Preview
Filing # 132893705 E-Filed 08/18/2021 09:04:33 AM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA
CASE NUMBER:
EDGAR B RODRIGUEZ CALDERON,
Plaintiff,
vs.
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY,
Defendant,
/
COMPLAINT AND DEMAND FOR JURY TRIAL
COMES NOW, the Plaintiff, EDGAR B RODRIGUEZ CALDERON, by and through the
undersigned attorney and hereby brings the foregoing breach of contract lawsuit against the
Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter
“UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY” or “Defendant”), and
states the following in support of:
1. At all material times, Plaintiff, EDGAR B RODRIGUEZ CALDERON, is an
individual who resides and holds his place of residence in Osceola County, Florida.
2. At all material times, Defendant, UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY, was and is a Florida corporation and duly licensed to transact business
in Osceola County, Florida.
3. Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE
COMPANY, does business, has offices, and/or maintained agents for the transaction of its
customary business in Osceola County, Florida.4. The insurance policy at issue was written and issued by Defendant in the State of
Florida. See copy of the subject insurance policy is attached hereto as Exhibit “A.”
5. Plaintiff, EDGAR B RODRIGUEZ CALDERON, is a named insured(s) under the
subject policy of insurance.
6. Plaintiff, EDGAR B RODRIGUEZ CALDERON, sought and purchased the
subject insurance policy from Defendant to cover real property and dwelling located at 3005
VILLA PRECIOSA DR Kissimmee, FL 34744.
7. On or about June 20, 2020, Plaintiff sustained covered wind driven rain damage to
the insured dwelling.
8. Plaintiff notified Defendant of the loss and allowed Defendant onto the subject
property to perform all necessary inspections and evaluations of the loss.
9. Defendant issued various payments, but the payments were NOT sufficient to make
Plaintiff whole for the loss.
10. Accordingly, Defendant has failed to properly indemnify Plaintiff for loss that was
sustained at the subject property.
11. The foregoing action is related to Defendant’s failure to indemnify Plaintiff for the
reasonable value to restore the insured property to its pre-loss condition.
COUNT 1 - BREACH OF CONTRACT
12. Plaintiff re-alleges paragraphs 1-11 and incorporate the same by reference herein.
13. This count is for breach of contract, with damages that exceed Thirty Thousand
Dollars ($30,000.00), exclusive of interest, and attorney’s fees and costs.14. Plaintiff, EDGAR B RODRIGUEZ CALDERON, purchased a property and
casualty insurance policy from Defendant, which was in full force and effect as of June 20, 2020,
when the subject property was damaged as a result of wind driven rain.
5. Upon proper notification of Defendant, the loss was assigned claim #FL21-
0113003-N820 to identify the claim.
6. Plaintiff has complied with all conditions under the policy or the conditions have
been waived.
7. Jurisdiction and Venue are proper in Osceola County, Florida.
8. Despite demand for payment, Defendant has failed to indemnify Plaintiff for a
covered loss; moreover, Defendant has failed to put Plaintiffs’ insured property in its pre-loss
condition as required by the subject insurance contract and Florida Statute.
19. Defendant’s failure and/or refusal to reimburse Plaintiffs and place their home and
personal property in its pre-loss condition amounts to a breach of contract.
20. Plaintiff has been damaged as a result of Defendant’s breach of contract —
specifically, in the form of insurance proceeds that have NOT been paid, including but not limited
to statutory interest and reasonable attorney’s fees and costs.
21. Plaintiff has been and remains fully prepared to comply with the obligations and
duties required by the subject insurance policy.
22. As a result of Defendant’s breach of contract, it has become necessary that the
Plaintiff retain the services of the undersigned attorney. Plaintiff is obligated to pay a reasonable
fee for the undersigned attorney’s services in bringing this action.
23. Plaintiff is entitled to recovered attorney’s fees and costs pursuant to Fla. Stat.
627.428.WHEREFORE, Plaintiff, EDGAR B RODRIGUEZ CALDERON, demands judgement
against Defendant for all monies outstanding, plus interest on any repairs necessary to place the
subject dwelling in its pre-loss condition, plus attorney’s fees and costs pursuant to Fla. Stat.
627.428.
Dated: August 18, 2021
Qe,
Paul T. Zeniewicz, Esquire
Florida Bar Number: 0094715
PZ Law Firm, P.A.
611 North Hyer Avenue
Orlando, Florida 32803
Phone: (407) 500-3979
Fax: (407) 386-7980
Primary: paulz@pzlawfirm.com
Secondary: ashley@pzlawfirm.com
Attorney for PlaintiffExhibit “A”Universal Property & Casualty Insurance Company,
A Stock Company
c/o Evolution Risk Advisors, Inc.
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309
Homeowners @S UNIVERSAL
Declaration Effective PROPERTY
06/26/2020 1 GASUALIVINSURASCY COMPANY
New Policy
THIS IS NOT A BILL
For Policy or Claims Questions Contact Your Agent Listed Below
FROM __Policy Period TO MORTGAGEE BILLED} Agent Code
6/26/2020 6/26/2021 12:01 AM Standard Time
Policy Number
1501-2004-2663
Named Insured and Address Agent Name and Address
EDGAR B RODRIGUEZ CALDERON Alex Insurance Agency
3005 VILLA PRECIOSA DR 6 Broadway Ave.
Kissimmee, FL 34744 Kissimmee, FL 34741
(321) 305-2807 (407) 847-2539
Insured Location
3005 VILLA PRECIOSA DR KISSIMMEE, FL 34744 OSCEOLA COUNTY
Premium Summary
Basic Coverages Attached Endorsements Total Policy Premium
Premium Premium Assessments / Surcharges MGA Fees/Policy Fees _ (Including Assessments & Surcharges)
$2,603.50 ($1,197.50) $0.00 $27.00 $1,433.00
Rating Information
Townhouse/ Number of Protection
Form Construction Year Rowhouse Families Occupied Class Territory BCEG
HO3 Masonry 2004 N 1 Y 3 541 4
Dwelling Personal Property Protective Device Credits:
County Replacement Cost Replacement Cost Burglar Fire Sprinkler
OSCEOLA Y N N N N
We will provide the i insurance ‘described in this policy i in. ‘retum for the premium and compliance with all applicable provisions —
of this policy. For renewals: If we elect to continue this insurance, we will renew this policy if you pay the required renewal
premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to
the end of the current policy period or else this policy will expire.
Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the
conditions of this policy. oe ce ee . .
COVERAGES - SECTION I LIMITS PREMIUMS COVERAGES - SECTION LIMITS PREMIUMS
Coverage A- Dwelling $299,000 $2,603.50 | Coverage E-Personal Liability $100,000 $0.00 __
re $2 | Coverage F- Medical Payments $1,000 —
Coverage C - - Personal Property $75, 000 EE
Coverage D- - Loss ‘of Use ° $59, 800
NOTE: The portion of your premium for hurricane coverage is: $389. 49
The portion of your premium for all other “coverages 2 $41, 043. 51
Section I Coverages Subject to a 2.0% of Coverage A- $5, 980 Hurricane Deductible Per Calendar
Year.
Section I Coverages Subject to $2, 500 All Other Perils (Non-Hurricane, Non-Sinkhole) | Deductible Per Loss. .
The Ordinance or Law Coverage amount is 25% of Coverage A- $74, 750
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT-
OF-POCKET EXPENSES TO YOU.
Flood coverage is not provided by Universal Property & Casualty Insurance | Company and i is not part of this policy.
povmrmesames Ale
Countersignature Date Chief Executive Officer
UPCIC HO DEC 15 02 20 Printed Date: 4/7/2021 4:37:12 PM 1 of 3Declaration Effective
PROPERTY
Universal Property & Casualty Insurance Company, ay ce
A Stock Company Ga UNIVERSAL
c/o Evolution Risk Advisors, Inc.
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309
06/26/2020
New Policy
Policy Number FROM Policy Period TO MORTGAGEE BILLED) Agent Code
1501-2004-2663 6/26/2020 6/26/2021 12:01 AM Standard Time AC89
Additional Interest
Mortgagee/Additional Interest 01 Mortgagee/Additional Interest 02 Mortgagee/Additional Interest 03
LAKEVIEW LOAN SERVICING LLC C/O
LOANCARE ISAOA/ATIMA
PO Box 202049
Florence, SC 29502
7440352024
Mortgagee
NUMBER EDITION
UPCIC HO3 15 05 18
UPCIC 905 15 03 18
UPCIC 801 15 12 17
UPCIC 201 15 02 18
UPCIC 601 15 12 17
Policy Forms & Endorsements Applicable to This Policy
DESCRIPTION LIMITS. PREMIUMS
Homeowners 3 Special Form $2,603.50
Outline of Your Homeowner Policy
Windstorm Protective Devices ($1,123.00)
Calendar Year Hurricane Deductible With Supplemental Reporting
Requirement - Florida
No Coverage for Home Day Care Business
Personal Property Increase/Decrease $75,000 ($74.50)
Year Built Surcharge
MGA Fee $25.00
$2.00
Emergency Management Preparedness Assistance Trust Fund
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.
UPCIC HO DEC 15 02 20
Printed Date: 4/7/2021 4:37:12 PM 20f3Universal Property & Casualty Insurance Company, ay ce
A Stock Company Dect ion Effecti UNIVERSAL
c/o Evolution Risk Advisors, Inc. eclaration Effective PROPERTY
1110 W. Commercial Bivd 96/26/2020
Fort Lauderdale, FL 33309 New Policy
THIS IS NOT A BILL
Policy Number FROM ___ Policy Period TO MORTGAGEE BILLED} Agent Code
1501-2004-2663 6/26/2020 6/26/2021 12:01 AM Standard Time AC89
PLEASE VISIT UNIVERSALPROPERTY.COM TO VIEW YOUR APPLICABLE POLICY FORMS
AND ENDORSEMENTS. LOG IN AND CLICK MY POLICIES/POLICY DETAILS OR TYPE THIS
URL INTO YOUR INTERNET BROWSER:
HTTPS://UNIVERSALPROPERTY.COM/ACCOUNT/LOGIN. YOU HAVE THE RIGHT TO
REQUEST AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR
POLICY AND ENDORSEMENTS BY CONTACTING YOUR AGENT OR CALLING CUSTOMER
SERVICE AT 1-800-425-9113.
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 ALSO 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 INSURANCE AGENT.
COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO-
PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-
POCKET EXPENSES TO YOU.
IMPORTANT: This replaces all previously issued policy declarations, if any and is subject to all forms and endorsements attached to this policy.
UPCIC HO DEC 15 02 20 Printed Date: 4/7/2021 4:37:12 PM 30f 3HOMEOWNERS
UPCIC HO3 15 05 18
HOMEOWNERS 3 — SPECIAL FORM
TABLE OF CONTENTS
GENERAL Deductible 20
A it. 3 Duties After Los: 20
Definitions Loss Settlement 21
SECTION I - PROPERTY COVERAGES
Coverage A - Dwelling
Coverage B — Other Structures
Special Limit of Liability Coverage A & B
Coverage C — Personal Property
Special Limits of Liability.
Property Not Covered
Coverage D — Loss of Use
ADDITIONAL COVERAGES
Debris Removal
Reasonable Emergency Measures
Trees, Shrubs and Other Plants .
Fire Department Service Charge
Property Removed
Credit Card, Electronic Fund Transfer Card or
Access Device, Forgery and Counterfeit Money. 11
Loss Assessment..
Collapse
Glass or Safety Glazing Material
Landlord's Furnishings
Ordinance or Law
Grave Markers ..
Catastrophic Ground Cover Collapse
“Fungi”, Wet or Dry Rot or Bacteria...
SECTION | - PERILS INSURED AGAINST
Coverage A&B
Coverage C...
SECTION I - EXCLUSIONS
Ordinance or Law......
Earth Movement
Water ..
Power Failure 19
Neglect. 19
War... 19
Nuclear Hazard.
Intentional Loss.
Governmental Actio!
Assignee(s) or Third Parties
Criminal or Illegal Activity.
“Fungi”, Wet or Dry Rot or Bacteria
Existing Damag
SECTION I - CONDITIONS
Insurable Interest and Limit of Liability
Loss to a Pair or Set.
Mediation or Appraisal
Other Insurance and Service Agreement.
Suit Against Us. 23
Our Option
Loss Payment
Abandonment of Property . 24
Mortgage Clause..
No Benefit to Bailee
Nuclear Hazard Clause
Recovered Property ....
Volcanic Eruption Period
Policy Period ....
Concealment or Fraud
Loss Payable Clause ..
Adjustment to Property Coverage Limits .
SECTION Il - LIABILITY COVERAGES
Coverage E — Personal Liability
Coverage F — Medical Payments to Others
SECTION Il - EXCLUSIONS
“Motor Vehicle Liability”
“Watercraft Liability”
“Aircraft Liability’
“Hovercraft Liability”
Coverage E & F.
Coverage E
Coverage F..
SECTION Il - ADDITIONAL COVERAGES
Claim Expenses ...
First Aid Expenses
Damage to Property of Others
Loss Assessment
SECTION Il - CONDITIONS
Limit of Liability,
Severability of Insurance
Duties After “Occurrence” .
Duties of an Injured Person — Coverage F —
Medical Payments to Others...
Payment of Claim — Coverage F — Medical
Payment to Others
Suit Against Us.
Bankruptcy of an “Insured”
Other Insurance
Policy Period ....
Concealment or Fraud
UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 34SECTION I AND Il - CONDITIONS Assignment. 33
Liberalization Clause
Waiver or Change of Policy Pt
Cancellation
Nonrenewal
rovisions Renewal Notification
Advance Notice
UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 2 of 34HOMEOWNERS
UPCIC HO3 15 05 18
HOMEOWNERS 3 — SPECIAL FORM
AGREEMENT
We will provide the insurance described in this policy
in return for the premium and compliance with all
applicable provisions of this policy.
DEFINITIONS
A. In this policy, "you" and "your" refer to the
“named insured" shown in the Declarations and
the spouse if a resident of the same household.
“We'
us" and “our" refer to the Company
providing this insurance.
B. In addition, certain words and phrases are
defined as follows:
1.
UPCIC HO3 15 05 18
"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, rental or borrowing of
such vehicle or craft by an "insured";
(2) Maintenance, occupancy, operation,
use, loading or unloading of such
vehicle or craft by any person;
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
Vicarious liability, whether or not
imposed by law, for the actions of a
child or minor involving such vehicle
or craft.
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;
Hovercraft means a_ self-propelled
motorized ground effect vehicle and
includes, but is not limited to,
flarecraft and air cushion vehicles;
Watercraft means a craft principally
designed to be propelled on or in
water by wind, engine power or
electric motor;
(3
5
(2)
(3
(4) Motor vehicle means a "motor
vehicle" as defined in 15. below; and
(5) Drone means a “drone” as defined in
5. below.
"Bodily injury" means bodily harm, sickness
or disease, including required care, loss of
services and death that results.
“Business” means:
a.
A trade, profession or occupation
engaged in on a full-time, part-time or
occasional basis;
“Home-sharing host activities”; or
Any other activity engaged in for money
or other compensation, except the
following:
(1) One or more 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;
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".
(3)
“Catastrophic ground cover collapse” means
geological activity that results in all of the
following:
a.
b.
c
The abrupt collapse of the ground cover;
A depression in the ground cover clearly
visible to the naked eye;
“Structural damage” of the “principal
building” insured under this policy,
including the foundation; and
The “principal building” or structure being
condemned and ordered to be vacated
by the governmental agency authorized
by law to issue such an order for that
“principal building”.
Damage consisting merely of the settling or
cracking of a foundation, structure, or building
Includes copyrighted materials of Insurance Services Office, Inc., with its permission.
Page 3 of 3410.
UPCIC HO3 15 05 18
does not constitute a loss resulting from a
“catastrophic ground cover collapse”.
"Catastrophic ground cover collapse"
coverage does not apply to Coverage B
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.
“Drone” means any unmanned aircraft or ship
that can navigate autonomously without
human control or beyond line of sight by way
of GPS, remote control, or on board
computer.
"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".
"Fungi" means:
a. Any type or form of fungus, including
mold or mildew; and any mycotoxins,
spores, scents or byproducts produced or
released by fungi.
b. Under Section Il, this does not include
any fungi that are in, are on, or are
contained in, a good or product intended
for consumption.
“Home-sharing host activities” means:
a. The:
(1) 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:
(1) Rental; or
(2) Mutual exchange of services;
except those property or services
provided by another party.
"Home-sharing network platform" means an
online-enabled application, web site or digital
network that:
a. Is used for the purpose of facilitating, for
money, mutual exchange of services or
other compensation, the rental of a
Includes copyrighted materials of Insurance Services Office, Inc., with its permission
dwelling or other structure, in whole or in
part; and
b. Allows for the agreement and
compensation with respect to such rental
to be transacted through such online-
enabled application, web site or digital
network.
11. "Home-sharing occupant" means a person,
other than an "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 11.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
c. 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:
(1) Your relatives; or
(2) Other persons under the age of 21
and in your care or the care of a
resident of your household who is
your relative;
b. A student enrolled in school full-time, as
defined by the school, who was a
resident of your household before moving
out to attend school, provided the student
is under the age of:
(1) 24 and your relative; or
Page 4 of 3414,
UPCIC HO3 15 05 18
(2) 21 and in your care or the care of a
resident of your household who is
your relative; or
c. Under Section Il:
(1) With respect to animals or watercraft
to which this policy applies, any
person or organization legally
responsible for these animals or
watercraft which are owned by you or
any person described in 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
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 Declarations;
or
(2) Which is acquired by you during the
policy period for your use as a
residence;
c. 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
(2
15.
16.
17.
18.
19.
20.
21.
Includes copyrighted materials of Insurance Services Office, Inc., with its permission
h. Any part of a premises occasionally
rented to an "insured" for other than
"business" use.
“Marring” means to:
a. Disfigure;
b. Deface;
c. Scar; or
d. Blemish.
"Motor vehicle" means:
a. A_ self-propelled
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".
Assault or battery is not an “occurrence,”
when committed by or at the direction of an
“insured”.
“Personal injury” means injury that arises out
of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful
entry into, or invasion of the right of
private occupancy of a room, dwelling or
premises that a person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral or written publication of material that
slanders or libels a person. or
organization or disparages a person's or
organization’s goods, products or
services; or
e. Oral or written publication of material that
violates a person's right to privacy.
“Primary structural member” means a
structural element designed to provide
support and stability for the vertical or lateral
loads of the overall structure.
“Primary structural system” means an
assemblage of “primary structural members”.
“Principal building” means the dwelling where
you reside on the “residence premises”
shown in the Declarations, including
structures attached to the dwelling. “Principal
land or amphibious
Page 5 of 3422.
23.
24,
25.
26.
UPCIC HO3 15 05 18
building” does not include any other buildings
or structures at that location.
"Property damage" means physical injury to,
destruction of, or loss 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".
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;
b. The two-family dwelling where you reside
in at least one of the family units; or
c. That part of any other building where you
reside;
and which is shown as the "residence
premises" in the Declarations.
"Residence premises" also includes other
structures and grounds at that location.
“Spalling” means the disintegration of stone
or concrete. It can be produced by a variety
of mechanisms, including as a result of:
a. Projectile impact;
Corrosion;
Weathering;
Cavitation; or
Excessive rolling pressure (as in a ball
bearing).
“Structural damage” means a_ covered
building, regardless of the date of its
construction, has experienced the following:
a. Interior floor displacement or deflection in
excess of acceptable variances as
defined in ACI 117-90 or the Florida
Building Code, which results in
settlement related damage to the interior
such that the interior building structure or
members become unfit for service or
panos
Includes copyrighted materials of Insurance Services Office, Inc., with its permission
represents a safety hazard as defined
within the Florida Building Code;
b. Foundation displacement or deflection in
excess of acceptable variances as
defined in ACI 318-95 or the Florida
Building Code, which results in
settlement-related damage to the
“primary structural members” or “primary
structural systems” that prevents those
members or systems from supporting the
loads and forces they were designed to
support to the extent that stresses in
those “primary structural members” or
“primary structural systems” exceeds one
and one-third the nominal strength
allowed under the Florida Building Code
for new buildings of similar structure,
purpose, or location;
c. Damage that results in listing, leaning, or
buckling of the exterior load-bearing walls
or other vertical “primary — structural
members” to such an extent that a plumb
line passing through the center of gravity
does not fall inside the middle one-third
of the base as defined within the Florida
Building Code;
d. Damage that results in the building, or
any portion of the building containing
“primary structural members" or “primary
structural systems”, being significantly
likely to imminently collapse because of
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.
27. “Vacant?” means the dwelling lacks the
necessary amenities, adequate furnishings,
or utilities and services to permit occupancy
as a residence.
SECTION I - PROPERTY COVERAGES
A. Coverage A - Dwelling
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 to
construct, alter or repair the dwelling or
other structures on the "residence
premises".
Page 6 of 34UPCIC HO3 15 05 18
2. We do not cover land, including land on
which the dwelling is located.
B. Coverage B - Other Structures
1. 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
d. Other structures used to store "business"
property. However, we do cover a
structure that contains "business"
property solely owned by an "insured" or
a tenant of the dwelling, provided that
"business" property does not include
gaseous or liquid fuel, other than fuel ina
permanently installed fuel tank of a
vehicle or craft parked or stored in the
structure.
3. The limit of liability for this coverage will not
be more than the amount shown in the
Declarations for Coverage B limit of liability.
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 period for
cosmetic and aesthetic damages to floors.
1. Cosmetic or aesthetic damage includes but is
not limited to:
(a) Chips;
(b) Scratches;
(c)} Dents; or
(d) Any other damage;
to less than 5% of the total floor surface area
and does not prevent typical floor use.
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 limits of liability shown in the
Declarations.
4. This limit does not apply to cosmetic or
aesthetic damage to floors caused by a Peril
Insured Against as named and described in
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 employee", while
the property is in any residence occupied
by an “insured”.
2. Limit For Property At Other Locations
Includes copyrighted materials of Insurance Services Office, Inc., with its permission
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 the “residence premises” is:
(a) Being repaired,
rebuilt; and
(b) Not fit to live in or store property
in; or
(2) In’ a newly acquired _ principal
residence for 30 days from the time
you begin to move the property there.
b. Self-storage Facilities
Our limit of liability for personal property
owned or used by an "insured" and
located in a self-storage facility is 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 the “residence premises’ is:
renovated or
(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".
Page 7 of 343. Special Limits Of Liability
The special limit for each category shown
below is the total limit for each loss for all
property in that category. These special limits
do not increase the Coverage C limit of
liability.
a. $200 on money, bank notes, bullion, gold
other than goldware, silver other than
silverware, platinum other than
platinumware, coins, medals, — scrip,
stored value cards and smart cards.
b. $1,500 on securities, accounts, deeds,
evidences of debt, letters of credit, notes
other than bank notes, manuscripts,
personal records, passports, tickets and
stamps. This dollar limit applies to these
categories regardless of the medium
(such as paper or computer software) on
which the material exists.
This limit includes the cost to research,
replace or restore the information from
the lost or damaged material.
c. $1,500 on watercraft 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.
e. $1,500 for loss by theft of jewelry,
watches, furs, precious and semiprecious
stones.
f. $2,500 for loss by theft of firearms and
related equipment.
g. $2,500 for loss by theft of silverware,
silver-plated ware, goldware, gold-plated
ware, platinumware, __ platinum-plated
ware and pewterware. This includes
flatware, hollowware, tea sets, trays and
trophies made of or including silver, gold
or pewter.
h. $2,500 on property, on the "residence
premises", used primarily for "business"
purposes.
i. $1,500 on property, away from the
"residence premises", used primarily for
"business" purposes. However, this limit
does not apply to antennas, tapes, wires,
records, disks or other media that are:
(1) Used with electronic equipment that
reproduces, receives or transmits
audio, visual or data signals; and
(2) In or upon a "motor vehicle".
i.
$1,500 on portable electronic equipment
that:
(1) Reproduces, receives or transmits
audio, visual or data signals;
(2) Is designed to be operated by more
than one power source, one of which
is a “motor vehicle's" electrical
system; and
(3) Is in or upon a "motor vehicle".
$250 for antennas, tapes, wires, records,
disks or other media that are:
(1) Used with electronic equipment that
reproduces, receives or transmits
audio, visual or data signals; and
(2) In or upon a "motor vehicle".
4. Property Not Covered
We do not cover:
a.
Articles separately described and
specifically insured, regardless of the
limit for which they are insured, in this or
other insurance;
Animals, birds or fish;
“Motor vehicles".
This includes a "motor vehicle's"
equipment and parts. However, this
Paragraph 4.c. does not apply to:
(1) Portable electronic equipment that:
(a) Reproduces, receives or
transmits audio, visual or data
signals; and
(b) Is designed so that it may be
operated from a power source
other than a "motor vehicle's"
electrical system.
(2) "Motor vehicles" not required to be
registered for use on public roads or
property which are:
(a) Used solely to service a
residence; or
(b) Designed to assist the
handicapped;
Aircraft, meaning any contrivance used
or designed for flight, including any parts
or accessories whether or not attached to
the aircraft.
We do cover model or hobby aircraft not
used or designed to carry people or
cargo;
Hovercraft and parts. Hovercraft means a
self-propelled motorized ground effect
UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 8 of 34vehicle and includes, but is not limited to,
flarecraft and air cushion vehicles;
f. “Drones”, including any parts or
accessories attached to the “drone”;
g. Property of:
(1) 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 roomers
and boarders related to an "insured";
h. Property in:
(1) A space while rented or primarily
held for rental to a “home-sharing
occupant”; or
(2) An apartment regularly rented or held
for rental to others by an "insured",
except as provided in F.10.
Landlord's Furnishings under Section
1— Property Coverages;
i. Property used primarily for “home-
sharing host activities”;
j. Property rented or held for rental to
others off the "residence premises";
k. "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;
|. Credit cards, electronic fund transfer
cards or access devices used solely for
deposit, withdrawal or transfer of funds
except as provided in F.6. Credit Card,
Electronic Fund Transfer Card Or Access
Device, Forgery And Counterfeit Money
under Section | — Property Coverages; or
m. 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.
UPCIC HO3 15 05 18
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 the
Additional Living Expense, meaning any
necessary increase in living expenses
incurred by you so that your household can
maintain its normal standard of living.
Payment will be for the shortest time required
to repair or replace the damage or, if you
permanently relocate, the shortest time
required for your household to settle
elsewhere.
2. Fair Rental Value
If a loss covered under Section | makes that
part of the "residence premises" rented to
others or held for rental by you not fit to live
in, we cover the fair rental value of such
premises less any expenses that do not
continue while it is not fit to live in.
However, we do not cover any fair rental
value arising out of or in connection with
“home-sharing host activities”.
Payment will be for the shortest time required
to repair or replace such premises.
3. Civil Authority Prohibits Use
If a civil authority prohibits you from use of
the "residence premises" as a result of direct
damage to neighboring premises by a Peril
Insured Against, we cover the loss as
provided in 1. Additional Living Expense and
2. Fair Rental Value above for no more than
two weeks.
4, Loss Or Expense Not Covered
We do not cover loss or expense due to
cancellation of a lease or agreement.
The periods of time under 1. Additional Living
Expense, 2. Fair Rental Value and 3. Civil
Authority Prohibits Use above are not limited by
expiration of this policy.
F. Additional Coverages
1. Debris Removal
a. We will pay your reasonable expense for
the removal of:
(1) Debris of covered property if a Peril
Insured Against that applies to the
damaged property causes the loss;
or
(2) Ash, dust or particles from a volcanic
eruption that has caused direct loss
to a building or property contained in
a building.
This expense is included in the limit of
liability that applies to the damaged
property. If the amount to be paid for the
actual damage to the property plus the
debris removal expense is more than the
limit of liability for the damaged property,
Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 9 of 34UPCIC HO3 15 05 18
an additional 5% of that limit is available
for such expense.
b. We will also pay your reasonable
expense, up to $1,000, for the removal
from the "residence premises" of:
(1) Your trees felled by the peril of
Windstorm or Hail or Weight of Ice,
Snow or Sleet; or
(2) A neighbor's trees felled by a Peril
Insured Against under Coverage C;
provided the trees:
(3) Damage a covered structure; or
(4) Do not damage a covered structure,
but:
(a) Block a driveway on the
"residence premises" — which
prevents a "motor vehicle", that is
registered for use on public roads
or property, from entering or
leaving the "residence premises";
or
(b) Block a ramp or other fixture
designed to assist a handicapped
person to enter or leave the
dwelling.
The $1,000 limit is the most we will pay in
any one loss, regardless of the number of
fallen trees. No more than $500 of this limit
will be paid for the removal of any one tree.
This coverage is additional insurance.
2. Reasonable Emergency Measures
a. We will pay up to the greater of $3,000 or
1% of your Coverage A limit of liability for
the reasonable costs incurred by you for
necessary measures taken solely to
protect covered property from further
damage, when the damage or loss is
caused by a Peril Insured Against.
b. We will not pay more than the amount in
a. above, unless we provide you approval
within 48 hours of your request to us to
exceed the limit in a. above. In such
circumstance, we will pay only up to the
additional amount for the measures we
authorize.
If we fail to respond to you within 48
hours of your request to us and the
damage or loss is caused by a Peril
Insured Against, you may exceed the
amount in a. above only up to the cost
incurred by you for the reasonable
emergency measures necessary to
protect the covered property from further
damage.
c. If, however, form UPCIC 201 15 is a part
of your policy and a covered loss occurs
during a “hurricane occurrence’, the
amount we pay under this additional
coverage is not limited to the amount in
a. above.
d. A reasonable measure under this
Additional Coverage may include a
permanent repair when necessary to
protect the covered property from further
damage or to prevent unwanted entry to
the property. To the degree reasonably
possible, the damaged property must be
retained for us to inspect.
e. This coverage does not:
(1) Increase the limit of liability that
applies to the covered property; or
(2) Relieve you of your duties, in case of
a loss to covered property, as set
forth in Section I — Condition C.
(3) Pay for property not covered, or for
repairs resulting from a peril not
covered, or for loss excluded from
this Policy.
Trees, Shrubs And Other Plants
We cover trees, shrubs, plants or lawns, on
the "residence premises", for loss caused by
the following Perils Insured Against:
a. Fire or Lightning;
Explosion;
Riot or Civil Commotion;
Aircraft;
Vehicles not owned or operated by a
resident of the "residence premises";
f. Vandalism or Malicious Mischief; or
g. Theft.
We will pay up to 5% of the limit of liability
that applies to the dwelling for all trees,
shrubs, plants or lawns. No more than $500
of this limit will be paid for any one tree,
shrub or plant. We do not cover property
grown for "business" purposes.
This coverage is additional insurance.
Fire Department Service Charge
We will pay up to $500 for your liability
assumed by contract or agreement for fire
department charges incurred when the fire
department is called to save or protect
covered property from a Peril Insured
Against. We do not cover fire department
service charges if the property is located
within the limits of the city, municipality or
e@aogs
Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 10 of 34UPCIC HO3 15 05 18
protection district furnishing the fire
department response.
This coverage is additional insurance. No
deductible applies to this coverage.
Property Removed
We insure covered property against direct
loss from any cause while being removed
from a premises endangered by a Peril
Insured Against and for no more than 30
days while removed.
This coverage does not change the limit of
liability that applies to the property being
removed.
Credit Card, Electronic Fund Transfer
Card Or Access Device, Forgery And
Counterfeit Money
a. Wewill pay up to $500 for:
(1) The legal obligation of an "insured" to
pay because of the theft or
unauthorized use of credit cards
issued to or registered in an
“insured's" name;
(2) Loss resulting from theft or
unauthorized use of an electronic
fund transfer card or access device
used for deposit, withdrawal or
transfer of funds, issued to or
registered in an "insured's" name;
(3) Loss to an "insured" caused by
forgery or alteration of any check or
negotiable instrument; and
(4) Loss to an "insured" through
acceptance in good faith of
counterfeit United States or
Canadian paper currency.
All loss resulting from a series of acts
committed by any one person or in which
any one person is concerned or
implicated is considered to be one loss.
This coverage is additional insurance. No
deductible applies to this coverage.
b. We do not cover:
(1) Use of a credit card, electronic fund
transfer card or access device:
(a) By a resident of your household;
(b) By a person who has been
entrusted with either type of card
or access device; or
(c) If an "insured" has not complied
with all terms and conditions
under which the cards are issued
or the devices accessed; or
(2) Loss arising out of "business" use or
dishonesty of an "insured".
c. If the coverage in a. above applies, the
following defense provisions also apply:
(1) We may investigate and settle any
claim or suit that we decide is
appropriate. Our duty to defend a
claim or suit ends when the amount
we pay for the loss equals our limit of
liability.
(2) If a suit is brought against an
"insured" for liability under a.(1) or (2)
above, we will provide a defense at
our expense by counsel of our
choice.
(3) We have the option to defend at our
expense an "insured" or an
"insured's" bank against any suit for
the enforcement of payment under
a.(3) above.
7. Loss Assessment
a. We will pay up to $1,000 for your share
of loss assessment charged during the
policy period against you, as owner or
tenant of the "residence premises", by a
corporation or association of property
owners. The assessment must be made
as a result of direct loss to property,
owned by all members collectively, of the
type that would be covered by this policy
if owned by you, caused by a Peril
Insured Against under Coverage A, other
than:
(1) Earthquake; or
(2) Land shock waves or tremors before,
during or after a volcanic eruption.
The limit of $1,000 is the most we will
pay with respect to any one loss,
regardless of the number of
assessments. We will only apply one
deductible, per unit, to the total amount of
any one loss to the property described
above, regardless of the number of
assessments.
b. We do not cover assessments charged
against you or a corporation or
association of property owners by any
governmental body.
c. Paragraph Q. Policy Period under
Section | — Conditions does not apply to
this coverage.
This coverage is additional insurance.
Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 11 of 348. Collapse
a. The coverage provided under this
Additional Coverage — Collapse applies
only to an abrupt collapse.
For the purpose of this Additional
Coverage — Collapse, abrupt collapse
means an abrupt falling down or caving
in of a building or any part of a building
with the result that the building or part of
the building cannot be occupied for its
intended purpose.
This Additional Coverage - Collapse
does not apply to:
(1) A building or any part of a building
that is in danger of falling down or
caving in;
(2) A building or any part of a building
that is standing, even if it has
separated from another part of the
building;
A building or any part of a building
that is standing, even if it shows
evidence of “spalling”, crumbling,
settling, cracking, shifting, bulging,
racking, sagging, bowing, bending,
leaning, shrinkage or expansion; or
The plumbing system, or any part of
the plumbing system, whether above
or below the ground, when the
plumbing system or any part of the
plumbing system is:
(a) Collapsed;
(b) In danger of collapsing or caving
in; or
(c)} Separated from another part of
the system;
due to:
(a) Age, obsolescence, wear, tear;
(b) Fading, oxidization, weathering;
(c) Deterioration, decay, marring,
delamination, crumbling, settling,
cracking;
(d) Shifting, bulging, racking,
sagging, bowing, bending,
(3
(4
leaning;
(e) Shrinkage, expansion,
contraction, bellying, corrosion;
or
(f) any other age or maintenance
related issue.
building’s plumbing system damaged by
an abrupt collapse of a covered building,
or abrupt collapse of any part of a
covered building.
We insure for direct physical loss to
covered property involving abrupt
collapse of a building or any part of a
building if such collapse was caused by
one or more of the following:
(1) The Perils Insured Against named
under Coverage C -— Personal
Property;
(2) Decay, of a building or any part of a
building, that is hidden from view,
unless the presence of such decay is
known to an "insured" prior to
collapse;
However, d.(2) above does not
provide coverage for a plumbing
system or any part of a plumbing
system resulting from decay as
described in 8.c.(4) above;
(3) Insect or vermin damage, to a
building or any part of a building, that
is hidden from view, unless the
presence of such damage is known
to an "insured" prior to collapse;
Weight of contents, equipment,
animals or people;
Weight of rain which collects on a
roof; or
Use of defective material or methods
in construction, remodeling or
renovation if the collapse occurs
during the course of the construction,
remodeling or renovation.
Loss to a:
(1) Fence, awning, patio, deck,
pavement;
(2) Swimming pool, underground pipe,
flue, drain, cesspool;
(3) Foundation, retaining wall, bulkhead,
pier, wharf or dock;
(4) Cistern, plumbing system, or any part
of a plumbing
Preview
Filing # 132893705 E-Filed 08/18/2021 09:04:33 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NUMBER: EDGAR B RODRIGUEZ CALDERON, Plaintiff, vs. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant, / COMPLAINT AND DEMAND FOR JURY TRIAL COMES NOW, the Plaintiff, EDGAR B RODRIGUEZ CALDERON, by and through the undersigned attorney and hereby brings the foregoing breach of contract lawsuit against the Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter “UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY” or “Defendant”), and states the following in support of: 1. At all material times, Plaintiff, EDGAR B RODRIGUEZ CALDERON, is an individual who resides and holds his place of residence in Osceola County, Florida. 2. At all material times, Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, was and is a Florida corporation and duly licensed to transact business in Osceola County, Florida. 3. Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, does business, has offices, and/or maintained agents for the transaction of its customary business in Osceola County, Florida.4. The insurance policy at issue was written and issued by Defendant in the State of Florida. See copy of the subject insurance policy is attached hereto as Exhibit “A.” 5. Plaintiff, EDGAR B RODRIGUEZ CALDERON, is a named insured(s) under the subject policy of insurance. 6. Plaintiff, EDGAR B RODRIGUEZ CALDERON, sought and purchased the subject insurance policy from Defendant to cover real property and dwelling located at 3005 VILLA PRECIOSA DR Kissimmee, FL 34744. 7. On or about June 20, 2020, Plaintiff sustained covered wind driven rain damage to the insured dwelling. 8. Plaintiff notified Defendant of the loss and allowed Defendant onto the subject property to perform all necessary inspections and evaluations of the loss. 9. Defendant issued various payments, but the payments were NOT sufficient to make Plaintiff whole for the loss. 10. Accordingly, Defendant has failed to properly indemnify Plaintiff for loss that was sustained at the subject property. 11. The foregoing action is related to Defendant’s failure to indemnify Plaintiff for the reasonable value to restore the insured property to its pre-loss condition. COUNT 1 - BREACH OF CONTRACT 12. Plaintiff re-alleges paragraphs 1-11 and incorporate the same by reference herein. 13. This count is for breach of contract, with damages that exceed Thirty Thousand Dollars ($30,000.00), exclusive of interest, and attorney’s fees and costs.14. Plaintiff, EDGAR B RODRIGUEZ CALDERON, purchased a property and casualty insurance policy from Defendant, which was in full force and effect as of June 20, 2020, when the subject property was damaged as a result of wind driven rain. 5. Upon proper notification of Defendant, the loss was assigned claim #FL21- 0113003-N820 to identify the claim. 6. Plaintiff has complied with all conditions under the policy or the conditions have been waived. 7. Jurisdiction and Venue are proper in Osceola County, Florida. 8. Despite demand for payment, Defendant has failed to indemnify Plaintiff for a covered loss; moreover, Defendant has failed to put Plaintiffs’ insured property in its pre-loss condition as required by the subject insurance contract and Florida Statute. 19. Defendant’s failure and/or refusal to reimburse Plaintiffs and place their home and personal property in its pre-loss condition amounts to a breach of contract. 20. Plaintiff has been damaged as a result of Defendant’s breach of contract — specifically, in the form of insurance proceeds that have NOT been paid, including but not limited to statutory interest and reasonable attorney’s fees and costs. 21. Plaintiff has been and remains fully prepared to comply with the obligations and duties required by the subject insurance policy. 22. As a result of Defendant’s breach of contract, it has become necessary that the Plaintiff retain the services of the undersigned attorney. Plaintiff is obligated to pay a reasonable fee for the undersigned attorney’s services in bringing this action. 23. Plaintiff is entitled to recovered attorney’s fees and costs pursuant to Fla. Stat. 627.428.WHEREFORE, Plaintiff, EDGAR B RODRIGUEZ CALDERON, demands judgement against Defendant for all monies outstanding, plus interest on any repairs necessary to place the subject dwelling in its pre-loss condition, plus attorney’s fees and costs pursuant to Fla. Stat. 627.428. Dated: August 18, 2021 Qe, Paul T. Zeniewicz, Esquire Florida Bar Number: 0094715 PZ Law Firm, P.A. 611 North Hyer Avenue Orlando, Florida 32803 Phone: (407) 500-3979 Fax: (407) 386-7980 Primary: paulz@pzlawfirm.com Secondary: ashley@pzlawfirm.com Attorney for PlaintiffExhibit “A”Universal Property & Casualty Insurance Company, A Stock Company c/o Evolution Risk Advisors, Inc. 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 Homeowners @S UNIVERSAL Declaration Effective PROPERTY 06/26/2020 1 GASUALIVINSURASCY COMPANY New Policy THIS IS NOT A BILL For Policy or Claims Questions Contact Your Agent Listed Below FROM __Policy Period TO MORTGAGEE BILLED} Agent Code 6/26/2020 6/26/2021 12:01 AM Standard Time Policy Number 1501-2004-2663 Named Insured and Address Agent Name and Address EDGAR B RODRIGUEZ CALDERON Alex Insurance Agency 3005 VILLA PRECIOSA DR 6 Broadway Ave. Kissimmee, FL 34744 Kissimmee, FL 34741 (321) 305-2807 (407) 847-2539 Insured Location 3005 VILLA PRECIOSA DR KISSIMMEE, FL 34744 OSCEOLA COUNTY Premium Summary Basic Coverages Attached Endorsements Total Policy Premium Premium Premium Assessments / Surcharges MGA Fees/Policy Fees _ (Including Assessments & Surcharges) $2,603.50 ($1,197.50) $0.00 $27.00 $1,433.00 Rating Information Townhouse/ Number of Protection Form Construction Year Rowhouse Families Occupied Class Territory BCEG HO3 Masonry 2004 N 1 Y 3 541 4 Dwelling Personal Property Protective Device Credits: County Replacement Cost Replacement Cost Burglar Fire Sprinkler OSCEOLA Y N N N N We will provide the i insurance ‘described in this policy i in. ‘retum for the premium and compliance with all applicable provisions — of this policy. For renewals: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to the end of the current policy period or else this policy will expire. Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the conditions of this policy. oe ce ee . . COVERAGES - SECTION I LIMITS PREMIUMS COVERAGES - SECTION LIMITS PREMIUMS Coverage A- Dwelling $299,000 $2,603.50 | Coverage E-Personal Liability $100,000 $0.00 __ re $2 | Coverage F- Medical Payments $1,000 — Coverage C - - Personal Property $75, 000 EE Coverage D- - Loss ‘of Use ° $59, 800 NOTE: The portion of your premium for hurricane coverage is: $389. 49 The portion of your premium for all other “coverages 2 $41, 043. 51 Section I Coverages Subject to a 2.0% of Coverage A- $5, 980 Hurricane Deductible Per Calendar Year. Section I Coverages Subject to $2, 500 All Other Perils (Non-Hurricane, Non-Sinkhole) | Deductible Per Loss. . The Ordinance or Law Coverage amount is 25% of Coverage A- $74, 750 THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT- OF-POCKET EXPENSES TO YOU. Flood coverage is not provided by Universal Property & Casualty Insurance | Company and i is not part of this policy. povmrmesames Ale Countersignature Date Chief Executive Officer UPCIC HO DEC 15 02 20 Printed Date: 4/7/2021 4:37:12 PM 1 of 3Declaration Effective PROPERTY Universal Property & Casualty Insurance Company, ay ce A Stock Company Ga UNIVERSAL c/o Evolution Risk Advisors, Inc. 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 06/26/2020 New Policy Policy Number FROM Policy Period TO MORTGAGEE BILLED) Agent Code 1501-2004-2663 6/26/2020 6/26/2021 12:01 AM Standard Time AC89 Additional Interest Mortgagee/Additional Interest 01 Mortgagee/Additional Interest 02 Mortgagee/Additional Interest 03 LAKEVIEW LOAN SERVICING LLC C/O LOANCARE ISAOA/ATIMA PO Box 202049 Florence, SC 29502 7440352024 Mortgagee NUMBER EDITION UPCIC HO3 15 05 18 UPCIC 905 15 03 18 UPCIC 801 15 12 17 UPCIC 201 15 02 18 UPCIC 601 15 12 17 Policy Forms & Endorsements Applicable to This Policy DESCRIPTION LIMITS. PREMIUMS Homeowners 3 Special Form $2,603.50 Outline of Your Homeowner Policy Windstorm Protective Devices ($1,123.00) Calendar Year Hurricane Deductible With Supplemental Reporting Requirement - Florida No Coverage for Home Day Care Business Personal Property Increase/Decrease $75,000 ($74.50) Year Built Surcharge MGA Fee $25.00 $2.00 Emergency Management Preparedness Assistance Trust Fund 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. UPCIC HO DEC 15 02 20 Printed Date: 4/7/2021 4:37:12 PM 20f3Universal Property & Casualty Insurance Company, ay ce A Stock Company Dect ion Effecti UNIVERSAL c/o Evolution Risk Advisors, Inc. eclaration Effective PROPERTY 1110 W. Commercial Bivd 96/26/2020 Fort Lauderdale, FL 33309 New Policy THIS IS NOT A BILL Policy Number FROM ___ Policy Period TO MORTGAGEE BILLED} Agent Code 1501-2004-2663 6/26/2020 6/26/2021 12:01 AM Standard Time AC89 PLEASE VISIT UNIVERSALPROPERTY.COM TO VIEW YOUR APPLICABLE POLICY FORMS AND ENDORSEMENTS. LOG IN AND CLICK MY POLICIES/POLICY DETAILS OR TYPE THIS URL INTO YOUR INTERNET BROWSER: HTTPS://UNIVERSALPROPERTY.COM/ACCOUNT/LOGIN. YOU HAVE THE RIGHT TO REQUEST AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR POLICY AND ENDORSEMENTS BY CONTACTING YOUR AGENT OR CALLING CUSTOMER SERVICE AT 1-800-425-9113. 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 ALSO 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 INSURANCE AGENT. COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO- PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF- POCKET EXPENSES TO YOU. IMPORTANT: This replaces all previously issued policy declarations, if any and is subject to all forms and endorsements attached to this policy. UPCIC HO DEC 15 02 20 Printed Date: 4/7/2021 4:37:12 PM 30f 3HOMEOWNERS UPCIC HO3 15 05 18 HOMEOWNERS 3 — SPECIAL FORM TABLE OF CONTENTS GENERAL Deductible 20 A it. 3 Duties After Los: 20 Definitions Loss Settlement 21 SECTION I - PROPERTY COVERAGES Coverage A - Dwelling Coverage B — Other Structures Special Limit of Liability Coverage A & B Coverage C — Personal Property Special Limits of Liability. Property Not Covered Coverage D — Loss of Use ADDITIONAL COVERAGES Debris Removal Reasonable Emergency Measures Trees, Shrubs and Other Plants . Fire Department Service Charge Property Removed Credit Card, Electronic Fund Transfer Card or Access Device, Forgery and Counterfeit Money. 11 Loss Assessment.. Collapse Glass or Safety Glazing Material Landlord's Furnishings Ordinance or Law Grave Markers .. Catastrophic Ground Cover Collapse “Fungi”, Wet or Dry Rot or Bacteria... SECTION | - PERILS INSURED AGAINST Coverage A&B Coverage C... SECTION I - EXCLUSIONS Ordinance or Law...... Earth Movement Water .. Power Failure 19 Neglect. 19 War... 19 Nuclear Hazard. Intentional Loss. Governmental Actio! Assignee(s) or Third Parties Criminal or Illegal Activity. “Fungi”, Wet or Dry Rot or Bacteria Existing Damag SECTION I - CONDITIONS Insurable Interest and Limit of Liability Loss to a Pair or Set. Mediation or Appraisal Other Insurance and Service Agreement. Suit Against Us. 23 Our Option Loss Payment Abandonment of Property . 24 Mortgage Clause.. No Benefit to Bailee Nuclear Hazard Clause Recovered Property .... Volcanic Eruption Period Policy Period .... Concealment or Fraud Loss Payable Clause .. Adjustment to Property Coverage Limits . SECTION Il - LIABILITY COVERAGES Coverage E — Personal Liability Coverage F — Medical Payments to Others SECTION Il - EXCLUSIONS “Motor Vehicle Liability” “Watercraft Liability” “Aircraft Liability’ “Hovercraft Liability” Coverage E & F. Coverage E Coverage F.. SECTION Il - ADDITIONAL COVERAGES Claim Expenses ... First Aid Expenses Damage to Property of Others Loss Assessment SECTION Il - CONDITIONS Limit of Liability, Severability of Insurance Duties After “Occurrence” . Duties of an Injured Person — Coverage F — Medical Payments to Others... Payment of Claim — Coverage F — Medical Payment to Others Suit Against Us. Bankruptcy of an “Insured” Other Insurance Policy Period .... Concealment or Fraud UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 34SECTION I AND Il - CONDITIONS Assignment. 33 Liberalization Clause Waiver or Change of Policy Pt Cancellation Nonrenewal rovisions Renewal Notification Advance Notice UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 2 of 34HOMEOWNERS UPCIC HO3 15 05 18 HOMEOWNERS 3 — SPECIAL FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS A. In this policy, "you" and "your" refer to the “named insured" shown in the Declarations and the spouse if a resident of the same household. “We' us" and “our" refer to the Company providing this insurance. B. In addition, certain words and phrases are defined as follows: 1. UPCIC HO3 15 05 18 "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, rental or borrowing of such vehicle or craft by an "insured"; (2) Maintenance, occupancy, operation, use, loading or unloading of such vehicle or craft by any person; 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 Vicarious liability, whether or not imposed by law, for the actions of a child or minor involving such vehicle or craft. 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; Hovercraft means a_ self-propelled motorized ground effect vehicle and includes, but is not limited to, flarecraft and air cushion vehicles; Watercraft means a craft principally designed to be propelled on or in water by wind, engine power or electric motor; (3 5 (2) (3 (4) Motor vehicle means a "motor vehicle" as defined in 15. below; and (5) Drone means a “drone” as defined in 5. below. "Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death that results. “Business” means: a. A trade, profession or occupation engaged in on a full-time, part-time or occasional basis; “Home-sharing host activities”; or Any other activity engaged in for money or other compensation, except the following: (1) One or more 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; 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". (3) “Catastrophic ground cover collapse” means geological activity that results in all of the following: a. b. c The abrupt collapse of the ground cover; A depression in the ground cover clearly visible to the naked eye; “Structural damage” of the “principal building” insured under this policy, including the foundation; and The “principal building” or structure being condemned and ordered to be vacated by the governmental agency authorized by law to issue such an order for that “principal building”. Damage consisting merely of the settling or cracking of a foundation, structure, or building Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 3 of 3410. UPCIC HO3 15 05 18 does not constitute a loss resulting from a “catastrophic ground cover collapse”. "Catastrophic ground cover collapse" coverage does not apply to Coverage B 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. “Drone” means any unmanned aircraft or ship that can navigate autonomously without human control or beyond line of sight by way of GPS, remote control, or on board computer. "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". "Fungi" means: a. Any type or form of fungus, including mold or mildew; and any mycotoxins, spores, scents or byproducts produced or released by fungi. b. Under Section Il, this does not include any fungi that are in, are on, or are contained in, a good or product intended for consumption. “Home-sharing host activities” means: a. The: (1) 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: (1) Rental; or (2) Mutual exchange of services; except those property or services provided by another party. "Home-sharing network platform" means an online-enabled application, web site or digital network that: a. Is used for the purpose of facilitating, for money, mutual exchange of services or other compensation, the rental of a Includes copyrighted materials of Insurance Services Office, Inc., with its permission dwelling or other structure, in whole or in part; and b. Allows for the agreement and compensation with respect to such rental to be transacted through such online- enabled application, web site or digital network. 11. "Home-sharing occupant" means a person, other than an "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 11.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 c. 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: (1) Your relatives; or (2) Other persons under the age of 21 and in your care or the care of a resident of your household who is your relative; b. A student enrolled in school full-time, as defined by the school, who was a resident of your household before moving out to attend school, provided the student is under the age of: (1) 24 and your relative; or Page 4 of 3414, UPCIC HO3 15 05 18 (2) 21 and in your care or the care of a resident of your household who is your relative; or c. Under Section Il: (1) With respect to animals or watercraft to which this policy applies, any person or organization legally responsible for these animals or watercraft which are owned by you or any person described in 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 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 Declarations; or (2) Which is acquired by you during the policy period for your use as a residence; c. 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 (2 15. 16. 17. 18. 19. 20. 21. Includes copyrighted materials of Insurance Services Office, Inc., with its permission h. Any part of a premises occasionally rented to an "insured" for other than "business" use. “Marring” means to: a. Disfigure; b. Deface; c. Scar; or d. Blemish. "Motor vehicle" means: a. A_ self-propelled 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". Assault or battery is not an “occurrence,” when committed by or at the direction of an “insured”. “Personal injury” means injury that arises out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person. or organization or disparages a person's or organization’s goods, products or services; or e. Oral or written publication of material that violates a person's right to privacy. “Primary structural member” means a structural element designed to provide support and stability for the vertical or lateral loads of the overall structure. “Primary structural system” means an assemblage of “primary structural members”. “Principal building” means the dwelling where you reside on the “residence premises” shown in the Declarations, including structures attached to the dwelling. “Principal land or amphibious Page 5 of 3422. 23. 24, 25. 26. UPCIC HO3 15 05 18 building” does not include any other buildings or structures at that location. "Property damage" means physical injury to, destruction of, or loss 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". 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; b. The two-family dwelling where you reside in at least one of the family units; or c. That part of any other building where you reside; and which is shown as the "residence premises" in the Declarations. "Residence premises" also includes other structures and grounds at that location. “Spalling” means the disintegration of stone or concrete. It can be produced by a variety of mechanisms, including as a result of: a. Projectile impact; Corrosion; Weathering; Cavitation; or Excessive rolling pressure (as in a ball bearing). “Structural damage” means a_ covered building, regardless of the date of its construction, has experienced the following: a. Interior floor displacement or deflection in excess of acceptable variances as defined in ACI 117-90 or the Florida Building Code, which results in settlement related damage to the interior such that the interior building structure or members become unfit for service or panos Includes copyrighted materials of Insurance Services Office, Inc., with its permission represents a safety hazard as defined within the Florida Building Code; b. Foundation displacement or deflection in excess of acceptable variances as defined in ACI 318-95 or the Florida Building Code, which results in settlement-related damage to the “primary structural members” or “primary structural systems” that prevents those members or systems from supporting the loads and forces they were designed to support to the extent that stresses in those “primary structural members” or “primary structural systems” exceeds one and one-third the nominal strength allowed under the Florida Building Code for new buildings of similar structure, purpose, or location; c. Damage that results in listing, leaning, or buckling of the exterior load-bearing walls or other vertical “primary — structural members” to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base as defined within the Florida Building Code; d. Damage that results in the building, or any portion of the building containing “primary structural members" or “primary structural systems”, being significantly likely to imminently collapse because of 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. 27. “Vacant?” means the dwelling lacks the necessary amenities, adequate furnishings, or utilities and services to permit occupancy as a residence. SECTION I - PROPERTY COVERAGES A. Coverage A - Dwelling 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 to construct, alter or repair the dwelling or other structures on the "residence premises". Page 6 of 34UPCIC HO3 15 05 18 2. We do not cover land, including land on which the dwelling is located. B. Coverage B - Other Structures 1. 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 d. Other structures used to store "business" property. However, we do cover a structure that contains "business" property solely owned by an "insured" or a tenant of the dwelling, provided that "business" property does not include gaseous or liquid fuel, other than fuel ina permanently installed fuel tank of a vehicle or craft parked or stored in the structure. 3. The limit of liability for this coverage will not be more than the amount shown in the Declarations for Coverage B limit of liability. 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 period for cosmetic and aesthetic damages to floors. 1. Cosmetic or aesthetic damage includes but is not limited to: (a) Chips; (b) Scratches; (c)} Dents; or (d) Any other damage; to less than 5% of the total floor surface area and does not prevent typical floor use. 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 limits of liability shown in the Declarations. 4. This limit does not apply to cosmetic or aesthetic damage to floors caused by a Peril Insured Against as named and described in 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 employee", while the property is in any residence occupied by an “insured”. 2. Limit For Property At Other Locations Includes copyrighted materials of Insurance Services Office, Inc., with its permission 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 the “residence premises” is: (a) Being repaired, rebuilt; and (b) Not fit to live in or store property in; or (2) In’ a newly acquired _ principal residence for 30 days from the time you begin to move the property there. b. Self-storage Facilities Our limit of liability for personal property owned or used by an "insured" and located in a self-storage facility is 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 the “residence premises’ is: renovated or (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". Page 7 of 343. Special Limits Of Liability The special limit for each category shown below is the total limit for each loss for all property in that category. These special limits do not increase the Coverage C limit of liability. a. $200 on money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum other than platinumware, coins, medals, — scrip, stored value cards and smart cards. b. $1,500 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, personal records, passports, tickets and stamps. This dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the material exists. This limit includes the cost to research, replace or restore the information from the lost or damaged material. c. $1,500 on watercraft 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. e. $1,500 for loss by theft of jewelry, watches, furs, precious and semiprecious stones. f. $2,500 for loss by theft of firearms and related equipment. g. $2,500 for loss by theft of silverware, silver-plated ware, goldware, gold-plated ware, platinumware, __ platinum-plated ware and pewterware. This includes flatware, hollowware, tea sets, trays and trophies made of or including silver, gold or pewter. h. $2,500 on property, on the "residence premises", used primarily for "business" purposes. i. $1,500 on property, away from the "residence premises", used primarily for "business" purposes. However, this limit does not apply to antennas, tapes, wires, records, disks or other media that are: (1) Used with electronic equipment that reproduces, receives or transmits audio, visual or data signals; and (2) In or upon a "motor vehicle". i. $1,500 on portable electronic equipment that: (1) Reproduces, receives or transmits audio, visual or data signals; (2) Is designed to be operated by more than one power source, one of which is a “motor vehicle's" electrical system; and (3) Is in or upon a "motor vehicle". $250 for antennas, tapes, wires, records, disks or other media that are: (1) Used with electronic equipment that reproduces, receives or transmits audio, visual or data signals; and (2) In or upon a "motor vehicle". 4. Property Not Covered We do not cover: a. Articles separately described and specifically insured, regardless of the limit for which they are insured, in this or other insurance; Animals, birds or fish; “Motor vehicles". This includes a "motor vehicle's" equipment and parts. However, this Paragraph 4.c. does not apply to: (1) Portable electronic equipment that: (a) Reproduces, receives or transmits audio, visual or data signals; and (b) Is designed so that it may be operated from a power source other than a "motor vehicle's" electrical system. (2) "Motor vehicles" not required to be registered for use on public roads or property which are: (a) Used solely to service a residence; or (b) Designed to assist the handicapped; Aircraft, meaning any contrivance used or designed for flight, including any parts or accessories whether or not attached to the aircraft. We do cover model or hobby aircraft not used or designed to carry people or cargo; Hovercraft and parts. Hovercraft means a self-propelled motorized ground effect UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 8 of 34vehicle and includes, but is not limited to, flarecraft and air cushion vehicles; f. “Drones”, including any parts or accessories attached to the “drone”; g. Property of: (1) 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 roomers and boarders related to an "insured"; h. Property in: (1) A space while rented or primarily held for rental to a “home-sharing occupant”; or (2) An apartment regularly rented or held for rental to others by an "insured", except as provided in F.10. Landlord's Furnishings under Section 1— Property Coverages; i. Property used primarily for “home- sharing host activities”; j. Property rented or held for rental to others off the "residence premises"; k. "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; |. Credit cards, electronic fund transfer cards or access devices used solely for deposit, withdrawal or transfer of funds except as provided in F.6. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money under Section | — Property Coverages; or m. 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. UPCIC HO3 15 05 18 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 the Additional Living Expense, meaning any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living. Payment will be for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle elsewhere. 2. Fair Rental Value If a loss covered under Section | makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the fair rental value of such premises less any expenses that do not continue while it is not fit to live in. However, we do not cover any fair rental value arising out of or in connection with “home-sharing host activities”. Payment will be for the shortest time required to repair or replace such premises. 3. Civil Authority Prohibits Use If a civil authority prohibits you from use of the "residence premises" as a result of direct damage to neighboring premises by a Peril Insured Against, we cover the loss as provided in 1. Additional Living Expense and 2. Fair Rental Value above for no more than two weeks. 4, Loss Or Expense Not Covered We do not cover loss or expense due to cancellation of a lease or agreement. The periods of time under 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use above are not limited by expiration of this policy. F. Additional Coverages 1. Debris Removal a. We will pay your reasonable expense for the removal of: (1) Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or (2) Ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a building. This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged property, Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 9 of 34UPCIC HO3 15 05 18 an additional 5% of that limit is available for such expense. b. We will also pay your reasonable expense, up to $1,000, for the removal from the "residence premises" of: (1) Your trees felled by the peril of Windstorm or Hail or Weight of Ice, Snow or Sleet; or (2) A neighbor's trees felled by a Peril Insured Against under Coverage C; provided the trees: (3) Damage a covered structure; or (4) Do not damage a covered structure, but: (a) Block a driveway on the "residence premises" — which prevents a "motor vehicle", that is registered for use on public roads or property, from entering or leaving the "residence premises"; or (b) Block a ramp or other fixture designed to assist a handicapped person to enter or leave the dwelling. The $1,000 limit is the most we will pay in any one loss, regardless of the number of fallen trees. No more than $500 of this limit will be paid for the removal of any one tree. This coverage is additional insurance. 2. Reasonable Emergency Measures a. We will pay up to the greater of $3,000 or 1% of your Coverage A limit of liability for the reasonable costs incurred by you for necessary measures taken solely to protect covered property from further damage, when the damage or loss is caused by a Peril Insured Against. b. We will not pay more than the amount in a. above, unless we provide you approval within 48 hours of your request to us to exceed the limit in a. above. In such circumstance, we will pay only up to the additional amount for the measures we authorize. If we fail to respond to you within 48 hours of your request to us and the damage or loss is caused by a Peril Insured Against, you may exceed the amount in a. above only up to the cost incurred by you for the reasonable emergency measures necessary to protect the covered property from further damage. c. If, however, form UPCIC 201 15 is a part of your policy and a covered loss occurs during a “hurricane occurrence’, the amount we pay under this additional coverage is not limited to the amount in a. above. d. A reasonable measure under this Additional Coverage may include a permanent repair when necessary to protect the covered property from further damage or to prevent unwanted entry to the property. To the degree reasonably possible, the damaged property must be retained for us to inspect. e. This coverage does not: (1) Increase the limit of liability that applies to the covered property; or (2) Relieve you of your duties, in case of a loss to covered property, as set forth in Section I — Condition C. (3) Pay for property not covered, or for repairs resulting from a peril not covered, or for loss excluded from this Policy. Trees, Shrubs And Other Plants We cover trees, shrubs, plants or lawns, on the "residence premises", for loss caused by the following Perils Insured Against: a. Fire or Lightning; Explosion; Riot or Civil Commotion; Aircraft; Vehicles not owned or operated by a resident of the "residence premises"; f. Vandalism or Malicious Mischief; or g. Theft. We will pay up to 5% of the limit of liability that applies to the dwelling for all trees, shrubs, plants or lawns. No more than $500 of this limit will be paid for any one tree, shrub or plant. We do not cover property grown for "business" purposes. This coverage is additional insurance. Fire Department Service Charge We will pay up to $500 for your liability assumed by contract or agreement for fire department charges incurred when the fire department is called to save or protect covered property from a Peril Insured Against. We do not cover fire department service charges if the property is located within the limits of the city, municipality or e@aogs Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 10 of 34UPCIC HO3 15 05 18 protection district furnishing the fire department response. This coverage is additional insurance. No deductible applies to this coverage. Property Removed We insure covered property against direct loss from any cause while being removed from a premises endangered by a Peril Insured Against and for no more than 30 days while removed. This coverage does not change the limit of liability that applies to the property being removed. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money a. Wewill pay up to $500 for: (1) The legal obligation of an "insured" to pay because of the theft or unauthorized use of credit cards issued to or registered in an “insured's" name; (2) Loss resulting from theft or unauthorized use of an electronic fund transfer card or access device used for deposit, withdrawal or transfer of funds, issued to or registered in an "insured's" name; (3) Loss to an "insured" caused by forgery or alteration of any check or negotiable instrument; and (4) Loss to an "insured" through acceptance in good faith of counterfeit United States or Canadian paper currency. All loss resulting from a series of acts committed by any one person or in which any one person is concerned or implicated is considered to be one loss. This coverage is additional insurance. No deductible applies to this coverage. b. We do not cover: (1) Use of a credit card, electronic fund transfer card or access device: (a) By a resident of your household; (b) By a person who has been entrusted with either type of card or access device; or (c) If an "insured" has not complied with all terms and conditions under which the cards are issued or the devices accessed; or (2) Loss arising out of "business" use or dishonesty of an "insured". c. If the coverage in a. above applies, the following defense provisions also apply: (1) We may investigate and settle any claim or suit that we decide is appropriate. Our duty to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability. (2) If a suit is brought against an "insured" for liability under a.(1) or (2) above, we will provide a defense at our expense by counsel of our choice. (3) We have the option to defend at our expense an "insured" or an "insured's" bank against any suit for the enforcement of payment under a.(3) above. 7. Loss Assessment a. We will pay up to $1,000 for your share of loss assessment charged during the policy period against you, as owner or tenant of the "residence premises", by a corporation or association of property owners. The assessment must be made as a result of direct loss to property, owned by all members collectively, of the type that would be covered by this policy if owned by you, caused by a Peril Insured Against under Coverage A, other than: (1) Earthquake; or (2) Land shock waves or tremors before, during or after a volcanic eruption. The limit of $1,000 is the most we will pay with respect to any one loss, regardless of the number of assessments. We will only apply one deductible, per unit, to the total amount of any one loss to the property described above, regardless of the number of assessments. b. We do not cover assessments charged against you or a corporation or association of property owners by any governmental body. c. Paragraph Q. Policy Period under Section | — Conditions does not apply to this coverage. This coverage is additional insurance. Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 11 of 348. Collapse a. The coverage provided under this Additional Coverage — Collapse applies only to an abrupt collapse. For the purpose of this Additional Coverage — Collapse, abrupt collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. This Additional Coverage - Collapse does not apply to: (1) A building or any part of a building that is in danger of falling down or caving in; (2) A building or any part of a building that is standing, even if it has separated from another part of the building; A building or any part of a building that is standing, even if it shows evidence of “spalling”, crumbling, settling, cracking, shifting, bulging, racking, sagging, bowing, bending, leaning, shrinkage or expansion; or The plumbing system, or any part of the plumbing system, whether above or below the ground, when the plumbing system or any part of the plumbing system is: (a) Collapsed; (b) In danger of collapsing or caving in; or (c)} Separated from another part of the system; due to: (a) Age, obsolescence, wear, tear; (b) Fading, oxidization, weathering; (c) Deterioration, decay, marring, delamination, crumbling, settling, cracking; (d) Shifting, bulging, racking, sagging, bowing, bending, (3 (4 leaning; (e) Shrinkage, expansion, contraction, bellying, corrosion; or (f) any other age or maintenance related issue. building’s plumbing system damaged by an abrupt collapse of a covered building, or abrupt collapse of any part of a covered building. We insure for direct physical loss to covered property involving abrupt collapse of a building or any part of a building if such collapse was caused by one or more of the following: (1) The Perils Insured Against named under Coverage C -— Personal Property; (2) Decay, of a building or any part of a building, that is hidden from view, unless the presence of such decay is known to an "insured" prior to collapse; However, d.(2) above does not provide coverage for a plumbing system or any part of a plumbing system resulting from decay as described in 8.c.(4) above; (3) Insect or vermin damage, to a building or any part of a building, that is hidden from view, unless the presence of such damage is known to an "insured" prior to collapse; Weight of contents, equipment, animals or people; Weight of rain which collects on a roof; or Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. Loss to a: (1) Fence, awning, patio, deck, pavement; (2) Swimming pool, underground pipe, flue, drain, cesspool; (3) Foundation, retaining wall, bulkhead, pier, wharf or dock; (4) Cistern, plumbing system, or any part of a plumbing