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Filing # 176766494 E-Filed 07/05/2023 09:44:24 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
GEORGE HOUK,
Plaintiff,
Case No.: 23002539CA
v.
AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA,
Defendant.
/
COMPLAINT FOR BREACH OF CONTRACT
AND DEMAND FOR JURY TRIAL
COMES NOW the Plaintiff, George Houk, by and through the undersigned attorney, and
files this Complaint against the Defendant, American Integrity Insurance Company of Florida, and
as grounds therefore, states as follows:
General Allegation:
At all times relevant hereto, George Houk was a resident of the State of Florida, owning the
subject property and residing in Charlotte County, Florida.
At all times relevant hereto, the Defendant, American Integrity Insurance Company of Florida,
were an insurance company organized and existing under the laws of the State of Florida and
doing business in the State of Florida.
The amount in controversy in this action exceeds the sum of Fifty Thousand and One Dollars
($50,001.00), exclusive of pre-judgment interest, court costs, and attorney's fees.
Breach of Contract
Plaintiff realleges each and every allegation set forth in Paragraphs 1 through 3 above, as if fully
set forth herein.
This are an action for damages for breach of insurance contract against American Integrity
Insurance Company of Florida (“American Integrity”).
In consideration of the premium paid to it, American Integrity issued to Eugene and Pamela
Filas a contract of insurance, Policy No.: AGD30442239, which was in full force and effect at
the time of the loss and damage at the insured premises at 318 Madrid Boulevard, Punta Gorda,
Florida 33950. Plaintiff has attached hereto as Exhibit “A” a copy of the subject policy.
Eugene and Pamela Filas sold their property to Plaintiff and transferred all insurance rights and
benefits over to Plaintiff along with the property. Plaintiff has attached hereto as “Exhibit B” a
copy of the Assignment of Benefits.
On or about September 28, 2022, the subject property was damaged by Hurricane Ian.
The loss and damage to Plaintiffs covered property resulted from a peril for which the policy
of insurance issued by Defendant provides coverage.
10. The loss and damage caused by Hurricane Ian caused the Plaintiff to sustain loss to the property
and structures, and to incur additional expenses.
11 Plaintiff has made a timely claim for the damage and loss.
12. Plaintiff has requested that American Integrity pay for the damages, but American Integrity
has failed and refused to fully pay the aforementioned damages.
13 Plaintiff has done and performed all those matters and things properly required of him under the
insurance policy or, alternatively, has been excused from performance by the acts,
representations, and/or conduct of American Integrity.
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14. Notwithstanding the foregoing, American Integrity has failed or refused to provide coverage
under the insurance policy and has failed to pay promptly the amounts due and has thereby
breached the contract of insurance.
15 As a direct result of American Integrity’s breach of the insurance contract, Plaintiff has been
financially damaged and continues to suffer damage and loss.
16. As a result of American Integrity’s breach of the insurance contract, it has become necessary
for the Plaintiff to incur and become obligated for attorney's fees and costs in connection with
the prosecution of this action. Plaintiff is entitled to have American Integrity pay said fees and
costs pursuant to section 627.428 and/or section 627.70152, Florida Statutes.
WHEREFORE, the Plaintiff, George Houk, prays this Court order American Integrity
Insurance Company of Florida to pay in full the contract of insurance, award the Plaintiff actual and
compensatory damages, pre-judgment interest, costs of this action, attorney’s fees, and such other and
further relief as this Court may deem appropriate. Further, the Plaintiff requests a trial by jury on all
issues so triable.
Date: July 5, 2023 Respectfully submitted,
s/David D. Barnhill
Andrew P. McDonald, Esquire, No.: 805661
David D. Barnhill, Esquire, No: 90442
McDonald & Barnhill, P.A.
505 S. Magnolia Avenue
Tampa, FL 33606
(813) 265-2020 telephone
(813) 200-2030 facsimile
Attorneys for Plaintiff
eservice@mcdonaldbarnhill.com
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AMERICAN
INTEGRITY UP
URANCE
GR’
GR
02/04/2022
Dear FILAS EUGENE J TR:
Welcome to American Integrity, and thank you for selecting us for your insurance needs. We're
grateful to have you as part of the family and will work hard, every day, to earn the trust you've
placed in us.
We have enclosed important information pertaining to your new American Integrity policy,
including certain forms required by Florida Statute. Please be sure to review all of the enclosed
forms.
Your official policy and payment due notice will be mailed to you separately. If you have an
agreement with your mortgage company for them to pay your premium, the payment due notice
has been sent directly to them. To review your policy or payments due online, simply go to our
Customer Portal at www.myamericanintegrity.com, then use your policy number and create a
password to establish your account.
We know how devastating it can be to experience a loss, which is why American Integrity provides
24/7 Claims reporting. When a loss occurs, be sure the first call you make is to American Integrity
at 1-866-277-9871. You can also file a new claim, and check the status of an existing claim, online
at www.aiclaimsportal.com. Please note that our Claims Portal requires separate login credentials
from our Customer Portal.
American Integrity continues to receive an “A” (Exceptional) financial stability rating from
Demotech, Inc. and an A+ accreditation from the Better Business Bureau. To learn more about
American Integrity, please visit our website, www.aiiflorida.com, and be sure to follow us on
social media for homeowner tips, tropical weather updates, fun facts and much more!
If you have any questions regarding your policy or coverage, please contact your American
Integrity Insurance Agent. Thank you for being part of the American Integrity family.
Sincerely,
OO Vshenz
President and CEO
American Integrity Insurance Company of Florida
Exhibit A
AIC NB GL 08 19
cc x
IN GRITY
American Integrity Insurance Company of Florida AlIC PS 05 19
PRIVACY STATEMENT
American Integrity Insurance Company of Florida values its relationship with you and recognizes that
customer trust is a fundamental element to any successful relationship. American Integrity will protect
your privacy and the personal information we use to provide you with superior products and services.
We want you to understand how we protect the confidentiality of all personal information obtained in the
course of doing business with you. Our pledge is to protect your privacy whether this information is
received by mail, telephone, Internet, or in person.
Personal Information Collected
American Integrity collects personal information from you when it is necessary in conducting the business
of insurance. Most of the information used in evaluating your application or servicing your policy is shared
with us by you or through your agent. Personal information is also obtained through the claims process.
Depending upon your insurance coverage, we may collect personal information about you from a third
party or a consumer-reporting agency. We also collect information about your transactions with us,
affiliates, or others such as your policy coverage, premiums, payments, and motor vehicle records.
Personal Information Disclosed
American Integrity does not disclose any personal information about current or former customers to
anyone, except as permitted by law or as is necessary in order to provide our products and services to
you.
When possible, we advise our vendors and other non-affiliated third parties, to whom we legally provide
your personal information in the course of conducting our insurance business, of the importance and our
commitment to our privacy statement. We make every effort to only use vendors with the same
commitment to customer privacy.
Security of Personal Information
We maintain physical, electronic, and procedural safeguards to protect your personal information.
Access to personal information about you is restricted to anyone except those employees, employees of
our affiliates, or others who need to know that information to provide products or services to you.
American Integrity works diligently to ensure that our websites are secure. We employ firewalls,
encryption technology, authentication and access control mechanisms to control access to the personal
information that may be shared over these sites. Credit card information is not stored in any database.
This information is kept in a server memory only as long as it is needed.
Verification and Accuracy Rights
Keeping your personal information accurate and up to date is important to us. You have the right to see
and request corrections to the personal information we collected that you feel is inaccurate except for
information relating to a claim or legal proceeding.
Contacting Us
Your trust is one of our most valued assets. We will continually work to protect the privacy of our
customers. Should you have any questions regarding our privacy policy, you may call us directly at 866-
968-8390, or you may write us at:
American Integrity Insurance Company of Florida
Privacy Compliance
5426 Bay Center Drive, Suite 600
Tampa, FL 33609-3440
AlIC PS 05 19 Page 1 of 1
American Integrity Insurance Company of Florida AllC DP RWT 01 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITATIONS ON ROOF COVERAGE
GENERAL EXCLUSIONS
DEFINITIONS
With respect to the provisions of this endorsement, the following definitions are added or revised;
“Roof surface” means the:
a Shingles or tiles;
b. Cladding, underlayment, or decking;
Cc. Metal or synthetic sheeting or similar materials covering the roof; and
d. Roof flashing.
This includes all materials used in securing the roof surface and all materials applied to or
under the roof surface for moisture protection.
“Roof appliance” means:
a Skylights;
b. Turtle vents;
C. Solar panels; or
d. Ridge vents.
“Hurricane occurrence”
A “hurricane occurrence” means a storm system that has been declared to be a hurricane
by the National Hurricane Center of the National Weather Service, with a duration that:
a Begins at the time a hurricane watch or hurricane warning is issued for any part
of Florida by the National Hurricane Center of the National Weather Service;
b. Continues for the time period during which the hurricane conditions exist
anywhere in Florida; and
Ends 72 hours following the termination of the last hurricane watch or hurricane
warning issued for any part of Florida by the National Hurricane Center of the
National Weather Service.
“Named Storm” means a storm system that has been identified as a tropical storm and assigned a
name by the National Hurricane Center (“NHC”). Under the terms of this endorsement, a Named
Storm begins at the time a Tropical Storm Watch or Warning is issued by the NHC for the county in
which the affected premises are located, and ends 72 hours after the termination of the last Tropical
Storm Watch or Warning issued for that area by the NHC.
The following is added under GENERAL EXCLUSIONS:
Notwithstanding any other provisions within the policy, with regard to property described in COVERAGE
A-— Dwelling and COVERAGE B — Other Structures, unless loss is caused by a “Hurricane occurrence”
or “Named Storm,” we do not cover loss to a “Roof surface” or “Roof appliance” caused directly or
indirectly by any of the following:
a Wear and tear, marring, spatter marks, or deterioration;
b. Displacement or removal of roof surface granules that does not result in fracturing, bruising,
puncturing, or other damage to the base material or underlying mat;
Cc. Inherent vice or latent defect;
AllC DP RWT 01 19 Page 1 of 2
American Integrity Insurance Company of Florida AllC DP RWT 01 19
Faulty, inadequate, or defective maintenance:
Faulty, inadequate, or defective materials used in repair, construction, renovation, or
remodeling;
Faulty, inadequate, or defective design, specifications, workmanship, repair, construction
renovation, or remodeling; or
9. Settling, shrinking, bulging, or expansion, including resultant cracking.
However, we do cover ensuing loss to property described in COVERAGE A — Dwelling and
COVERAGE B - Other Structures, caused directly or indirectly by a. through g. above unless precluded
by any other provision in this policy.
If damage to a “Roof surface” or “Roof appliance” does not involve a “Hurricane occurrence” or “Named
Storm”, and the cause of loss, that is not otherwise excluded or excepted, is the sole or proximate cause
of loss, such loss is covered
All other provisions of this policy apply.
AllC DP RWT 01 19 Page 2 of 2
American Integrity Insurance Company of Florida AllC DP DO 12 19
DEDUCTIBLE NOTIFICATION OPTIONS
If your policy does not exclude coverage for the peril of Windstorm or Hail, there are
various combinations of All Other Peril, Windstorm or Hail (Other Than Hurricane) and
Hurricane deductibles available.
American Integrity offers the opportunity for you to:
1. Select lower deductibles for an additional premium; or
2. Select higher deductibles for a premium discount.
For DP3 a $500 All Other Peril, a $500 Windstorm or Hail (Other Than Hurricane), and
$500 Hurricane deductibles will apply if you do not make a choice.
All Other Peril deductible options are:
$500;
$1,000;
$2,500;
$5,000;
$10,000;
$15,000; or
$25,000
Windstorm or Hail (Other Than Hurricane) deductible options are:
$500;
$1,000;
$2,500;
$5,000;
$10,000;
$15,000; or
$25,000
Hurricane deductible options are:
$500;
1%, 2%, 5%, or 10% of Coverage A
Your current selected deductibles will continue unless you elect to make a change.
Not all deductible options may be available due to the type of policy and its dwelling
or personal property coverage limit of liability.
If you have had a hurricane loss under this policy during the calendar year, a lower
selected hurricane deductible will not take effect until Jan. 1 of the following year.
If you select either a 1%, 5% or 10% Hurricane deductible, for your Dwelling policy, we
recommend you check with your mortgage company to ensure compliance with the
terms of your mortgage obligations.
Policies that include Sinkhole Loss Coverage, the Sinkhole Loss Coverage
deductible is 10% of the Coverage A — Dwelling limit.
If you have purchased the Flood Coverage endorsement AIIC PFL, your Flood
Coverage deductible options are:
$500;
$1,000;
$2,500;
$5,000;
$7,500; or
$10,000
Please contact your agent if you have any questions or to change your deductible.
AllC DP DO 12 19 Page 1 of 1
AMERICAN American Integrity Insurance Company of Florida
5426 Bay Center Drive, Suite 600
INTEGRITY Tampa, FL 33609
POLICY NUMBER: AGD30442239
DWELLING POLICY DECLARATIONS
POLICY FORM: DP3 E]New Issue [] Renewal Lchange
IMPORTANT PHONE NUMBERS:
Your Agency: (727) 209-8888 Policy Effective Date: 02/10/2022
Customer Service: (866) 968-8390 Policy Expiration Date: 02/10/2023
Claims Reporting: (866) 277-9871 12:01 a.m. STANDARD TIME at the described location
INSURED NAME AND MAIL ADDRESS: YOUR AMERICAN INTEGRITY AGENCY IS:
FILAS EUGENE J TR WhitCo Insurance Agency, LLC
Contact Name: LISA FILAS 5308 Gulfport Blvd S Ste B
318 Madrid BLVD Gulfport, FL 33707-4921
Punta Gorda, FL 33950-7916
Described Location covered by this policy is
318 Madrid BLVD, Punta Gorda, FL 33950-7916
County: Charlotte
TOTAL ANNUAL POLICY PREMIUM: $3,842.70
The Hurricane portion of the premium is: $880.00
The non-Hurricane portion of the premium is: $1,245.00
Insurance is provided only with respect to the following coverages for which a limit of liability and/or premium is
specified, subject to all conditions of this policy.
PROPERTY COVERAGES LIMIT OF LIABILITY PREMIUM
Coverage A — Dwelling $400,000 $2,125.00
Coverage B — Other Structures $4,000 Included
Coverage C — Personal Property $113,000 $1,245.00
Coverage D — Fair Rental Value $40,000 Included
Ordinance or Law: 25% of Coverage A $100,000 $296.00
DEDUCTIBLES:
In case of a property loss, we only cover that part of the loss over the deductible(s) stated:
All Other Perils: $2,500
Windstorm or Hail (Other Than Hurricane): $2,500
HURRICANE DEDUCTIBLE: 2% of Coverage A $8,000
Sinkhole: Not Included
LIABILITY COVERAGES
Coverage L - Personal Liability $300,000 $80.00
Coverage M - Medical Payments to Others $5,000 Included
OPTIONAL COVERAGES: LIMIT OF LIABILITY PREMIUM
AllC DP DEC 12 18 Page 1
AMERICAN American Integrity Insurance Company of Florida
5426 Bay Center Drive, Suite 600
INTEGRITY Tampa, FL 33609
POLICY NUMBER: AGD30442239
Limited Carport(s), Pool Cage(s), and Screen Enclosure(s) $10,000 $43.00
Limited Fungi, Mold, Wet or Dry Rot, or Bacteria $10,000 Included
DISCOUNTS AND SURCHARGES:
Electronic Policy
Secured Community/Building
Wind Loss Mitigation Credit
Total discounts and/or surcharges applied: -$5,167.89
POLICY FEES:
Managing General Agency (MGA) Fee $25.00
Emergency Management Preparedness and Assistance Surcharge $2.00
Florida Insurance Guaranty Association 2022 Assessment $26.70
FORM AND ENDORSEMENTS:
Greeting Letter AllC NB GL 08 19
Privacy Statement AllC PS 05 19
Limitations on Roof Coverage AllC DP RWT 01 19
Deductible Notification Options AllC DP DO 12 19
Assignment Agreement Notice AllC AA 02 20
Policy Jacket AllC PJ 05 19
Dwelling Property 3 Special Form Index AllC DP3 IDX 07 15
Dwelling Property 3 Special Form DP 00 03 07 88
Personal Liability - Dwelling AllC DP DPL 07 15
Special Provisions for Florida - DP 00 03 - Special Form AllC 01 DP3 SP 12 19
Calendar Year Hurricane Deductible Requirement AllC DP HD 07 15
Actual Cash Value Loss Settlement - Windstorm or Hail Losses to Roof Surfacing AllC DP 04 75 11 20
Coverage B - Other Structures AllC DP CB 07 15
Limited Carport(s), Pool Cage(s) and Screen Enclosure(s) Coverage AllC DP CPS 07 15
Limited Fungi, Mold, Wet or Dry Rot, or Bacteria Coverage AllC DP LFC 07 15
Limited Theft Coverage DP 04 73 07 88
Ordinance or Law Coverage AllC DP OL 07 15
Personal Property Replacement Cost Coverage AllC DP RCC 07 15
Premises Liability (Non-Owner Occupied Dwelling) AllC DP PL 07 15
Outline of your Dwelling Policy AllC DP3 OC 12 18
Checklist of Coverage OIR B1 1670
Notice of Premium Discounts for Hurricane Loss Mitigation OIR B1 1655
Notice of Consumer Reports Ordered and AllC NCR 08 19
Information Used in Premium Determination
These Declarations together with the Policy Jacket, Policy Form and endorsements, if any, issued to
form a part thereof, complete the above numbered policy.
Authorized Countersignature: CO Ps €4— Date Signed: 02/04/2022
AllC DP DEC 12 18 Page 2
AMERICAN American Integrity Insurance Company of Florida
5426 Bay Center Drive, Suite 600
INTEGRITY Tampa, FL 33609
POLICY NUMBER: AGD30442239
RATING INFORMATION:
Construction Type: Masonry
Year of Construction: 1997
Year of Roof/Updated: 2004
Type of Residence: Tenant Occupied
Dwelling Type: Single Family
Number of Months occupied: Annual
Occupancy: Tenant
Protection Class: 03
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 DWELLING 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.
AllC DP DEC 12 18 Page 3
AMERICAN American Integrity Insurance Company of Florida
5426 Bay Center Drive, Suite 600
INTEGRITY Tampa, FL 33609
POLICY NUMBER: AGD30442239
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
YOUR POLICY PROVIDES COVERAGE FORA
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.
A rate adjustment of -$5,101.15 is included to reflect the Windstorm Loss Mitigation Device Discount. This
discount applies only to the wind portion of your premium and can range from a 0% to 89% discount.
A rate adjustment of $0.00 is included to reflect the Building Code Effectiveness Grade in your area.
Adjustments range from a 1% surcharge to a 9.8% discount.
AllC DP DEC 12 18 Page 4
American Integrity Insurance Company of Florida AllC AA 02 20
ASSIGNMENT AGREEMENT NOTICE
Please be aware you do not need to enter into an assignment agreement to
access coverage under your homeowners policy.
Florida law relating to assignment agreements (often called Assignment of Benefits or “AOB”)
used for urgent or emergency circumstances has changed effective July 1, 2019.
On and after that date, if you have a homeowners claim and choose to sign an AOB with a
contractor or vendor relating to urgent or emergency circumstances, the amount the contractor
or vendor may charge you for these emergency services could be limited to the greater of
$3,000.00 or 1% of your Coverage A limit.
Urgent or emergency circumstances are defined by statute as “a situation in which a loss to
property, if not addressed immediately, will result in additional damage until measures are
completed to prevent such damage.”
The Florida Office of Insurance Regulation advises taking the following precautionary
measures if you choose to sign an AOB:
. Read your insurance policy and know what your responsibilities are after a loss.
. Contact your insurance company/agent before signing the AOB.
e Read the AOB carefully. Do not feel pressured to sign it.
e Beware of language that allows all proceeds of the claim to be made to anyone other than
you or your mortgage company.
e Do not sign if there are blank spaces in the document.
For additional information, visit the Florida Office of Insurance Regulation AOB Resources
online at: http://www. floir.com/Sections/PandC/AssignmentofBenefits.aspx.
If you enter into an AOB it must be submitted to and received at:
American Integrity Insurance Company
5426 Bay Center Dr.
Suite 600
Tampa Florida, 33609
Below is an excerpt from the legislation (HB 7065, now Chapter No. 2019-57) addressing this
limitation:
If an assignor* acts under an urgent or emergency circumstance to protect property from
damage and executes an assignment agreement to protect, repair, restore, or replace
property or to mitigate against further damage to the property, an assignee** may not
receive an assignment of post-loss benefits under a residential property insurance policy in
excess of the greater of $3,000 or 1 percent of the Coverage A limit under such policy. For
purposes of this paragraph, the term “urgent or emergency circumstance” means a
situation in which a loss to property, if not addressed immediately, will result in additional
damage until measures are completed to prevent such damage.
*Assignor = policyholder **Assignee = contractor or vendor
AllC AA 02 20 Page 1 of 1
American Integrity Insurance Company of Florida AIIC PJ 05 19
American Integrity
Insurance Company
of Florida
Policy Jacket
5426 Bay Center Drive
Suite 600
Tampa, FL 33609-3440
Customer Service: 1-866-968-8390
IN WITNESS WHEREOF: In consideration of your paid premium, American Integrity
Insurance Company of Florida is proud to extend to you the coverage offered by this
insurance contract.
Cl Crea:
President, American Integrity Insurance Company of Florida
AlIC PJ 05 19 Page 1 of 1
American Integrity Insurance Company of Florida AllC DP3 IDX 07 15
DWELLING PROPERTY -— 3 — SPECIAL FORM - DP 00 03 07 88 - INDEX
Page Number
AGREEMENT 4
DEFINITIONS 4
COVERAGES 1-3
COVERAGE A — Dwellin
COVERAGE B — Other Structures
COVERAGE C - Personal Property -2
COVERAGE D - Fair Rental Value
OTHER COVERAGES 2-3
PERILS INSURED AGAINST 45
COVERAGE A — Dwelling and COVERAGE B — Other Structures...
COVERAGE C - Personal Property.. 45
GENERAL EXCLUSIONS. 5-6
We do not insure for loss caused directly or indirectly by any of the followin
Ordinance or Law..
Earth Movement...
Water Damage. 5-6
Power Failure.
Neglect.
War,
Nuclear Hazard .
8. Intentional Loss.
We do not insure for loss to property described in COVERAGE A and B caused by any of the following:
4 Weather condition:
2. Acts or decisions.
3. Faulty, inadequate or defective
CONDITIONS... 6-9
Policy Perio«
Insurable Interest and Limit of Liability
Concealment or Fraud .
Your Duties After Loss 6-7
Loss Settlement .....
Loss to a Pair or Set
Glass Replacement .
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.
17.
No Benefit to Bailee .
Cancellation Bo
18. Non-Renewal .
19. Liberalization Clause
20. Waiver or Change of Policy Provisions.
21 Assignment.
22. Death ...
23. Nuclear Hazard Clause.
24. Recovered Property.
25. Volcanic Eruption Pet
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.
AllC DP3 IDX 07 15 Page 1 of 1
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
41 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 animals, birds or fish;
service of and located on the Described Location. aircraft and parts. Aircraft means any contrivance
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
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
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
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-
scribed Location as a result of direct damage to a
b. electronic data processing tapes, wires, rec-
neighboring location by a Peril Insured Against in this
ords, discs or other software media.
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
The periods of time referenced above are not limited
programs available on the retail market;
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
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
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 incurr
Preview
Filing # 176766494 E-Filed 07/05/2023 09:44:24 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION GEORGE HOUK, Plaintiff, Case No.: 23002539CA v. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. / COMPLAINT FOR BREACH OF CONTRACT AND DEMAND FOR JURY TRIAL COMES NOW the Plaintiff, George Houk, by and through the undersigned attorney, and files this Complaint against the Defendant, American Integrity Insurance Company of Florida, and as grounds therefore, states as follows: General Allegation: At all times relevant hereto, George Houk was a resident of the State of Florida, owning the subject property and residing in Charlotte County, Florida. At all times relevant hereto, the Defendant, American Integrity Insurance Company of Florida, were an insurance company organized and existing under the laws of the State of Florida and doing business in the State of Florida. The amount in controversy in this action exceeds the sum of Fifty Thousand and One Dollars ($50,001.00), exclusive of pre-judgment interest, court costs, and attorney's fees. Breach of Contract Plaintiff realleges each and every allegation set forth in Paragraphs 1 through 3 above, as if fully set forth herein. This are an action for damages for breach of insurance contract against American Integrity Insurance Company of Florida (“American Integrity”). In consideration of the premium paid to it, American Integrity issued to Eugene and Pamela Filas a contract of insurance, Policy No.: AGD30442239, which was in full force and effect at the time of the loss and damage at the insured premises at 318 Madrid Boulevard, Punta Gorda, Florida 33950. Plaintiff has attached hereto as Exhibit “A” a copy of the subject policy. Eugene and Pamela Filas sold their property to Plaintiff and transferred all insurance rights and benefits over to Plaintiff along with the property. Plaintiff has attached hereto as “Exhibit B” a copy of the Assignment of Benefits. On or about September 28, 2022, the subject property was damaged by Hurricane Ian. The loss and damage to Plaintiffs covered property resulted from a peril for which the policy of insurance issued by Defendant provides coverage. 10. The loss and damage caused by Hurricane Ian caused the Plaintiff to sustain loss to the property and structures, and to incur additional expenses. 11 Plaintiff has made a timely claim for the damage and loss. 12. Plaintiff has requested that American Integrity pay for the damages, but American Integrity has failed and refused to fully pay the aforementioned damages. 13 Plaintiff has done and performed all those matters and things properly required of him under the insurance policy or, alternatively, has been excused from performance by the acts, representations, and/or conduct of American Integrity. 2|Pag 14. Notwithstanding the foregoing, American Integrity has failed or refused to provide coverage under the insurance policy and has failed to pay promptly the amounts due and has thereby breached the contract of insurance. 15 As a direct result of American Integrity’s breach of the insurance contract, Plaintiff has been financially damaged and continues to suffer damage and loss. 16. As a result of American Integrity’s breach of the insurance contract, it has become necessary for the Plaintiff to incur and become obligated for attorney's fees and costs in connection with the prosecution of this action. Plaintiff is entitled to have American Integrity pay said fees and costs pursuant to section 627.428 and/or section 627.70152, Florida Statutes. WHEREFORE, the Plaintiff, George Houk, prays this Court order American Integrity Insurance Company of Florida to pay in full the contract of insurance, award the Plaintiff actual and compensatory damages, pre-judgment interest, costs of this action, attorney’s fees, and such other and further relief as this Court may deem appropriate. Further, the Plaintiff requests a trial by jury on all issues so triable. Date: July 5, 2023 Respectfully submitted, s/David D. Barnhill Andrew P. McDonald, Esquire, No.: 805661 David D. Barnhill, Esquire, No: 90442 McDonald & Barnhill, P.A. 505 S. Magnolia Avenue Tampa, FL 33606 (813) 265-2020 telephone (813) 200-2030 facsimile Attorneys for Plaintiff eservice@mcdonaldbarnhill.com 3|Pag AMERICAN INTEGRITY UP URANCE GR’ GR 02/04/2022 Dear FILAS EUGENE J TR: Welcome to American Integrity, and thank you for selecting us for your insurance needs. We're grateful to have you as part of the family and will work hard, every day, to earn the trust you've placed in us. We have enclosed important information pertaining to your new American Integrity policy, including certain forms required by Florida Statute. Please be sure to review all of the enclosed forms. Your official policy and payment due notice will be mailed to you separately. If you have an agreement with your mortgage company for them to pay your premium, the payment due notice has been sent directly to them. To review your policy or payments due online, simply go to our Customer Portal at www.myamericanintegrity.com, then use your policy number and create a password to establish your account. We know how devastating it can be to experience a loss, which is why American Integrity provides 24/7 Claims reporting. When a loss occurs, be sure the first call you make is to American Integrity at 1-866-277-9871. You can also file a new claim, and check the status of an existing claim, online at www.aiclaimsportal.com. Please note that our Claims Portal requires separate login credentials from our Customer Portal. American Integrity continues to receive an “A” (Exceptional) financial stability rating from Demotech, Inc. and an A+ accreditation from the Better Business Bureau. To learn more about American Integrity, please visit our website, www.aiiflorida.com, and be sure to follow us on social media for homeowner tips, tropical weather updates, fun facts and much more! If you have any questions regarding your policy or coverage, please contact your American Integrity Insurance Agent. Thank you for being part of the American Integrity family. Sincerely, OO Vshenz President and CEO American Integrity Insurance Company of Florida Exhibit A AIC NB GL 08 19 cc x IN GRITY American Integrity Insurance Company of Florida AlIC PS 05 19 PRIVACY STATEMENT American Integrity Insurance Company of Florida values its relationship with you and recognizes that customer trust is a fundamental element to any successful relationship. American Integrity will protect your privacy and the personal information we use to provide you with superior products and services. We want you to understand how we protect the confidentiality of all personal information obtained in the course of doing business with you. Our pledge is to protect your privacy whether this information is received by mail, telephone, Internet, or in person. Personal Information Collected American Integrity collects personal information from you when it is necessary in conducting the business of insurance. Most of the information used in evaluating your application or servicing your policy is shared with us by you or through your agent. Personal information is also obtained through the claims process. Depending upon your insurance coverage, we may collect personal information about you from a third party or a consumer-reporting agency. We also collect information about your transactions with us, affiliates, or others such as your policy coverage, premiums, payments, and motor vehicle records. Personal Information Disclosed American Integrity does not disclose any personal information about current or former customers to anyone, except as permitted by law or as is necessary in order to provide our products and services to you. When possible, we advise our vendors and other non-affiliated third parties, to whom we legally provide your personal information in the course of conducting our insurance business, of the importance and our commitment to our privacy statement. We make every effort to only use vendors with the same commitment to customer privacy. Security of Personal Information We maintain physical, electronic, and procedural safeguards to protect your personal information. Access to personal information about you is restricted to anyone except those employees, employees of our affiliates, or others who need to know that information to provide products or services to you. American Integrity works diligently to ensure that our websites are secure. We employ firewalls, encryption technology, authentication and access control mechanisms to control access to the personal information that may be shared over these sites. Credit card information is not stored in any database. This information is kept in a server memory only as long as it is needed. Verification and Accuracy Rights Keeping your personal information accurate and up to date is important to us. You have the right to see and request corrections to the personal information we collected that you feel is inaccurate except for information relating to a claim or legal proceeding. Contacting Us Your trust is one of our most valued assets. We will continually work to protect the privacy of our customers. Should you have any questions regarding our privacy policy, you may call us directly at 866- 968-8390, or you may write us at: American Integrity Insurance Company of Florida Privacy Compliance 5426 Bay Center Drive, Suite 600 Tampa, FL 33609-3440 AlIC PS 05 19 Page 1 of 1 American Integrity Insurance Company of Florida AllC DP RWT 01 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATIONS ON ROOF COVERAGE GENERAL EXCLUSIONS DEFINITIONS With respect to the provisions of this endorsement, the following definitions are added or revised; “Roof surface” means the: a Shingles or tiles; b. Cladding, underlayment, or decking; Cc. Metal or synthetic sheeting or similar materials covering the roof; and d. Roof flashing. This includes all materials used in securing the roof surface and all materials applied to or under the roof surface for moisture protection. “Roof appliance” means: a Skylights; b. Turtle vents; C. Solar panels; or d. Ridge vents. “Hurricane occurrence” A “hurricane occurrence” means a storm system that has been declared to be a hurricane by the National Hurricane Center of the National Weather Service, with a duration that: a Begins at the time a hurricane watch or hurricane warning is issued for any part of Florida by the National Hurricane Center of the National Weather Service; b. Continues for the time period during which the hurricane conditions exist anywhere in Florida; and Ends 72 hours following the termination of the last hurricane watch or hurricane warning issued for any part of Florida by the National Hurricane Center of the National Weather Service. “Named Storm” means a storm system that has been identified as a tropical storm and assigned a name by the National Hurricane Center (“NHC”). Under the terms of this endorsement, a Named Storm begins at the time a Tropical Storm Watch or Warning is issued by the NHC for the county in which the affected premises are located, and ends 72 hours after the termination of the last Tropical Storm Watch or Warning issued for that area by the NHC. The following is added under GENERAL EXCLUSIONS: Notwithstanding any other provisions within the policy, with regard to property described in COVERAGE A-— Dwelling and COVERAGE B — Other Structures, unless loss is caused by a “Hurricane occurrence” or “Named Storm,” we do not cover loss to a “Roof surface” or “Roof appliance” caused directly or indirectly by any of the following: a Wear and tear, marring, spatter marks, or deterioration; b. Displacement or removal of roof surface granules that does not result in fracturing, bruising, puncturing, or other damage to the base material or underlying mat; Cc. Inherent vice or latent defect; AllC DP RWT 01 19 Page 1 of 2 American Integrity Insurance Company of Florida AllC DP RWT 01 19 Faulty, inadequate, or defective maintenance: Faulty, inadequate, or defective materials used in repair, construction, renovation, or remodeling; Faulty, inadequate, or defective design, specifications, workmanship, repair, construction renovation, or remodeling; or 9. Settling, shrinking, bulging, or expansion, including resultant cracking. However, we do cover ensuing loss to property described in COVERAGE A — Dwelling and COVERAGE B - Other Structures, caused directly or indirectly by a. through g. above unless precluded by any other provision in this policy. If damage to a “Roof surface” or “Roof appliance” does not involve a “Hurricane occurrence” or “Named Storm”, and the cause of loss, that is not otherwise excluded or excepted, is the sole or proximate cause of loss, such loss is covered All other provisions of this policy apply. AllC DP RWT 01 19 Page 2 of 2 American Integrity Insurance Company of Florida AllC DP DO 12 19 DEDUCTIBLE NOTIFICATION OPTIONS If your policy does not exclude coverage for the peril of Windstorm or Hail, there are various combinations of All Other Peril, Windstorm or Hail (Other Than Hurricane) and Hurricane deductibles available. American Integrity offers the opportunity for you to: 1. Select lower deductibles for an additional premium; or 2. Select higher deductibles for a premium discount. For DP3 a $500 All Other Peril, a $500 Windstorm or Hail (Other Than Hurricane), and $500 Hurricane deductibles will apply if you do not make a choice. All Other Peril deductible options are: $500; $1,000; $2,500; $5,000; $10,000; $15,000; or $25,000 Windstorm or Hail (Other Than Hurricane) deductible options are: $500; $1,000; $2,500; $5,000; $10,000; $15,000; or $25,000 Hurricane deductible options are: $500; 1%, 2%, 5%, or 10% of Coverage A Your current selected deductibles will continue unless you elect to make a change. Not all deductible options may be available due to the type of policy and its dwelling or personal property coverage limit of liability. If you have had a hurricane loss under this policy during the calendar year, a lower selected hurricane deductible will not take effect until Jan. 1 of the following year. If you select either a 1%, 5% or 10% Hurricane deductible, for your Dwelling policy, we recommend you check with your mortgage company to ensure compliance with the terms of your mortgage obligations. Policies that include Sinkhole Loss Coverage, the Sinkhole Loss Coverage deductible is 10% of the Coverage A — Dwelling limit. If you have purchased the Flood Coverage endorsement AIIC PFL, your Flood Coverage deductible options are: $500; $1,000; $2,500; $5,000; $7,500; or $10,000 Please contact your agent if you have any questions or to change your deductible. AllC DP DO 12 19 Page 1 of 1 AMERICAN American Integrity Insurance Company of Florida 5426 Bay Center Drive, Suite 600 INTEGRITY Tampa, FL 33609 POLICY NUMBER: AGD30442239 DWELLING POLICY DECLARATIONS POLICY FORM: DP3 E]New Issue [] Renewal Lchange IMPORTANT PHONE NUMBERS: Your Agency: (727) 209-8888 Policy Effective Date: 02/10/2022 Customer Service: (866) 968-8390 Policy Expiration Date: 02/10/2023 Claims Reporting: (866) 277-9871 12:01 a.m. STANDARD TIME at the described location INSURED NAME AND MAIL ADDRESS: YOUR AMERICAN INTEGRITY AGENCY IS: FILAS EUGENE J TR WhitCo Insurance Agency, LLC Contact Name: LISA FILAS 5308 Gulfport Blvd S Ste B 318 Madrid BLVD Gulfport, FL 33707-4921 Punta Gorda, FL 33950-7916 Described Location covered by this policy is 318 Madrid BLVD, Punta Gorda, FL 33950-7916 County: Charlotte TOTAL ANNUAL POLICY PREMIUM: $3,842.70 The Hurricane portion of the premium is: $880.00 The non-Hurricane portion of the premium is: $1,245.00 Insurance is provided only with respect to the following coverages for which a limit of liability and/or premium is specified, subject to all conditions of this policy. PROPERTY COVERAGES LIMIT OF LIABILITY PREMIUM Coverage A — Dwelling $400,000 $2,125.00 Coverage B — Other Structures $4,000 Included Coverage C — Personal Property $113,000 $1,245.00 Coverage D — Fair Rental Value $40,000 Included Ordinance or Law: 25% of Coverage A $100,000 $296.00 DEDUCTIBLES: In case of a property loss, we only cover that part of the loss over the deductible(s) stated: All Other Perils: $2,500 Windstorm or Hail (Other Than Hurricane): $2,500 HURRICANE DEDUCTIBLE: 2% of Coverage A $8,000 Sinkhole: Not Included LIABILITY COVERAGES Coverage L - Personal Liability $300,000 $80.00 Coverage M - Medical Payments to Others $5,000 Included OPTIONAL COVERAGES: LIMIT OF LIABILITY PREMIUM AllC DP DEC 12 18 Page 1 AMERICAN American Integrity Insurance Company of Florida 5426 Bay Center Drive, Suite 600 INTEGRITY Tampa, FL 33609 POLICY NUMBER: AGD30442239 Limited Carport(s), Pool Cage(s), and Screen Enclosure(s) $10,000 $43.00 Limited Fungi, Mold, Wet or Dry Rot, or Bacteria $10,000 Included DISCOUNTS AND SURCHARGES: Electronic Policy Secured Community/Building Wind Loss Mitigation Credit Total discounts and/or surcharges applied: -$5,167.89 POLICY FEES: Managing General Agency (MGA) Fee $25.00 Emergency Management Preparedness and Assistance Surcharge $2.00 Florida Insurance Guaranty Association 2022 Assessment $26.70 FORM AND ENDORSEMENTS: Greeting Letter AllC NB GL 08 19 Privacy Statement AllC PS 05 19 Limitations on Roof Coverage AllC DP RWT 01 19 Deductible Notification Options AllC DP DO 12 19 Assignment Agreement Notice AllC AA 02 20 Policy Jacket AllC PJ 05 19 Dwelling Property 3 Special Form Index AllC DP3 IDX 07 15 Dwelling Property 3 Special Form DP 00 03 07 88 Personal Liability - Dwelling AllC DP DPL 07 15 Special Provisions for Florida - DP 00 03 - Special Form AllC 01 DP3 SP 12 19 Calendar Year Hurricane Deductible Requirement AllC DP HD 07 15 Actual Cash Value Loss Settlement - Windstorm or Hail Losses to Roof Surfacing AllC DP 04 75 11 20 Coverage B - Other Structures AllC DP CB 07 15 Limited Carport(s), Pool Cage(s) and Screen Enclosure(s) Coverage AllC DP CPS 07 15 Limited Fungi, Mold, Wet or Dry Rot, or Bacteria Coverage AllC DP LFC 07 15 Limited Theft Coverage DP 04 73 07 88 Ordinance or Law Coverage AllC DP OL 07 15 Personal Property Replacement Cost Coverage AllC DP RCC 07 15 Premises Liability (Non-Owner Occupied Dwelling) AllC DP PL 07 15 Outline of your Dwelling Policy AllC DP3 OC 12 18 Checklist of Coverage OIR B1 1670 Notice of Premium Discounts for Hurricane Loss Mitigation OIR B1 1655 Notice of Consumer Reports Ordered and AllC NCR 08 19 Information Used in Premium Determination These Declarations together with the Policy Jacket, Policy Form and endorsements, if any, issued to form a part thereof, complete the above numbered policy. Authorized Countersignature: CO Ps €4— Date Signed: 02/04/2022 AllC DP DEC 12 18 Page 2 AMERICAN American Integrity Insurance Company of Florida 5426 Bay Center Drive, Suite 600 INTEGRITY Tampa, FL 33609 POLICY NUMBER: AGD30442239 RATING INFORMATION: Construction Type: Masonry Year of Construction: 1997 Year of Roof/Updated: 2004 Type of Residence: Tenant Occupied Dwelling Type: Single Family Number of Months occupied: Annual Occupancy: Tenant Protection Class: 03 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 DWELLING 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. AllC DP DEC 12 18 Page 3 AMERICAN American Integrity Insurance Company of Florida 5426 Bay Center Drive, Suite 600 INTEGRITY Tampa, FL 33609 POLICY NUMBER: AGD30442239 THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. YOUR POLICY PROVIDES COVERAGE FORA 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. A rate adjustment of -$5,101.15 is included to reflect the Windstorm Loss Mitigation Device Discount. This discount applies only to the wind portion of your premium and can range from a 0% to 89% discount. A rate adjustment of $0.00 is included to reflect the Building Code Effectiveness Grade in your area. Adjustments range from a 1% surcharge to a 9.8% discount. AllC DP DEC 12 18 Page 4 American Integrity Insurance Company of Florida AllC AA 02 20 ASSIGNMENT AGREEMENT NOTICE Please be aware you do not need to enter into an assignment agreement to access coverage under your homeowners policy. Florida law relating to assignment agreements (often called Assignment of Benefits or “AOB”) used for urgent or emergency circumstances has changed effective July 1, 2019. On and after that date, if you have a homeowners claim and choose to sign an AOB with a contractor or vendor relating to urgent or emergency circumstances, the amount the contractor or vendor may charge you for these emergency services could be limited to the greater of $3,000.00 or 1% of your Coverage A limit. Urgent or emergency circumstances are defined by statute as “a situation in which a loss to property, if not addressed immediately, will result in additional damage until measures are completed to prevent such damage.” The Florida Office of Insurance Regulation advises taking the following precautionary measures if you choose to sign an AOB: . Read your insurance policy and know what your responsibilities are after a loss. . Contact your insurance company/agent before signing the AOB. e Read the AOB carefully. Do not feel pressured to sign it. e Beware of language that allows all proceeds of the claim to be made to anyone other than you or your mortgage company. e Do not sign if there are blank spaces in the document. For additional information, visit the Florida Office of Insurance Regulation AOB Resources online at: http://www. floir.com/Sections/PandC/AssignmentofBenefits.aspx. If you enter into an AOB it must be submitted to and received at: American Integrity Insurance Company 5426 Bay Center Dr. Suite 600 Tampa Florida, 33609 Below is an excerpt from the legislation (HB 7065, now Chapter No. 2019-57) addressing this limitation: If an assignor* acts under an urgent or emergency circumstance to protect property from damage and executes an assignment agreement to protect, repair, restore, or replace property or to mitigate against further damage to the property, an assignee** may not receive an assignment of post-loss benefits under a residential property insurance policy in excess of the greater of $3,000 or 1 percent of the Coverage A limit under such policy. For purposes of this paragraph, the term “urgent or emergency circumstance” means a situation in which a loss to property, if not addressed immediately, will result in additional damage until measures are completed to prevent such damage. *Assignor = policyholder **Assignee = contractor or vendor AllC AA 02 20 Page 1 of 1 American Integrity Insurance Company of Florida AIIC PJ 05 19 American Integrity Insurance Company of Florida Policy Jacket 5426 Bay Center Drive Suite 600 Tampa, FL 33609-3440 Customer Service: 1-866-968-8390 IN WITNESS WHEREOF: In consideration of your paid premium, American Integrity Insurance Company of Florida is proud to extend to you the coverage offered by this insurance contract. Cl Crea: President, American Integrity Insurance Company of Florida AlIC PJ 05 19 Page 1 of 1 American Integrity Insurance Company of Florida AllC DP3 IDX 07 15 DWELLING PROPERTY -— 3 — SPECIAL FORM - DP 00 03 07 88 - INDEX Page Number AGREEMENT 4 DEFINITIONS 4 COVERAGES 1-3 COVERAGE A — Dwellin COVERAGE B — Other Structures COVERAGE C - Personal Property -2 COVERAGE D - Fair Rental Value OTHER COVERAGES 2-3 PERILS INSURED AGAINST 45 COVERAGE A — Dwelling and COVERAGE B — Other Structures... COVERAGE C - Personal Property.. 45 GENERAL EXCLUSIONS. 5-6 We do not insure for loss caused directly or indirectly by any of the followin Ordinance or Law.. Earth Movement... Water Damage. 5-6 Power Failure. Neglect. War, Nuclear Hazard . 8. Intentional Loss. We do not insure for loss to property described in COVERAGE A and B caused by any of the following: 4 Weather condition: 2. Acts or decisions. 3. Faulty, inadequate or defective CONDITIONS... 6-9 Policy Perio« Insurable Interest and Limit of Liability Concealment or Fraud . Your Duties After Loss 6-7 Loss Settlement ..... Loss to a Pair or Set Glass Replacement . 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. 17. No Benefit to Bailee . Cancellation Bo 18. Non-Renewal . 19. Liberalization Clause 20. Waiver or Change of Policy Provisions. 21 Assignment. 22. Death ... 23. Nuclear Hazard Clause. 24. Recovered Property. 25. Volcanic Eruption Pet 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. AllC DP3 IDX 07 15 Page 1 of 1 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 41 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 animals, birds or fish; service of and located on the Described Location. aircraft and parts. Aircraft means any contrivance 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 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 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 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- scribed Location as a result of direct damage to a b. electronic data processing tapes, wires, rec- neighboring location by a Peril Insured Against in this ords, discs or other software media. 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 The periods of time referenced above are not limited programs available on the retail market; 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 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 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 incurr