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Filing # 133084569 E-Filed 08/20/2021 10:45:13 AM
IN THE CIRCUIT COURT IN AND FOR OSCEOLA COUNTY, FLORIDA
LIZ BEDOYA, CASE NO.
Petitioner,
v.
CLEAR BLUE INSURANCE COMPANY,
Respondent.
PETITION FOR DECLARATORY RELIEF
Florida Bar #218261
COME NOW Petitioners, by and through the undersigned attorneys, and hereby sue
Respondent and allege:
1. This is an action for non-monetary, declaratory relief to determine insurance coverage
as well as the parties’ respective, contractual rights and obligations under a policy of property
insurance for and regarding a property loss.
2. For jurisdictional purposes only, the value of the alleged loss is believed to be in
excess of $30,000.00, so as to be within the jurisdictional limits of this court.
3. Ataill times material hereto, Petitioners were and are residents of the county of this
court and otherwise swi juris.
4, At all times material hereto, Respondent was and is an insurer in Florida.
At all times material hereto, Respondent was and is an insurer in Florida.
5. At all times material hereto, in consideration of premiums paid by or on behalf of
Petitioners, there was in full force and effect certain insurance policy being Policy number
ALO1-141322-00 (hereafter called the "Policy") insuring Petitioners' interest in and to the property
located at 3916 Blackberry Circle, Saint Cloud, Florida 34769, (hereafter called the "property"). A
DUBOFFcopy of the Policy is attached hereto as Exhibit “A”.
6. The Policy at issue is commonly referred to as an all risk policy which specifically
provides that Respondent shall insure against all direct physical loss to the building and separate
structures located on the insured premises unless the loss is expressly excluded from coverage by
the policy or resulted from the misconduct or fraud of the insured. See, Hudson v. Prudential Prop.
& Cas. Ins. Co., 450 So. 2d 565, 568 (Fla. 2d DCA 1984), citing Phoenix Ins. Co. v. Branch, 234
So. 2d 396 (Fla. 4th DCA 1970).
7. Thus, as a matter of law, once an insured shows the "property suffered a loss while
the policy was in effect," the "burden then shifts to the insurer to prove that the cause of the loss was
excluded from coverage under the policy's terms." Mejia v. Citizens Property Ins. Corp., 161 So. 3d
576, 578 (Fla. 2d DCA 2014), citing Hudson, 450 So. 2d at 568.
8. On or about 8-26-2020, while the Policy was in full force and effect, the insured
property sustained a fortuitous direct physical loss (hereafter, the "Loss”).
9. Onor about 8-26-2020, Respondent assigned claim number SWYCBHO10201 to the
loss (hereafter the "Claim").
10. Following the loss, Respondent had certain contractual rights and/or obligations
which include Respondent’s obligations to investigate the Loss, and then adjust the covered Claim.
ll. By letter dated 8-3-2021, Petitioners requested Respondent to either acknowledge
coverage for the loss or explain to Petitioners all reasons why Respondent had not acknowledged
coverage for the loss. A copy of the Petitioners' letter is attached hereto as Exhibit "B."
12. Asofthe date of the filing of this action, Respondent has failed to respond Petitioner's
letter.
13. As of the date of the filing of this action, more than 6 months after Respondent
DUBOFFreceived notice of the loss, Respondent has also failed to notify Petitioner of any of the following:
a. whether Respondent is denying or admitting coverage for the claim;
b. any reasons why Respondent has not made any payments of insurance
benefits for the claim;
c. any acts of God that are preventing Respondent from making any payments
of insurance benefits for the claim;
d. any facts which present an impossibility of performance for Respondent to
make payments of insurance benefits for the claim;
e. any actions by Petitioner that Respondent contends constitute fraud, lack of
cooperation, or intentional misrepresentation regarding the claim for which benefits would otherwise
be owed;
f. any request for further information from Petitioner before Respondent makes
payment of insurance benefits for the claim;.
g. the reason why further information from Petitioner is required before
Respondent makes payment of insurance benefits for the claim; and
h. any other factors beyond Respondent's control which reasonably prevents
Respondent from making payment of insurance benefits for the claim.
14. Respondent's refusal to admit or deny coverage without specifying a reason evidences
that Respondent believes that it has no specific time or duty within which it is to perform its
obligation to admit or deny coverage for the loss.
15. Moreover, the policy does not provide for a specific time limit within which
Respondent is to perform its obligation to admit or deny coverage for the loss.
16. Petitioners, however, believe Respondent's obligation to either admit or deny
DUBOFFcoverage must be performed promptly and within reasonable time after notification of the loss.
17. Petitioners also believe that Respondent's failure to admit or deny coverage for this
loss as of the date of the filing of this Petition without expressing a reason for the length of time is
unreasonable.
18. Respondent's refusal to admit or deny coverage without specifying a reason for the
refusal affords Petitioner a sufficient basis for a declaratory relief action to establish Petitioners’
rights with respect to coverage for the loss.
19. Petitioners believe there is no express language in the Policy that operates to exclude
the Loss from coverage and the Claim from adjustment.
20. | However, Petitioners are in doubt and/or uncertain regarding the actual facts related
to the Loss and Claim and their application to an objective reading of the Policy.
21. Similarly, Petitioners believe, but are in doubt and/or uncertain, that a determination
of the actual objective facts do not support Respondent's failure to render a coverage decision.
22. Thus, Petitioners have a bona fide, actual, present, practical need for an objective
determination to the actual facts so the Court can then make a coverage determination.
23. Under Chapter 86, Fla. Stat., Petitioners are entitled to have any doubt and/or
uncertainty removed regarding the existence or nonexistence of a right, status, immunity, power or
privilege.
24. And, "the mere fact that the contract is clear and unambiguous on its face does not
prevent one from seeking a declaration of his rights under such contract where there exist extrinsic
facts which would affect the clear and unambiguous language of the written agreement," See, Caidin
v. Lakow, 546 So.2d 788 (Fla 3d DCA 1989).
25. Accordingly, Petitioners are asking the Court to determine the actual facts, apply
DUBOFFthose facts to the terms of the Policy, and thereby establish Petitioners' rights to coverage under the
Policy.
26. Thus, Petitioners seek a determination and declaration as afforded under Fla. Stat.,
§86.011, which states in pertinent part:
86.011 Jurisdiction of trial court.--The circuit ... courts have jurisdiction...to
declare rights...and other equitable or legal relations whether or not further
relief is or could be claimed.... The court may render declaratory judgments
on the existence, or nonexistence:
(1) Of any ... right; or
(2) Of any fact upon which the existence or nonexistence of such
... right does or may depend, whether such ... right now exists
or will arise in the future.
27. Petitioners also seek a determination and declaration as afforded under Fla. Stat.
§86.021, which states in pertinent part:
86.021 Power to construe.--Any person claiming to be interested or who may
be in doubt about his or her rights under a ... contract ... or whose rights, ...
or ... legal relations are affected by a ... contract ... may have determined any
question of construction ... arising under such ... contract ... or any part
thereof, and obtain a declaration of rights ... or other ... legal relations
thereunder.
28. That in reading those provisions of Chapter 86, Fla. Stat. in pari materia, Petitioners
are asking the court to declare the rights of Petitioners to coverage for the Loss and adjustment of
DUBOFFthe Claim under the terms of the Policy. The legislature, in those statutes, has given the Petitioners
the right to seek such relief, and the court the authority, to do so.
29. The relief sought by Petitioners relates to a present, ascertainable state of facts and
present controversy.
30. The parties' contractual rights and obligations are dependent on a determination of
those actual facts.
31. Petitioners are not merely seeking an advisory opinion.
32. Petitioners are not seeking any monetary relief in this action.
33. Petitioners further seek trial by jury of all issues triable as a matter of right by a jury
pursuant to Fla. Stat. §86.071.
34. All conditions precedent to the filing of this action have been complied with, met or
otherwise waived.
35. Petitioners have been obligated to engage the undersigned attorneys for the
prosecution of this action and are entitled to a reasonable attorneys fee thereby pursuant to Fla. Stat.
§627.428
WHEREFORE, Petitioners request this Honorable Court enter a declaratory judgment:
a. to declare that there has been a covered loss under the policy;
b. to declare Petitioners’ right to an adjustment of the covered claim;
c. to award Petitioners reasonable attorney's fees pursuant to Fla. Stat. §627.428;
and
d. to award Petitioners court costs pursuant to Fla. Stat., §57.104, Fla. Stat.
DUBOFFPETITIONERS DEMAND A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A
MATTER OF RIGHT BY A JURY.
DUBOFF LAW FIRM
ATTORNEY FOR PETITIONER
680 NE 127 STREET
NORTH MIAMI, FLORIDA 33161
TELEPHONE (305) 899-0085
FAX No. (305) 899-0091
CourtDocument@DuboffLawFirm.com
By:__/s/_ KENNETH R. DUBOFF
KENNETH R. DUBOFF, ESQ.
FLA. BAR# 218261
DUBOFFDear Liz Bedoya,
‘Thank you for selecting Swyf for your homeowners insurance. We are
conimitted to providing the best service to all our valued policyholders.
If you require assistance, please contact us directly or your ageney below
Mansi Desai
Assured Partners of Florida LLC dba Florida lasurance Specialists
4978050200
Customer-Service@thetis.com
Sincerely,
The Swy i Team
How to Report a Claim
All claims for Suyitt Homeowners Policies with coverage provided
Clear Blue
American Ri
information is fresh, Claims may be reported by any of the folowing
‘options 24 hours @ day, 7 days a week to the attention of the New Loss
Gait
Telephone: B55) 542-0917
Facsimile: (865) 26-0807
Website:
Email: reporiacts
Regular Mail: North American Risk Services
PO Box 166002
Attamonte Spin
5, PL 32716
tn order to ensure proper assistance, itis important to include the potley
umber as woll as hame of the insured, contact information and to
provide as much information about the loss detalls and involved parties
a8 possible,
Ap adjuster will be assigned and after the review!
provided will make personal
same, home a
telephone
tdentitving the
mation such as yo:
iaim nurniber and assigned
You've gov auestons, weve gor answers
ng the information
email addresses and akternate
wumbers. A cision acknowledgement will be transmitted
855.479.9358 yruw.suytft.com ‘ customersupportaswiytft com
‘Coverage is provided where a premium or lit of Babi is shown forthe coverage,
Residence Premises Definition Endorsement HO 05 48 1015
Limitod Wator Back-Up and Sump Discharge or Ovoriow Coverage HO 08 95 ors
Arimal Liabilty Sublimit Endorsement HOSWFLOS 0818.
(Calender Year Hurricane Deductible (Percentage) With Supplemental Repo Ho 03 51 0513
Deductible Options Notice HOSWONFL — 0119.
Polity Number: ALO1-141322.00 HOMEOWNERS: Fungi, Wet or Ory Rot, or Bactria Increased Amount of Section I~ FL HO.03 33 0513
Date of Isue: 10/20/2019 Call Mrs Mansi Desai at 407-805-0200 for Policy Inquiries HO SWDS FL 0101 19 Reasonable Emergency Measures and Duties Ater Loss Ho sw 1 otto
HOMEOWNERS POLICY DECLARATIONS Now Business Limited Fung, Wat or Ory Rot, or Bacteria Section Il-Liability Coverage - Florida HO 03 34 0513
"No Section Il Liallty Coverages for Home Day Care Business HO 04 96 1000
mpary Name: Gear Ble Insurance Company (Ordinance and Law Coverage Notification Form Ho sw 12 0318
froduca Name Gayo Ordinance or law Amended Ameunt of Coverage Ho Sw 08 0318
Personal Injury Coverage - Florida Ho 24 83 05 13
med newred: La Bedoya Personal Property Replacement Cost Loss Settlement - Florida HO 23 88 0513
‘Seasonal or Secondary Owellng Endorsement Ho sw10 or 9
ing Areas: 5076 Blakbary Cr sil Provisions -Flocda
RT eo ‘Special Provisions - Ford HosWwotT09 ——ar19
Hurricane Deductible: 2.00% of Coverage A ($4,568.00)
[The Insured Locaton Is Located At The Above Adsross Unless Othonwise Stated ‘loiter Paris Duetww: $4900
Policy Period Yaar
fEecte bate: soonzoi9 120 AM standard ie atthe insured location [Section t+ Other Insured Locations (Aderess)
piration Date:_ 10/30/2020 41201 AM standard time atthe insured location Morigagee(e}Lienholder(s)
[ie wil pravide ha insurance desorbed In tis poley in relun forthe pramium and camplance wih ail Name Address Coan Number
lepplicabie policy provisions, [Select PortoKo Serving ine, [PO Bax 7728 71414793
[SAGA ATINA ingfeld, OH 45504
ome And Endarsomonts Made Part OT This Paley
{Numbers} And Edin Oato(s))
Homoouners Poley Declarations HOSWOSFLOT
“Table of Conterts HO SW FLO7
Homaouners 3 - Spocial Form 0.0003,
HO SWDSFLOt01 19 includes copyrighted matorials of ISO, Inc, wth ts pemission.
ote
1218
0511
Page tof3
Ho SWDSFL 0101 19
Section | Coverages Tin OF babity
Dwaing 5 2287300
resus ae Loss Payeols)- Personal Propery
Personal Property 60,000
Je Parone Fe Spee (Name and Adaross of Les Payee and Personal Property Invohed)
‘Seaton I= Coverages g sa Ran a aE Sel HES
FE Personal aby 5 300,060 Each Oosurende
F Medical Paymonts To Omer 52,000 Each Porson
‘Section IT Aadianal Coverages (a
fier Bacup 5 5.000
s
s
‘Subtotal Annual Premium, s 1.10.00
NGA Foo 525.00
Faida ENPA 5200
Total Annual Premium and Fees 54.1370
Total Huriane Premium 469.48
Total Non-Hurricane Premium 640.52 EXHIBIT
uA"
Includes copyrighted matoras of ISO, Ine, wth ts pormision. Page 2 of 3Countersignature OF Authorized Represenave
Tiree resin Tara Rosie Sahara
Presdont CcomoateSoeeary 000, Supt, LLC
feinaure: ry CLEAR BLUE INSURANCE COMPANY
Z2 off fy 7 <
RAL PM ASL Lv SWYFFT VOLUNTARY HOMEOWNERS MULTI-PERIL PROGRAM
Date: sorer019 rorarz09 sorze2019 POLICY TABLE OF CONTENTS
A rate of adjustment of -6.00% has been applied to the windstorm and hail premium
to reflect the Building Code Effectiveness Grade in your area. Adjustments range 1 HOMEOWNERS 3 - SPECIAL FORM Page
from 1% surcharge to 12% credit. A. AGREEMENT. 4
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE 8. DEFiNTIONS 4
LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES €. SECTION | PROPERTY COVERAGES 3
TO YOU. D. SECTION! PERILS INSURED AGAINST °
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN E. SECTION | -ExcLUSIONS ®
IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. F. SECTION | -conomons 8
PLEASE DISCUSS WITH YOUR INSURANCE AGENT. . SECTION -UIABILITY CovERAGES "
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE He SECTION EXCLUSIONS "
PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S 4 SECTION I~ ADDITIONAL COVERAGES 2»
INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE K. SECTION -conomons 2
RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN
CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD & SeeTiONS tan te conommons ~ =
INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES
CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE
SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE
AGENT.
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.
Ho SWFLO7 12 18 Page of
HOSWDSFLOI01 19 ncudoscopyrtied mata af IO, no, wih ts pemision Page of
HOMEOWNERS
no ooos05 11
HOMEOWNERS 3 - SPECIAL FORM
AGREEMENT
We wil provide the Insurance deserted inthis policy
In rotum for the premium and compance wih all
‘applicable provisions ofthis poley
DEFINITIONS
A Intis policy, "you" and "your refer tothe "named
BB. Inadgtton, cartain words and phrases are defines
1. "Airco Lisbilty’, "Hovercraft Lisbiliy", "Motor
Vehicle Liatilty’ and. "Waterect Listy’
subject tothe provisions in. Below, moan Ihe
tallow:
1. Llabity for "boaly injuy” or “property
damage" ansing out of he
(9) mart of such vil or at by en
2 atone, eccupancy, operation,
ing or unleadhg of such
Vehiao orca by any posa;
(3) Enusiment of such vehicle or erat by
{an insured” to any person;
(4) Foire to supervise or negligent
supervision of arly person. involving
sueh void or era by an Insured
(6) Viearious sablty, whether or not
Imposed by law, for the actions of 2
thd or minor invevng such vehicle or
af,
'. For the purpose ofthis desntion
(1) Airerat means any contrivance used or
Gosignad for Beit oxcopt model or
hotby areratt net used oF designed fo
carry people of cargo;
(2) Hovererat’ moans a _salt-propetlos
mretorized ground. fect ‘vehicle and
ioludes, but 1s not lined to, ferecrah
‘nd ar cushion vehides,
(2) wa fans a erat prinepally
‘designed fo be propeted on or in water
by wind, engine power or elecine meter,
and
(4) Motor vehicle means a "motor vehicle"
8 detned in 7. bo!ow,
Ho 00 03.0511
© insurance Services Orfce, nc, 2010
2, “Boal inury’ means bodty harm, sioness ot
disease, inctuaing roqured cats, loss. of
Services and doath that resus,
3, "Business" means
2. A trade, profession or occupation engaged
In on a fulltime, partie or cevasional
Dosis; or
. Any other acowty engaged infor meney oF
‘tir compensation, excopt he flowing:
(1) One of more actives, not described in
2) theough (4) botow, fer which no
“inured” raceives more than $2,000
total compensation for the 12 months
Dotore the bogmnirg of the pouey,
pone;
) Vole: aciaes tor which ro money
fecolved other than payment for
‘expenses inoured to. perform he
aciwiys
(®) Providing home day care services for
which no ‘compensation. is receWved,
‘ther than the mutual exchange of suet
(#) To rendering ot nome day care
services fo a alative of an "insures
yee" means an employee of an
Teasing frm, whose duos ae ether than these
perfermed By a “residence employee”
insured" means:
1, You and residents of your household who
(1) Yourrolatves; of
{@) Other persons under he age ot 21 and
In your caro oF tho care ofa rasident ot
your housenold whe is yourrelaive:
. A student enrlled in school fuse, as
dofned by the schoo, who was. resident
your househela Botere moving out 70
fattend school, provided the student Is
naar me age ot
(1) 24 and your relave; or
Page 1 of 24
(2) 21 and in your care oF the care of a
Tesident of your household who is your
relate; or
(Under Section i
(1) Wath respect to animals or watereat 0
hich this pokey apples, any person or
exganvzation legally rosponsibio ter
these animals of watercraft Which are
‘owned by you or any person described
in 5.8. of Binsured dovs net moan 8
Person or organization using or having
fustody of these animals or watercraft
In the’ course. of any business" cr
without consent ofthe ouner, er
@) Win rospod to a “moter vehicle™ 10
which this potey apetios:
(a) Persons while engaged in your
employ or that of any "person
Sseserbedin S.a or bof
(©) Other persons using the vehicle on
fan eure’ locaton” with your
Consent
Under both Sections 1 and I, when the werd an
Immediately precedes the word “nsured, the
Words an "nsured” together mean ene oF Mere
“insureds
6, “insuredccaton" means:
1 The "esidonce promisos",
'. The part of oiner premises, other structures
{and grounds used by you'as a residence:
and
(1) Yoricnis shown in the Declarations; or
2) Winch Is acquired by you during the
poley poriod for your uso as a
Fesdonce,
‘6 Any promises used by you in connection
‘wh promusos doscnbod in a. and b.
above;
Any part ota promises:
(1) Not owned ty an “ensuroe an
@) Wma an “hsured Is Yemperenly
residing:
‘. Vacant land, other than farm land, owned
byorrontodie an insured
Land owned by or rented to an thsured" on
which a one, two, thxos- or Tourtornly
{ueEIg is Being Bult as a residences for an
“insured
Page 2 of 24
(© Insurance Services Offce, nc. 2010
{9 Incbvcual oe tamiy cometery plots of burial
vaults ofan insured"; or
th. Any part ofa premises occasionaly rented
fo\an ‘insures for other than "business
“Motor vehicle” moans:
9 Ast propoted and ecamehitious voice:
bs ay. tor Sprain is boing
Carried on, towed by or Hitched for towing
Syavohie desamedn a above
Oceurtenes” means an accident, nduding
continuous or repeated exposure to
Substantially ‘the ‘same general harm
Conditions, which resuts, dunng the policy
peri, in
1, "Boi injury"; oF
». “Property damage’.
“Property damage" moans physical jury to,
dosttucton of, er loss of uso of tangle
property
“Residence employee" means:
An employee of an, “insured", or an
‘mployee leased to an “insured” by @ labor
Teasing trm,under an agroement botwoon
fan "ineuted” and the laber leasing firs,
Whose ates are related to. the
ainionence er use of the "Yesidence
premises", cluding household or domestic
'b. One wo performs sitar duties elsewhere
fot related to the “Dusness” of an
“sured
[A ‘Tosidonco omployse" does not indude o
femporary employes who Is furnished to an
“insured” fo. subsbtute for permanent
“residence employee" on leave oF 10 meet
seasonal or shor-tm workload conatons,
. "Residence premises” means:
‘4. The onosamily dwelling where you reside:
'b. Tho two-, throo- or tourtamily eweling
where you reside in at least one of the
famiy unts;or
That part of any ofr bulking where you
land which Is shown as te “Yestdence
promises" Inthe Decaratons.
“"Residonce premises" also mcudes other
siuctures and grounds a thet location,
Ho 00 03 05 11SECTION! - PROPERTY COVERAGES
A. Coverage A - Dwelling
1. We cover:
‘The dweling on the “residence premises
shown inthe Declarations, inauding
Smrictues atacheae tne dwoling: and
'. Matenals and supplies located on or next to
the "Tesidonce premsos" usod to censtuct,
falter of repair the. dueling or other
SrUctures on he “residence premises”
2. We do not cover land, incuding land on which
‘he dvelings located
B. Coverage 8 - Other Structures
1. We cover other structures on the “residence
promises" sot apart fom tho aweling by dear
Space. This Incuides structures consiectod to
‘he dwaling by only @ fence, ubity line, oF
Similar connection,
2. We do not cover:
4. Land, cluding land on which the other
‘Ststutes ae tocated
. Other structures rented or held for rental to
‘any person net a tenant of the welling,
Unless used solely as a private garage;
‘Other structures rom which any “business
's conducted, or
©. Coverage c—
sonal Property
1. Covered Property
\We cover personal property owned or used by
fan “eurod" while is anywhere fv tho word
After a oss and st your request, we wil cover
personal preperty ned by.
8, Others while the propery s on the port ot
the "residence premises" occupied by en
‘ingued
1b. A guest oF a “residence empoyae", while
‘he property gin any residence occupied
by an "insured"
Limit For Property At Other Locations.
8, Other Residences
(Our mt of bitty tor porsonal propery
ted at an “nstrode” roscanes,
foner than the. “residonco promises",
10% of tho lint of lab for Coverage
fF $1,000, whichover is greater. However
ts limitation does. not apply to personal
property
(1) Moved tom the “residence promises”
because is
{@) Being repaited, renovated or rebuilt
and
{(b) Not it t0 Ive in or store property i
2) ina nomy acquired prnapal rosence
1. Other structures used to store “business” tor 30 cays tank mn tine you booth wo
reper. Hotere de cover a stu Move the rope the
‘hat contains. "business" propery. sol!
Domed by an Traureg or Yona of Ne », Seltstorage Facies
‘awoling, provides that “business propery (Our lit of liabilty tor personal propery
‘does notinclude gaseous or bquid. ful, ‘owned or used by an “neured" and located
iter than fuel in 3 permanently installed Ina self-storage facty 15 10% of te hit
{ua tank of a yohide oF crak parked ‘of ‘abilty for Coverage C, or $7,000,
stored nthe suet Wwhichover is greater. Howover, this
3. Tholimt ofllabaty to this coverage wit not bo limitation does “not apply to personal
frete than 10% of the. bmi of lab tat ropety
apples to Coverage A. Use of tis coverage (1) Moved tom the “residence promises*
‘does. not reduce the Coverage A. li because is
‘ety {@) Being repaited, renovated or rebut
and
(b) Not ft to lve i or store property in
(2) Usually located in an "nsured's™
residence, other than the “residence
promises
Ho 00 030511 ‘© insurance Services Otte, ne, 2010 Page 3.f 24
Page 4 of 24
3. Special Limits Of Liability
‘The special lit for each category shawn
below is the total Ime for each loss for a
Dropery in that catagory. These special its
Sonot ncrease the Coverage C km of labuty.
{$200 on money, bank notes, bulion, gold
ther than-goldware, siver other” than
siverware, ~ platnum other than
Platnumware, coins, medals, sonp, stored
Nolue cards and sma! cards
. S1s00 on secuos, accounts, ots,
evidences of debt, liters of credit, notes
Giner” ton, bank “notes,” manusret,
porsonal records, passports, tloksts and
Eamps. Thus doll’ im appios to tose
{atageris ragardoss of the medium (sun
‘3s paper or computer sofware) cn wich
the matenal exists
This limit Includes the cost to research,
replace or restore the information from the
lost or damaged mater
«6. $1,500 on waterrat of all types, including
tnair walors, tumishings, equipment and
‘outboard engines or motos.
$1,500 on trallers or semialers not used
wth watorerat otal ypes.
$1,500 for loss by theft of jowoly, watches,
{urs precious and semiprecious stones,
4 $2,500 fer toss by theft of freams and
related equpmert.
{9 82,500 for loss by thet ofsverware, siver-
Plated wore, goldvare, gold-plated ware,
Platnumware, patinanspated ware and
a
made of cr including sive, gold or pewer
$2,500 on propery, on the “Yesidonce
Promises", used prerly tor “business”
purposes.
4. $1,500 on property, away trom the
"Tesidonee promises", used. primary or
"business" purposes.” However, 5 limit
oes not apply #0 antennas, topes, wee
records, else or other mac that ar!
(9 Uses wn alectone eager, et
3, reoalvas or transmis aude,
wot or dota gai; and
2) In or upon 9 “motor vehice”
J. $1,500 on portable electronic equipment
that:
(1) Roproduces, rocelwes or transmits
‘audio, visual or data sionals,
(2) ts cosigned 10 be operated by mote
tan one power soures, ane of which Is
fe "mater velucle'e” elaccal system:
ane
{@) 18 mor upon a "motor vehicte™
$250 for artennas, tapes, wares, records,
dlsks oF ether moda hat aro
(1) Used wih electronic equipment. that
reproduces, recolves cr transmits oud,
visual or data sgnals; and
(2) tn crupon a “metor venice”
‘4, Property Not Covered
We do not cover:
4 Aries separately described and
‘pociicaly insured, regardless of the leit
{or which they are insured, in this or thor
“Animal, birds oF sh
"Motor vehicies’
‘This includes a “meter vehicle's" equipment
and paris, Howover, this Paragraph 4.0
{ces not apply to
(1) Portable electronic equipment that:
(8) Roproduces, receives or transmis
‘ut, sual o data staal; and
() Is designed 50 that it maybe
‘operated from a power source other
than a "moter Vehicles” elactncal
sytor
(2) “Motor vehicies* not requlred to be
regsiered for use on public roads or
property which are:
(a) Used solely o service a residence:
oe
(6) Designed to assist tne nandlcapped,
4 Arcrat, moaning any contrivance used oF
osigned for Might, including any parts
lwhamar or not atached tthe area.
We do cover model or hobby airraft not
Used or designed 'o cary poople or cargo,
©. Hovercraft and parts. Hovercraft means a
taracraft and acu
1. Propery of roomers, boarders and other
fenamts, except property of roomers and
boarders related fo an insured";
© insurance Services Offc0, ne, 2010, Ho 00 03 05 41
@ Property in an apartment regulaly rented
Furnishings ‘under Section 1 — Proporty
Coverages:
hh Property rented or hold for rental to otors
cotftne “Fosidnica premises"
1 "Businoss" data, ncuding such data stored
(1) Books of account, dravangs or oer
paper records;
(2) Computers and rlated equipment
eo cover he cos ot lank rocrng ot
storage moda and ot pro
onuter programe mala én to Tal
mrarket
J+ Creat cards, electronic fund transfor cards
for access dovioes used solely for depost,
‘withdrawal or tencter of funds exoopt os
provided in E6. Cred Card, Electronic
Fund Transter Card. Or Access. Deviee,
Forgery And. Counted Money undor
‘Section! = Property Coverages: oF
Water or sioam,
D. Coverage D - Loss Of Use
“The lim of lal for Coverage Dis the total int
forthe coverages in 1. Addiional Liing Expense,
2. Fae Rertal Value and 3. Ch Author)
Prohibts Use Below,
4, Adaltional Living Expense
Ita loss coverod under Section 1 makes that
pat of tho "rosidonce promises" where you
feside not Rito lve in, wo caver any necossary
Increase in ving expenses incurred by you so
‘hat your housoneld can manta te normal
standerd ofiiving
Payment wal be forthe shertest time required
{0 Tepar oF replace the damage or, f YOU
Permanently “relocate, the shortest time
fequred for your housoteld to sate,
flsawnere,
Fale Rental Value
Ita loss coverod under Section 1 makes that
art of the “residence premises” rented to
‘thers or held for rertal by you not ft ive i
Wwe cover the tar ental value of such promises
Joss ary expanses that donot continu wale
‘snot Rito bve In
Payment wal be forthe shertest time required
{0 repat of teplece such premises.
»
3. CML Authority Prohibits Use
‘t@ evil authorty prohiots you trom use of the
‘resoonce rene! 8 3 resut ot ect
jamage to neighbomg promises by a Perl
thoured Against we cover ne loss 2 prowdod
In 4. Adgtonal Loving Expense and 2. Fat
Rental Value above for no mere than 40
weeks.
4, Loss Or Expense Not Covered
We do not cover toss or expense due 10
Canoolaton of a lease or agreemen.
‘The periods of time under 1. Addtional Ling
Expense, 2. Fair Rontal Vale and 3. Ci
Auttorty Prohibits Use above are no! led by
fexpration of is pokey.
E. Additional Coverages
1. Debris Removal
‘, We wil pay your reasonable expense for
the removal ct
(1) Debris of covered property ta Pont
Insured “Agamnst that applies tothe
rene oper cases he oso
) Ash, dust or paricies ftom a volcanic
‘ruption tat Hes caused doco 0 @
building “or propery conianed no
bulaing.
‘This exponse Is incuded in tho tint of
iabaty that applies to the “damaged
property. If the amount fo be paid fr the
‘actual damage fo the property plus the
debris removal expense is more than the
lim of tabaty for ho. damages property,
fan adational 9% ofthat vt is ava for
such expense,
. We wil also pay your reasonable expense,
Lup t© $1,000, for the removal from the
“Yesidence premises” of
(1) Your trees felled by the pert of
Winesterm or Hall or Weight of Ice,
Snow of Sloot or
@) A nalghoors trees felled by @ Pen!
Insured Against undor Coverage €:
provided the toes:
(6) Damage a covered structure; or
(4) Do not damage ® covered structur
ut
(@) Block a diveway on the "Yesidance
promises” which provents a "motor
‘Yeh’, that is registered for use on
Buble. Toads or propery, ‘rom
fentering or leaving the “residence
promisest;or
Ho 00 03.0511 © insurance Services Otc, nc, 2010 Page Sof 24
Page 6 of 24
(B) Blow a ramp or other theure
destined to assist a handicapped
person fo enter or leave the dueling
buang.
‘The $1,000 lint isthe mast we wit pay In
any one loss, rogardess of the number ot
en feos. No rere than SSO0 of tis it
vallbe ald forthe removal of any one ras,
This coverage is adtional insurance,
2, Reasonable Repairs
‘a. Wo wil pay tho reasonable cost incurred by
you for tho necossary measures. taken
Solely to proea covered property that Is
Gamagod by a Pont insurcd Against tem
Sicher damage.
. if the measures taken involve repair to
cher damaged property, we will onty pay it
‘ht prepary Is coverad under tis paley
‘and the damage is caused by a. Port
Insured Agant. Ths coverage doos no:
(1) Inecoase the tm of abilty that appes
tothe covered propery, or
(2) Relieve you of your duties, in case of 2
loss fo covered propery, deserted in
(Cat. under Section I= Condions,
3. Trees, Shrubs And Other Plants
We cover roes, struts, plants or lawns, on the
“rostdonco premises", for loss caused by the
fellowng Penis insures Aganst
Fe or Lightning;
Explosion;
lot of Chl Commotion
Avera
Vehicles not owned of operated by a
residort of the “residence premises";
{4 Vandalism or Malisous Mischiof, or
9. Theft
Wo wa ay upto 55 cto tt of aby ot
‘We do not cover propery grown for “business”
purposes.
‘This coverage is additonal insurers.
4. Fire Department Service Charge
We will pay up to $500 for your labity
gesumed by consect F fgroerent for tre
doparment charges incurred when the fre
‘doparment is called Yo save oF protect Covered.
propery tom a Pert Insured Against. We do
‘ot cover fe department service charges ithe
property is leeated win the lim ofthe Sty,
‘muniepalty or protecion «tit fumsshing he
fre deparment response.
‘This coverage addtional insurance, No
degucible applies to his coverage
8, Property Removed
we insure covered property against cited oss.
from any cause while belng ermoved trom &
premises endangered by a Perl insured
‘gaanst and for no mere than 30° days while
removes,
“This coverage does not change the tint of
labiny. that apples 10 the Property bang
removed,
6. Credit Card, Electronic Fund Transter Card
Or Access Device, Forgery And Counterfeit
Money
We wil pay upto $500 for
(1) The logal ebigaon of an “insured” to
‘ot the thet of
Unauthorized use of evedt cards fesued
to or registered nan “insureds name;
(2) Loss resuting fom theft oF
Uunouthorized Use of an electronic fund
‘wanstor card or accoss device Usod for
dopost, wha or transtor of funds,
Issued to or registered mn an nsurod's?
(8) Loss to an "insured caused by focgory
(or altoration of any check or negotiable
instrument; and
(4) Loss to an “insured” through
‘cegptance in good fath of countertet
Unted States er Canadian paper
ey.
Al logs resubing trom @ series of acts
‘commited by any one person oF in which
ny one person 15 Concemed or Imphcated
Is considered to b6 one loss,
(© Insurance Services Offce, nc. 2010 Ho 00.03.05 11This coverage i addtional insurance. No
deductible apis to tis coverage.
bb. We donot cover:
(1) Use of a creat card, slectronte fund
‘wansfor card or access devi:
{@) By. resident of your household;
{(b) By a person wiiohas been enirusted
wath ether type of card or accoss
Setlce:
{c) tan “insured” has net comied wit
altos and condhions under which
‘the cards ae Issued or the devices
accessed or
(2) Loss arising out of “business” use or
shonosly ofan “insured”
It tho coverage in a. above apples, the
fallouing defense provisions aso apply
(1) Wo may rvesigto and sete ay claim
‘hat we decide is approprat.
Sur trys doer etary of as ones
‘when the amount we pay forthe oss
equals our limit of hat,
(2) Ita sut is brought against on “insure”
‘or liabikty under a(t) oF 2) above, we
vil provide a datense af cur expense By
‘counsel of our chee,
{@) We have the option to defend at our
expense an "insured or an "insureds"
bark against’ any sul Tor the
enforcement of payment under a.(2)
above
7, Loss Assessment
‘We will pay up to $1,000 for your share of
logs assasement chargod during the pelicy
[Pend against you, a8 owner or tenant of
tno "osidencs premises”, by a corporation
fo assoaation of property. owners. The
lassostment musi be made ae a resull ot
direct loss to. property, owned by all
‘members collectively, of he type that would
be covered by thes poboy i owned by you,
caused by @ Peel Insured Against under
Coverage A, other an:
(1) Earthquake; oF
(2) Land shock waves or tremors before,
‘rng of ater volear eruption.
‘The it of $1,000 isthe most we wl pay
wih respect 10 any one loss, regardiess of
‘he umber of assessments. We wil only
‘apply one daduetble, por unt, to tho total
1 oss 10 tho property
escibod above, regardiass of the number
b. We do not cover assessments charged
‘against you oF a corporation or association
of propery owners by any governmental
body.
©. Paragraph Q. Posey Period under Section 1
= "Conations does rot apply "0. is
‘overage,
This coverage is adtional insurance.
collapse
a The coverage provided under tis
Adgoonal Coverage Colapse ops
‘only f0 an abrupt cali
Forte pups offs Mating Coverogo
= Collapse, abrupt collapse means an
‘abrupt faliig. down ‘or caving in. of 3
bullang or any part of a bulding win tho
fosult that the buldng or part of the
Dullaing cannet be oocupled for is tended
purpose.
& This Adon Coverage - Cotonse doos
net apply
(1 bung or ay pao tng nt
sin danger of tating down or caving in
par of he bulding; or
(8) A buleing oF any part of a buling that
's standing, even if shows evidence
cradeng, bugng, sagging, bending,
leaning,’ seting, shenkage of
coxparsion,
4. We insure for direct physical loss to
‘covered propery involving aorupt collapse
‘of 2 bullsng oF any part of bulcing i such
collapse was caused by one or more ofthe
felloning:
(1) The Perils insured Against named
Uundor Coverage C
2) Decay, of a bulding oF any part ot a
buiiing, that is hidden fom view,
Unless the presence of such decay’ Is
known to an insurod” porte colapse;
(@) Insect or vermin damage, 10 a bullang
for any pat of a bulding, that is hidden
ftom View, unless the presence of such
damage is known fo an insured” prior
‘ocotapse;
(4) Weight of contents, equpment, animals
cor people;
Weight of ran which cofects on a root
(6) Uso of detective material or methods in
construction, remodeling or renovation |
the collapse ceours during the course of
‘the "construction, remodeling of
renovate,
©. Loss to an_auming, fence, patio, deck,
Pavement, synmming pool, underground
fue, drain, cesspool, septic tank,
foundation, retaining wat, bulkhead, pier.
Wihart of dock Is nat Ineided Undor a2)
Trough (6) above, unloss the loss 1s a
‘rect result of the collapse of 8 bulking of
‘any par of a buiding.
‘4 This coverage does notinerease the init of
labarty “that applies to te damaged
covered propery.
8. Glass Or Safety Glazing Material
a. We cover!
(1) The reakage tls or sty lang
‘whveh 15 par of @. covered
butang, stom doer storm window,
2 the wreakage ct glass or satoty lazing
ratent art
tung, sor doc er som ‘now
when "caine recy” By” corh
6) Te dre rye! us to onered
Properiy caused solely by the pieces,
‘ragments or spinters of broken giass or
safety glazing material whic is part of @
Bulag, storm door or storm window.
'b. This coverage doos not ncude loss:
(1) To covered property which resus
because the giass or safety glazing
matenal has Boon broken, oxcopt as
Provided in a3) above; oF
2) On tho “tosidonco promises” it te
Awollng has bocn vacant fer more than
60 consecutive days Immediately before
‘the loss, except when the breakage
reaulis drecty fom earth movernert 5
Provided in a2) above. A aweling
Bong consinicted snot considered
vacant
{This coverage does not ineroase the it ot
lebity “that applies. to the damaged
Property.
10. Landlord's Furnishings
We will pay up to $2,500 for your appliances,
rpeting and omer heuseheld Renishings,
‘each apartment oh tha "raskdonco premsas"
‘ogulary rented or ald tor rental fo ethers by
fan sured, for loss caused by a Pet Insured
“Tis lini i the most wo Wil pay i any one:
loss regardiess of the numbor of apouancos,
carpsting or other Nouschold mishings
snwaved inte loss,
‘This coverage does net inerease the mit of
‘abit applying tothe damaged property
11. Ordinance Or Law
4 You may use up to 105 of the mit of
liabaty that apples to Coverage A tor the
Increased cosis you incur duo to the
‘enforcement of any ordinance or law which
requires or regulates:
(1) The construction, demotion,
remodeling, renovation or ropar of that
Pan ot 8 covered. buling or omer
Stucture damaged by @ Pent insured
Against
(2) The demotion and reconstruction othe
undamaged par of 9 covered busing
‘or other srucure, when that buling oF
cher stucue must” be orally
Somelished because of damage by
Ped Insured Against to anctnor part of
that covered bulding or other structure;
(@) Tho remodeling, removal or
replacement of the portion of the
undamaged par of @ covered busing
or other. Structure necessary
complete. the romodoling, reper oF
Feplacemont of that part of the coverad
bulking or otter stucture damaged by
‘8 Ponl Insured Agamst
'. You may use all or pat ofthis ordinance of
law coverage fo pay fore inreased costs
yeu incur fo remove debe resuting trom
‘he consinucion, demotion, remodel
Fenovaten, repair of replacement
propary as stated in a above,
We do net cover
(1) The loss. in. valve to any covered
bulling or thor structure due to the
Tequroments of any ordnance or law,
(2) The costs to comply wih any ordnance
of law which requires any “Insured” oF
thers to fest or, monter, clean up,
remove, contain,” treat, detoxty or
of
‘ny covered building or other structure,
of assessments ‘Agent n Coverage C, other than The
Ho 00 030511 ‘© insurance Services Otte, ne, 2010 Page 7 of 24 Page 8 of 24 @ insurance Sorvces OMe, ne., 2010, Ho 00 03 05 41
Polutants moans any solid, qu, Howover, If te buldng Is protected by For purposes of this provislon, a (Ww) Pumbing, heating, air
gasocus or thermal imtant of
Contaminant, incuding. smoke, vapor,
Soot, umes, acids, alkals, chemicals
‘and waste, Wasto neues materials tO
bo recycled, recondtionod or redalmed.
“This coverage is adtional insurance.
12, Grave Markers
We vil pay up to $5,000 for grave markers,
incuding mausoleum, on ot away from the
“rosidence premises” for loss caused By @ Pen
Insured Against under Coverage €.
‘This coverage does net increase tho lnts of
\abity that-apply to tho damaged covered
property.
SECTION! - PERILS INSURED AGAINST
‘A. Coverage A - Dwelling And Coverage B —
‘Other Structures
1. Wo insute against arect physica loss to
property desorbed n Coverages A and B.
2. We do not insure, however, fo loss
‘a. Excluded under Section | ~ Exclusions;
». Inyoling collapse, ietuding any of the
folowing conditions of property or any part
cof the property
(1) An abrupt faing down or caving
(@) Loss of structural integnty, inetuding
separation of parts of the property or
propery in danger of faling down or
‘aving n;or
(8) Any "cracking, bulging. sagging,
bonding, loanrg, seting, shrinkage of
expansion a such condi relates to
(1)or @) above;
‘except 9s provided in £8. Collapse under
Section = Property Coverages; oF
©. Caused by:
(1) Freezing of @ plumbing, nesting, ae
conatonng of automate tre protective
Sprinkler systom or of a. household
‘apBlance, oF by discharge, leakage or
Used reasonable care to
(a) Maintain hoot nthe bulaing; er
(&) Shut off te water supply and dan
al systems and appliances of water.
Ho 00 03.0511
© insurance Services Orfce, nc, 2010
fn automate fre protective. spnkler
system, you must use ressonable care
fo contnue the Water supply and
frastan “heat in the buleing for
‘coverage to apply
For purposes of this provision, @
puméing system or housohold
‘appliance does not include 3. sump,
imp pump or related oqupment or &
‘oot fain, guter, downspout or sirfar
‘ncures or equipment;
(2) Freezing, mnawing, pressure ce weight of
te of les, whethor driven by Wind OF
net, to@
(0) Fence, pavement pat osvning
o Foor, eundaton, brood, wa
any ether structure or device that
Stop alter ptt ot Buln. oe
‘other sueture
(6) Retainng wall or bukhead tat doos
‘ot support al or part of a bulcing or
‘ther structure; of
(@) Pier, wharf er dook:
(@) Thett In er to a aveting under
construction, or ot matonals and
SSUPpBOS for Use In tho constuction unt
‘he dwoling is fished and cccupiod,
(4) Vandalism and maicious mischit, and
yy ensuing.
‘ot considered vacant
(6) Mold, unas of wot rot Howover, wo
do insure for 1088. causod” by Tol,
fungus or Wet rot that Is hidon wathin
the. Walle of collngs. orb
Teor ot ahve ho “cot ot a
re Hf such Joss rests. From she
‘cedortal| Gecharge or overtow "et
‘Water or steam from win
(@) A plumbing, heating, air condoning
fr automatic fe protective sprinkler
‘ystom, of a Nousohold appliance,
‘onthe “residence premises", oF
(b) A storm drain, of water, steam or
ewer pipes, of the "residence
promises
Page 9 of 24
plumbing system or household
mp pump of related equlpment or a
tool dain itor, sowspaue or slat
Sure or equipment, or
(6) Any of th talowang:
(@) Wear and tear, maring,
{eteroration;
(©) Mechanical breakdown, latent
Sefoct, erent vice or any quakty
property that causes 10 damage of
Sosy its
{€) Smog, rust or chor comosion, oF dy
rat:
(8) Smoke rom agrioultural smudging or
inaustral operations;
{e) Discharge, dispersal, seepage,
rrigratien, release or escape. of
polutarts Unioss tho “cscharge,
Slsporeal, "seepage,
Foibase cr oscape is
' Peni insured Against named under
Coverage ¢.
Batirants moans any sl, qui
gaseous or thermal
Srommart, ‘tecudhg ” eroks,
Vapor, sect) fumes, acids, alll,
chemicals and. waste.” Waste
includes matonals t0 be recycied,
Fecondioned or reamed;
( Setting, stinking, bulging of
expansion, including resutant
cracking, of bulteads, pavement,
patios, footings, feundatons, walls,
fos, roots oF cotings;
(a) Birds, rodents orinsects;
(h) Nesting or infestation, or discharge
or roloase of waste Products oF
secretions, by any animals; of
(W) Arsinals. owned or Kept by an
Snare
Exception To 46)
Unless the loss is ctherwise excluded, we
cover loss. 10. property. covered under
Coverage Aor B resulting. from an
Accidental discharge or overtow of water
‘tears ern tna
(Storm grain, or water, steam oe
sewer pipe, off the “residence
premises"; o
Page 10 of 24
(© Insurance Services Offce, nc. 2010
conditoning or automatic fre
protective -spnnkler sysiem or
household “applance onthe
“residence premises". | This
Includes the oot to tear out anc
roploco any part ofa bulding, or
thor suctte, on he “residance
‘only won
Necessary to repair the system or
Spplance. However, suc ‘oar
ut and replacement coverage
‘nly apples fo other structures
the water of steam causos actual
damage to a bulding on the
“residence promises
We do not cover loss to the system or
‘appliance rom which ths water er steam
escaped.
For purposes of this provision, plumbing
system or houschold appliance does not
Include @ sump, sump pump or related
equipment “ora. root dan, outer,
‘ewmspeut or sinvaetacures or equpmert.
Section |= Exclusion A.3. Water, Paragraphs
{. and. thet apply fo surface water and water
Dow he surface ofthe ground de not apply 10
lose by Water covered under ¢49) and (6)
‘above.
Undor 2b. and ¢. above, any ensuing loss to
propery descned in Coverages A and B rot
Drecluded by any otner provision i ths poly
S covered,
Coverage ¢ —Personal Property
We Insute for dite physical loss tothe propery
dosetbed in Coverage € caused by any of ihe
following penis unloss the toss 1s oxduded in
Soction = Exclusions,
4. Fire Or Lightning
2. Windstorm Or Hail
‘This porll includes loss to watercraft of all
‘ypes and thok talrs, furishings, equipment,
‘and outboard. engines or motets, only wile
inside a fully enciosed buling,
“This pord.doos net include oss tothe property
contained a bulcing caused by ran, snow,
Sloet, sand of dust unloss the arect force of
\wnd of hall damages the bulang causing an
pene 9 06 wal aed he rai, show
ead or dust enters through ths opening
Ho 00 03 05 11°
Explosion
Riot OF Civil Commotion
Airerar.
‘This pon cludes selt-propeled missiles and
spacecraf.
oe
10. Fating Objects
‘This peal does not Indude loss to property
conten a bung ures he oe an
Dutside wall of the buling is frst damaged by.
ang ‘cbjoetBartopete Me tang oe
sal isnot included
6. Vehicles ‘11, Weight Of Ice, Snow Or Sleet
7, Smoke ‘This pen means weight of ice, snow or slect
This peal means. sudion ond sedan ‘hi cates drage fo opety conned
dlmage tern sno, eld tno onistan ot sbutaes
ppuffeack of smoke, soot, fumes or vapors from 42, Accidental Discharge Or Overflow Of Water
[ooter tence o'eotd oqapment eee
‘This perl does not ickide loss caused by @ This penl means accidental discharge or
Srete toot agneutua emiigng or nau cvertow of witr cr seam Yorn wifi &
operators. ftorting,"neaing., oF consents
8 Vandalism Or Malicious Mischiet Eton re petoive siiersyiom or
3 omit oNovsehod apptance.
a ips Peril includes attempted theft and loss: 1b. This pen does not include loss:
‘of property from a known place when it is. (1) To the system or appitance from which
iketyter he propery hes Boon scien ‘ho war erator secape:
b. Tht port doos not nue oss caused by ) Caused by or resting tom roeang
et Groipt ae ronded nl Pont Ine
(1) Corto by an “sue: Aoenet 14 Pecans
{@) nto dweling under construction, or 2) One residence prerinee cuted ty
of meterils and suppts fr so nthe aceirtl dachrge of overo vi
construction until the dwelling is finished Pre
sew occupied (4) Case by me, soe or wet rt
“ian ne wale or
(©) From tat pat ot a Yoatsnco ues neden yatin the wale or
Premscs" rota by "Wasod to igs ete 6 oars oF a
fSrroono efor than a
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Filing # 133084569 E-Filed 08/20/2021 10:45:13 AM IN THE CIRCUIT COURT IN AND FOR OSCEOLA COUNTY, FLORIDA LIZ BEDOYA, CASE NO. Petitioner, v. CLEAR BLUE INSURANCE COMPANY, Respondent. PETITION FOR DECLARATORY RELIEF Florida Bar #218261 COME NOW Petitioners, by and through the undersigned attorneys, and hereby sue Respondent and allege: 1. This is an action for non-monetary, declaratory relief to determine insurance coverage as well as the parties’ respective, contractual rights and obligations under a policy of property insurance for and regarding a property loss. 2. For jurisdictional purposes only, the value of the alleged loss is believed to be in excess of $30,000.00, so as to be within the jurisdictional limits of this court. 3. Ataill times material hereto, Petitioners were and are residents of the county of this court and otherwise swi juris. 4, At all times material hereto, Respondent was and is an insurer in Florida. At all times material hereto, Respondent was and is an insurer in Florida. 5. At all times material hereto, in consideration of premiums paid by or on behalf of Petitioners, there was in full force and effect certain insurance policy being Policy number ALO1-141322-00 (hereafter called the "Policy") insuring Petitioners' interest in and to the property located at 3916 Blackberry Circle, Saint Cloud, Florida 34769, (hereafter called the "property"). A DUBOFFcopy of the Policy is attached hereto as Exhibit “A”. 6. The Policy at issue is commonly referred to as an all risk policy which specifically provides that Respondent shall insure against all direct physical loss to the building and separate structures located on the insured premises unless the loss is expressly excluded from coverage by the policy or resulted from the misconduct or fraud of the insured. See, Hudson v. Prudential Prop. & Cas. Ins. Co., 450 So. 2d 565, 568 (Fla. 2d DCA 1984), citing Phoenix Ins. Co. v. Branch, 234 So. 2d 396 (Fla. 4th DCA 1970). 7. Thus, as a matter of law, once an insured shows the "property suffered a loss while the policy was in effect," the "burden then shifts to the insurer to prove that the cause of the loss was excluded from coverage under the policy's terms." Mejia v. Citizens Property Ins. Corp., 161 So. 3d 576, 578 (Fla. 2d DCA 2014), citing Hudson, 450 So. 2d at 568. 8. On or about 8-26-2020, while the Policy was in full force and effect, the insured property sustained a fortuitous direct physical loss (hereafter, the "Loss”). 9. Onor about 8-26-2020, Respondent assigned claim number SWYCBHO10201 to the loss (hereafter the "Claim"). 10. Following the loss, Respondent had certain contractual rights and/or obligations which include Respondent’s obligations to investigate the Loss, and then adjust the covered Claim. ll. By letter dated 8-3-2021, Petitioners requested Respondent to either acknowledge coverage for the loss or explain to Petitioners all reasons why Respondent had not acknowledged coverage for the loss. A copy of the Petitioners' letter is attached hereto as Exhibit "B." 12. Asofthe date of the filing of this action, Respondent has failed to respond Petitioner's letter. 13. As of the date of the filing of this action, more than 6 months after Respondent DUBOFFreceived notice of the loss, Respondent has also failed to notify Petitioner of any of the following: a. whether Respondent is denying or admitting coverage for the claim; b. any reasons why Respondent has not made any payments of insurance benefits for the claim; c. any acts of God that are preventing Respondent from making any payments of insurance benefits for the claim; d. any facts which present an impossibility of performance for Respondent to make payments of insurance benefits for the claim; e. any actions by Petitioner that Respondent contends constitute fraud, lack of cooperation, or intentional misrepresentation regarding the claim for which benefits would otherwise be owed; f. any request for further information from Petitioner before Respondent makes payment of insurance benefits for the claim;. g. the reason why further information from Petitioner is required before Respondent makes payment of insurance benefits for the claim; and h. any other factors beyond Respondent's control which reasonably prevents Respondent from making payment of insurance benefits for the claim. 14. Respondent's refusal to admit or deny coverage without specifying a reason evidences that Respondent believes that it has no specific time or duty within which it is to perform its obligation to admit or deny coverage for the loss. 15. Moreover, the policy does not provide for a specific time limit within which Respondent is to perform its obligation to admit or deny coverage for the loss. 16. Petitioners, however, believe Respondent's obligation to either admit or deny DUBOFFcoverage must be performed promptly and within reasonable time after notification of the loss. 17. Petitioners also believe that Respondent's failure to admit or deny coverage for this loss as of the date of the filing of this Petition without expressing a reason for the length of time is unreasonable. 18. Respondent's refusal to admit or deny coverage without specifying a reason for the refusal affords Petitioner a sufficient basis for a declaratory relief action to establish Petitioners’ rights with respect to coverage for the loss. 19. Petitioners believe there is no express language in the Policy that operates to exclude the Loss from coverage and the Claim from adjustment. 20. | However, Petitioners are in doubt and/or uncertain regarding the actual facts related to the Loss and Claim and their application to an objective reading of the Policy. 21. Similarly, Petitioners believe, but are in doubt and/or uncertain, that a determination of the actual objective facts do not support Respondent's failure to render a coverage decision. 22. Thus, Petitioners have a bona fide, actual, present, practical need for an objective determination to the actual facts so the Court can then make a coverage determination. 23. Under Chapter 86, Fla. Stat., Petitioners are entitled to have any doubt and/or uncertainty removed regarding the existence or nonexistence of a right, status, immunity, power or privilege. 24. And, "the mere fact that the contract is clear and unambiguous on its face does not prevent one from seeking a declaration of his rights under such contract where there exist extrinsic facts which would affect the clear and unambiguous language of the written agreement," See, Caidin v. Lakow, 546 So.2d 788 (Fla 3d DCA 1989). 25. Accordingly, Petitioners are asking the Court to determine the actual facts, apply DUBOFFthose facts to the terms of the Policy, and thereby establish Petitioners' rights to coverage under the Policy. 26. Thus, Petitioners seek a determination and declaration as afforded under Fla. Stat., §86.011, which states in pertinent part: 86.011 Jurisdiction of trial court.--The circuit ... courts have jurisdiction...to declare rights...and other equitable or legal relations whether or not further relief is or could be claimed.... The court may render declaratory judgments on the existence, or nonexistence: (1) Of any ... right; or (2) Of any fact upon which the existence or nonexistence of such ... right does or may depend, whether such ... right now exists or will arise in the future. 27. Petitioners also seek a determination and declaration as afforded under Fla. Stat. §86.021, which states in pertinent part: 86.021 Power to construe.--Any person claiming to be interested or who may be in doubt about his or her rights under a ... contract ... or whose rights, ... or ... legal relations are affected by a ... contract ... may have determined any question of construction ... arising under such ... contract ... or any part thereof, and obtain a declaration of rights ... or other ... legal relations thereunder. 28. That in reading those provisions of Chapter 86, Fla. Stat. in pari materia, Petitioners are asking the court to declare the rights of Petitioners to coverage for the Loss and adjustment of DUBOFFthe Claim under the terms of the Policy. The legislature, in those statutes, has given the Petitioners the right to seek such relief, and the court the authority, to do so. 29. The relief sought by Petitioners relates to a present, ascertainable state of facts and present controversy. 30. The parties' contractual rights and obligations are dependent on a determination of those actual facts. 31. Petitioners are not merely seeking an advisory opinion. 32. Petitioners are not seeking any monetary relief in this action. 33. Petitioners further seek trial by jury of all issues triable as a matter of right by a jury pursuant to Fla. Stat. §86.071. 34. All conditions precedent to the filing of this action have been complied with, met or otherwise waived. 35. Petitioners have been obligated to engage the undersigned attorneys for the prosecution of this action and are entitled to a reasonable attorneys fee thereby pursuant to Fla. Stat. §627.428 WHEREFORE, Petitioners request this Honorable Court enter a declaratory judgment: a. to declare that there has been a covered loss under the policy; b. to declare Petitioners’ right to an adjustment of the covered claim; c. to award Petitioners reasonable attorney's fees pursuant to Fla. Stat. §627.428; and d. to award Petitioners court costs pursuant to Fla. Stat., §57.104, Fla. Stat. DUBOFFPETITIONERS DEMAND A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A MATTER OF RIGHT BY A JURY. DUBOFF LAW FIRM ATTORNEY FOR PETITIONER 680 NE 127 STREET NORTH MIAMI, FLORIDA 33161 TELEPHONE (305) 899-0085 FAX No. (305) 899-0091 CourtDocument@DuboffLawFirm.com By:__/s/_ KENNETH R. DUBOFF KENNETH R. DUBOFF, ESQ. FLA. BAR# 218261 DUBOFFDear Liz Bedoya, ‘Thank you for selecting Swyf for your homeowners insurance. We are conimitted to providing the best service to all our valued policyholders. If you require assistance, please contact us directly or your ageney below Mansi Desai Assured Partners of Florida LLC dba Florida lasurance Specialists 4978050200 Customer-Service@thetis.com Sincerely, The Swy i Team How to Report a Claim All claims for Suyitt Homeowners Policies with coverage provided Clear Blue American Ri information is fresh, Claims may be reported by any of the folowing ‘options 24 hours @ day, 7 days a week to the attention of the New Loss Gait Telephone: B55) 542-0917 Facsimile: (865) 26-0807 Website: Email: reporiacts Regular Mail: North American Risk Services PO Box 166002 Attamonte Spin 5, PL 32716 tn order to ensure proper assistance, itis important to include the potley umber as woll as hame of the insured, contact information and to provide as much information about the loss detalls and involved parties a8 possible, Ap adjuster will be assigned and after the review! provided will make personal same, home a telephone tdentitving the mation such as yo: iaim nurniber and assigned You've gov auestons, weve gor answers ng the information email addresses and akternate wumbers. A cision acknowledgement will be transmitted 855.479.9358 yruw.suytft.com ‘ customersupportaswiytft com ‘Coverage is provided where a premium or lit of Babi is shown forthe coverage, Residence Premises Definition Endorsement HO 05 48 1015 Limitod Wator Back-Up and Sump Discharge or Ovoriow Coverage HO 08 95 ors Arimal Liabilty Sublimit Endorsement HOSWFLOS 0818. (Calender Year Hurricane Deductible (Percentage) With Supplemental Repo Ho 03 51 0513 Deductible Options Notice HOSWONFL — 0119. Polity Number: ALO1-141322.00 HOMEOWNERS: Fungi, Wet or Ory Rot, or Bactria Increased Amount of Section I~ FL HO.03 33 0513 Date of Isue: 10/20/2019 Call Mrs Mansi Desai at 407-805-0200 for Policy Inquiries HO SWDS FL 0101 19 Reasonable Emergency Measures and Duties Ater Loss Ho sw 1 otto HOMEOWNERS POLICY DECLARATIONS Now Business Limited Fung, Wat or Ory Rot, or Bacteria Section Il-Liability Coverage - Florida HO 03 34 0513 "No Section Il Liallty Coverages for Home Day Care Business HO 04 96 1000 mpary Name: Gear Ble Insurance Company (Ordinance and Law Coverage Notification Form Ho sw 12 0318 froduca Name Gayo Ordinance or law Amended Ameunt of Coverage Ho Sw 08 0318 Personal Injury Coverage - Florida Ho 24 83 05 13 med newred: La Bedoya Personal Property Replacement Cost Loss Settlement - Florida HO 23 88 0513 ‘Seasonal or Secondary Owellng Endorsement Ho sw10 or 9 ing Areas: 5076 Blakbary Cr sil Provisions -Flocda RT eo ‘Special Provisions - Ford HosWwotT09 ——ar19 Hurricane Deductible: 2.00% of Coverage A ($4,568.00) [The Insured Locaton Is Located At The Above Adsross Unless Othonwise Stated ‘loiter Paris Duetww: $4900 Policy Period Yaar fEecte bate: soonzoi9 120 AM standard ie atthe insured location [Section t+ Other Insured Locations (Aderess) piration Date:_ 10/30/2020 41201 AM standard time atthe insured location Morigagee(e}Lienholder(s) [ie wil pravide ha insurance desorbed In tis poley in relun forthe pramium and camplance wih ail Name Address Coan Number lepplicabie policy provisions, [Select PortoKo Serving ine, [PO Bax 7728 71414793 [SAGA ATINA ingfeld, OH 45504 ome And Endarsomonts Made Part OT This Paley {Numbers} And Edin Oato(s)) Homoouners Poley Declarations HOSWOSFLOT “Table of Conterts HO SW FLO7 Homaouners 3 - Spocial Form 0.0003, HO SWDSFLOt01 19 includes copyrighted matorials of ISO, Inc, wth ts pemission. ote 1218 0511 Page tof3 Ho SWDSFL 0101 19 Section | Coverages Tin OF babity Dwaing 5 2287300 resus ae Loss Payeols)- Personal Propery Personal Property 60,000 Je Parone Fe Spee (Name and Adaross of Les Payee and Personal Property Invohed) ‘Seaton I= Coverages g sa Ran a aE Sel HES FE Personal aby 5 300,060 Each Oosurende F Medical Paymonts To Omer 52,000 Each Porson ‘Section IT Aadianal Coverages (a fier Bacup 5 5.000 s s ‘Subtotal Annual Premium, s 1.10.00 NGA Foo 525.00 Faida ENPA 5200 Total Annual Premium and Fees 54.1370 Total Huriane Premium 469.48 Total Non-Hurricane Premium 640.52 EXHIBIT uA" Includes copyrighted matoras of ISO, Ine, wth ts pormision. Page 2 of 3Countersignature OF Authorized Represenave Tiree resin Tara Rosie Sahara Presdont CcomoateSoeeary 000, Supt, LLC feinaure: ry CLEAR BLUE INSURANCE COMPANY Z2 off fy 7 < RAL PM ASL Lv SWYFFT VOLUNTARY HOMEOWNERS MULTI-PERIL PROGRAM Date: sorer019 rorarz09 sorze2019 POLICY TABLE OF CONTENTS A rate of adjustment of -6.00% has been applied to the windstorm and hail premium to reflect the Building Code Effectiveness Grade in your area. Adjustments range 1 HOMEOWNERS 3 - SPECIAL FORM Page from 1% surcharge to 12% credit. A. AGREEMENT. 4 THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE 8. DEFiNTIONS 4 LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES €. SECTION | PROPERTY COVERAGES 3 TO YOU. D. SECTION! PERILS INSURED AGAINST ° LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN E. SECTION | -ExcLUSIONS ® IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. F. SECTION | -conomons 8 PLEASE DISCUSS WITH YOUR INSURANCE AGENT. . SECTION -UIABILITY CovERAGES " FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE He SECTION EXCLUSIONS " PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S 4 SECTION I~ ADDITIONAL COVERAGES 2» INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE K. SECTION -conomons 2 RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD & SeeTiONS tan te conommons ~ = INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. 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. Ho SWFLO7 12 18 Page of HOSWDSFLOI01 19 ncudoscopyrtied mata af IO, no, wih ts pemision Page of HOMEOWNERS no ooos05 11 HOMEOWNERS 3 - SPECIAL FORM AGREEMENT We wil provide the Insurance deserted inthis policy In rotum for the premium and compance wih all ‘applicable provisions ofthis poley DEFINITIONS A Intis policy, "you" and "your refer tothe "named BB. Inadgtton, cartain words and phrases are defines 1. "Airco Lisbilty’, "Hovercraft Lisbiliy", "Motor Vehicle Liatilty’ and. "Waterect Listy’ subject tothe provisions in. Below, moan Ihe tallow: 1. Llabity for "boaly injuy” or “property damage" ansing out of he (9) mart of such vil or at by en 2 atone, eccupancy, operation, ing or unleadhg of such Vehiao orca by any posa; (3) Enusiment of such vehicle or erat by {an insured” to any person; (4) Foire to supervise or negligent supervision of arly person. involving sueh void or era by an Insured (6) Viearious sablty, whether or not Imposed by law, for the actions of 2 thd or minor invevng such vehicle or af, '. For the purpose ofthis desntion (1) Airerat means any contrivance used or Gosignad for Beit oxcopt model or hotby areratt net used oF designed fo carry people of cargo; (2) Hovererat’ moans a _salt-propetlos mretorized ground. fect ‘vehicle and ioludes, but 1s not lined to, ferecrah ‘nd ar cushion vehides, (2) wa fans a erat prinepally ‘designed fo be propeted on or in water by wind, engine power or elecine meter, and (4) Motor vehicle means a "motor vehicle" 8 detned in 7. bo!ow, Ho 00 03.0511 © insurance Services Orfce, nc, 2010 2, “Boal inury’ means bodty harm, sioness ot disease, inctuaing roqured cats, loss. of Services and doath that resus, 3, "Business" means 2. A trade, profession or occupation engaged In on a fulltime, partie or cevasional Dosis; or . Any other acowty engaged infor meney oF ‘tir compensation, excopt he flowing: (1) One of more actives, not described in 2) theough (4) botow, fer which no “inured” raceives more than $2,000 total compensation for the 12 months Dotore the bogmnirg of the pouey, pone; ) Vole: aciaes tor which ro money fecolved other than payment for ‘expenses inoured to. perform he aciwiys (®) Providing home day care services for which no ‘compensation. is receWved, ‘ther than the mutual exchange of suet (#) To rendering ot nome day care services fo a alative of an "insures yee" means an employee of an Teasing frm, whose duos ae ether than these perfermed By a “residence employee” insured" means: 1, You and residents of your household who (1) Yourrolatves; of {@) Other persons under he age ot 21 and In your caro oF tho care ofa rasident ot your housenold whe is yourrelaive: . A student enrlled in school fuse, as dofned by the schoo, who was. resident your househela Botere moving out 70 fattend school, provided the student Is naar me age ot (1) 24 and your relave; or Page 1 of 24 (2) 21 and in your care oF the care of a Tesident of your household who is your relate; or (Under Section i (1) Wath respect to animals or watereat 0 hich this pokey apples, any person or exganvzation legally rosponsibio ter these animals of watercraft Which are ‘owned by you or any person described in 5.8. of Binsured dovs net moan 8 Person or organization using or having fustody of these animals or watercraft In the’ course. of any business" cr without consent ofthe ouner, er @) Win rospod to a “moter vehicle™ 10 which this potey apetios: (a) Persons while engaged in your employ or that of any "person Sseserbedin S.a or bof (©) Other persons using the vehicle on fan eure’ locaton” with your Consent Under both Sections 1 and I, when the werd an Immediately precedes the word “nsured, the Words an "nsured” together mean ene oF Mere “insureds 6, “insuredccaton" means: 1 The "esidonce promisos", '. The part of oiner premises, other structures {and grounds used by you'as a residence: and (1) Yoricnis shown in the Declarations; or 2) Winch Is acquired by you during the poley poriod for your uso as a Fesdonce, ‘6 Any promises used by you in connection ‘wh promusos doscnbod in a. and b. above; Any part ota promises: (1) Not owned ty an “ensuroe an @) Wma an “hsured Is Yemperenly residing: ‘. Vacant land, other than farm land, owned byorrontodie an insured Land owned by or rented to an thsured" on which a one, two, thxos- or Tourtornly {ueEIg is Being Bult as a residences for an “insured Page 2 of 24 (© Insurance Services Offce, nc. 2010 {9 Incbvcual oe tamiy cometery plots of burial vaults ofan insured"; or th. Any part ofa premises occasionaly rented fo\an ‘insures for other than "business “Motor vehicle” moans: 9 Ast propoted and ecamehitious voice: bs ay. tor Sprain is boing Carried on, towed by or Hitched for towing Syavohie desamedn a above Oceurtenes” means an accident, nduding continuous or repeated exposure to Substantially ‘the ‘same general harm Conditions, which resuts, dunng the policy peri, in 1, "Boi injury"; oF ». “Property damage’. “Property damage" moans physical jury to, dosttucton of, er loss of uso of tangle property “Residence employee" means: An employee of an, “insured", or an ‘mployee leased to an “insured” by @ labor Teasing trm,under an agroement botwoon fan "ineuted” and the laber leasing firs, Whose ates are related to. the ainionence er use of the "Yesidence premises", cluding household or domestic 'b. One wo performs sitar duties elsewhere fot related to the “Dusness” of an “sured [A ‘Tosidonco omployse" does not indude o femporary employes who Is furnished to an “insured” fo. subsbtute for permanent “residence employee" on leave oF 10 meet seasonal or shor-tm workload conatons, . "Residence premises” means: ‘4. The onosamily dwelling where you reside: 'b. Tho two-, throo- or tourtamily eweling where you reside in at least one of the famiy unts;or That part of any ofr bulking where you land which Is shown as te “Yestdence promises" Inthe Decaratons. “"Residonce premises" also mcudes other siuctures and grounds a thet location, Ho 00 03 05 11SECTION! - PROPERTY COVERAGES A. Coverage A - Dwelling 1. We cover: ‘The dweling on the “residence premises shown inthe Declarations, inauding Smrictues atacheae tne dwoling: and '. Matenals and supplies located on or next to the "Tesidonce premsos" usod to censtuct, falter of repair the. dueling or other SrUctures on he “residence premises” 2. We do not cover land, incuding land on which ‘he dvelings located B. Coverage 8 - Other Structures 1. We cover other structures on the “residence promises" sot apart fom tho aweling by dear Space. This Incuides structures consiectod to ‘he dwaling by only @ fence, ubity line, oF Similar connection, 2. We do not cover: 4. Land, cluding land on which the other ‘Ststutes ae tocated . Other structures rented or held for rental to ‘any person net a tenant of the welling, Unless used solely as a private garage; ‘Other structures rom which any “business 's conducted, or ©. Coverage c— sonal Property 1. Covered Property \We cover personal property owned or used by fan “eurod" while is anywhere fv tho word After a oss and st your request, we wil cover personal preperty ned by. 8, Others while the propery s on the port ot the "residence premises" occupied by en ‘ingued 1b. A guest oF a “residence empoyae", while ‘he property gin any residence occupied by an "insured" Limit For Property At Other Locations. 8, Other Residences (Our mt of bitty tor porsonal propery ted at an “nstrode” roscanes, foner than the. “residonco promises", 10% of tho lint of lab for Coverage fF $1,000, whichover is greater. However ts limitation does. not apply to personal property (1) Moved tom the “residence promises” because is {@) Being repaited, renovated or rebuilt and {(b) Not it t0 Ive in or store property i 2) ina nomy acquired prnapal rosence 1. Other structures used to store “business” tor 30 cays tank mn tine you booth wo reper. Hotere de cover a stu Move the rope the ‘hat contains. "business" propery. sol! Domed by an Traureg or Yona of Ne », Seltstorage Facies ‘awoling, provides that “business propery (Our lit of liabilty tor personal propery ‘does notinclude gaseous or bquid. ful, ‘owned or used by an “neured" and located iter than fuel in 3 permanently installed Ina self-storage facty 15 10% of te hit {ua tank of a yohide oF crak parked ‘of ‘abilty for Coverage C, or $7,000, stored nthe suet Wwhichover is greater. Howover, this 3. Tholimt ofllabaty to this coverage wit not bo limitation does “not apply to personal frete than 10% of the. bmi of lab tat ropety apples to Coverage A. Use of tis coverage (1) Moved tom the “residence promises* ‘does. not reduce the Coverage A. li because is ‘ety {@) Being repaited, renovated or rebut and (b) Not ft to lve i or store property in (2) Usually located in an "nsured's™ residence, other than the “residence promises Ho 00 030511 ‘© insurance Services Otte, ne, 2010 Page 3.f 24 Page 4 of 24 3. Special Limits Of Liability ‘The special lit for each category shawn below is the total Ime for each loss for a Dropery in that catagory. These special its Sonot ncrease the Coverage C km of labuty. {$200 on money, bank notes, bulion, gold ther than-goldware, siver other” than siverware, ~ platnum other than Platnumware, coins, medals, sonp, stored Nolue cards and sma! cards . S1s00 on secuos, accounts, ots, evidences of debt, liters of credit, notes Giner” ton, bank “notes,” manusret, porsonal records, passports, tloksts and Eamps. Thus doll’ im appios to tose {atageris ragardoss of the medium (sun ‘3s paper or computer sofware) cn wich the matenal exists This limit Includes the cost to research, replace or restore the information from the lost or damaged mater «6. $1,500 on waterrat of all types, including tnair walors, tumishings, equipment and ‘outboard engines or motos. $1,500 on trallers or semialers not used wth watorerat otal ypes. $1,500 for loss by theft of jowoly, watches, {urs precious and semiprecious stones, 4 $2,500 fer toss by theft of freams and related equpmert. {9 82,500 for loss by thet ofsverware, siver- Plated wore, goldvare, gold-plated ware, Platnumware, patinanspated ware and a made of cr including sive, gold or pewer $2,500 on propery, on the “Yesidonce Promises", used prerly tor “business” purposes. 4. $1,500 on property, away trom the "Tesidonee promises", used. primary or "business" purposes.” However, 5 limit oes not apply #0 antennas, topes, wee records, else or other mac that ar! (9 Uses wn alectone eager, et 3, reoalvas or transmis aude, wot or dota gai; and 2) In or upon 9 “motor vehice” J. $1,500 on portable electronic equipment that: (1) Roproduces, rocelwes or transmits ‘audio, visual or data sionals, (2) ts cosigned 10 be operated by mote tan one power soures, ane of which Is fe "mater velucle'e” elaccal system: ane {@) 18 mor upon a "motor vehicte™ $250 for artennas, tapes, wares, records, dlsks oF ether moda hat aro (1) Used wih electronic equipment. that reproduces, recolves cr transmits oud, visual or data sgnals; and (2) tn crupon a “metor venice” ‘4, Property Not Covered We do not cover: 4 Aries separately described and ‘pociicaly insured, regardless of the leit {or which they are insured, in this or thor “Animal, birds oF sh "Motor vehicies’ ‘This includes a “meter vehicle's" equipment and paris, Howover, this Paragraph 4.0 {ces not apply to (1) Portable electronic equipment that: (8) Roproduces, receives or transmis ‘ut, sual o data staal; and () Is designed 50 that it maybe ‘operated from a power source other than a "moter Vehicles” elactncal sytor (2) “Motor vehicies* not requlred to be regsiered for use on public roads or property which are: (a) Used solely o service a residence: oe (6) Designed to assist tne nandlcapped, 4 Arcrat, moaning any contrivance used oF osigned for Might, including any parts lwhamar or not atached tthe area. We do cover model or hobby airraft not Used or designed 'o cary poople or cargo, ©. Hovercraft and parts. Hovercraft means a taracraft and acu 1. Propery of roomers, boarders and other fenamts, except property of roomers and boarders related fo an insured"; © insurance Services Offc0, ne, 2010, Ho 00 03 05 41 @ Property in an apartment regulaly rented Furnishings ‘under Section 1 — Proporty Coverages: hh Property rented or hold for rental to otors cotftne “Fosidnica premises" 1 "Businoss" data, ncuding such data stored (1) Books of account, dravangs or oer paper records; (2) Computers and rlated equipment eo cover he cos ot lank rocrng ot storage moda and ot pro onuter programe mala én to Tal mrarket J+ Creat cards, electronic fund transfor cards for access dovioes used solely for depost, ‘withdrawal or tencter of funds exoopt os provided in E6. Cred Card, Electronic Fund Transter Card. Or Access. Deviee, Forgery And. Counted Money undor ‘Section! = Property Coverages: oF Water or sioam, D. Coverage D - Loss Of Use “The lim of lal for Coverage Dis the total int forthe coverages in 1. Addiional Liing Expense, 2. Fae Rertal Value and 3. Ch Author) Prohibts Use Below, 4, Adaltional Living Expense Ita loss coverod under Section 1 makes that pat of tho "rosidonce promises" where you feside not Rito lve in, wo caver any necossary Increase in ving expenses incurred by you so ‘hat your housoneld can manta te normal standerd ofiiving Payment wal be forthe shertest time required {0 Tepar oF replace the damage or, f YOU Permanently “relocate, the shortest time fequred for your housoteld to sate, flsawnere, Fale Rental Value Ita loss coverod under Section 1 makes that art of the “residence premises” rented to ‘thers or held for rertal by you not ft ive i Wwe cover the tar ental value of such promises Joss ary expanses that donot continu wale ‘snot Rito bve In Payment wal be forthe shertest time required {0 repat of teplece such premises. » 3. CML Authority Prohibits Use ‘t@ evil authorty prohiots you trom use of the ‘resoonce rene! 8 3 resut ot ect jamage to neighbomg promises by a Perl thoured Against we cover ne loss 2 prowdod In 4. Adgtonal Loving Expense and 2. Fat Rental Value above for no mere than 40 weeks. 4, Loss Or Expense Not Covered We do not cover toss or expense due 10 Canoolaton of a lease or agreemen. ‘The periods of time under 1. Addtional Ling Expense, 2. Fair Rontal Vale and 3. Ci Auttorty Prohibits Use above are no! led by fexpration of is pokey. E. Additional Coverages 1. Debris Removal ‘, We wil pay your reasonable expense for the removal ct (1) Debris of covered property ta Pont Insured “Agamnst that applies tothe rene oper cases he oso ) Ash, dust or paricies ftom a volcanic ‘ruption tat Hes caused doco 0 @ building “or propery conianed no bulaing. ‘This exponse Is incuded in tho tint of iabaty that applies to the “damaged property. If the amount fo be paid fr the ‘actual damage fo the property plus the debris removal expense is more than the lim of tabaty for ho. damages property, fan adational 9% ofthat vt is ava for such expense, . We wil also pay your reasonable expense, Lup t© $1,000, for the removal from the “Yesidence premises” of (1) Your trees felled by the pert of Winesterm or Hall or Weight of Ice, Snow of Sloot or @) A nalghoors trees felled by @ Pen! Insured Against undor Coverage €: provided the toes: (6) Damage a covered structure; or (4) Do not damage ® covered structur ut (@) Block a diveway on the "Yesidance promises” which provents a "motor ‘Yeh’, that is registered for use on Buble. Toads or propery, ‘rom fentering or leaving the “residence promisest;or Ho 00 03.0511 © insurance Services Otc, nc, 2010 Page Sof 24 Page 6 of 24 (B) Blow a ramp or other theure destined to assist a handicapped person fo enter or leave the dueling buang. ‘The $1,000 lint isthe mast we wit pay In any one loss, rogardess of the number ot en feos. No rere than SSO0 of tis it vallbe ald forthe removal of any one ras, This coverage is adtional insurance, 2, Reasonable Repairs ‘a. Wo wil pay tho reasonable cost incurred by you for tho necossary measures. taken Solely to proea covered property that Is Gamagod by a Pont insurcd Against tem Sicher damage. . if the measures taken involve repair to cher damaged property, we will onty pay it ‘ht prepary Is coverad under tis paley ‘and the damage is caused by a. Port Insured Agant. Ths coverage doos no: (1) Inecoase the tm of abilty that appes tothe covered propery, or (2) Relieve you of your duties, in case of 2 loss fo covered propery, deserted in (Cat. under Section I= Condions, 3. Trees, Shrubs And Other Plants We cover roes, struts, plants or lawns, on the “rostdonco premises", for loss caused by the fellowng Penis insures Aganst Fe or Lightning; Explosion; lot of Chl Commotion Avera Vehicles not owned of operated by a residort of the “residence premises"; {4 Vandalism or Malisous Mischiof, or 9. Theft Wo wa ay upto 55 cto tt of aby ot ‘We do not cover propery grown for “business” purposes. ‘This coverage is additonal insurers. 4. Fire Department Service Charge We will pay up to $500 for your labity gesumed by consect F fgroerent for tre doparment charges incurred when the fre ‘doparment is called Yo save oF protect Covered. propery tom a Pert Insured Against. We do ‘ot cover fe department service charges ithe property is leeated win the lim ofthe Sty, ‘muniepalty or protecion «tit fumsshing he fre deparment response. ‘This coverage addtional insurance, No degucible applies to his coverage 8, Property Removed we insure covered property against cited oss. from any cause while belng ermoved trom & premises endangered by a Perl insured ‘gaanst and for no mere than 30° days while removes, “This coverage does not change the tint of labiny. that apples 10 the Property bang removed, 6. Credit Card, Electronic Fund Transter Card Or Access Device, Forgery And Counterfeit Money We wil pay upto $500 for (1) The logal ebigaon of an “insured” to ‘ot the thet of Unauthorized use of evedt cards fesued to or registered nan “insureds name; (2) Loss resuting fom theft oF Uunouthorized Use of an electronic fund ‘wanstor card or accoss device Usod for dopost, wha or transtor of funds, Issued to or registered mn an nsurod's? (8) Loss to an "insured caused by focgory (or altoration of any check or negotiable instrument; and (4) Loss to an “insured” through ‘cegptance in good fath of countertet Unted States er Canadian paper ey. Al logs resubing trom @ series of acts ‘commited by any one person oF in which ny one person 15 Concemed or Imphcated Is considered to b6 one loss, (© Insurance Services Offce, nc. 2010 Ho 00.03.05 11This coverage i addtional insurance. No deductible apis to tis coverage. bb. We donot cover: (1) Use of a creat card, slectronte fund ‘wansfor card or access devi: {@) By. resident of your household; {(b) By a person wiiohas been enirusted wath ether type of card or accoss Setlce: {c) tan “insured” has net comied wit altos and condhions under which ‘the cards ae Issued or the devices accessed or (2) Loss arising out of “business” use or shonosly ofan “insured” It tho coverage in a. above apples, the fallouing defense provisions aso apply (1) Wo may rvesigto and sete ay claim ‘hat we decide is approprat. Sur trys doer etary of as ones ‘when the amount we pay forthe oss equals our limit of hat, (2) Ita sut is brought against on “insure” ‘or liabikty under a(t) oF 2) above, we vil provide a datense af cur expense By ‘counsel of our chee, {@) We have the option to defend at our expense an "insured or an "insureds" bark against’ any sul Tor the enforcement of payment under a.(2) above 7, Loss Assessment ‘We will pay up to $1,000 for your share of logs assasement chargod during the pelicy [Pend against you, a8 owner or tenant of tno "osidencs premises”, by a corporation fo assoaation of property. owners. The lassostment musi be made ae a resull ot direct loss to. property, owned by all ‘members collectively, of he type that would be covered by thes poboy i owned by you, caused by @ Peel Insured Against under Coverage A, other an: (1) Earthquake; oF (2) Land shock waves or tremors before, ‘rng of ater volear eruption. ‘The it of $1,000 isthe most we wl pay wih respect 10 any one loss, regardiess of ‘he umber of assessments. We wil only ‘apply one daduetble, por unt, to tho total 1 oss 10 tho property escibod above, regardiass of the number b. We do not cover assessments charged ‘against you oF a corporation or association of propery owners by any governmental body. ©. Paragraph Q. Posey Period under Section 1 = "Conations does rot apply "0. is ‘overage, This coverage is adtional insurance. collapse a The coverage provided under tis Adgoonal Coverage Colapse ops ‘only f0 an abrupt cali Forte pups offs Mating Coverogo = Collapse, abrupt collapse means an ‘abrupt faliig. down ‘or caving in. of 3 bullang or any part of a bulding win tho fosult that the buldng or part of the Dullaing cannet be oocupled for is tended purpose. & This Adon Coverage - Cotonse doos net apply (1 bung or ay pao tng nt sin danger of tating down or caving in par of he bulding; or (8) A buleing oF any part of a buling that 's standing, even if shows evidence cradeng, bugng, sagging, bending, leaning,’ seting, shenkage of coxparsion, 4. We insure for direct physical loss to ‘covered propery involving aorupt collapse ‘of 2 bullsng oF any part of bulcing i such collapse was caused by one or more ofthe felloning: (1) The Perils insured Against named Uundor Coverage C 2) Decay, of a bulding oF any part ot a buiiing, that is hidden fom view, Unless the presence of such decay’ Is known to an insurod” porte colapse; (@) Insect or vermin damage, 10 a bullang for any pat of a bulding, that is hidden ftom View, unless the presence of such damage is known fo an insured” prior ‘ocotapse; (4) Weight of contents, equpment, animals cor people; Weight of ran which cofects on a root (6) Uso of detective material or methods in construction, remodeling or renovation | the collapse ceours during the course of ‘the "construction, remodeling of renovate, ©. Loss to an_auming, fence, patio, deck, Pavement, synmming pool, underground fue, drain, cesspool, septic tank, foundation, retaining wat, bulkhead, pier. Wihart of dock Is nat Ineided Undor a2) Trough (6) above, unloss the loss 1s a ‘rect result of the collapse of 8 bulking of ‘any par of a buiding. ‘4 This coverage does notinerease the init of labarty “that applies to te damaged covered propery. 8. Glass Or Safety Glazing Material a. We cover! (1) The reakage tls or sty lang ‘whveh 15 par of @. covered butang, stom doer storm window, 2 the wreakage ct glass or satoty lazing ratent art tung, sor doc er som ‘now when "caine recy” By” corh 6) Te dre rye! us to onered Properiy caused solely by the pieces, ‘ragments or spinters of broken giass or safety glazing material whic is part of @ Bulag, storm door or storm window. 'b. This coverage doos not ncude loss: (1) To covered property which resus because the giass or safety glazing matenal has Boon broken, oxcopt as Provided in a3) above; oF 2) On tho “tosidonco promises” it te Awollng has bocn vacant fer more than 60 consecutive days Immediately before ‘the loss, except when the breakage reaulis drecty fom earth movernert 5 Provided in a2) above. A aweling Bong consinicted snot considered vacant {This coverage does not ineroase the it ot lebity “that applies. to the damaged Property. 10. Landlord's Furnishings We will pay up to $2,500 for your appliances, rpeting and omer heuseheld Renishings, ‘each apartment oh tha "raskdonco premsas" ‘ogulary rented or ald tor rental fo ethers by fan sured, for loss caused by a Pet Insured “Tis lini i the most wo Wil pay i any one: loss regardiess of the numbor of apouancos, carpsting or other Nouschold mishings snwaved inte loss, ‘This coverage does net inerease the mit of ‘abit applying tothe damaged property 11. Ordinance Or Law 4 You may use up to 105 of the mit of liabaty that apples to Coverage A tor the Increased cosis you incur duo to the ‘enforcement of any ordinance or law which requires or regulates: (1) The construction, demotion, remodeling, renovation or ropar of that Pan ot 8 covered. buling or omer Stucture damaged by @ Pent insured Against (2) The demotion and reconstruction othe undamaged par of 9 covered busing ‘or other srucure, when that buling oF cher stucue must” be orally Somelished because of damage by Ped Insured Against to anctnor part of that covered bulding or other structure; (@) Tho remodeling, removal or replacement of the portion of the undamaged par of @ covered busing or other. Structure necessary complete. the romodoling, reper oF Feplacemont of that part of the coverad bulking or otter stucture damaged by ‘8 Ponl Insured Agamst '. You may use all or pat ofthis ordinance of law coverage fo pay fore inreased costs yeu incur fo remove debe resuting trom ‘he consinucion, demotion, remodel Fenovaten, repair of replacement propary as stated in a above, We do net cover (1) The loss. in. valve to any covered bulling or thor structure due to the Tequroments of any ordnance or law, (2) The costs to comply wih any ordnance of law which requires any “Insured” oF thers to fest or, monter, clean up, remove, contain,” treat, detoxty or of ‘ny covered building or other structure, of assessments ‘Agent n Coverage C, other than The Ho 00 030511 ‘© insurance Services Otte, ne, 2010 Page 7 of 24 Page 8 of 24 @ insurance Sorvces OMe, ne., 2010, Ho 00 03 05 41 Polutants moans any solid, qu, Howover, If te buldng Is protected by For purposes of this provislon, a (Ww) Pumbing, heating, air gasocus or thermal imtant of Contaminant, incuding. smoke, vapor, Soot, umes, acids, alkals, chemicals ‘and waste, Wasto neues materials tO bo recycled, recondtionod or redalmed. “This coverage is adtional insurance. 12, Grave Markers We vil pay up to $5,000 for grave markers, incuding mausoleum, on ot away from the “rosidence premises” for loss caused By @ Pen Insured Against under Coverage €. ‘This coverage does net increase tho lnts of \abity that-apply to tho damaged covered property. SECTION! - PERILS INSURED AGAINST ‘A. Coverage A - Dwelling And Coverage B — ‘Other Structures 1. Wo insute against arect physica loss to property desorbed n Coverages A and B. 2. We do not insure, however, fo loss ‘a. Excluded under Section | ~ Exclusions; ». Inyoling collapse, ietuding any of the folowing conditions of property or any part cof the property (1) An abrupt faing down or caving (@) Loss of structural integnty, inetuding separation of parts of the property or propery in danger of faling down or ‘aving n;or (8) Any "cracking, bulging. sagging, bonding, loanrg, seting, shrinkage of expansion a such condi relates to (1)or @) above; ‘except 9s provided in £8. Collapse under Section = Property Coverages; oF ©. Caused by: (1) Freezing of @ plumbing, nesting, ae conatonng of automate tre protective Sprinkler systom or of a. household ‘apBlance, oF by discharge, leakage or Used reasonable care to (a) Maintain hoot nthe bulaing; er (&) Shut off te water supply and dan al systems and appliances of water. Ho 00 03.0511 © insurance Services Orfce, nc, 2010 fn automate fre protective. spnkler system, you must use ressonable care fo contnue the Water supply and frastan “heat in the buleing for ‘coverage to apply For purposes of this provision, @ puméing system or housohold ‘appliance does not include 3. sump, imp pump or related oqupment or & ‘oot fain, guter, downspout or sirfar ‘ncures or equipment; (2) Freezing, mnawing, pressure ce weight of te of les, whethor driven by Wind OF net, to@ (0) Fence, pavement pat osvning o Foor, eundaton, brood, wa any ether structure or device that Stop alter ptt ot Buln. oe ‘other sueture (6) Retainng wall or bukhead tat doos ‘ot support al or part of a bulcing or ‘ther structure; of (@) Pier, wharf er dook: (@) Thett In er to a aveting under construction, or ot matonals and SSUPpBOS for Use In tho constuction unt ‘he dwoling is fished and cccupiod, (4) Vandalism and maicious mischit, and yy ensuing. ‘ot considered vacant (6) Mold, unas of wot rot Howover, wo do insure for 1088. causod” by Tol, fungus or Wet rot that Is hidon wathin the. Walle of collngs. orb Teor ot ahve ho “cot ot a re Hf such Joss rests. From she ‘cedortal| Gecharge or overtow "et ‘Water or steam from win (@) A plumbing, heating, air condoning fr automatic fe protective sprinkler ‘ystom, of a Nousohold appliance, ‘onthe “residence premises", oF (b) A storm drain, of water, steam or ewer pipes, of the "residence promises Page 9 of 24 plumbing system or household mp pump of related equlpment or a tool dain itor, sowspaue or slat Sure or equipment, or (6) Any of th talowang: (@) Wear and tear, maring, {eteroration; (©) Mechanical breakdown, latent Sefoct, erent vice or any quakty property that causes 10 damage of Sosy its {€) Smog, rust or chor comosion, oF dy rat: (8) Smoke rom agrioultural smudging or inaustral operations; {e) Discharge, dispersal, seepage, rrigratien, release or escape. of polutarts Unioss tho “cscharge, Slsporeal, "seepage, Foibase cr oscape is ' Peni insured Against named under Coverage ¢. Batirants moans any sl, qui gaseous or thermal Srommart, ‘tecudhg ” eroks, Vapor, sect) fumes, acids, alll, chemicals and. waste.” Waste includes matonals t0 be recycied, Fecondioned or reamed; ( Setting, stinking, bulging of expansion, including resutant cracking, of bulteads, pavement, patios, footings, feundatons, walls, fos, roots oF cotings; (a) Birds, rodents orinsects; (h) Nesting or infestation, or discharge or roloase of waste Products oF secretions, by any animals; of (W) Arsinals. owned or Kept by an Snare Exception To 46) Unless the loss is ctherwise excluded, we cover loss. 10. property. covered under Coverage Aor B resulting. from an Accidental discharge or overtow of water ‘tears ern tna (Storm grain, or water, steam oe sewer pipe, off the “residence premises"; o Page 10 of 24 (© Insurance Services Offce, nc. 2010 conditoning or automatic fre protective -spnnkler sysiem or household “applance onthe “residence premises". | This Includes the oot to tear out anc roploco any part ofa bulding, or thor suctte, on he “residance ‘only won Necessary to repair the system or Spplance. However, suc ‘oar ut and replacement coverage ‘nly apples fo other structures the water of steam causos actual damage to a bulding on the “residence promises We do not cover loss to the system or ‘appliance rom which ths water er steam escaped. For purposes of this provision, plumbing system or houschold appliance does not Include @ sump, sump pump or related equipment “ora. root dan, outer, ‘ewmspeut or sinvaetacures or equpmert. Section |= Exclusion A.3. Water, Paragraphs {. and. thet apply fo surface water and water Dow he surface ofthe ground de not apply 10 lose by Water covered under ¢49) and (6) ‘above. Undor 2b. and ¢. above, any ensuing loss to propery descned in Coverages A and B rot Drecluded by any otner provision i ths poly S covered, Coverage ¢ —Personal Property We Insute for dite physical loss tothe propery dosetbed in Coverage € caused by any of ihe following penis unloss the toss 1s oxduded in Soction = Exclusions, 4. Fire Or Lightning 2. Windstorm Or Hail ‘This porll includes loss to watercraft of all ‘ypes and thok talrs, furishings, equipment, ‘and outboard. engines or motets, only wile inside a fully enciosed buling, “This pord.doos net include oss tothe property contained a bulcing caused by ran, snow, Sloet, sand of dust unloss the arect force of \wnd of hall damages the bulang causing an pene 9 06 wal aed he rai, show ead or dust enters through ths opening Ho 00 03 05 11° Explosion Riot OF Civil Commotion Airerar. ‘This pon cludes selt-propeled missiles and spacecraf. oe 10. Fating Objects ‘This peal does not Indude loss to property conten a bung ures he oe an Dutside wall of the buling is frst damaged by. ang ‘cbjoetBartopete Me tang oe sal isnot included 6. Vehicles ‘11, Weight Of Ice, Snow Or Sleet 7, Smoke ‘This pen means weight of ice, snow or slect This peal means. sudion ond sedan ‘hi cates drage fo opety conned dlmage tern sno, eld tno onistan ot sbutaes ppuffeack of smoke, soot, fumes or vapors from 42, Accidental Discharge Or Overflow Of Water [ooter tence o'eotd oqapment eee ‘This perl does not ickide loss caused by @ This penl means accidental discharge or Srete toot agneutua emiigng or nau cvertow of witr cr seam Yorn wifi & operators. ftorting,"neaing., oF consents 8 Vandalism Or Malicious Mischiet Eton re petoive siiersyiom or 3 omit oNovsehod apptance. a ips Peril includes attempted theft and loss: 1b. This pen does not include loss: ‘of property from a known place when it is. (1) To the system or appitance from which iketyter he propery hes Boon scien ‘ho war erator secape: b. Tht port doos not nue oss caused by ) Caused by or resting tom roeang et Groipt ae ronded nl Pont Ine (1) Corto by an “sue: Aoenet 14 Pecans {@) nto dweling under construction, or 2) One residence prerinee cuted ty of meterils and suppts fr so nthe aceirtl dachrge of overo vi construction until the dwelling is finished Pre sew occupied (4) Case by me, soe or wet rt “ian ne wale or (©) From tat pat ot a Yoatsnco ues neden yatin the wale or Premscs" rota by "Wasod to igs ete 6 oars oF a fSrroono efor than a