or about September 16, 2020, the Insured Property sustained direct physical
damage as a result of Hurricane Sally, including but not limited to, damages to the exterior
elevations, pool, vinyl fence, and interior of the Insured Property.
8. The Contract provides coverage for the damages to the Insured Property.
9. The Contract was in full force and effect on September 16, 2020.
0. The Contract issued by Defendant is an “all-risks” policy, providing coverage for
all direct physical loss unless excluded by the policy.
1. Plaintiff provided timely notice of the loss to Defendant.
2. After Plaintiff reported the claim, Defendant assigned a claim number believed to
be GM20200774.
3. Defendant and/or its agents requested and were given access and the opportunity
to inspect the Insured Property and the reported damage arising from the loss described in
paragraph 7 above.
14. After Defendant performed its investigation, it extended coverage for the loss but
failed to tender sufficient funds to enable Plaintiff to restore the Insured Property to its pre-loss
condition.
15. Plaintiff has cooperated with Defendant in every way requested and has satisfied
all conditions precedent to payment of benefits and suit as required by the Contract, prior to
filing this suit.
16. Jurisdiction and venue of this matter are proper in the Circuit Court for Escambia
County, Florida.
Page 2 of 5COUNT I- BREACH OF CONTRACT
17. Plaintiff realleges and reincorporates paragraphs 1-16 as if fully stated herein, and
further alleges as follows:
18. On September 16, 2020, Plaintiff and Defendant were parties to a valid contract.
19. On or about September 16, 2020, the Insured Property sustained direct physical
damages as a result of a peril insured against.
20. Defendant extended coverage for the loss but failed to tender sufficient funds to
allow Plaintiff to restore the Insured Property to its pre-loss condition.
21. Under the Contract, Defendant had an obligation to tender sufficient funds to
allow Plaintiff to restore the Insured Property to its pre-loss condition or tender policy limits in
the event of a total loss.
22. By failing to tender all sums due and owing under the Contract, Defendant
materially breached the Contract.
23. Plaintiff has been damaged by this material breach in the form of unpaid
insurance proceeds.
24. As a direct and proximate result of Defendant’s breach of contract, Plaintiff has
been required to retain the services of the undersigned attorneys to represent and protect
Plaintiff's interests, and Plaintiff has become obligated to pay them a reasonable fee for their
services in bringing this action.
25. In the event Plaintiff prevails in this action, Plaintiff is entitled to an award of
attorneys’ fees and costs pursuant to sections 627.428 and 57.041, Florida Statutes, and/or other
Florida Law.
Page 3 of 5WHEREFORE, Plaintiff demands judgment against Defendant for damages, including
but not limited to damages owed under the Contract, interest, attorneys’ fees and costs, and
Plaintiff demands trial by jury of all issues so triable.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues so triable as a matter of right.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been served on Defendant.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiffs
3615 East Frontage Road.
Tampa, Florida 33607
Phone: (561) 892-9858
Fax: (561) 853-2188
Court Phone Number: (1-888) 824-7834
Email: jharris@kpattorney.com
jgroover@kpattorney.com
meotto@kpattomey.com
By: _/s/ Jamie L. Harris
JAMIE L. HARRIS, ESQ.
Florida Bar No.: 120102
JEFFREY D, GROOVER
Florida Bar No.:118239
Page 4 of 5EXHIBIT A
Page 5 of 5Lisa Hollis
eS SSS sss SO hiss
From: Cat EXAM130
Sent: Monday, October 19, 2020 3:38 PM
To: Lisa Hollis
Subject: FW: Claim #: GM20200774; insured: Donna Fite
Attachments: Fite LOR.pdf, Regions Payoff - Lien Release.pdf; WB Public Adjuster Contract - Wind
Claim - Gulfstream - signed.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Hello,
Requesting Certified copy of policy per PA request below.
Thanks
Tunisia Abban
From: Bill Simmons
Sent: Friday, October 16, 2020 2:49 PM
To: SCS
Ce: L2-2020100001 @claimwizard.com; DONNA FITE ; Chris Spinnler
Subject: Claim #: GM20200774; insured: Donna Fite
Gulfstream Property and Casualty Insurance Company
5240 Paylor Lane
Sarasota, FL 34240
Attn: Claims Department
October 16, 2020
insured: Donna Fite
Loss Address: 163 Le Port Drive Claim #: GM20200774
Pensacola Beach, FL 32561 Policy #: FAHPO000502
Date of Loss: September 16, 2020 Cause of loss: Hurricane
Our File #: 2020100001 Our Adjuster: William Simmons
Attention Claims Department:
Please be advised that we, Claim-Tek LLC, represent the named insured for their loss
as stated above. Enclosed you will find a copy of our contract. As stated by the insured, we
hereby request that all further communication and correspondence regarding this claim be directed to this office.
Claim-Tek LLC represents the above-captioned individual in a clair for damage, under the above referenced policy, to all
iGulfstream Cotumbia, SE" S%s409338
Tica Car 135-485-3908
www.guifstream-ins.com
Date: October 22, 2020
To the best of my knowledge the attached policy is a true and exact copy which was effective
and assumed by Gulfstream Property & Casualty.
Policy Number: FAHPO0000502
Insured: Donna Fite
Policy Dates: 03/10/2020 -- 03/10/2021
Gulfstream Representative
Sworn to and subscribed before me at Columbia, S.C.
This 22nd day of Oct ape D0
Commission Expires
>
we
bee iene™G ulfstr am Gulfstream Property and Homeowners Declaration
Property A Cheval nomeance Casualty Insurance Company Change
PO Box 100248
Columbia, SC 29202-3248
Customer Service; 1-866-485-3004
Claim Reporting: 1-866-485-3005
Form Number HOS Effective Date March 10, 2020
Policy Number FAHPOO00502 Expiration Date March 10, 2021 12:01am
vo ea “ = waa
I _ UNDERWOOD ANDERSON &
| | ASSOCIATES.
| Donna Fite | PO BOX 9578
163 Le Port Dr | PENSACOLA, FL 32513-9578
Pensacola Beach, FL 32561-3914 i
/ | Phone: 850-434-5526
163 te Port 0 Pensacola Beach FL 32561 nts
Change Reason(s): Change General info
Discounts and
|__ Surcharges
T @rs99 999.00)
| Endorsements and
| Optional Coverages | Fe Fees and Assessments |
Basic Coverages
0
______ $10,000 |
$125,000 |
B28 1
“BASIC COVERAGES PREMIUM
PLEASE SEE NOTICES.ON PAGE 3.
Hurricane: 2% = $10,000
Ali Other Perils: $1,000. Equipment Breakdown: $500 Water Backup: $250
Ml Lior
AUTHORIZED COUNTERSIGNATURE 06/11/2020
GS DEC 08 19 Page 1 of §Insured Copy Homeowners
Effective Date: 3/10/2020 Date Issued: 6/11/2020
Form Number HO3 Effective Date March 10, 2020
Policy Number FAHPOO00502 Expiration Date March 10, 2021 12:01am
Refrigerated Property: $100 Lock Replacement: $100
CENDORSEMEN
Limit of Liabiity Premium
Ordinance or Law 50% included
Advantage Pius Package included
Personal Liability $300,000 included
Equipment Breakdown $100,000 included
Animal Liability Speciat Limits $25,000 Included
Medical Payments $5,000 Included
Water Backup and Sump Discharge or Overflow $5,000 Included
Jewelry and Furs $3,000 included
Credit. Card Coverage $1,000 included
Fire Department Service Charge Coverage $750 included
Refrigerated Property $500 included
Lock Replacement $250 included
Personal Injury included
Personal Property Replacement Cost included
Limited Fungi, Wet or Dry Rot or Bacteria included
Section | $10,000
Section ii $50,000
Premium
Age of Home/Year of Construction $352.00
Age of insured ($174.00)
Companion Policy ($59.00)
Prior Loss ($78.00)
Windstorm Mitigation ($2,039.00)
aN Premium
Managing General Agency Policy Fee $26.00
Emergency Management Preparedness and Assistance Trust Fund Surcharge $2.00
Form: HO? Protection Class: 04 BCEG: 03
Construction: Frame Occupancy: Owner Territory: 602
Year Built: 01/1995 Structure Type: Dweiling Usage: Secondary/Seasonal
GS DEC 09 19 Page 2 of 5Insured Copy’ Homeowners
Effective Date: 3/10/2020 Date issued: 6/41/2020
Name and Address: Regions Bank
Its Successors and/or Assigns
PO Box 163169
Fort Worth, TX 76161-3169
Interest Type: 48 Mortgagee
Loan #: gongeoo2s0nt 8 Payor: No
Checklist of Coverages OIR-B1-1670 01 66
Assignment of Benefits Notice FLHO AOB 10.19
Windstorm Loss Mitigation Device Credits (Notice) FLHO WL 09 19
Notice of Premium Discount for Hurricane Loss Mitigation OIR-B1-1855 02 10
Deductible Options Notice FLHO DO 09 19
Ordinance or Law FLHO OL 09 19
OFAC Advisory Notice 1 P 001 0104
Privacy Notice GS 1288 06 18
Policy Jacket FLHOJ1 0919
Policy index FLHO HO3 IDX 0919
Homeowners 3 - Special Form FLHO HO3 09 19
Calendar Year Hurricane Deductible FLHO 03 52 09 19
Limited Fungi. Wel or Ory Rot or Bacteria Sec Il Liability Coverage FLHO 03 34 09 19
Home Day Care Exclusion GSHO 107 09 19
Advantage Plus Package FLHO ADPL 09 19
Equipment Breakdown Coverage GSHO EB 09 19
Personal Property Replacement Cost GSHO 04 90 09 19
Personal Injury FLHO 24 83 09 19
Water Backup and Sump Discharge or Overflow FLHO 04 96 08 19
Animal Liability Special Limits Endorsement FLHO 106 09 19
Refrigerated Property GSHO 04 98 09 18
Secondary/Seasonal Premises Liability Limitation GSHO SSR 09 19
GS DEC 09 19 Page 3 of 5Insured Copy Homeowners
Effective Date: 3/10/2020 Date Issued: 6/11/2020
NOTICES
THIS REPLACES ALL PREVIOUSLY ISSUED POLICY DECLARATIONS, IF ANY. THIS POLICY APPLIES TO
ACCIDENTS, OCCURRENCES. OR LOSSES WHICH HAPPEN DURING THE POLICY PERIOD SHOWN ABOVE,
UNLESS OTHERWISE INDICATED IN THE POLICY OR AN ENDORSEMENT.
A Windstorm Mitigation Device Credit rate adjustment of 28.0% for the hurricane portion and 28.0% for the non-hurricane
wind portion of the premium has been applied to the policy. The adjustments can range from a surcharge or discount of
0% to 89.0% for the hurricane and wind premiums.
Your Building Code Effectiveness Grading schedule adjustment is 9.9% for the hurricane portion and 9.9% for the
non-hurricane wind portion of the premium. The adjustments can range from a surcharge or discount of 0% to 46.1% for
the hurricane and wind premiums,
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS
AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE
AGENT.
FLOOD INSURANCE: YOU MAY NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S
INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR
DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE
WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT
SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS
THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE
COVERAGE WITH YOUR AGENT.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
GS DEC 09 19 Page 4 of 5Insured Copy Homeowners
Effective Date: 3/10/2020 Date issued: 6/11/2020
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.
| GS DEC 09 19 Page 5 of §FAHPO000502
Checklist of Coverage
Policy Type: Homeowner's (HO-3}
(Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's)
The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the
provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage,
exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will
be sent separately.
Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and
limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a
claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool
enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures @ condominium unit, questions may
arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor,
wail, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures.
A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement.
Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the
provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your
agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’
Helpline at (800) 342-2762 or www. fidfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
4 i
Limit of insurance: 900.008 Loss Settlement Basis: Replacement Cost
(ie: Replacement Cost, Actual Cash Value, Stated Value, etc.)
Other Structures Coverage (Detached from Dwelling)
ies R t Cost
‘Limit of insurance: 0,000 Logs Settionient Basie: RePeement Cos!
(ie.. Replacement Cosi, Actual Cash Value, Stated Value, etc.)
Personal Property Coverage
... Replacement Cost
Limit of insurance: $°280? Loss Settlement Basis: ““Paenen
(Le, Replacement Cost, Actual Cash Value, Stated Value, etc.)
Deductibles
2% = $10,000 $1,000
Annual Hurricane: Ail Perils (Other Than Hurricane):
OIR-B1-1670 (1-1-06) 1of3FAHP0000502
Checklist of Coverage (continued)
The above Limit of Insurance. Deductibles, and Loss Settlement Basis apply to the following perils insured against:
{tems below marked Y (Yes) indicate coverage 15 included, those marked N (No} indicate coverage is NOT included)
| Fire or Lightning
| Flood {ine (including storm
Windstorm or Hail (other than hurricane)
Eas ae
Riot or Civ Commotion ~~ ~~ ~ ~
ota — —
| Vehicles oe
Smoke
Vandalism or Malicious Mischief
| Any Other Peril Not ‘Specifically Excluded (dwelling and other structures only)
te “|< il 151 ta 1°
_ Special timits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Loss of Use Coverage
ee below marked Y (Yes) indicate coverage 1S included, those marked N (No) dicate coverage is NOT included)
Additional Living Expense 0 Time to Repair
YP Bair Rental Vale TY Inclided DALE —~«dY Time te Ropar ~
Y | Civil Authority Prohibits Ose included in ALE Two Weeks
Property - Additional/Other Chvelages ee
“(items Below marked Y (Yes) indicate | coverage 1S Uimit of insurance [ Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is coverage or is included within the policy limit.
NOT included) RaahoeA
Glass or Safety Glazing Material
Candiord’s Furnishings ~
Law and Ordinance
Grave Markers
Mold / Fungi
< oats
OIR-B1-1670 (1-1-06) 20f3FAHP0000502
Checklist of Coverage (continued)
Discounts
‘(tems below marked Y {Yes} indicate discount {S applied, those marked | Dollar ($} Amount of Discount
N (No) indicate discount is NOT applied)
| Muitiple Policy
Building Code Effectiveness Grading Schedule
Fr | Other
($268.15)
nninnnsvintannnnmnnmanunsninmnnnnl Suter May insert Any Other Property Coverage Below _
Limit of Loss Settiement Basi
{Items below marked Y (Yes) indicate coverage |S insurance {Les Replacernent Cost, Actual Cash Value,
included, those marked N (No) indicate coverage is Stated Value, etc.)
NOT included)
Personal Liability Coverage
300,000
Medical Payments to Others Coverage
Liability - Additional/Other Coverages
ee ee Cimitof “Amount of insurance is an additional amount of
(Items below marked Y (Yes) indicate coverage IS Insurance coverage or is included within the policy limit.
included, those marked N (No) indicate. coverage is
NOT inch
No Limit
f Damage to Property of Others
L Loss Assessment
Insurer May Insert Any Other Liability Ce
{iterns below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is
NOT included)
Ko
{——
OIR-B1-1670 (1-1-06) 3of3Gulfstroam
Property & Casualty Insurance
Dear Policyholder:
Florida law relating to assignment agreements (often called an Assignment of Benefits or “AOB’) typically
used for urgent or emergency circumstances changed effective July 1, 2019.
An AOB is a document signed by a policyholder that allows a third party, such as a water extraction
company or a roofer, to seek direct payment from Gulfstream. This document may sign over your
insurance benefits to this third party and prevent you from communicating with Gulfstream about your
claim.
Please be aware that you do not need to enter into an assignment agreement to access coverage
under your homeowners policy.
The Florida Office of Insurance Regulation advises taking the following precautionary measures if you
choose to sign an AOB:
« Read your insurance policy and know what your responsibilities are after a loss.
» Contact your insurance company or agent before signing an AOB.
+ Read the AOB carefully. You are under no obligation to sign it.
+ Beware of language that allows all proceeds of the claim to be made payable to anyone other than
you or your mortgage company.
« Do not sign if there are blank spaces in the document.
if you choose to sign an AOB, the following locations are designated for receipt of executed assignment of
benefits agreements per Section F.S. 627.7152, Florida Statutes:
Gulfstream Property and Casualty Insurance Company
AOB Processing
PO Box 100248
Columbia, SC 29202-3248
~ or ~
Email: AOB@gsfla.com
@ of Insurance Regulation AOB Resources online at
afi
ional information, visit the Florida Offic
wf floir jons/Pande nto!
THANK YOU FOR CHOOSING GULFSTREAM. WE APPRECIATE YOUR BUSINESS.
If you have questions, contact us at (866) 485-3005.
FLHO AOB 10 19Guifste am
Property & Casualty Insurance
WINDSTORM LOSS MITIGATION DEVICE CREDITS
Discounts may be available, some significant, on the portion of your premium
attributable to wind when your dwelling is:
1. Equipped with certain windstorm loss mitigation devices; or
2. Designed with certain construction features.
You may also be eligible to reduce your Hurricane Deductible.
Please contact your Insurance Agent if you have any questions pertaining to these
credits and your home.
FLHO WL 09 19 Page 1 of 1Notice of Premium Discounts for Hurricane Loss Mitigation
*** Important Information ***
About Your Personal Residential Insurance Policy
Dear Homeowner,
Hurricanes have caused tens of billions of dollars in insured damages and predictions of
more catastrophic hurricanes making landfall in Florida have triggered increases in
insurance premiums to cover potential future losses. Enclosed is information regarding
wind loss mitigation that will make your home more resistant to wind and help protect
your family during a catastrophic event. In addition to reducing your hurricane wind
premium by installing mitigation features, you may also reduce the likelihood of out of
pocket expenses, such as your hurricane deductible, you may otherwise incur after a
catastrophic event.
What factors are considered in establishing my premium?
Your location: The closer a home is to the coast, the more vulnerable it is to damage
caused by hurricane winds. This makes the hurricane-wind premium higher than for
similar homes in other areas of the state.
Your policy: Your insurance policy is divided into two premiums: one for damage caused
by hurricane force winds (hurricane-wind) and one for all other damage (all perils), such
as fire.
Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10%
deductible, depending on the actual value of your home. The larger your deductible, the
lower your hurricane-wind premium. However, if you select a higher deductible your out-
of-pocket expenses in the event of a hurricane claim will be higher.
Improvements to your home: The state requires insurance companies to offer discounts
for protecting your home against damage caused by hurricane winds. Securing your
roof so it doesn’t blow off and protecting your windows from flying debris are the two
most cost effective measures you can take to safeguard your home and reduce your
hurricane —wind premium. These discounts apply only to the hurricane-wind portion of
your policy.
The costs of the improvement projects vary. Homeowners should contact a licensed
contractor for an estimate. You can find a Certified Contractor in your area by visiting
the Florida Department of Business and Professional Regulation online at
www.myfioridalicense.com.
Your maximum discount: Discounts are not calculated cumulatively. The total discount
is not the sum of the individual discounts. Instead, when one discount is applied, other
discounts are reduced until you reach your maximum discount of 89%.
OIR-B1-1655 (Rev.02/10) Adopted by Rule 680-170.0155 1How can | take advantage of the discounts?
Homeowners will need a qualified inspector such as a general, building, or residential
contractor licensed under Section 489,111, Florida Statutes, or a professional engineer
licensed under Section 471.015, Florida Statutes, who has passed the appropriate
equivalency test of the Building Code training program as required by Section 553.841,
Florida Statutes, or a professional architect licensed under Section 481.213, Florida
Statutes, or a building code inspector certified under Section 468.607, to inspect the
home to identify potential mitigation measures and verify improvements. For a listing of
individuals and/or inspection companies meeting these qualifications contact your
insurance agent or insurance company.
The following is an example of how much you can reduce your insurance
premium if you have mitigating features on your home. The example is based on
your hurricane-wind premium* of $3,959.00 which is part of your total annual
premium of $5,338.00 Remember, the discounts shown only apply to the
hurricane-wind portion of the premium and the discounts for the construction
techniques and features listed below are not cumulative.
* Wind mitigation credits apply to that portion of your premium that covers
the peril of wind, whether or not a hurricane exists.
Homes built prior to the 2001 building code
‘ +
Description of Feature Estimated" Premium Fam aed Oe al
Discount Percent R i by:
f ing _{.e.. shingles or ti
* Meets the Florida Building Code. 6% $238.00
« Reinforced Concrete Roof Deck. 80% $3,167.00
(if this feature is installed on your home you
most likely will not qualify for any other
discount.)
How Yor is Attached
« Using a 2” nail spaced at 6" from the edge of | 0% $0.00
the plywood and 12" in the field of the
plywood.
« Using a 2 1/2” nail spaced at 6” from the edge | 16% $633.00
of the plywood and 12" in the field of the
plywood.
* Using a 2 1/2” nail spaced at 6" from the edge | 16% $633.00
of the plywood and 6" in the field of the
plywood.
OIR-B1-1655 (Rev.02/10) Adopted by Rute 690-170.0155
NoRe -Wall Connecti
« Using “Toe Nails” — defined as three nails 0% $0.00
driven at an angle through the rafter and into
the top roof.
« Using Clips - defined as pieces of metal that 27% $1,069.00
aré nailed into the side of the rafter/truss and
into the side of the top plate or wall stud.
* Using Single Wraps -~- a single strap that is 32% $1,267.00
attached to the side and/or bottorn of the top
plate and are nailed to the rafter/truss.
e« Using Double Wraps - straps are attached to 36% $1,425.00
the side and/or bottom of the top plate and are
nailed to the rafter/truss.
Roof Shape
« Hip Roof ~ defined as your roof sloping down | 14% $554.00
to meet all your outside wails (like a pyramid).
« Other. 0% $0.00
Secondary Water Resistance (SWR)
* SWR- defined as a layer of protection 5% $198.00
between the shingles and the plywood
underneath that protects the building if the
shingles blow off.
+ NoSWR. 0% $0.00
Shutters
* None. 0% $0.00
* Intermediate Type —shutters that are strong 21% $831.00
enough to meet half the old Miami-Dade
building code standards.
* Hurricane Protection Type ~ shutters that are | 26% $1,029.00
strong enough fo meet the current Miami-
Dade building code standards.
AMOVOZAC ASK Ta NMOOMP
Fr TO™MoOOmP
Page 1 of 2FLHO HO3 IDX 09 19
Nonrenewal
Assignment
Subrogation.
Death .....
Renewal Notification .
Notification Regarding Access ..
Change in Occupancy or Usage of "Residence Prem
er rommo
Important Note: The endorsements listed on your Policy Declarations and attached to your policy
significantly modify sections of this form and specifically define the terms of you’re your coverage.
Please contact your insurance Agent If you have any questions concerning your Homeowners Insurance
Coverage.
Page 2 of 2Gulfstream Property and Casualty Insurance Company HOMEOWNERS
FLHO H03 09 19
HOMEOWNERS 3 — SPECIAL FORM
AGREEMENT
In reliance on the information you have given us, we will provide the insurance described in this Policy in return for the
premium and compliance with all applicable provisions of this Policy.
DEFINITIONS
A. in this Policy, “you” and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident
of the same household. "We", "us" and “our” refer to the Company providing this insurance.
B. in addition, certain words and phrases are defined as follows:
4. “Aircraft Liability’, “Drone Liability’, “Hovercraft Liability", “Motor Vehicle Liability” and "Watercraft Liability",
subject to the provisions in b, below, mean the following:
a. Liability for “bodily injury" or “property damage” arising out of the:
{1) Ownership of such vehicle or craft by an “insured”;
{2) Maintenance, occupancy, operation, use, loading or unloading of such vehicle or craft by any person;
{3} Entrustment of such vehicle or craft by an “insured” to any person;
{4) Failure to supervise or negligent supervision of any person involving such vehicle or craft by an
“insured”; or
(5) Vicarious liability, whether or not imposed by law, for the actions of a child or minor involving such
vehicle or craft.
b. For the purpose of this definition:
(1) “Aircraft” means any contrivance used or designed for flight except model or hobby aircraft not used or
designed to carry people or cargo;
{2} “Hovercraft” means a self-propelled motorized ground effect vehicle and includes, but is not limited to,
flarecraft and air cushion vehicles;
(3) “Watercraft means a craft principally designed to be propelled on or in water by wind, engine power or
electric motor;
(4) “Motor vehicle” means a “motor vehicle" as defined in 15. below; and
(8) “Drone” means any unmanned aircraft or ship that can navigate autonomously;
{a) without human control; or
{b)} beyond line of sight by the 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" means:
a. Atrade, profession or occupation engaged in on a full-time, part-time or occasional basis; or
b. Any other activity engaged in for money or other compensation, except the following:
(1) One or mare activities, not described in (2) through (4) below, for which no "insured" receives more than
$2,000 in total compensation for the 12 months before the beginning of the policy period;
(2) Volunteer activities for which no money is received other than payment for expenses incurred to perform
the activity:
{3) Providing home day care services for which no compensation is received, other than the mutual
exchange of such services; or
{4) The rendering of home day care services to a relative of an “insured”.
e. “Home-sharing host activities”.
4, “Carport(s)" means aluminum-framed carport(s) permanently attached to the main dwelling.
5. “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;
FLHO HO3 09.19 Contains copyrighted material of Insurance Services Office, Page 1 of 33
Inc., 2010, used with permission¢. “Structural damage” of the “principal building” insured under this Policy, including the foundation; and
d. The “principal building” or structure being condemned and ordered to be vacated by the governmental
agency authorized by faw to issue such an order for that “principal building”.
“Catastrophic ground cover collapse" coverage does not apply to Coverage B — Other Structures.
§. “Diminution in value” means any reduction in value of any covered property prior to or following repair or
replacement as compared to the value of that property immediately before the loss.
7. "Employee" means an employee of an "insured", or an employee leased to an “insured” by a labor leasing firm
under an agreement between an “insured” and the labor leasing firm, whose duties are other than those
performed by a "residence employee".
8. “Fungi” means:
a. Any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products
produced or released by fungi.
b. Under Section I, this does not include any “fungi" that are in, are on, or are contained in a good or product
intended for consumption.
9. “Home-sharing host activities” means:
a. The:
(4) Rental or holding for rental: or
(2) Mutual exchange of services;
of the “residence premises” in whole or in part, by an “insured” to a “home-sharing occupant” through the
use of a “home-sharing network platform"; and
b, Any other related property or services made available by an “insured” for use during such:
(4) Rental; or
{2) Mutual exchange of services;
except those property or services provided by another party.
16. “Home-sharing network platform” means an online-enabled application, social media network, web site or
digital network that is used for the purpose of facilitating, for money, mutual exchange of services or other
compensation, the rental of a dwelling or other structure in whole or in part.
11. “Home-sharing occupant" means a person, other than the “insured”, who:
a. Has entered into an agreement or arranged compensation with an “insured” through the use of a “home-
sharing network platform” for “home-sharing host activities"; or
b, Is accompanying or staying with a person described in Paragraph a. of this definition under such “home-
sharing host activities”,
c. In this policy, the terms roomer, boarder, tenant or guest do not include a “home-sharing occupant”.
12. “Hurricane occurrence” means a storm system that has been declared to be a hurricane by the National
Hurricane Center of the National Weather Service, with a duration that:
a. Begins at the time a hurricane watch or hurricane warning is issued for any part of Florida by the National
Hurricane Center of the National Weather Service;
b. Continues for the time period during which the hurricane conditions exist anywhere in Florida; and
cc. Ends 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.
13. "Insured" means:
a. You and residents of your household who are:
(4) 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;
b. A student enrolled in schoo! 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
Page 2 of 33 Contains copyrighted material of Insurance Services Office, Inc., 2010, FLHO HO3 09 19
used with permission14.
15.
16.
17.
18.
19.
20.
2A.
BB
c. Under Section It:
(1) With respect to animals or ‘watercraft’ to which this policy applies, any person or organization legally
tesponsible for these animals or “watercraft’ which are owned by you or any person described in 13.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 13.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".
“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 Deciarations; 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 a. and 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.
"Motor vehicle" means:
a. Aself-propelied land or amphibious vehicle; or
b. Any trailer or semitrailer which is being carried on, towed by or hitched for towing by a vehicle described in
a. above.
“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".
“Pollutants” means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or
reclaimed,
“Pool Cage(s), or Screen Enclosure(s)’ means any structure whether or not attached to your dwelling,
enciosed by screens on more than one side, otherwise open to the weather, and not constructed and covered
by the same or substantially the same materials as that of the dwelling where you reside.
“Primary structural member” means a structural elament 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 of structures at that location.
. “Property damage” means physical injury to, destruction of, or toss of use of tangible property.
. "Residence employee” means:
a. An employee of an “insured”, or an employee leased to an "insured" by a labor leasing firm, under an
agreement between an "insured" and the labor leasing firm, whose duties are related to the maintenance or
use of the "residence premises”, including household or domestic services; or
b. One who performs similar duties elsewhere not related to the "business" of an “insured”.
FLHO HO3 09 19 Contains copyrighted material of Insurance Services Office, Inc., 2010, Page 3 of 33
used with permission24,
25.
26.
27.
A "residence employee” does not include a temporary employee who is furnished to an “insured” to substitute
for a permanent "residence employee" on leave or to meet seasonal or short-term workload conditions.
“Residence premises” means:
a. The one family dwelling where you reside; or
b. That part of any other building where you reside;
and which is shown as the “residence premises" in the Declarations.
“Residence premises" also means a two family dwelling where you reside in at least one of the family units and
which is shown as the “residence premises" in the Declarations.
“Residence premises” also includes other structures and grounds at that location.
“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 settlerment-retated darnage to the interior such that the interior
building structure or members become unfit for service or represent a safety hazard as defined within the
Florida Building Code;
b. Foundation displacement or defiection 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 loads and forces they
were designed to support fo the extent that stresses in those “primary structural members" or “primary
structural systems” exceed 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 resuits in listing, leaning or buckling of the exterior load-bearing welis 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 middie one-third of the base as defined within the Florida Building Code;
d. Damage that results in the building. or any portion of the building containing “primary structural members" or
“primary structural systems’, being significantly likely to imminently collapse because of the movement or
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,
“Unoccupied" means the dwelling is not being inhabited as a residence. Homes being newly constructed are
not considered “unoccupied”.
“Vacant” means the dwelling lacks the necessary amenities, adequate furnishings, or utilities and services to
permit occupancy as a residence. Homes being newly constructed are not considered “vacant”.
SECTION | - PROPERTY COVERAGES
2.
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
b. Materials and supplies located on or next to the “residence premises” used toe 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.
B. Coverage B - Other Structures
4, We cover other structures 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.
2. 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
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used with permissiond. 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.
3. The timit of liability for this coverage will not be more than the Coverage 8 limit of liability shown in the
Declarations, Use of this coverage does not reduce the Coverage A limit of liability.
C. Coverage A~ Dwelling and Coverage B ~ Other Structures Special Limits of Liability
Cosmetic And Aesthetic Damage to Floors
The total limit of liability for Coverages A and B combined is $10,000 per policy term for cosmetic and aesthetic
damage to floors.
1. Cosmetic or aesthetic damage includes, but is not limited to:
a. Chips;
b. Scratches;
¢, Dents; or
d. Any other damage;
to less than 5% of the total floor surface area and does not prevent typical use of the floor.
2. This limit includes the cost of tearing out and replacing any part of the building necessary to repair the
damaged flooring.
3. This limit does not increase the Coverage A or Coverage B limit of liability shown in the Declarations.
4. This limit does not apply to cosmetic or aesthetic damage to floors cause by a Peril Insured Against as
named and described for Coverage C ~ Personal Property.
D. Coverage C ~ Personal Property
1. Covered Property
We cover personal property 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
b. A guest or a “residence emptoyee”, 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 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 itis:
(a) Being repaired, renovated or rebuilt; and
{b) Not fit to tive in or store property in; or
(2) Ina newly acquired principal residence for 30 days from the time you begin to move the property there.
b. Self-storage Facilities
Our limit of tiability for personal property owned or used by an “insured” and located in a self-storage facility
is 10% of the limit of lability 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 al! property in that category
unless a higher limit is shown on the Declarations. These special limits do not increase the Coverage C limit of
fiability,
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.
FLHO HO3 09 19 Contains copyrighted material of Insurance Services Office, Inc., 2010, Page 5 of 33
used with permissionb. $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.
. $1,500 on “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” of all types.
fe. $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 toss by theft of silverware, silver-plated ware, goldware, gold-plated ware, platinumware,
platinum-piated ware and pewierware. This includes flatware, hollowware, tea sets, trays and trophies
made of or including silver, goid 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 daes 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
(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) 1s 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",
k. $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”.
. Property Not Covered
We do not cover:
a. Articles separately described and specifically insured, regardiess of the limit for which they are insured, in
this or other insurance;
b. 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) 1s 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;
d. “Aircraft” or “drone” including any parts whether or not attached to the “aircraft” or “drone”.
We do cover model or hobby “aircraft” not used or designed to carry people or cargo;
e. “Hovercraft” and paris.
f. Property of:
{4) A “home-sharing occupant’;
{2) Any other person occupying the “residence premises” as a result of any “home-sharing host activities’;
or
(3) Roomers, boarders and other tenants, except property of reomers and boarders related to an "insured",
g. Property in:
(1) A space while rented or primarily held for rental to a “home-sharing occupant’; or
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used with permission{2) an apartment regularly rented or held for rental to others by an “insured”, except as provided under
Section | - Property Coverages, Paragraph E.10. Landiord’s Furnishings:
h. Property used primarily for “home-sharing host activities";
i. 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.
We do cover the cost of blank recording or storage media and of prerecorded computer programs available
on the retail market;
k. Credit cards, electronic fund transfer cards or access devices used solely for deposit, withdrawal or transfer
of funds except as provided under Section | — Property Coverages, Paragraph E.6. Credit Card,
Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money; or
1. Water or steam.
E. 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 exp
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Filing # 124090869 E-Filed 03/31/2021 12:20:36 PM IN THE CIRCUIT COURT OF THE 1ST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA DONNA FITE, CASE NO.: Plaintiff, vs. GULFSTREAM PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFF’S COMPLAINT FOR BREACH OF CONTRACT. AND DEMAND FOR JURY TRIAL Plaintiff, DONNA FITE, by and through the undersigned counsel, hereby files this Complaint against Defendant, GULFSTREAM PROPERTY AND CASUALTY INSURANCE COMPANY, and as grounds therefore states as follows: 1. This is an action for damages in excess of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of interest, attorneys’ fees and costs, and is otherwise within the jurisdictional limits of this Court. 2. At all times material hereto, Defendant was an insurance company authorized to do business in the State of Florida and doing business in Escambia County, Florida. 3. Prior to September 16, 2020, Plaintiff sought and purchased insurance from Defendant to cover the property located at 163 Le Port Drive, Pensacola Beach, Florida 32561 (hereinafter “Insured Property”). 4. At all times material hereto, Plaintiff and Defendant were parties to a policy of insurance, believed to bear policy number FAHP0000502 (hereinafter “Contract”). Plaintiff is in possession of a complete certified copy of the Contract, a copy of which is attached hereto as Exhibit A and incorporated by reference. Page I of 55. Prior to September 16, 2020, Plaintiff paid the premiums for the Contract. 6. The Contract provides multiple coverages for the Insured Property, including, but not limited to coverage to the dwelling, other structures, and personal property. 7. On or about September 16, 2020, the Insured Property sustained direct physical damage as a result of Hurricane Sally, including but not limited to, damages to the exterior elevations, pool, vinyl fence, and interior of the Insured Property. 8. The Contract provides coverage for the damages to the Insured Property. 9. The Contract was in full force and effect on September 16, 2020. 0. The Contract issued by Defendant is an “all-risks” policy, providing coverage for all direct physical loss unless excluded by the policy. 1. Plaintiff provided timely notice of the loss to Defendant. 2. After Plaintiff reported the claim, Defendant assigned a claim number believed to be GM20200774. 3. Defendant and/or its agents requested and were given access and the opportunity to inspect the Insured Property and the reported damage arising from the loss described in paragraph 7 above. 14. After Defendant performed its investigation, it extended coverage for the loss but failed to tender sufficient funds to enable Plaintiff to restore the Insured Property to its pre-loss condition. 15. Plaintiff has cooperated with Defendant in every way requested and has satisfied all conditions precedent to payment of benefits and suit as required by the Contract, prior to filing this suit. 16. Jurisdiction and venue of this matter are proper in the Circuit Court for Escambia County, Florida. Page 2 of 5COUNT I- BREACH OF CONTRACT 17. Plaintiff realleges and reincorporates paragraphs 1-16 as if fully stated herein, and further alleges as follows: 18. On September 16, 2020, Plaintiff and Defendant were parties to a valid contract. 19. On or about September 16, 2020, the Insured Property sustained direct physical damages as a result of a peril insured against. 20. Defendant extended coverage for the loss but failed to tender sufficient funds to allow Plaintiff to restore the Insured Property to its pre-loss condition. 21. Under the Contract, Defendant had an obligation to tender sufficient funds to allow Plaintiff to restore the Insured Property to its pre-loss condition or tender policy limits in the event of a total loss. 22. By failing to tender all sums due and owing under the Contract, Defendant materially breached the Contract. 23. Plaintiff has been damaged by this material breach in the form of unpaid insurance proceeds. 24. As a direct and proximate result of Defendant’s breach of contract, Plaintiff has been required to retain the services of the undersigned attorneys to represent and protect Plaintiff's interests, and Plaintiff has become obligated to pay them a reasonable fee for their services in bringing this action. 25. In the event Plaintiff prevails in this action, Plaintiff is entitled to an award of attorneys’ fees and costs pursuant to sections 627.428 and 57.041, Florida Statutes, and/or other Florida Law. Page 3 of 5WHEREFORE, Plaintiff demands judgment against Defendant for damages, including but not limited to damages owed under the Contract, interest, attorneys’ fees and costs, and Plaintiff demands trial by jury of all issues so triable. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all issues so triable as a matter of right. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been served on Defendant. KANNER & PINTALUGA, P.A. Attorneys for Plaintiffs 3615 East Frontage Road. Tampa, Florida 33607 Phone: (561) 892-9858 Fax: (561) 853-2188 Court Phone Number: (1-888) 824-7834 Email: jharris@kpattorney.com jgroover@kpattorney.com meotto@kpattomey.com By: _/s/ Jamie L. Harris JAMIE L. HARRIS, ESQ. Florida Bar No.: 120102 JEFFREY D, GROOVER Florida Bar No.:118239 Page 4 of 5EXHIBIT A Page 5 of 5Lisa Hollis eS SSS sss SO hiss From: Cat EXAM130 Sent: Monday, October 19, 2020 3:38 PM To: Lisa Hollis Subject: FW: Claim #: GM20200774; insured: Donna Fite Attachments: Fite LOR.pdf, Regions Payoff - Lien Release.pdf; WB Public Adjuster Contract - Wind Claim - Gulfstream - signed.pdf Follow Up Flag: Follow up Flag Status: Flagged Hello, Requesting Certified copy of policy per PA request below. Thanks Tunisia Abban From: Bill Simmons Sent: Friday, October 16, 2020 2:49 PM To: SCS Ce: L2-2020100001 @claimwizard.com; DONNA FITE ; Chris Spinnler Subject: Claim #: GM20200774; insured: Donna Fite Gulfstream Property and Casualty Insurance Company 5240 Paylor Lane Sarasota, FL 34240 Attn: Claims Department October 16, 2020 insured: Donna Fite Loss Address: 163 Le Port Drive Claim #: GM20200774 Pensacola Beach, FL 32561 Policy #: FAHPO000502 Date of Loss: September 16, 2020 Cause of loss: Hurricane Our File #: 2020100001 Our Adjuster: William Simmons Attention Claims Department: Please be advised that we, Claim-Tek LLC, represent the named insured for their loss as stated above. Enclosed you will find a copy of our contract. As stated by the insured, we hereby request that all further communication and correspondence regarding this claim be directed to this office. Claim-Tek LLC represents the above-captioned individual in a clair for damage, under the above referenced policy, to all iGulfstream Cotumbia, SE" S%s409338 Tica Car 135-485-3908 www.guifstream-ins.com Date: October 22, 2020 To the best of my knowledge the attached policy is a true and exact copy which was effective and assumed by Gulfstream Property & Casualty. Policy Number: FAHPO0000502 Insured: Donna Fite Policy Dates: 03/10/2020 -- 03/10/2021 Gulfstream Representative Sworn to and subscribed before me at Columbia, S.C. This 22nd day of Oct ape D0 Commission Expires > we bee iene™G ulfstr am Gulfstream Property and Homeowners Declaration Property A Cheval nomeance Casualty Insurance Company Change PO Box 100248 Columbia, SC 29202-3248 Customer Service; 1-866-485-3004 Claim Reporting: 1-866-485-3005 Form Number HOS Effective Date March 10, 2020 Policy Number FAHPOO00502 Expiration Date March 10, 2021 12:01am vo ea “ = waa I _ UNDERWOOD ANDERSON & | | ASSOCIATES. | Donna Fite | PO BOX 9578 163 Le Port Dr | PENSACOLA, FL 32513-9578 Pensacola Beach, FL 32561-3914 i / | Phone: 850-434-5526 163 te Port 0 Pensacola Beach FL 32561 nts Change Reason(s): Change General info Discounts and |__ Surcharges T @rs99 999.00) | Endorsements and | Optional Coverages | Fe Fees and Assessments | Basic Coverages 0 ______ $10,000 | $125,000 | B28 1 “BASIC COVERAGES PREMIUM PLEASE SEE NOTICES.ON PAGE 3. Hurricane: 2% = $10,000 Ali Other Perils: $1,000. Equipment Breakdown: $500 Water Backup: $250 Ml Lior AUTHORIZED COUNTERSIGNATURE 06/11/2020 GS DEC 08 19 Page 1 of §Insured Copy Homeowners Effective Date: 3/10/2020 Date Issued: 6/11/2020 Form Number HO3 Effective Date March 10, 2020 Policy Number FAHPOO00502 Expiration Date March 10, 2021 12:01am Refrigerated Property: $100 Lock Replacement: $100 CENDORSEMEN Limit of Liabiity Premium Ordinance or Law 50% included Advantage Pius Package included Personal Liability $300,000 included Equipment Breakdown $100,000 included Animal Liability Speciat Limits $25,000 Included Medical Payments $5,000 Included Water Backup and Sump Discharge or Overflow $5,000 Included Jewelry and Furs $3,000 included Credit. Card Coverage $1,000 included Fire Department Service Charge Coverage $750 included Refrigerated Property $500 included Lock Replacement $250 included Personal Injury included Personal Property Replacement Cost included Limited Fungi, Wet or Dry Rot or Bacteria included Section | $10,000 Section ii $50,000 Premium Age of Home/Year of Construction $352.00 Age of insured ($174.00) Companion Policy ($59.00) Prior Loss ($78.00) Windstorm Mitigation ($2,039.00) aN Premium Managing General Agency Policy Fee $26.00 Emergency Management Preparedness and Assistance Trust Fund Surcharge $2.00 Form: HO? Protection Class: 04 BCEG: 03 Construction: Frame Occupancy: Owner Territory: 602 Year Built: 01/1995 Structure Type: Dweiling Usage: Secondary/Seasonal GS DEC 09 19 Page 2 of 5Insured Copy’ Homeowners Effective Date: 3/10/2020 Date issued: 6/41/2020 Name and Address: Regions Bank Its Successors and/or Assigns PO Box 163169 Fort Worth, TX 76161-3169 Interest Type: 48 Mortgagee Loan #: gongeoo2s0nt 8 Payor: No Checklist of Coverages OIR-B1-1670 01 66 Assignment of Benefits Notice FLHO AOB 10.19 Windstorm Loss Mitigation Device Credits (Notice) FLHO WL 09 19 Notice of Premium Discount for Hurricane Loss Mitigation OIR-B1-1855 02 10 Deductible Options Notice FLHO DO 09 19 Ordinance or Law FLHO OL 09 19 OFAC Advisory Notice 1 P 001 0104 Privacy Notice GS 1288 06 18 Policy Jacket FLHOJ1 0919 Policy index FLHO HO3 IDX 0919 Homeowners 3 - Special Form FLHO HO3 09 19 Calendar Year Hurricane Deductible FLHO 03 52 09 19 Limited Fungi. Wel or Ory Rot or Bacteria Sec Il Liability Coverage FLHO 03 34 09 19 Home Day Care Exclusion GSHO 107 09 19 Advantage Plus Package FLHO ADPL 09 19 Equipment Breakdown Coverage GSHO EB 09 19 Personal Property Replacement Cost GSHO 04 90 09 19 Personal Injury FLHO 24 83 09 19 Water Backup and Sump Discharge or Overflow FLHO 04 96 08 19 Animal Liability Special Limits Endorsement FLHO 106 09 19 Refrigerated Property GSHO 04 98 09 18 Secondary/Seasonal Premises Liability Limitation GSHO SSR 09 19 GS DEC 09 19 Page 3 of 5Insured Copy Homeowners Effective Date: 3/10/2020 Date Issued: 6/11/2020 NOTICES THIS REPLACES ALL PREVIOUSLY ISSUED POLICY DECLARATIONS, IF ANY. THIS POLICY APPLIES TO ACCIDENTS, OCCURRENCES. OR LOSSES WHICH HAPPEN DURING THE POLICY PERIOD SHOWN ABOVE, UNLESS OTHERWISE INDICATED IN THE POLICY OR AN ENDORSEMENT. A Windstorm Mitigation Device Credit rate adjustment of 28.0% for the hurricane portion and 28.0% for the non-hurricane wind portion of the premium has been applied to the policy. The adjustments can range from a surcharge or discount of 0% to 89.0% for the hurricane and wind premiums. Your Building Code Effectiveness Grading schedule adjustment is 9.9% for the hurricane portion and 9.9% for the non-hurricane wind portion of the premium. The adjustments can range from a surcharge or discount of 0% to 46.1% for the hurricane and wind premiums, LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. FLOOD INSURANCE: YOU MAY NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR AGENT. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. GS DEC 09 19 Page 4 of 5Insured Copy Homeowners Effective Date: 3/10/2020 Date issued: 6/11/2020 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. | GS DEC 09 19 Page 5 of §FAHPO000502 Checklist of Coverage Policy Type: Homeowner's (HO-3} (Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's) The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures @ condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wail, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’ Helpline at (800) 342-2762 or www. fidfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) 4 i Limit of insurance: 900.008 Loss Settlement Basis: Replacement Cost (ie: Replacement Cost, Actual Cash Value, Stated Value, etc.) Other Structures Coverage (Detached from Dwelling) ies R t Cost ‘Limit of insurance: 0,000 Logs Settionient Basie: RePeement Cos! (ie.. Replacement Cosi, Actual Cash Value, Stated Value, etc.) Personal Property Coverage ... Replacement Cost Limit of insurance: $°280? Loss Settlement Basis: ““Paenen (Le, Replacement Cost, Actual Cash Value, Stated Value, etc.) Deductibles 2% = $10,000 $1,000 Annual Hurricane: Ail Perils (Other Than Hurricane): OIR-B1-1670 (1-1-06) 1of3FAHP0000502 Checklist of Coverage (continued) The above Limit of Insurance. Deductibles, and Loss Settlement Basis apply to the following perils insured against: {tems below marked Y (Yes) indicate coverage 15 included, those marked N (No} indicate coverage is NOT included) | Fire or Lightning | Flood {ine (including storm Windstorm or Hail (other than hurricane) Eas ae Riot or Civ Commotion ~~ ~~ ~ ~ ota — — | Vehicles oe Smoke Vandalism or Malicious Mischief | Any Other Peril Not ‘Specifically Excluded (dwelling and other structures only) te “|< il 151 ta 1° _ Special timits and loss settlement exceptions may apply to certain items. Refer to your policy for details. Loss of Use Coverage ee below marked Y (Yes) indicate coverage 1S included, those marked N (No) dicate coverage is NOT included) Additional Living Expense 0 Time to Repair YP Bair Rental Vale TY Inclided DALE —~«dY Time te Ropar ~ Y | Civil Authority Prohibits Ose included in ALE Two Weeks Property - Additional/Other Chvelages ee “(items Below marked Y (Yes) indicate | coverage 1S Uimit of insurance [ Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is coverage or is included within the policy limit. NOT included) RaahoeA Glass or Safety Glazing Material Candiord’s Furnishings ~ Law and Ordinance Grave Markers Mold / Fungi < oats OIR-B1-1670 (1-1-06) 20f3FAHP0000502 Checklist of Coverage (continued) Discounts ‘(tems below marked Y {Yes} indicate discount {S applied, those marked | Dollar ($} Amount of Discount N (No) indicate discount is NOT applied) | Muitiple Policy Building Code Effectiveness Grading Schedule Fr | Other ($268.15) nninnnsvintannnnmnnmanunsninmnnnnl Suter May insert Any Other Property Coverage Below _ Limit of Loss Settiement Basi {Items below marked Y (Yes) indicate coverage |S insurance {Les Replacernent Cost, Actual Cash Value, included, those marked N (No) indicate coverage is Stated Value, etc.) NOT included) Personal Liability Coverage 300,000 Medical Payments to Others Coverage Liability - Additional/Other Coverages ee ee Cimitof “Amount of insurance is an additional amount of (Items below marked Y (Yes) indicate coverage IS Insurance coverage or is included within the policy limit. included, those marked N (No) indicate. coverage is NOT inch No Limit f Damage to Property of Others L Loss Assessment Insurer May Insert Any Other Liability Ce {iterns below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is NOT included) Ko {—— OIR-B1-1670 (1-1-06) 3of3Gulfstroam Property & Casualty Insurance Dear Policyholder: Florida law relating to assignment agreements (often called an Assignment of Benefits or “AOB’) typically used for urgent or emergency circumstances changed effective July 1, 2019. An AOB is a document signed by a policyholder that allows a third party, such as a water extraction company or a roofer, to seek direct payment from Gulfstream. This document may sign over your insurance benefits to this third party and prevent you from communicating with Gulfstream about your claim. Please be aware that you do not need to enter into an assignment agreement to access coverage under your homeowners policy. The Florida Office of Insurance Regulation advises taking the following precautionary measures if you choose to sign an AOB: « Read your insurance policy and know what your responsibilities are after a loss. » Contact your insurance company or agent before signing an AOB. + Read the AOB carefully. You are under no obligation to sign it. + Beware of language that allows all proceeds of the claim to be made payable to anyone other than you or your mortgage company. « Do not sign if there are blank spaces in the document. if you choose to sign an AOB, the following locations are designated for receipt of executed assignment of benefits agreements per Section F.S. 627.7152, Florida Statutes: Gulfstream Property and Casualty Insurance Company AOB Processing PO Box 100248 Columbia, SC 29202-3248 ~ or ~ Email: AOB@gsfla.com @ of Insurance Regulation AOB Resources online at afi ional information, visit the Florida Offic wf floir jons/Pande nto! THANK YOU FOR CHOOSING GULFSTREAM. WE APPRECIATE YOUR BUSINESS. If you have questions, contact us at (866) 485-3005. FLHO AOB 10 19Guifste am Property & Casualty Insurance WINDSTORM LOSS MITIGATION DEVICE CREDITS Discounts may be available, some significant, on the portion of your premium attributable to wind when your dwelling is: 1. Equipped with certain windstorm loss mitigation devices; or 2. Designed with certain construction features. You may also be eligible to reduce your Hurricane Deductible. Please contact your Insurance Agent if you have any questions pertaining to these credits and your home. FLHO WL 09 19 Page 1 of 1Notice of Premium Discounts for Hurricane Loss Mitigation *** Important Information *** About Your Personal Residential Insurance Policy Dear Homeowner, Hurricanes have caused tens of billions of dollars in insured damages and predictions of more catastrophic hurricanes making landfall in Florida have triggered increases in insurance premiums to cover potential future losses. Enclosed is information regarding wind loss mitigation that will make your home more resistant to wind and help protect your family during a catastrophic event. In addition to reducing your hurricane wind premium by installing mitigation features, you may also reduce the likelihood of out of pocket expenses, such as your hurricane deductible, you may otherwise incur after a catastrophic event. What factors are considered in establishing my premium? Your location: The closer a home is to the coast, the more vulnerable it is to damage caused by hurricane winds. This makes the hurricane-wind premium higher than for similar homes in other areas of the state. Your policy: Your insurance policy is divided into two premiums: one for damage caused by hurricane force winds (hurricane-wind) and one for all other damage (all perils), such as fire. Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10% deductible, depending on the actual value of your home. The larger your deductible, the lower your hurricane-wind premium. However, if you select a higher deductible your out- of-pocket expenses in the event of a hurricane claim will be higher. Improvements to your home: The state requires insurance companies to offer discounts for protecting your home against damage caused by hurricane winds. Securing your roof so it doesn’t blow off and protecting your windows from flying debris are the two most cost effective measures you can take to safeguard your home and reduce your hurricane —wind premium. These discounts apply only to the hurricane-wind portion of your policy. The costs of the improvement projects vary. Homeowners should contact a licensed contractor for an estimate. You can find a Certified Contractor in your area by visiting the Florida Department of Business and Professional Regulation online at www.myfioridalicense.com. Your maximum discount: Discounts are not calculated cumulatively. The total discount is not the sum of the individual discounts. Instead, when one discount is applied, other discounts are reduced until you reach your maximum discount of 89%. OIR-B1-1655 (Rev.02/10) Adopted by Rule 680-170.0155 1How can | take advantage of the discounts? Homeowners will need a qualified inspector such as a general, building, or residential contractor licensed under Section 489,111, Florida Statutes, or a professional engineer licensed under Section 471.015, Florida Statutes, who has passed the appropriate equivalency test of the Building Code training program as required by Section 553.841, Florida Statutes, or a professional architect licensed under Section 481.213, Florida Statutes, or a building code inspector certified under Section 468.607, to inspect the home to identify potential mitigation measures and verify improvements. For a listing of individuals and/or inspection companies meeting these qualifications contact your insurance agent or insurance company. The following is an example of how much you can reduce your insurance premium if you have mitigating features on your home. The example is based on your hurricane-wind premium* of $3,959.00 which is part of your total annual premium of $5,338.00 Remember, the discounts shown only apply to the hurricane-wind portion of the premium and the discounts for the construction techniques and features listed below are not cumulative. * Wind mitigation credits apply to that portion of your premium that covers the peril of wind, whether or not a hurricane exists. Homes built prior to the 2001 building code ‘ + Description of Feature Estimated" Premium Fam aed Oe al Discount Percent R i by: f ing _{.e.. shingles or ti * Meets the Florida Building Code. 6% $238.00 « Reinforced Concrete Roof Deck. 80% $3,167.00 (if this feature is installed on your home you most likely will not qualify for any other discount.) How Yor is Attached « Using a 2” nail spaced at 6" from the edge of | 0% $0.00 the plywood and 12" in the field of the plywood. « Using a 2 1/2” nail spaced at 6” from the edge | 16% $633.00 of the plywood and 12" in the field of the plywood. * Using a 2 1/2” nail spaced at 6" from the edge | 16% $633.00 of the plywood and 6" in the field of the plywood. OIR-B1-1655 (Rev.02/10) Adopted by Rute 690-170.0155 NoRe -Wall Connecti « Using “Toe Nails” — defined as three nails 0% $0.00 driven at an angle through the rafter and into the top roof. « Using Clips - defined as pieces of metal that 27% $1,069.00 aré nailed into the side of the rafter/truss and into the side of the top plate or wall stud. * Using Single Wraps -~- a single strap that is 32% $1,267.00 attached to the side and/or bottorn of the top plate and are nailed to the rafter/truss. e« Using Double Wraps - straps are attached to 36% $1,425.00 the side and/or bottom of the top plate and are nailed to the rafter/truss. Roof Shape « Hip Roof ~ defined as your roof sloping down | 14% $554.00 to meet all your outside wails (like a pyramid). « Other. 0% $0.00 Secondary Water Resistance (SWR) * SWR- defined as a layer of protection 5% $198.00 between the shingles and the plywood underneath that protects the building if the shingles blow off. + NoSWR. 0% $0.00 Shutters * None. 0% $0.00 * Intermediate Type —shutters that are strong 21% $831.00 enough to meet half the old Miami-Dade building code standards. * Hurricane Protection Type ~ shutters that are | 26% $1,029.00 strong enough fo meet the current Miami- Dade building code standards. AMOVOZAC ASK Ta NMOOMP Fr TO™MoOOmP Page 1 of 2FLHO HO3 IDX 09 19 Nonrenewal Assignment Subrogation. Death ..... Renewal Notification . Notification Regarding Access .. Change in Occupancy or Usage of "Residence Prem er rommo Important Note: The endorsements listed on your Policy Declarations and attached to your policy significantly modify sections of this form and specifically define the terms of you’re your coverage. Please contact your insurance Agent If you have any questions concerning your Homeowners Insurance Coverage. Page 2 of 2Gulfstream Property and Casualty Insurance Company HOMEOWNERS FLHO H03 09 19 HOMEOWNERS 3 — SPECIAL FORM AGREEMENT In reliance on the information you have given us, we will provide the insurance described in this Policy in return for the premium and compliance with all applicable provisions of this Policy. DEFINITIONS A. in this Policy, “you” and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident of the same household. "We", "us" and “our” refer to the Company providing this insurance. B. in addition, certain words and phrases are defined as follows: 4. “Aircraft Liability’, “Drone Liability’, “Hovercraft Liability", “Motor Vehicle Liability” and "Watercraft Liability", subject to the provisions in b, below, mean the following: a. Liability for “bodily injury" or “property damage” arising out of the: {1) Ownership of such vehicle or craft by an “insured”; {2) Maintenance, occupancy, operation, use, loading or unloading of such vehicle or craft by any person; {3} Entrustment of such vehicle or craft by an “insured” to any person; {4) Failure to supervise or negligent supervision of any person involving such vehicle or craft by an “insured”; or (5) Vicarious liability, whether or not imposed by law, for the actions of a child or minor involving such vehicle or craft. b. For the purpose of this definition: (1) “Aircraft” means any contrivance used or designed for flight except model or hobby aircraft not used or designed to carry people or cargo; {2} “Hovercraft” means a self-propelled motorized ground effect vehicle and includes, but is not limited to, flarecraft and air cushion vehicles; (3) “Watercraft means a craft principally designed to be propelled on or in water by wind, engine power or electric motor; (4) “Motor vehicle” means a “motor vehicle" as defined in 15. below; and (8) “Drone” means any unmanned aircraft or ship that can navigate autonomously; {a) without human control; or {b)} beyond line of sight by the 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" means: a. Atrade, profession or occupation engaged in on a full-time, part-time or occasional basis; or b. Any other activity engaged in for money or other compensation, except the following: (1) One or mare activities, not described in (2) through (4) below, for which no "insured" receives more than $2,000 in total compensation for the 12 months before the beginning of the policy period; (2) Volunteer activities for which no money is received other than payment for expenses incurred to perform the activity: {3) Providing home day care services for which no compensation is received, other than the mutual exchange of such services; or {4) The rendering of home day care services to a relative of an “insured”. e. “Home-sharing host activities”. 4, “Carport(s)" means aluminum-framed carport(s) permanently attached to the main dwelling. 5. “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; FLHO HO3 09.19 Contains copyrighted material of Insurance Services Office, Page 1 of 33 Inc., 2010, used with permission¢. “Structural damage” of the “principal building” insured under this Policy, including the foundation; and d. The “principal building” or structure being condemned and ordered to be vacated by the governmental agency authorized by faw to issue such an order for that “principal building”. “Catastrophic ground cover collapse" coverage does not apply to Coverage B — Other Structures. §. “Diminution in value” means any reduction in value of any covered property prior to or following repair or replacement as compared to the value of that property immediately before the loss. 7. "Employee" means an employee of an "insured", or an employee leased to an “insured” by a labor leasing firm under an agreement between an “insured” and the labor leasing firm, whose duties are other than those performed by a "residence employee". 8. “Fungi” means: a. Any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. b. Under Section I, this does not include any “fungi" that are in, are on, or are contained in a good or product intended for consumption. 9. “Home-sharing host activities” means: a. The: (4) Rental or holding for rental: or (2) Mutual exchange of services; of the “residence premises” in whole or in part, by an “insured” to a “home-sharing occupant” through the use of a “home-sharing network platform"; and b, Any other related property or services made available by an “insured” for use during such: (4) Rental; or {2) Mutual exchange of services; except those property or services provided by another party. 16. “Home-sharing network platform” means an online-enabled application, social media network, web site or digital network that is used for the purpose of facilitating, for money, mutual exchange of services or other compensation, the rental of a dwelling or other structure in whole or in part. 11. “Home-sharing occupant" means a person, other than the “insured”, who: a. Has entered into an agreement or arranged compensation with an “insured” through the use of a “home- sharing network platform” for “home-sharing host activities"; or b, Is accompanying or staying with a person described in Paragraph a. of this definition under such “home- sharing host activities”, c. In this policy, the terms roomer, boarder, tenant or guest do not include a “home-sharing occupant”. 12. “Hurricane occurrence” means a storm system that has been declared to be a hurricane by the National Hurricane Center of the National Weather Service, with a duration that: a. Begins at the time a hurricane watch or hurricane warning is issued for any part of Florida by the National Hurricane Center of the National Weather Service; b. Continues for the time period during which the hurricane conditions exist anywhere in Florida; and cc. Ends 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. 13. "Insured" means: a. You and residents of your household who are: (4) 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; b. A student enrolled in schoo! 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 Page 2 of 33 Contains copyrighted material of Insurance Services Office, Inc., 2010, FLHO HO3 09 19 used with permission14. 15. 16. 17. 18. 19. 20. 2A. BB c. Under Section It: (1) With respect to animals or ‘watercraft’ to which this policy applies, any person or organization legally tesponsible for these animals or “watercraft’ which are owned by you or any person described in 13.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 13.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". “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 Deciarations; 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 a. and 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. "Motor vehicle" means: a. Aself-propelied land or amphibious vehicle; or b. Any trailer or semitrailer which is being carried on, towed by or hitched for towing by a vehicle described in a. above. “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". “Pollutants” means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed, “Pool Cage(s), or Screen Enclosure(s)’ means any structure whether or not attached to your dwelling, enciosed by screens on more than one side, otherwise open to the weather, and not constructed and covered by the same or substantially the same materials as that of the dwelling where you reside. “Primary structural member” means a structural elament 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 of structures at that location. . “Property damage” means physical injury to, destruction of, or toss of use of tangible property. . "Residence employee” means: a. An employee of an “insured”, or an employee leased to an "insured" by a labor leasing firm, under an agreement between an "insured" and the labor leasing firm, whose duties are related to the maintenance or use of the "residence premises”, including household or domestic services; or b. One who performs similar duties elsewhere not related to the "business" of an “insured”. FLHO HO3 09 19 Contains copyrighted material of Insurance Services Office, Inc., 2010, Page 3 of 33 used with permission24, 25. 26. 27. A "residence employee” does not include a temporary employee who is furnished to an “insured” to substitute for a permanent "residence employee" on leave or to meet seasonal or short-term workload conditions. “Residence premises” means: a. The one family dwelling where you reside; or b. That part of any other building where you reside; and which is shown as the “residence premises" in the Declarations. “Residence premises" also means a two family dwelling where you reside in at least one of the family units and which is shown as the “residence premises" in the Declarations. “Residence premises” also includes other structures and grounds at that location. “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 settlerment-retated darnage to the interior such that the interior building structure or members become unfit for service or represent a safety hazard as defined within the Florida Building Code; b. Foundation displacement or defiection 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 loads and forces they were designed to support fo the extent that stresses in those “primary structural members" or “primary structural systems” exceed 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 resuits in listing, leaning or buckling of the exterior load-bearing welis 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 middie one-third of the base as defined within the Florida Building Code; d. Damage that results in the building. or any portion of the building containing “primary structural members" or “primary structural systems’, being significantly likely to imminently collapse because of the movement or 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, “Unoccupied" means the dwelling is not being inhabited as a residence. Homes being newly constructed are not considered “unoccupied”. “Vacant” means the dwelling lacks the necessary amenities, adequate furnishings, or utilities and services to permit occupancy as a residence. Homes being newly constructed are not considered “vacant”. SECTION | - PROPERTY COVERAGES 2. 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 b. Materials and supplies located on or next to the “residence premises” used toe 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. B. Coverage B - Other Structures 4, We cover other structures 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. 2. 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 Page 4 of 33 Contains copyrighted material of Insurance Services Office, Inc., 2010, FLHO H03 09 19 used with permissiond. 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. 3. The timit of liability for this coverage will not be more than the Coverage 8 limit of liability shown in the Declarations, Use of this coverage does not reduce the Coverage A limit of liability. C. Coverage A~ Dwelling and Coverage B ~ Other Structures Special Limits of Liability Cosmetic And Aesthetic Damage to Floors The total limit of liability for Coverages A and B combined is $10,000 per policy term for cosmetic and aesthetic damage to floors. 1. Cosmetic or aesthetic damage includes, but is not limited to: a. Chips; b. Scratches; ¢, Dents; or d. Any other damage; to less than 5% of the total floor surface area and does not prevent typical use of the floor. 2. This limit includes the cost of tearing out and replacing any part of the building necessary to repair the damaged flooring. 3. This limit does not increase the Coverage A or Coverage B limit of liability shown in the Declarations. 4. This limit does not apply to cosmetic or aesthetic damage to floors cause by a Peril Insured Against as named and described for Coverage C ~ Personal Property. D. Coverage C ~ Personal Property 1. Covered Property We cover personal property 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 b. A guest or a “residence emptoyee”, 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 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 itis: (a) Being repaired, renovated or rebuilt; and {b) Not fit to tive in or store property in; or (2) Ina newly acquired principal residence for 30 days from the time you begin to move the property there. b. Self-storage Facilities Our limit of tiability for personal property owned or used by an “insured” and located in a self-storage facility is 10% of the limit of lability 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 al! property in that category unless a higher limit is shown on the Declarations. These special limits do not increase the Coverage C limit of fiability, 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. FLHO HO3 09 19 Contains copyrighted material of Insurance Services Office, Inc., 2010, Page 5 of 33 used with permissionb. $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. . $1,500 on “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” of all types. fe. $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 toss by theft of silverware, silver-plated ware, goldware, gold-plated ware, platinumware, platinum-piated ware and pewierware. This includes flatware, hollowware, tea sets, trays and trophies made of or including silver, goid 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 daes 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 (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) 1s 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", k. $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”. . Property Not Covered We do not cover: a. Articles separately described and specifically insured, regardiess of the limit for which they are insured, in this or other insurance; b. 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) 1s 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; d. “Aircraft” or “drone” including any parts whether or not attached to the “aircraft” or “drone”. We do cover model or hobby “aircraft” not used or designed to carry people or cargo; e. “Hovercraft” and paris. f. Property of: {4) A “home-sharing occupant’; {2) Any other person occupying the “residence premises” as a result of any “home-sharing host activities’; or (3) Roomers, boarders and other tenants, except property of reomers and boarders related to an "insured", g. Property in: (1) A space while rented or primarily held for rental to a “home-sharing occupant’; or Page 6 of 33 Contains copyrighted material of Insurance Services Office, Inc., 2010, FLHO HO3 09 19 used with permission{2) an apartment regularly rented or held for rental to others by an “insured”, except as provided under Section | - Property Coverages, Paragraph E.10. Landiord’s Furnishings: h. Property used primarily for “home-sharing host activities"; i. 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. We do cover the cost of blank recording or storage media and of prerecorded computer programs available on the retail market; k. Credit cards, electronic fund transfer cards or access devices used solely for deposit, withdrawal or transfer of funds except as provided under Section | — Property Coverages, Paragraph E.6. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money; or 1. Water or steam. E. 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 exp