Legal Document: WATER DRYOUT LLC vs. HERITAGE PROPERTY

On July 22, 2021 a was filed involving a dispute between Water Dryout Llc, and Casualty Insurance Compnay, Heritage Property, for SMALL CLAIMS in the District Court of Osceola County.

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Filing # 116575957 E-Filed 11/12/2020 03:35:37 PM

a ee _
IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
SMALL CLAIMS DIVISION

WATER DRYOUT, LLC CASE NO: 2020-018074-SP-23
A/A/O YOKE YAP,

Plaintiff,
vs.

HERITAGE PROPERTY AND
CASUALTY INSURANCE COMPANY,

Defendant.
/

DEFENDANT’S MOTION TO DISMISS
PLAINTIFF’S COMPLAINT FOR IMPROPER VENUE

COMES NOW, Defendant, HERITAGE PROPERTY AND CASUALTY INSURANCE

COMPANY (hereinafter “HERITAGE”), by and through undersigned counsel, and pursuant to

Fla. R. Civ. P. 1.140(b)(3) and § 47.051, Fla. Stat., and hereby files this Motion to Dismiss

Plaintiff's Complaint for Improper Venue, and in support states the following:

Background

1 Plaintiff, WATER DRYOUT, LLC A/A/O YOKE YAP (hereinafter “Plaintiff”),

filed an action against HERITAGE arising out of restoration services allegedly performed on or

about March 8, 2020. See Exhibit “A” of Plaintiff's Complaint.

2. The Policy identified by policy number HKD70412232800 issued by HERITAGE

to Yoke Yap and Choy Cheah (“Insureds”) insures the property located at 605 Keppel Ct.,

Kissimmee, Florida 34746, in Osceola County, Florida (hereinafter “Property”), subject to the

Policy’s terms, conditions, limitations, and exclusions. See Policy attached hereto as ExhibitA.
3 The Plaintiff's Complaint does not [cannot allege any viable argument for venue

in Miami-Dade County.

4 As such, HERITAGE requests this Court dismiss the Complaint because it was

filed in Miami-Dade County, which is a legally improper venue.

Law and Analysis

5 Florida statute allows three alternative venues for actions brought against a

domestic corporation including (1) the county where such corporation has, or usually keeps, an

office for transaction of its customary business, (2) the county where the cause of action accrued,

or (3) the county where the property in litigation is located. See § 47.051, Fla. Stat. (2016).

6 Plaintiff may choose the venue provided the selection comports with one of the

statutory alternatives, and the complaint alleges facts to support the selection. See Procacci v.

Harllee, 95 So. 3d 997, 999 (Fla. 2d DCA 2012); Perry Building Systems, Inc. v. Hayes & Bates,

Inc., 361 So. 2d 443, 444 (Fla. 1st DCA 1978).

7 Pursuant to the three alternatives outlined above, Plaintiff's lawsuit can only be

brought in the county where (1) HERITAGE has, or usually keeps, an office for transaction of its

customary business; (2) the cause of action accrued; or (3) the insured property is located.

8 In regard to the first alternative, HERITAGE maintains its office for the transaction

of its customary business at 2600 McCormick Drive, Suite 300, Clearwater, Pinellas County,

Florida. See Heritage January 16, 2020, annual report attached hereto as Exhibit B. Therefore,

under the first alternative, venue would only be proper in Pinellas County.

9. As to the second alternative, the cause of action did not accrue in Miami-Dade

County, Florida. A cause of action for breach of contract accrues for venue purposes in the county
where the alleged breach occurred. Hudson Protection Group, Inc. v. PCG See. Int’l LLC, 54 So.

3d 593, 594 (Fla. 3d DCA 2011).

10. Moreover, “the general rule governing venue in actions for breaches of obligations

relating to insurance contracts is stated as follows: A cause of action for a breach of an obligation

to pay under an insurance policy arises at the place where the insurer is to pay the loss, and where

the policy is silent as to where the payment of the loss is to be made, it is presumably to be made at

the residence of the insured, and therefore a cause of action arises and is maintainable in the county

of the insured’s residence where the insurer fails to pay in such county.” Oliver v. Severance, 542

So. 2d 408, 410 (Fla. 1st DCA 1989) (quoting from 44 Am. Jur. 2d Insurance § 1872, at 870 (1982));

American Vehicle Ins. Co. v. Goheagan, 35 So. 3d 1001, 1003-04 (4th DCA 2010).

ll. In the instant action, the alleged breach is HERITAGE’s failure to pay for

Plaintiffs services. See J9J4, 15, 16 and 17 of Plaintiff's Complaint. Thus, the alleged breach

would have necessarily occurred in Osceola County, Florida, where the Insureds reside.

12. Finally, with respect to the third alternative, the Property that is the subject of this

litigation is located in Kissimmee, Osceola County, Florida, and accordingly, venue would only

be proper in Osceola County. See Exhibit A.

13. As demonstrated herein, the only proper venues for the instant action are Pinellas

County or Osceola County. However, Plaintiff brought this suit in Miami-Dade County, a legally

improper venue. As such, the Court should dismiss Plaintiffs Complaint.

WHEREFORE, Defendant, HERITAGE PROPERTY AND CASUALTY INSURANCE

COMPANY, respectfully requests this Court dismiss Plaintiff's Complaint for filing the instant

matter in the improper venue of Miami-Dade County, and any other relief the Court deems just

and proper under the circumstances.

[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]
_
" CERTIFICATE OF SERVICE
JHEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic
mail to Jesse O’Hara, Esq., Flat Fee Legal Service; 2131 Hollywood Blvd. (#303) Hollywood,
FL. 33020; eservice@flatfeelegalservice.com; on this 12th day of November 2020, pursuant to
Rule 2.516.
Attorney for Heritage Property and
Casualty Insurance Company
2600 McCormick Dr. (Suite 300)
Clearwater, Florida 33759
Telephone: 727-366-2098
astetson@heritagepci.com
alligood@heritagepci.com
elabart@heritagepci.com

By: ls) Adam Stetjon
Adam A. Stetson, Esquire
Florida Bar No. 75106
HERITAGE
Insurance
Caple Howden Insurance Agency HKD7041223
10222 East Colonial Dr 2800
Orlando, FL 32817
H0640

YOKE YAP AND CHOY CHEAH
6005 WEST TOWN CENTER BLVD
ORLANDO, FL 32837

Please read carefully

Important Information
Enclosed

EXHIBIT A
Heritage Property and Casualty Heritage Property and Casualty Insurance
Company
Insurance Company
Dwelling Declarations Page 2600 McCormick Dr., Ste 300
Clearwater, FL 33759
= HERITAGE
Agent Name: Caple Howden insurance Agency
Address: 10222 East Colonial Dr If you have any questions regarding this policy
Insurance
Orlando, FL32817 which your agent is unable to answer, please
contact us at 1-855-620-9978,
Agent Phone: (407) 657-8808 Agency Code: 0640
Policy Number HKD70412232800 Insuring Company: Heritage Property and Casualty Insurance Company
Named Insured: YOKE YAP 2600 McCormick Dr., Ste 300
Clearwater, Fl. 33759
Mailing Address: 3511 MAPLE RIDGE LOOP
KISSIMMEE, FL 34741.

Phone Number:

Effective Dates: From: 04/29/2017 12:01 am To: 04/29/2028 12:01 am Effective date of this transaction: 4/29/2017 12:01 am

Activity: Renewal Co-Applicant Choy Cheah

Insured Location: 605 KEPPEL CT
KISSIMMEE, FL 34746
Osceola County
Coverage at the residence premises is provided only where a limit oflability s shown or a premium is stated.
Coverages & Coverage Section Limits Fire Hurricane EC(NHR) Total
Premiums: A. Dwelling *213,433 224,00 1,150.00 165.00 1,539.00
B. Other Structures 4,269 Included
. Personal Property 5,000 10.00 72.00 10.00 92.00
D. Fair Rental Value / E. Add'l Living Expense 21,343 Included
L Personal Liability 300,000 80.00 80.00
'M, Medical Payments to Others 5,000 Included
Policy Fee 25.00 28.00
Emergency Management Preparedness and 2.00 2.00
Assistance Trust Fund Fee
* Coverage A Increased due to an Inflation Factor
Total of Premium Adjustments: (88.00) (1,004.00) (1.00) (1,093.00)
‘SEE PAGE 3 FOR DETAILED DESCRIPTION OF PREMIUM ADJUSTMENTS
Total Policy Premium: $645
Deductible: All Other Perils: $1,000 Hurricane Deductible: 2% = $4,269

Law and Ordinance: Lawand Ordinance = $ 0

Special Messages:
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE
FOR HURRICANE LOSSES, WHICH MAY RESULT IN
HIGH OUT-OF-POCKET EXPENSES TO YOU.
If your policy contains replacement cost on dwelling, the amount of coverage will not exceed the stated policy value.

Eud.Q 03/10/2017
Ernie Garateix
Authorized Signature
Page 1of 3 HPCDP3 DEC2 10 12
Any person who knowingly and with intent to injure, defraud or deceive any insurer files a
statement or an application containing false, incomplete or misleading information is guilty of a
felony in the third degree.
———| — = =~
HPC NCPT 02 14 V17B HPC CCC07 12 DP 0351.05.05 HPC HOR 02 13
and HPC DPIO2 14 HPCOP ED 07 12 HPCOP ELE12 13 HPcDP3 PPS 12 13°
‘OAR 81 16700106 DL 241607 38 DP 04211094
Endorsements: HPCDPS IDX 07 12 HPC PRI 02 14 HPCOP IDT 12 13,
DP 0003 07 88 HPC SLC 07 12 HPCDL FCLO7 12
HPCOPS SP 01.17 HPCDP3 OTL.04 13 DL 24010788
HPCDP DN 07 12 HPC WE 07 12 DL 26110788
HPCDP CLP 0712 (IR Bt 1655 0210 HPCOL SPLO7 12

Pay Plan: Number of Payments: 1 Bill to: MORTGAGEE
Rating Program: bP3, Construction Type: Masonry
Information: Territory: 510 Year Constructed: 2002

LAW AND ORDINANCE COVERAGE IS AN IMPORTANT
COVERAGE THAT YOU MAY WISH TO PURCHASE.
YOU MAY ALSO NEED TO CONSIDER THE PURCHASE
OF FLOOD INSURANCE FROM THE NATIONAL FLOOD
INSURANCE PROGRAM. WITHOUT THIS COVERAGE,
YOU MAY HAVE UNCOVERED LOSSES. PLEASE
DISCUSS THESE COVERAGES WITH YOUR
INSURANCE AGENT.
In the event of a claim, please call toll free 1-855-415-7120.
We are available 24 hours a day, 7 days a week.

This replaces all previously issued policy declarations, if any. This policy applies only to accidents, accurrences or losses which
happen during the policy period shown above. In case of property loss, only that part of loss over stated deductibles applies. if
payment is not received on or before the policy effective date, this policy will no longer be in force. This declaration page together
with all policy provisions and any other applicable endorsements completes your policy.
Arate adjustment of -6 % is included to reflect the Building Code Enforcement Grade in your area. Adjustments range from 1%
surcharge to 12 % credit.
Arate adjustment of 68 % credit is included to reflect the Windstorm Mitigation Device Credit. This credit applies only to the wind
portion of your premium. Adjustments range from 0 % to 90%.
‘On Property Coverage limit increased at renewal due to an inflation factor of 4%, as determined by a national index of
construction costs to maintain insurance to the approximate replacement cost of your home.
This policy does not protect you against loss due to flood. Fload insurance is available through the Federal Government,
Contact your agent to apply for coverage.

Page 2 of 3 HPCDP3 DEC2 10 12
Coverage Section Limits Fire Hurricane EC(NHR) Total
‘Age of Dwelling 32.00 25.00 57,00
Building Code Effectiveness Grading 58.00 -58.00
Construction Factor _ -244,00 144,00 —
Financial Responsibility Credit 40.00 -33.00 -73.00
Fungi 10000 0.00
Identity Theft Expense and Resolution Services 25000 25.00 25,00
Protection Class Factor -70.00 -70.00
Total Deductibles ~10.00 -77.00 -13,00 -100.00
Windstorm Loss Mitigation -625.00 5.00 -630.00

The amount of premium increase due to approved rate increase is $0.00.

The amount of premium increase due to coverage change is: $52.00.

ADDITIONAL INTEREST
Name Address Interest Type BillTo Reference #
BANK OF AMERICA NA ISAQA/ATIMA MORTGAGEE YES 870462775
PO BOX 961291.
FORT WORTH, TX 76161

Page 3 of 3 HPCDP3 DEC2 10 12
mi HERITAGE
Insurance
— ae a aaa
Heritage Property & Casualty
Insurance Company
2600 McCormick Dr., Suite 300
Clearwater, FL 33759

NOTICE OF CHANGE IN POLICY TERMS

We are sending you this notice to inform you about important changes to your policy.

The “Special Provisions for Florida” endorsement is being revised. This revised endorsement amends
your policy language regarding several items including, but not limited to, emergency repairs after a
loss, coverage related to water damage, and your duties after a loss. It also updates the cancellation
and non-renewal provisions of the policy to be consistent with recent legislative changes.

Please read your policy carefully to understand your coverage.

HPC NCPT 02 14 V17B
Pd
3

———
—
—

—
i = 2 sii
a]
HERITAGE
Insurance
_.

Pillars of Strength and Character.

Heritage
Property & Casualty
Insurance Company
Preferred
Dwelling Policy
Heritage Property & Casualty Insurance Company
2600 McCormick Dr.
Suite 300
Clearwater, FL 33759
Claims/Customer Service: 1-855-620-9978

NOTICE!
This policy does not cover Flood Loss.
Please call your agent to learn jore about
this important coverage.
HPC DPJ 02 14
=

POLICY PROVISION: This Policy Jacket with the Policy Declarations, Policy Form and
Endorsements issued to form a part thereof, completes the policy as numbered on the
Declarations Page. Whenever your policy is modified, you will receive a dated revision of the
Policy Declarations.

IN WITNESS WHEREOF: In consideration of your paid premium, Heritage Property & Casualty
Insurance Company is proud to extend to you the coverage offered by this insurance contract.

Ma...
an?
Cagis.

Richard A. Widdicombe
President, Heritage Property & Casualty Insurance Company

HPC DPJ 02 14
— Checklist of Coverage

HKD70412232800 Policy Type: Dwelling DP3

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: $213,433.00 Loss Settlement Basis: $ Replacement Cost
(L.2.: Replacement Cost, Actual Cash Value, Stated Value, etc.)
Other Structures Coverage (Detached from Dwelling)
Limit of Insurance: $4,269.00 Loss Settlement Basis: $ Replacement Cost
(Le.: Replacement Cost, Actual Cash Value, Stated Value, etc)
Personal Property Coverage
Limit of Insurance: $5,000.00 Loss Settlement Basis: $ Actual Cash Value
(.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.)

Deductibles
Annual Hurricane: $4,269.00 All Perils (Other Than Hurricane): $ $1,000.00

OIR-B1-1670 (1-1-06) Page 1 of 3
Checklist of Coverage (continued)
The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against:
a (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
N Sinkhole
N 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)
Y | Additional Living Expense/Fair Rental Value 10% of Cov A
Y¥ | Civil Authority Prohibits Use (no more than two weeks)

Property - Additional/Other Coverages
(Items below marked Y (Yes) indicate coverage 1S Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit.
included) Limit of Insurance Included Additional
Y Debris Removal up to 5% over coverage limit $500 N/A

Y Reasonable Repairs N/A N/A
¥ Property Removed.
Credit Card, Electronic Fund Transfer Card, or
¥
Access Device, Forgery and Counterfeit Money
up to $500 up to $500
Loss Assessment
Collapse
Glass or Safety Glazing Material
Y Landlord's Furnishings up to $2500 $2500 N/A
Law and Ordinance
Grave Markers
Mold / Fungi - Property $10,000.00 $10,000

OIR-B1-1670 (1-1-06) Page 2 of 3
i,

Checklist of Coverage (continued)

Discounts
~~~} (Items below marked Y (Yes) indicate discount IS applied, those marked N ~ ~~~ Dollar ($) Amount of Discourit ye
(No) indicate discount is NOT applied)
N Multiple Policy

N Fire Alarm / Smoke Alarm / Sprinkler

N Burglar Alarm
Y Windstorm Loss Reduction ($630.00)
Building Code Effectiveness Grading Schedule (858.00)
Other

Insurer May Insert Any Other Property Coverage Below

(Items below marked Y (Yes) indicate coverage IS Loss Settlement Basis:
Limit of Insurance
included, those marked N (No) indicate coverage is (i.e: Replacement Cost, Actual Cash Value, Stated
NOT included) falue, etc,

Personal Liability Coverage
Limitof Insurance $ __300,000.00___

Medical Payments to Others Coverage
Limit of Insurance $ —___5.000.00 _

Liability - Additional/Other Cover rages
(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 NOT coverage or is included within the policy limit.
included) Included Additional
¥_| Claim Expenses
Y | First Aid Expenses
Y | Damage To Property Of Others up to $500 up to $500 N/A

Insurer May Insert Any Other Liability Coverage Below
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage Limit of Insurance
js Winchided)
¥ | Fungi, Wet or Dry Rot, or Bacteria - Liability $50,000.00

OIR-B1-1670 (1-1-06) Page
3 of 3
Heritage Property & Casualty Insurance Company HPCDP3 IDX 07 2
_ a —- =
DWELLING PROPERTY — 3 — SPECIAL FORM - DP 00 03 07 88 “ INDEX
Page No.
Agreement.
Definitions...
Coverages... 13
Coverage A — Dwelling .
Coverage B — Other Structures
Coverage C — Personal Property 12
Coverage D — Fair Rental Value...
Coverage E — Additional Living Expense
Other Coverages 2-3
Perils Insured Agains' 45
Coverage A — Dwelling and Coverage B — Other Structures
Coverage C — Personal Property... 45
General Exclusions ....... 5-6
1. We do not insure for loss caused directly or indirectly by any of the following:
a. Ordinance or Law..
b. Earth Movement .
c. Water Damag 5-6
d. Power Failure.
e. Neglect...
f. War
g. Nuclear Hazard .
h. Intentional Loss
2. We do not insure for loss to property described in Cover. A and B caused by any of the followin;
a. Weather conditions.....
b. Acts or decisions......
c. Faulty, inadequate or defective:
Condition: 6-9
1. Policy Perio
2. Insurable Interest and Limit of Liability
3. Concealment or Fraud .
4. Your Duties After Loss.. 67
5. Loss Settlement. ae
6. Loss to a Pair or Se’
7. Glass Replacement
8. Appraisal ..... 7-8
9. Other Insurance
10. Subrogation...
11. Suit Against Us
12. Our Option...
13. Loss Payment.......
14. Abandonment of Property
15. Mortgage Clause.
16. No Benefit to Bailee
17. Cancellation ..... 8-9

HPCDP3 IDX 07 12 Page 1 of 2
Heritage Property & Casualty Insurance Company HPCDP3 IDX 07 12
18. Non-Renewal...
19, Liberalization Clause
20. Waiver or Change of Policy Provisions
21. Assignment.
22. Death.....
23. Nuclear Hazard Claus
24, Recovered Property...
25. Volcanic Eruption Period......

Important Note: The endorsements listed on your Policy Declarations and attached to your policy
significantly modify sections of this form and specifically define the terms of your coverage. Please contact
your Insurance Agent if you have any questions concerning your Dwelling Insurance Coverage.

HPCDP3 IDX 07 12 Page 2 of 2
a -_ Dwelling Property 3
Special Form
Ed. 7-88

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.

COVERAGES

This insurance applies to the Described Location, COVERAGE C — Personal Property
Coverages for which a Limit of Liability is shown and We cover personal property, usual to the occupancy
Perils Insured Against for which a Premium is stated. as a dwelling and owned or used by you or members
COVERAGE A - Dwelling of your family residing with you while it is on the De-
We cover: scribed Location. At your request, we will cover per-
sonal property owned by a guest or servant while the
1 the dwelling on the Described Location shown in property is on the Described Location.
the Declarations, used principally for dwelling pur-
poses, including structures attached to the dwell- Property Not Covered. We do not cover:
ing; 1. accounts, bank notes, bills, bullion, coins, curren-
materials and supplies located on or next to the cy, deeds, evidences of debt, gold other than
Described Location used to construct, alter or re- goldware, letters of credit, manuscripts, medals,
pair the dwelling or other structures on the De- money, notes other than bank notes, passports,
scribed Location; and personal records, platinum, securities, silver other
than silverware, tickets and stamps;
if not otherwise covered in this policy, building
equipment and outdoor equipment used for the 2. animals, birds or fish;
service of and located on the Described Location. 3. aircraft and parts. Aircraft means any conirivance
This coverage does not apply to land, including land used or designed for flight, except model or hobby
on which the dwelling is located. aircraft not used or designed to carry people or
cargo;
COVERAGE B - Other Structures
4. motor vehicles or all other motorized land convey-
We cover other structures on the Described Location, ances. This includes:
set apart from the dwelling by clear space. This in-
cludes structures connected to the dwelling by only a a. their equipment and accessories; or
fence, utility line, or similar connection. b. any device or instrument for the transmitting,
This coverage does not apply to land, including land recording, receiving or reproduction of sound or
‘on which the other structures are located. pictures which is operated by power from the
electrical system of motor vehicles or all other
We do not cover other structures: motorized land conveyances, including:
41 used in whole or in part for commercial, manufac- (1) accessories or antennas; or
turing or farming purposes; or
(2) tapes, wires, records, discs or other media
2. rented or held for rental to any person not a tenant for use with any such device or instrument;
of the dwelling, unless used solely as a private
garage. while in or upon the vehicle or conveyance.

DP 00 03 07 88 Copyright, Insurance Services Office, Inc., 1988, 1992 Page 1 of 9
7 - ~ ~. - ~-
We do cover vehicles or conveyances not subject Additional Living Expense, meaning any neces-
to motor vehicle registration which are: sary increase in living expenses incurred by you so
a. used to service the Described Location; or that your household can maintain its normal
standard of living.
b. designed for assisting the handicapped;
Payment will be for the shortest time required to repair
5. watercraft, other than rowboats and canoes; or replace the Described Location or, if you perma-
data, including data stored in: nently relocate, the shortest time required for your
a. books of account, drawings or other paper household to settle elsewhere.
records; or If a civil authority prohibits you from use of the De-
b. electronic data processing tapes, wires, rec- scribed Location as a result of direct damage to a
cords, discs or other software media. neighboring location by a Peril Insured Against in this
policy, we cover the Additional Living Expense loss for
However, we do cover the cost of blank recording no more than two weeks.
or storage media, and of pre-recorded computer
programs available on the retail market; The periods of time referenced above are not limited
by the expiration of this policy.
7. credit cards or fund transfer cards.
We do not cover loss or expense due to cancellation
If you remove personal property from the Described of a lease or agreement.
Location to a newly acquired principal residence, the
Coverage C limit of liability will apply at each resi- OTHER COVERAGES
dence for the 30 days immediately after you begin to 1 Other Structures. You may use up to 10% of the
move the property there. This time period will not Coverage A limit of liability for loss by a Peril In-
extend beyond the termination of this policy. Our liabil- sured Against to other structures described in
ity is limited to the proportion of the limit of liability that Coverage B.
the value at each residence bears to the total value of Use of this coverage does not reduce the Cover-
all personal property covered by this policy. age A limit of liability for the same loss.
COVERAGE D ~ Fair Rental Value Debris Removal. We will pay your reasonable
If a loss to property described in Coverage A, B or C expense for the removal of:
by a Peril Insured Against under this policy makes that a. debris of covered property if a Peril Insured
part of the Described Location rented to others or held Against causes the loss; or
for rental by you unfit for its normal use, we cover its:
b. ash, dust or particles from a volcanic eruption
Fair Rental Value, meaning the fair rental value of that has caused direct loss to a building or
that part of the Described Location rented to others property contained in a building.
or held for rental by you less any expenses that do
not continue while that part of the Described Loca- Debris removal expense is included in the limit of
tion rented or held for rental is not fit to live in. liability applying to the damaged property.
Payment will be for the shortest time required to repair Improvements, Alterations and Additions. If you
or replace that part of the Described Location rented are a tenant of the Described Location, you may
or held for rental. use up to 10% of the Coverage C limit of liability
for loss by a Peril Insured Against to improve-
If a civil authority prohibits you from use of the De- ments, alterations and additions, made or acquired
scribed Location as a result of direct damage to a at your expense, to that part of the Described Lo-
neighboring location by a Peril Insured Against in this cation used only by you.
policy, we cover the Fair Rental Value loss for no
more than two weeks. Use of this coverage does not reduce the Cover-
age C limit of liability for the same loss.
The periods of time referenced above are not limited
by the expiration of this policy. World-Wide Coverage. You may use up to 10%
of the Coverage C limit of liability for loss by a Peril
We do not cover loss or expense due to cancellation Insured Against to property covered under Cover-
of a lease or agreement. age C except rowboats and canoes, while any-
COVERAGE E = Additional Living Expense where in the world.
If a loss to property described in Coverage A, B or C Use of this coverage reduces the Coverage C limit
by a Peril Insured Against under this policy makes the of liability for the same loss.
Described Location unfit for its normal use, we cover
your:

Page 2 of 9 Copyright, Insurance Services Office, Inc., 1988, 1992 DP 00 03 07 88
a - a - a
5. Rental Value and Additional Living Expense. 10.Collapse. We insure for risk of direct physical loss
You may use up to 10% of the Coverage A limit of to covered property involving collapse of a building
liability for loss of both fair rental value as de- or any part of a building caused only by one or
scribed in Coverage D and additional living ex- more of the following:
pense as described in Coverage E. -
a. Perils Insured Against in Coverage C — Per-
Use of this coverage does not reduce the Cover- sonal Property. These perils apply to covered
age A limit of liability for the same loss. building and personal property for loss insured
6. Reasonable Repairs. In the event that covered by this Other Coverage;
property is damaged by an applicable Peril Insured hidden decay;
Against, we will pay the reasonable cost incurred hidden insect or vermin damage;
by you for necessary measures taken solely to pro-
tect against further damage. If the measures taken weight of contents, equipment, animals or
involve repair to other damaged property, we will ple;
pay for those measures only if that property is cov- weight of rain which collects on a roof;
ered under this policy and the damage to that use of defective material or methods in con-
property is caused by an applicable Peril Insured

Case Info

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JANCEWICZ, STEFANIA C Track Judge’s New Case

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Document Filed Date

November 17, 2072

Case Filing Date

July 22, 2021

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Document for WATER DRYOUT LLC vs. HERITAGE PROPERTY

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