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  • ANTHONY DAVIS J VS SECURITY CONTRACT & INDEBTEDNESS document preview
  • ANTHONY DAVIS J VS SECURITY CONTRACT & INDEBTEDNESS document preview
  • ANTHONY DAVIS J VS SECURITY CONTRACT & INDEBTEDNESS document preview
  • ANTHONY DAVIS J VS SECURITY CONTRACT & INDEBTEDNESS document preview
  • ANTHONY DAVIS J VS SECURITY CONTRACT & INDEBTEDNESS document preview
  • ANTHONY DAVIS J VS SECURITY CONTRACT & INDEBTEDNESS document preview
  • ANTHONY DAVIS J VS SECURITY CONTRACT & INDEBTEDNESS document preview
  • ANTHONY DAVIS J VS SECURITY CONTRACT & INDEBTEDNESS document preview
						
                                

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Filing # 120414684 E-Filed 01/28/2021 01:20:04 PM ANTHONY DAVIS JR., Plaintiff, Vv. SECURITY FIRST INSURANCE COMPANY DBA SECURITY FIRST FLORIDA, Defendant. IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FL CASE NO. 05-2020-CA-024628 / NOTICE OF FILING EXHIBITS 1B THROUGH 3A TO PLAINTIFF'S RESPONSE AND CROSS MOTION FOR SUMMARY JUDGMENT Plaintiff, ANTHONY DAVIS JR., by and through the undersigned attorney, hereby gives notice of filing Exhibits 1B through 3A to Plaintiffs Response and Cross Motion for Summary judgment in the above cause. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic mail to Iniv Gabay, Esquire; Jennifer L. Velazco, Esquire; [iniv.gabay@qpwblaw.com; jvelazco@qpwblaw.com; dcull@qpwblaw.com] 1410 North Westshore Boulevard, Tampa, FL 33607 this 28th day of January, 2021. Filing 120414684 ANTHONY DAVIS J VS SECURITY Vf Mark/A. Nation Board Certified Civil Trial Attorney Board Certified Business Litigation Attorney Florida Bar No.: 968560 The Nation Law Firm 570 Crown Oak Centre Drive Longwood, FL 32750 Phone: (407)339-1104 Fax: (407)339-1118 Email: bhirt@nationlaw.com (Primary) mnation@nationlaw.com; ppritchard@nationlaw.com (Secondary) Attorney for Plaintiff 05-2020-CA-024628-XXXX-XXExhibit B Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XXSecurity First GB Insurance” ida Homes STATE of FLORIDA COUNTY of VOLUSIA CLAIM# 183125 TIVA# P004111407 TERM — 05/22/2019 — 05/22/2020 Attached is a true and correct copy of the original Security First Insurance Company Policy of Insurance, Policy Number P004111407, issued to the named Insured, Anthony Davis Jr with effective dates of 05/22/2019 — 05/22/2020 with regard to all coverage forms and endorsements listed on the Policy Declarations page. Due to the current pandemic with COVID-19, a certified copy of this Policy of Insurance cannot be provided at this time but will be provided at a later date. DATE: June 9, 2020 SECURITY FIRST INSURANCE COMPANY Printed Name: Autumn J Condercuri Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XXChecklist of Coverage Policy Type: Homeowner’s (Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Owner's) The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’ Helpline at (800) 342-2762 or www.fidfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limit of Insurance: $ $185,000 Loss Settlement Basis: _Replacement Cost (ie.: Replacement Cost, Actual Cash Value, Stated Value, etc). Other Structures Coverage (Detached from Dwelling) Limit of Insurance: $ _$3,700 Loss Settlement Basis: _ Replacement Cost (ie: Replacement Cost, Actual Cash Value, Stated Value, etc). Personal Property Coverage Limit of Insurance: $ _$46,250 Loss Settlement Basis: _ Replacement Cost (ie: Replacement Cost, Actual Cash Value, Stated Value, etc). Deductibles Annual Hurricane: _ $3,700 All Perils (Other Than Hurricane): _$2,500 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX OIR-B1-1670 (1-1-06) 1 of 3Checklist of Coverage (continued) The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against: (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Fire or Lightning Hurricane Flood (Including storm surge) Windstorm or Hail (other than hurricane) Explosion Riot or Civil Commotion Aircraft Vehicles Smoke Vandalism or Malicious Mischief Theft Falling Objects Weight of Ice, Snow or Sleet Accidental Discharge or Overflow of Water or Steam Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging Freezing [Sudden and Accidental Damage from Artificially Generated Electrical Current Volcanic Eruption Sinkhole VY Any Other Peril Not Specifically Excluded (dwelling and other structures only) Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. Loss of Use Coverage Coverage Limit of Insurance | Time Limit (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) ti asi Shortest time required to Additional Living Expense $18,500 ‘epair/replace/relocate Fair Rental Value V Civil Authority Prohibits Use $18,500 P weeks maximum Property - Additional/Other Coverages (Items below marked Y (Yes) indicate coverage IS_ [Limit of Insurance [Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is [UP to $185,000 coverage or is included within the policy limit. NOT included) Unless otherwise Included ‘Additional Noted Debris Removal $9,250 Additional Reasonable Repairs Included Property Removed Included Credit Card, Electronic Fund Transfer Card, or ie Access Device, Forgery and Counterfeit Money $500 Additional lLoss Assessment $1,000 Additional Collapse Included Glass or Safety Glazing Material Included Landlord's Furnishings $2,500 Included Law and Ordinance $46,250 Additional Grave Markers Up to $46,250 Included Mold / Fungi $10,000 Included Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX OIR-B1-1670 (1-1-06) 20f3Checklist of Coverage (continued) Discounts (tems below marked Y (Yes) indicate discount |S applied, those imarked N (No) indicate discount is NOT applied) Dollar ($) Amount of Discount Multiple Policy Sprinkler Windstorm Loss Reduction Jncluded in Base Premium Building Code Effectiveness Grading Schedule Other MY Fire Alarm / Smoke Alarm / Burglar Alarm Vv Limit of Insurance: (tems below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is INOT included) Insurer May Insert Any. Other Property Coverage Below. Loss Settlement Basis: (i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.) Limit of Insurance: $ $300,000 Limit of Insurance: $ $5,000 Personal Liability Coverage Medical Payments to Others Coverage Liability - Additional/Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance| included, those marked N (No) indicate coverage is [Amount of insurance is an additional amount of coverage or is included within the policy limit. ) Included Additional Claim Expenses Additional First Aid Expenses Additional Damage to Property of Others $500 Additional Loss Assessment $1,000 Additional Insurer May Insert Any Other Liability Coverage Below overage is NOT included) (Items below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate Limit of Insurance Filing 120414684 ANTHONY DAVIS J VS SECURITY OIR-B1-1670 (1-1-06) 05-2020-CA-024628-XXXX-XX 3 of 3Your Policy Declarations Policy Type: Homeowners HO3. Policy Number: P004111407 Security First Insurance Company Policy Effective Date: 05/22/2019 12:01 AM P.O. Box 105651 Policy Expiration Date: 05/22/2020 12:01 AM Atlanta, GA 30348 Amended: 07/17/2019 12:01 AM Date Printed: 07/17/2019 Lacon iiteiiriitela) PNerp Orel clas liolgutlicelty GOOSEHEAD INSURANCE AGENCY LLC i RUAN ROBERT ALTENNOE Total Premium Amount: $1,961.16 1500 Solana Blvd Ste 4500 . . Westlake, TX 76262-1690 Hurricane Premium: $1,255.70 Non-Hurricane Premium: $678.47 Email: mailbox@goosehead.com Total Policy Premium before Fees: $1,934.16 Phone: (800) 474-1377 Total Policy Fees: $27.00 Agency ID: X05808 Agent License #: W106410 See additional premium detail on page 2 Degen eeriite | 63) Named Insured: Anthony Davis JR i Mailing Address: 4835 KEY BISCAYNE DR, TITUSVILLE, FL 32780-6906 1 Email Address: anthony.davisjr@yahoo.com Phone: (407) 463-1672 | (ee ere Tel ielge rales COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE Insured Property Location 4835 KEY BISCAYNE DR, TITUSVILLE, FL 32780-6906 County: BREVARD. Section | ~ Property Coverages Limit Premium Coverage A (Dwelling) $185,000 $1,765.06 Coverage B (Other Structures) $3,700 Included Coverage C (Personal Property) Personal Property Replacement Cost Loss Settlement Included $46,250 Included Coverage D (Loss of Use) $18,500 Included Ordinance or Law 25% of CovA $119.10 Section il - Liability Coverages Coverage E (Personal Liability) $300,000 $15.00 Coverage F (Medical Payments to Others) $5,000 $10.00 Amount All Other Perils Deductible $2,500 Water Deductible $2,500 Hurricane Deductible $3,700 (2% of Cov A) Endorsement Name Premium | Water Damage Coverage: Limited Included | Limited Fungi Coverage Included | i Loss Assessment Coverage Included Water Back Up and Sump Overflow $25.00 | Filing 120414984 403 DEC 09 18 ANTHONY DAYS, LR SRS YR, ice Company 05-2020-CA-024628- XXX 4%DMetoliitelacye@ze\cstecielciy lil te) Endorsement Name Limit | Limited Fungi Coverage $10,000 per loss/$50,000 policy total » Limited Fungi Coverage Section II $50,000 i Loss Assessment Coverage $1,000 | Water Back Up and Sump Overflow $5,000 | Water Damage Coverage: Limited $10,000 | ca Sc) Amount | Hurricane Premium: $1,255.70 ' Non-Hurricane Premium: $678.47 | Nonrefundable Policy Fee Details | Managing General Agency Fee $25.00 \ Emergency Management Preparedness and Assistance Trust Fund Fee $2.00 } | Policy Fee Total: $27.00 | | Total Endorsement Premium: $403.16 © Total Premium Amount: $1,961.16 | lage as) ater tele Construction Type: Masonry 100% Protection Class: 04 ' Year Built: 1963 Territory: 8 / 009-C / 8/999 | Usage Type: Primary Residence, Not Rented Building Code Effectiveness Grade: 99 | Distance to Coast: 3,700.00 Opening Protection: None \ Roof Shape: Gable Exclude Wind/Hail Coverage: No | er tel elas el igerare ge(= Credits Surcharges | All Other Perils Deductible Credit Hurricane Deductible Credit Windstorm Loss Mitigation Credit Protection Class Credit Filles HS Bike 09 18 ANTHONY RAYAS ity BiSARSRHCE company 05-2020-CARDREGPE BXXXXXUgo ie seis Slae tele ctrS HO 00 03 04 91 Homeowners 3 Special Form { HO 04 10 10 00 Additional Interests t HO 04 96 04 91 No Section I! Liability Coverages for Home Day Care Business Limited Section | Property | Coverages For Home Day Care Business | OIR-B1-1655 02 10 Notice of Premium Discounts for Hurricane Loss Mitigation | OIR-B1-1670 01 06 Checklist of Coverage | SFI FL HO3 COV 03 17 Homeowners HO3 Table of Contents | SFI FL HO3 DN 03 18 HO3 Deductible Notification Form | SFI FL HO3 OTL 02 18 Homeowners Policy Outline of Coverages { SFI FL HO3 PRI 08 16 Privacy Policy | SFIV HO 09 04 90 01 06 Personal Property Replacement Cost Loss Settlement t SFIV HO 09 2370 01 06 Windstorm Exterior Paint or Waterproofing Exclusion Seacoast Florida | SFIV HO 09 CLP 01 06 Collapse Coverage | SFIV HO 09 ED 12 08 Existing Damage Exclusion Endorsement | SFIV HO 09 ELE 03 08 Unusual or Excessive Liability Exposure | SFIV HO 09 FCE 11 17 Limited Fungi, Mold, Wet or Dry Rot or Bacteria Coverage Endorsement { SFIV HO 09 HD 01 06 Hurricane Deductible Endorsement | SFIV HO 09 LWD 02 18 Limited Water Damage Coverage Discharge or Overflow i SFIV HO 09 OL1 06 15 Ordinance or Law Coverage | SFIV HO 09 WBU 03 17 Water Back Up and Sump Overflow I SFIV HO3 09 SP 02 18 Special Provisions for Florida | SFIV HO3 09 WD 09 12 Water Damage Exclusion Endorsement | Oversee le Cig cies lctueecyi icles tte cis) Type: Mortgagee - First Mortgagee Loan #: 2416004992 | Name: PrimeLending, a PlainsCapital Company ISAOA Address: PO Box 796788 | City: Dallas, State: TX Zip: 75379-6788 | Filing 120414984 403 DEC 09 18 ANTHONY DAYS, LMR SRS YR, ice Company 05-2020-CA-024628- XX 4%THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. 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. You may reduce your policy premium by taking advantage of premium credits for shutters, housing features and other mitigation (loss prevention) devices. Contact your insurance agent to request information regarding these discounts. This policy does not protect you against loss caused by the peril of flood. If you are interested in obtaining more information on flood insurance coverage, please contact your property-casualty insurance agent or broker to apply for coverage. This policy contains a separate deductible for hurricane losses, water losses and a separate deductible for all other perils insured against. The deductibles shown in your policy declaration page(s) are the deductibles that will apply as described in your policy, in the event of a covered loss. If your policy was assumed from another carrier, we may have selected the deductibles shown on your declaration page(s). Other deductibles may be available. Please contact your insurance agent or broker for additional information. Your Building Code Effectiveness Grading schedule adjustment is 0% for the hurricane portion and 0% for the non-hurricane portion of the premium. The adjustments can range from a surcharge of 1% to a discount of 12% for the hurricane premium, and from a surcharge of 1% to a discount of 3% for the non-hurricane premium. Filles HS Bike 09 18 ANTHONY RAYAS ity BiSARSRHCE company 05-2020-CARD REG PB EXXXXXAuthorized Countersignature: Report a Claim 24/7: © Call toll-free (877) 581-4862. International callers, dial (386) 673-5308. Log into the customer portal, My Security First, at www.MySFl.com. e@ To report an identity theft claim, call (800) 676-5696. Filing 120414984 403 DEC 09 18 ANTHONY DAYS, LMR SRS YR, ice Company 05-2020-CA-024628- XX 4%HOMEOWNERS HO 00 03 04 91 HOMEOWNERS 3 SPECIAL FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS In this policy, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident of the same household. "We," "us" and "our" refer to the Company providing this insurance. In addition, certain words and phrases are defined as follows: 1. "Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death that results. 2. "Business" includes trade, profession or occupation. 3. "Insured" means you and residents of your household who are: a. Your relatives; or b. Other persons under the age of 21 and in the care of any person namedabove. Under Section Il, "insured" also means: c. With respect to animals or watercraft to which this policy applies, any person or organization legally responsible for these animals or watercraft which are owned by you or any person included in 3.a. or 3.b. above. A person or organization using or having custody of these animals or watercraft in the course of any "business" or without consent of the owner is not an"insured"; d. With respect to any vehicle to which this policy applies: (1) Persons while engaged in your employ or that of any person included in 3.a. or 3.b. above; or (2) Other persons using the vehicle on an "insured location" with your consent. 4. "Insured location" means: a. The "residence premises"; b. The part of other premises, other structures and grounds used by you as a residence and: (1) Which is shown in the Declarations; or (2) Which is acquired by you during the policy period for your use as a residence; c. Any premises used by you in connection witha premises in 4.a. and 4.b.above; d. Any part of apremises: (1) Not owned by an "insured"; and (2) Where an "insured" is temporarily residing; e. Vacant land, other than farm land, owned by or rented to an"insured”; f. Land owned by or rented to an "insured" on which a one or two family dwelling is being built as a residence for an "insured"; g. Individual or family cemetery plots or burial vaults of an "insured"; or h. Any part of a premises occasionally rented to an "insured" for other than "business" use. 5. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the policy period, in: a. "Bodily injury"; or HO 00 03 04 91 Copyright Insurance Services Office, Inc. 1990 Page 1 of 21 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XXb. "Property damage.” 6. "Property damage" means physical injury to, destruction of, or loss of use of tangible property. 7. "Residence employee"means: a.An employee of an "insured" whose duties are related to the maintenance or use of the "residence premises," including household or domestic services; or b. One who performs similar duties elsewhere not related to the "business" of an "insured." 8. "Residence premises" means: a. The one family dwelling, other structures, and grounds; or b. That partof any other building; where you reside and which is shown as the "residence premises" in the Declarations. "Residence premises" also means a two family dwelling where you reside in at least one of the family units and which is shown as the "residence premises" in the Declarations. SECTION I - PROPERTY COVERAGES COVERAGE A- Dwelling We cover: 1. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling; and 2. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises." This coverage does not apply to land, including land on which the dwelling is located. COVERAGE B - Other Structures We cover other structures on the "residence premises” set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection. This coverage does not apply to land, including land on which the other structures are located. We do not cover other structures: 1. Used in whole or in part for "business"; or 2. Rented or held for rental to any person not a tenant of the dwelling, unless used solely as a private garage. The limit of liability for this coverage will not be more than 10% of the limit of liability that applies to Cover- age A. Use of this coverage does not reduce the Coverage A limit of liability. COVERAGE C - Personal Property We cover personal property owned or used by an "insured" while it is anywhere in the world. At your request, we will cover personal property owned by: 1. Others while the property is on the part of the "residence premises" occupied by an "insured"; 2. A guest or a "residence employee," while the property is in any residence occupied by an "insured." Our limit of liability for personal property usually located at an "insured's" residence, other than the "residence premises," is 10% of the limit of liability for Coverage C, or $1000, whichever is greater. Personal property in a newly acquired principal residence is not subject to this limitation for the 30 days from the time you begin to move the property there. Special Limits of Liability. These limits do not increase the Coverage C limit of liability The special limit for each numbered category below is the total limit for each loss for all property in that category. 1. $200 on money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum, coins and medals 2. $1000 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, personal records, passports, tickets and stamps. This dollar limit applies to these HO 00 03 04 91 Copyright Insurance Services Office, Inc. 1990 Page 2 of 21 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XXcategories regardless of the medium (such as paper or computer software) on which the material exists. This limit includes the cost to research, replace or restore the information from the lost or damaged material. 3. $1000 on watercraft, including their trailers, furnishings, equipment and outboard engines or motors. 4. $1000 on trailers not used with watercraft. 5. $1000 for loss by theft of jewelry, watches, furs, precious and semi-precious stones. 6. $2000 for loss by theft of firearms. 7. $2500 for loss by theft of silverware, silver-plated ware, goldware, gold-plated ware and pewterware. This includes flatware, hollowware, tea sets, trays and trophies made of or including silver, gold or pewter. 8. $2500 on property, on the "residence premises," used at any time or in any manner for any "business" purpose. 9. $250 on property, away from the "residence premises," used at any time or in any manner for any "business" purpose. However, this limit does not apply to loss to adaptable electronic apparatus as described in Special Limits 10. and 11. below. 10.$1000 for loss to electronic apparatus, while in or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power. Electronic apparatus includes: a. Accessories or antennas; or b. Tapes, wires, records, discs or other media; for use with any electronic apparatus. 11.$1000 for loss to electronic apparatus, while not in or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus: a. ls equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power; b. Is away from the "residence premises"; and c. Is used at any time or in any manner for any "business" purpose. Electronic apparatus includes: a. Accessories and antennas; or b. Tapes, wires, records, discs or other media; for use with any electronic apparatus. Property Not Covered. We do not cover: 1. Articles separately described and specifically insured in this or other insurance; 2. Animals, birds or fish; 3. Motor vehicles or all other motorized land conveyances. This includes: a. Their equipment and accessories; or b. Electronic apparatus that is designed to be operated solely by use of the power from the electrical system of motor vehicles or all other motorized land conveyances. Electronic apparatus includes: (1) Accessories or antennas; or (2) Tapes, wires, records, discs or other media; for use with any electronic apparatus. The exclusion of property described in 3.a. and 3.b. above applies only while the property is in or upon the vehicle or conveyance. We do cover vehicles or conveyances not subject to motor vehicle registration which are: a. Used to service an "insured's” residence; or b. Designed for assisting the handicapped; 4. Aircraft and parts. Aircraft means any contrivance used or designed for flight, except model or hobby aircraft not used or designed to carry people or cargo; HO 00 03 04 91 Copyright Insurance Services Office, Inc. 1990 Page 3 of 21 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XXa Property of roomers, boarders and other tenants, except property of roomers and boarders related to an "insured"; 6. Property in an apartment regularly rented or held for rental to others by an "insured," except as provided in Additional Coverages 10.; 7. Property rented or held for rental to others off the "residence premises"; 8. "Business" data, including such data stored in: a. Books of account, drawings or other paper records; or b. Electronic data processing tapes, wires, records, discs or other software media; However, we do cover the cost of blank recording or storage media, and of pre-recorded computer programs available on the retail market; or 9. Credit cards or fund transfer cards except as provided in Additional Coverages 6. COVERAGE D - Loss Of Use The limit of liability for Coverage D is the total limit for all the coverages that follow. 1. If a loss covered under this Section makes that part of the "residence premises" where you reside not fit to live in, we cover, at your choice, either of the following. However, if the "residence premises" is not your principal place of residence, we will not provide the option under paragraph b. below. a. Additional Living Expense, meaning any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living; or b. Fair Rental Value, meaning the fair rental value of that part of the "residence premises” where you reside less any expenses that do not continue while the premises is not fit to live in. Payment under a. or b. will be for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle elsewhere. 2. If a loss covered under this Section makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the: Fair Rental Value, meaning the fair rental value of that part of the "residence premises" rented to others or held for rental by you less any expenses that do not continue while the premises is not fit to live in. Payment will be for the shortest time required to repair or replace that part of the premises rented or held for rental. 3. If a civil authority prohibits you from use of the "residence premises" as a result of direct damage to neighboring premises by a Peril Insured Against in this policy, we cover the Additional Living Expense and Fair Rental Value loss as provided under 1. and 2. above for no more than two weeks. The periods of time under 1., 2. and 3. above are not limited by expiration of this policy. We do not cover loss or expense due to cancellation of a lease or agreement. ADDITIONAL COVERAGES 1. Debris Removal. We will pay your reasonable expense for the removal of: a. Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or b. Ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a building. This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged property, an additional 5% of that limit of liability is available for debris removal expense. We will also pay your reasonable expense, up to $500, for the removal from the "residence premises" of: a. Your tree(s) felled by the peril of Windstorm or Hail; b. Your tree(s) felled by the peril of Weight of Ice, Snow or Sleet; or c. A neighbor's tree(s) felled by a Peril Insured Against under CoverageC; HO 00 03 04 91 Copyright Insurance Services Office, Inc. 1990 Page 4 of 21 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XXprovided the tree(s) damages a covered structure. The $500 limit is the most we will pay in any one loss regardless of the number of fallen trees. 2. Reasonable Repairs. In the event that covered property is damaged by an applicable Peril Insured Against, we will pay the reasonable cost incurred by you for necessary measures taken solely to protect against further damage. If the measures taken involve repair to other damaged property, we will pay for those measures only if that property is covered under this policy and the damage to that property is caused by an applicable Peril Insured Against. This coverage: a. Does not increase the limit of liability that applies to the covered property; b. Does not relieve you of your duties, in case of a loss to covered property, as set forth in SECTION | — CONDITION 2.d. 3. Trees, Shrubs and Other Plants. We cover trees, shrubs, plants or lawns, on the "residence premises,” for loss caused by the following Perils Insured Against: Fire or lightning, Explosion, Riot or civil commotion, Aircraft, Vehicles not owned or operated by a resident of the "residence premises,” Vandalism or malicious mischief or Theft. We will pay up to 5% of the limit of liability that applies to the dwelling for all trees, shrubs, plants or lawns. No more than $500 of this limit will be available for any one tree, shrub or plant. We do not cover property grown for "business" purposes. This coverage is additional insurance. 4. Fire Department Service Charge. We will pay up to $500 for your liability assumed by contract or agreement for fire department charges incurred when the fire department is called to save or protect covered property from a Peril Insured Against. We do not cover fire department service charges if the property is located within the limits of the city, municipality or protection district furnishing the fire department response. This coverage is additional insurance. No deductible applies to this coverage. 5. Property Removed. We insure covered property against direct loss from any cause while being removed from a premises endangered by a Peril Insured Against and for no more than 30 days while removed. This coverage does not change the limit of liability that applies to the property being removed. 6. Credit Card, Fund Transfer Card, Forgery and Counterfeit Money. We will pay up to $500 for: a. The legal obligation of an "insured" to pay because of the theft or unauthorized use of credit cards issued to or registered in an "insured's" name; b. Loss resulting from theft or unauthorized use of a fund transfer card used for deposit, withdrawal or transfer of funds, issued to or registered in an "insured's"name; c. Loss to an "insured" caused by forgery or alteration of any check or negotiable instrument; and d. Loss to an "insured" through acceptance in good faith of counterfeit United States or Canadian papercurrency. We do not cover use of a credit card or fund transfer card: a. By a resident of yourhousehold; b. By a person who has been entrusted with either type of card; or c. If an "insured" has not complied with all terms and conditions under which the cards are is- sued. All loss resulting from a series of acts committed by any one person or in which any one person is concerned or implicated is considered to be one loss. We do not cover loss arising out of "business" use or dishonesty of an "insured." This coverage is additional insurance. No deductible applies to this coverage. Defense: a. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability. b. If a suit is brought against an "insured" for liability under the Credit Card or Fund Transfer Card HO 00 03 04 91 Copyright Insurance Services Office, Inc. 1990 Page 5 of 21 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XXcoverage, we will provide a defense at our expense by counsel of our choice. c. We have the option to defend at our expense an "insured" or an "insured's” bank against any suit for the enforcement of payment under the Forgery coverage. 7. Loss Assessment. We will pay up to $1000 for your share of loss assessment charged during the policy period against you by a corporation or association of property owners, when the assessment is made as a result of direct loss to the property, owned by all members collectively, caused by a Peril Insured Against under COVERAGE A — DWELLING, other than earthquake or land shock waves or tremors before, during or after a volcanic eruption. This coverage applies only to loss assessments charged against you as owner or tenant of the "residence premises." We do not cover loss assessments charged against you or a corporation or association of property owners by any governmental body. The limit of $1000 is the most we will pay with respect to any one loss, regardless of the number of assessments. Condition 1. Policy Period, under SECTIONS | AND II CONDITIONS, does not apply to this coverage. 8. Collapse. We insure for direct physical loss to covered property involving collapse of a building or any part of a building caused only by one or more of the following: a. Perils Insured Against in COVERAGE C — PERSONAL PROPERTY. These perils apply to covered buildings and personal property for loss insured by this additional coverage; b. Hidden decay; c. Hidden insect or vermin damage; d. Weight of contents, equipment, animals or people; e. Weight of rain which collects on a roof; or f. Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. Loss to an awning, fence, patio, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf or dock is not included under items b., c., d., e., and f. unless the loss is a direct result of the collapse of a building. Collapse does not include settling, cracking, shrinking, bulging or expansion. This coverage does not increase the limit of liability applying to the damaged covered property. 9. Glass or Safety Glazing Material. We cover: a. The breakage of glass or safety glazing material which is part of a covered building, storm door or storm window; and b. Damage to covered property by glass or safety glazing material which is part of a building, storm door or storm window. This coverage does not include loss on the "residence premises" if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant. Loss for damage to glass will be settled on the basis of replacement with safety glazing materials when required by ordinance or law. This coverage does not increase the limit of liability that applies to the damaged property. 10.Landlord's Furnishings. We will pay up to $2500 for your appliances, carpeting and other household furnishings, in an apartment on the "residence premises" regularly rented or held for rental to others by an "insured," for loss caused only by the following Perils Insured Against: a. Fire or lightning. b. Windstorm or hail. This peril does not include loss to the property contained in a building caused by rain, snow, sleet, HO 00 03 04 91 Copyright Insurance Services Office, Inc. 1990 Page 6 of 21 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XXsand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening. This peril includes loss to watercraft and their trailers, furnishings, equipment, and outboard engines or motors, only while inside a fully enclosed building. . Explosion. . Riot or civil commotion. . Aircraft, including self-propelled missiles and spacecraft. . Vehicles. Smoke, meaning sudden and accidental dam- age from smoke. This peril does not include loss caused by smoke from agricultural smudging or industrial operations. h. Vandalism or malicious mischief. i. Falling objects. This peril does not include loss to property contained in a building unless the roof or an outside wall of the building is first damaged by a falling object. Damage to the falling object itself is not included. j. Weight of ice, snow or sleet which causes damage to property contained in a building. k. Accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or from within a household appliance. This peril does not include loss: (1) To the system or appliance from which the water or steam escaped; (2) Caused by or resulting from freezing except as provided in the peril of freezing below; or (3) On the "residence premises" caused by accidental discharge or overflow which occurs off the "residence premises.” In this peril, a plumbing system does not include a sump, sump pump or related equipment. . Sudden and accidental tearing apart, cracking, burning or bulging of a steam or hot water heating system, an air conditioning or automatic fire protective sprinkler system, or an appliance for heating water. We do not cover loss caused by or resulting from freezing under this peril. m. Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household appliance. This peril does not include loss on the "residence premises" while the dwelling is unoccupied, unless you have used reasonable care to: (1) Maintain heat in the building; or (2) Shut off the water supply and drain the system and appliances of water. n. Sudden and accidental damage from artificially generated electrical current. This peril does not include loss to a tube, transistor or similar electronic component. o. Volcanic eruption other than loss caused by earthquake, land shock waves or tremors. The $2500 limit is the most we will pay in any one loss regardless of the number of appliances, carpeting or other household furnishings involved in the loss. e@nwnoao SECTION | - PERILS INSURED AGAINST COVERAGE A - DWELLING and COVERAGE B - OTHER STRUCTURES We insure against risk of direct loss to property described in Coverages A and B only if that loss is a physical loss to property. We do not insure, however, for loss: 1. Involving collapse, other than as provided in Additional Coverage 8.; HO 00 03 04 91 Copyright Insurance Services Office, Inc. 1990 Page 7 of 21 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX2. Caused by: a. Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household appliance, or by discharge, leakage or overflow from within the system or appliance caused by freezing. This exclusion applies only while the dwelling is vacant, unoccupied or being constructed, unless you have used reasonable care to: (1) Maintain heat in the building; or (2) Shut off the water supply and drain the system and appliances of water; b. Freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to a: (1) Fence, pavement, patio or swimming pool; (2) Foundation, retaining wall, or bulkhead; or (3) Pier, wharf or dock; c. Theft in or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is finished and occupied; d. Vandalism and malicious mischief if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant; e. Any of the following: (1) Wear and tear, marring, deterioration; (2) Inherent vice, latent defect, mechanical breakdown; (3) Smog, rust or other corrosion, mold, wet or dry rot; (4) Smoke from agricultural smudging or industrial operations; (5) Discharge, dispersal, seepage, migration, release or escape of pollutants unless the discharge, dispersal, seepage, migration, release or escape is itself caused by a Peril Insured Against under Coverage C of this policy. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed; (6) Settling, shrinking, bulging or expansion, including resultant cracking, of pavements, patios, foundations, walls, floors, roofs or ceilings; (7) Birds, vermin, rodents, or insects; or (8) Animals owned or kept by an "insured." If any of these cause water damage not otherwise excluded, from a plumbing, heating, air conditioning or automatic fire protective sprinkler system or household appliance, we cover loss caused by the water including the cost of tearing out and replacing any part of a building necessary to repair the system or appliance. We do not cover loss to the system or appliance from which this water escaped. 3. Excluded under Section | - Exclusions. Under items 1. and 2., any ensuing loss to property described in Coverages A and B not excluded or excepted in this policy is covered. COVERAGE C - PERSONAL PROPERTY We insure for direct physical loss to the property described in Coverage C caused by a peril listed below unless the loss is excluded in SECTION | —- EXCLUSIONS. 1. Fire or lightning. 2. Windstorm or hail. This peril does not include loss to the property contained in a building caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening. This peril includes loss to watercraft and their trailers, furnishings, equipment, and outboard engines or motors, only while inside a fully enclosed building. HO 00 03 04 91 Copyright Insurance Services Office, Inc. 1990 Page 8 of 21 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX3. Explosion. 4. Riot or civil commotion. 5. Aircraft, including self-propelled missiles and spacecraft. 6. Vehicles. 7. Smoke, meaning sudden and accidental damage from smoke. This peril does not include loss caused by smoke from agricultural smudging or industrial operations. 8. Vandalism or malicious mischief. 9. Theft, including attempted theft and loss of property from a known place when it is likely that the property has been stolen. This peril does not include loss caused by theft: a. Committed by an "insured"; b. In or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is finished and occupied; or c. From that part of a "residence premises" rented by an "insured" to other than an "insured." This peril does not include loss caused by theft that occurs off the "residence premises" of: a. Property while at any other residence owned by, rented to, or occupied by an "insured," except while an "insured" is temporarily living there. Property of a student who is an "insured" is covered while at a residence away from home if the student has been there at any time during the 45 days immediately before the loss; b. Watercraft, and their furnishings, equipment and outboard engines or motors; or c Trailers and campers. 10.Falling objects. This peril does not include loss to property contained in a building unless the roof or an outside wall of the building is first damaged by a falling object. Damage to the falling object itself is not included. 11.Weight of ice, snow or sleet which causes damage to property contained in a building. 12. Accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or from within a household appliance. This peril does not include loss: a. To the system or appliance from which the water or steam escaped; b. Caused by or resulting from freezing exceptas provided in the peril of freezing below; or c. On the "residence premises" caused by accidental discharge or overflow which occurs off the “residence premises." In this peril, a plumbing system does not include a sump, sump pump or related equipment. 13.Sudden and accidental tearing apart, cracking, burning or bulging of a steam or hot water heating system, an air conditioning or automatic fire protective sprinkler system, or an appliance for heating water. We do not cover loss caused by or resulting from freezing under this peril. 14. Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a householdappliance. This peril does not include loss on the "residence premises" while the dwelling is unoccupied, unless you have used reasonable care to: a. Maintain heat in the building; or b. Shut off the water supply and drain the system and appliances of water. 15.Sudden and accidental damage from artificially generated electrical current. This peril does not include loss to a tube, transistor or similar electronic component. 16. Volcanic eruption other than loss caused by earthquake, land shock waves or tremors. HO 00 03 04 91 Copyright Insurance Services Office, Inc. 1990 Page 9 of 21 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XXSECTION | -EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. a. Ordinance or Law, meaning enforcement of any ordinance or law regulating the construction, repair, or demolition of a building or other structure, unless specifically provided under this policy. b. Earth Movement, meaning earthquake including land shock waves or tremors before, during or after a volcanic eruption; landslide; mine subsidence; mudflow; earth sinking, rising or shifting; unless direct loss by: (1) Fire; (2) Explosion; or (3) Breakage of glass or safety glazing material which is part of a building, storm door or storm window; ensues and then we will pay only for the ensuing loss. This exclusion does not apply to loss by theft. c. Water Damage, meaning: (1) Flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these, whether or not driven by wind; (2) Water which backs up through sewers or drains or which overflows from a sump; or (3) Water below the surface of the ground, including water which exerts pressure on or seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool or other structure. Direct loss by fire, explosion or theft resulting from water damage is covered. d. Power Failure, meaning the failure of power or other utility service if the failure takes place off the “residence premises." But, if a Peril Insured Against ensues on the "residence premises," we will pay only for that ensuing loss. e. Neglect, meaning neglect of the "insured" to use all reasonable means to save and preserve property at and after the time of a loss. f. War, including the following and any consequence of any of the following: (1) Undeclared war, civil war, insurrection, rebellion or revolution; (2) Warlike act by a military force or military personnel; or (3) Destruction, seizure or use for a military purpose. Discharge of a nuclear weapon will be deemed a warlike act even if accidental. . Nuclear Hazard, to the extent set forth in the Nuclear Hazard Clause of SECTION | — CONDITIONS. h. Intentional Loss, meaning any loss arising out of any act committed: (1) By or at the direction of an "insured"; and (2) With the intent to cause aloss. 2. We do not insure for loss to property described in Coverages A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not excluded or excepted in this policy is covered. a. Weather conditions. However, this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in paragraph 1. above to produce theloss; b. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body; c. Faulty, inadequate or defective: HO 00 03 04 91 Copyright Insurance Services Office, Inc. 1990 Page 10 of 21 Filing 120414684 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX(1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials use