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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