Preview
Filing # 159489705 E-Filed 10/18/2022 07:59:56 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN
AND FOR OSCEOLA COUNTY,
FLORIDA
JOHANNES BLUMRICH AND EILEEN FUCHS, CASE NO.:
Plaintiffs,
V.
FLORIDA INSURANCE GUARANTY
ASSOCIATION, INC.,
Defendant.
/
PLAINTIFFS’ COMPLAINT FOR BREACH OF CONTRACT AND DEMAND
FOR JURY TRIAL
COME NOW, Plaintiffs, JOHANNES BLUMRICH AND EILEEN FUCHS, through the
undersigned counsel, and hereby files this Complaint against Defendant, FLORIDA INSURANCE
GUARANTY ASSOCIATION, INC., (Defendant), and as grounds therefore states as follows:
1 This is an action for damages in excess of THIRTY THOUSAND DOLLARS
($30,000.00), exclusive of interest, attorneys’ fees and costs, and is otherwise within the
jurisdictional limits of this Court.
2 St. Johns Insurance Company (“St. Johns”) was an insurance company authorized
to do business in the State of Florida and doing business and maintaining offices and/or agents for
the transaction of its customary business in Osceola County, Florida.
3 St. Johns was placed into receivership for the purposes of liquidation by the Second
Judicial Circuit in Leon County, Florida.
4 Pursuant to the Florida Insurance Guaranty Act, Fla. Stat. §631.50 et seq.,
Defendant has been activated to help pay outstanding claims for St. Johns’ property and casualty
policies.
Page 1 of 6
5 Prior to April 11, 2021, Plaintiffs sought and purchased homeowner’s insurance
from St. Johns to cover their property located at 2632 Ellen Avenue, Kissimmee, Florida 34744,
(hereinafter “property and/or Insured Property”).
6 The subject policy of insurance, which is believed to be policy number
$J30140145015, was issued by St. Johns to Plaintiffs to provide property insurance coverage for
the Insured Property.
7
Plaintiffs have paid the premiums for the Contract prior to April 11, 2021.
8 At all times material hereto, Plaintiffs and St. Johns had a policy of insurance
believed to be, Policy No. $J30140145015, (hereinafter “Contract”). The subject contract and/or
declaration pages of the subject contract are attached hereto as Exhibit “A”.
9 The Insured Property sustained direct physical damages as a result of windstorm on
April 11, 2021.
10. St. Johns received timely notice of the loss.
11. St. Johns assigned the loss reported by Plaintiff and described in paragraph 10
above a claim number believed to be Claim No. CSTH2201351.
12. The Contract was in full force and effect as of April 11, 2021.
13. The damage caused was covered under the Contract issued by St. Johns to Insured
and as defined by Fla. Stat. 631.54(4) (2020).
14. Plaintiffs’ claim is a “covered claim” as defined by Florida Stat. § 631.54(3).
15. The obligations imposed on Defendant under Fla. Stat. § 631.57(1)(b) “must be
construed liberally to effect the purposes of the FIGA Act[.]” Jones v. Florida Ins. Guar. Ass ‘n,
Inc., 908 So. 2d 435, 454 (Fla. 2005).
Page 2 of 6
16. Pursuant to Fla. Stat. §631.57(1)(a)1, Defendant is “obligated to the extent of the
covered claims existing: a. Prior to adjudication of insolvency[.]” Accordingly, FIGA is deemed
the “insurer to the extent of its obligation on the covered claims, and, to such extent, shall have all
rights, duties, defenses, and obligations of the insolvent insurer as if the insurer had not become
insolvent.” Fla. Stat. §631.57(1)(b).
17. The obligations imposed on Defendant under Fla. Stat. §631.57(1)(b) “must be
construed liberally to effect the purposes of the FIGA Act[.]” Jones v. Florida Ins. Guar. Ass’n,
Inc., 908 So. 2d 435, 454 (Fla. 2005).
18. The Florida Insurance Guaranty Act’s purpose is to “[p]rovide a mechanism for the
payment of covered claims under certain insurance policies to avoid excessive delay in payment
and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer.”
Fla. Stat. § 631.51(1). Moreover, “[t]he Act is designed to protect Florida citizens, not the
insurance industry.” Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d at 442.
19. Pursuant to the Florida Insurance Guaranty Act, Defendant was obligated to act in
the capacity of the insurer as to the Plaintiffs’ claim for damages at the Insured Property.
20. Defendant’s responsibilities and liability are directly linked to the insolvent
insurer's contractual obligations. Jones v. Florida Ins. Guar. Ass'n, 908 So.2d at 444.
21. Upon information and belief, a claim number was opened by Defendant as Claim
No. CSTH2201351.
22. Defendant and its agents requested and were given access and the opportunity to
inspect the Insured Property and the reported damage arising from the loss described in paragraph
8 above.
Page 3 of 6
23. Prior to this action, the Defendant denied coverage and/or failed to issue full
payment for the loss described in paragraph 10 above pursuant to the terms and coverages available
under the Contract.
24. This is an action relating to Defendant’s breach of Contract for its failure to provide
the appropriate amount of coverage and properly pay the full amount of insurance proceeds owed
to Plaintiffs.
25. Jurisdiction and venue of this matter are proper in the Circuit Court for Osceola
County, Florida.
COUNT I- BREACH OF CONTRACT
26. Plaintiffs reallege and reincorporate paragraphs 1-25 as if fully stated herein, and
further allege as follows:
27. During the above Contract period the Insured Property sustained direct physical
damages to the property, including but not limited to the interior, exterior, and roofs.
28. Plaintiffs provided timely notice of the loss, described in paragraph 10, above to
the Defendant.
29. Prior to the initiation of this lawsuit, Defendant has denied coverage under the
Contract for the damages referenced herein and/or has refused or otherwise failed to issue full
payment to Plaintiff for the physical damages to the Insured Property sustained during the Contract
period.
30. The Defendant has wrongfully determined the damages to the Insured Property are
excluded under the Contract and/or represented that the damages are less than the damages actually
sustained as a result of the loss.
Page 4 of 6
31. Defendant has failed to provide complete coverage and/or issue full payment for
the physical damages that occurred as a result of the loss during the Contract period.
32. This failure is contrary to the terms of the Contract and constitutes a breach of the
Contract.
33. The Plaintiffs have provided notice, complied with all obligations, and conditions
precedent to this lawsuit, and as required by Florida Statute(s) which would entitle Plaintiff to
recover under the Contract or such conditions/obligations have been waived.
34. The Plaintiffs have complied with all policy obligations and conditions precedent
to this lawsuit which would entitle the Plaintiffs to recover benefits under the Contract, or such
conditions/obligations have been waived.
35. Plaintiffs and St. Johns are parties to a valid and binding contract under which
Defendant is required, pursuant to the Florida Insurance Guaranty Act, to provide insurance
benefits to Plaintiffs in the event of a covered loss to Plaintiffs’ Property.
36. The Plaintiffs have been damaged by this breach by St. Johns refusing to pay the
full amount owed under the Contract.
37. As a direct and proximate result of St. Johns’ breach of contract, the Plaintiffs have
been required to retain the services of the undersigned attorneys to represent and protect the
interests of the Plaintiffs, and the Plaintiffs have become obligated to pay its counsel a reasonable
fee for their services in bringing this action, along with necessary costs incurred.
38. The Plaintiffs have been damaged by this breach in the form of unpaid insurance
proceeds needed to restore the Insured Property to its pre-loss condition as a result of Defendant
refusing to provide complete coverage and pay the full amount owed under the Contract.
Page 5 of 6
39. In the event that Plaintiffs prevail in this action, Plaintiffs are entitled to an award
of attorneys’ fees and costs pursuant to section §627.428, §626.9373, §627.70152 and §57.041, of
Florida Statutes and/or any other Florida Law.
WHEREFORE, Plaintiffs demand judgment against Defendant for damages, including but
not limited to damages owed under the Contract, statutory interest, and attorneys’ fees and costs.
DEMAND FOR JURY TRIAL
Plaintiff further demands a trial by jury of all issues so triable as a matter of right.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant.
/s/Anthony Dennis, Esq.
ANTHONY M. DENNIS, ESQ.
Florida Bar No.: 123526
JOSEPH R. KESSLER, ESQ.
Florida Bar No.: 119232
DENNIS KESSLER, PLLC
Attorneys for Plaintiff
333 SE 2nd Avenue, Suite 2000,
Miami, FL 33131
Phone: (813) 607-5111
Fax: (813) 522-6157
Primary: adennis@dklawfl.com
Secondary: jherrera@dklawfl.com
e-service email address: eservice@dklawfl.com
Page 6 of 6
CPi
Homeowners Policy Declaration
Policy Generation
6675 Westwood Blvd., Suite 360 Customer Service: 1-800-748-2030
Orlando, FL 32821 Claim Reporting: 1-877-748-2059
Policy Number: SJ30140145 Policy Effective Date: 01/31/2021
Process Date: 02/11/2022 12:01 PM__ Policy Expiration Date: 01/31/2022 12:01 AM at property address
N jamed Insured and Mailing Address: Agency: 9966574
Johannes Blumrich FLORIDA INS SPECIALISTS
Eileen A Fuchs Address:
2632 ELLEN AVE 1025 GREENWOOD BLVD STE 295
KISSIMMEE, FL 34744-6214 LAKE MARY, FL 32746
ae
Phone Number: (407)805-0200
Email Address: Customer.Service@thefis.com
Change Reason(s): Policy Copy - CSTH-22-01351 Effective Date: 4/11/2021
In return for the payment of premium, coverage is provided where premium and limit of liability are shown. Flood coverage
is not provided by this policy.
Location(s) of Property Insured: 2632 ELLEN AVE
KISSIMMEE, FL 34744-6214
Property Characteristics:
Form: HO-3 Protection Class: 04 BCEG: 99
Rating Tier: Preferred Construction Type: Masonry Occupancy: Owner
Territory: 511 - Osceola Month/Year Bui 01/1986 Usage: Primary
County: 0097-Osceola Structure Type: Dwelling Number of Families: 1 Family
County
Burglar Alarm: Fire Alarm: Automatic Sprinklers:
Roof Year: 2004
Mitigation Characteristics:
Building Code Indicator: Built prior to FBC Opening Protection: None
Roof Cover and Attachment: Unknown or Non- Secondary Water Resistance: No
Equivalent
Roof Deck Attachment: 6d @ 6/12" Roof Geometry: Hip Roof
Roof Wall Connection: Unknown Gable End Bracing; Not applicable, unknown or
unidentifed
Hurricane Deductible: 2% = $ 7,731
All Other Peril Deductible: $1,000
Ku
AUTHORIZED COUNTERSIGNATURE 02/11/2022
Company Copy SJDEC 05 11
Page 1 of 4
Homeowners Policy Declaration
©) T. JOHNS Policy Generation
6675 Westwood Blvd., Suite 360 Customer Service: 1-800-748-2030
Orlando, FL 3 Claim Reporting: 1 159
Policy Numbe $J30140145 y Effective Date: 01/31/2021
Process Dat 2/11/2022 1PM _ P. y Expiration Dat 01/31/2022 1 01 AM at property address
Policy Premiu $5,763.00 Fees/Assessment: 27.00 Total Annual Premium: $5,790.00
Homeowners Policy Declaration
(7) ST. JOHNs Policy Generation
J
6675 Westwood Bivd., Suite 360 Customer Secvice: 000.145.2000
OTHER INTEREST(S):
None
NOTICES
THIS REPLACES ALL PREVIOUSLY ISSUED POLICY DECLARATIONS, IF ANY. THIS POLICY APPLIES ONLY TO
ACCIDENTS, OCCURRENCES, OR LOSSES WHICH HAPPEN DURING THE POLICY PERIOD SHOWN ABOVE.
A rate adjustment of 0.0% is included to reflect building code grade in your area. Adjustments range from 2% surcharge
to 14% credit.
A rate adjustment of 43% 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% credit.
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS
AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE
AGENT.
Company Copy SJDEC 05 11
Page 3 of 4
roe
Homeowners Policy Declaration
Policy Generation
6675 Westwood Blvd., Suite 360 Customer Servi 1-800-748-2030
Orlando, FL 32821 Claim Reporting: 1-877-748-2059
Policy Number: SJ30140145 Policy Effective Date: 01/31/2021
Process Date: 02/11/2022 12:01PM __ Policy Expiration Date: 01/31/2022 12:01 AM at property address
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER
THE PURCHASE OF FLOOD INSURANCE. YOUR
HOMEOWNERS 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.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER
COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND
UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE
COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL
COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.
Company Copy SJDEC 05 11
Page 4 of 4
ST. JOHNS
I NSURANCE
This Policy Jacket with the Policy Form Declarations Page and
Endorsements, if any, issued to form a part thereof, completes the policy
as numbered on the Declarations Page.
YOUR HOMEOWNERS POLICY DOES NOT PROVIDE
COVERAGE FOR DAMAGE TO YOUR PROPERTY
CAUSED BY FLOOD. YOUR AGENT CAN HELP YOU
PROCURE A SEPARATE FLOOD POLICY THROUGH
THE NATIONAL FLOOD INSURANCE PROGRAM.
SJ J1 08 09
To Report a Claim:
877-748-2059
POLICY PROVISION: All premiums for this insurance shall be computed in
accordance with St. Johns Insurance Company's rules, forms, rating plans, premiums
and minimum premiums applicable to the insurance afforded herein which are in
effect at the inception of the insurance and, each anniversary thereof, including the
date of interim changes.
IN WITNESS WHEREOF, the insured identified on the reverse hereof has cuased
this instrument to be signed by its President.
Reese |. Bowen
President
St. Johns Insurance Company
SJ J1 08 09
St. Johns Insurance Company, Inc.
Privacy Policy Notice
(as of 08/13/09)
This Privacy Policy identifies the personal information we collect and hold. It describes how we
use, share and protect it. It also explains how to contact us if you have any questions regarding this
Privacy Policy or the personal information collected about you. The Privacy Policy applies to personal
information collected from or about former customers and current customers.
1. Information we collect
Based on our relationship with you, we collect certain personal information from and about you
The information collected is adequate, relevant and appropriate for the particular insurance product or
services for which you have applied or obtained from us. For example, we may collect or verify
personal information from or about you from the sources and of the type indicated below.
. From applications, forms, your communications (including electronic
communications) and other interactions - information including, without limitation,
your name, address, email address, telephone number, Social Security or other
identification number, and property to be insured.
From your transactions with us or others, as permitted by law -information including,
without limitation, payment history, past premiums, claims history, credit history where
relevant, and loss information reports.
How we use your information
We use personal information to provide, maintain, service and process the products and
services we provide to you or which you request from us. This may include, but are not limited to,
using it to (a) evaluate your insurance requests; (b) process, service and maintain policies and
transactions; (c) administer and investigate claims; (d) resolve disputes; (e) prevent fraud;
(f) monitor and archive communications; or (g) perform risk control, including obtaining reinsurance.
Additionally, we may use your personal information (a) in accordance with applicable law; (b) to
verify your identity when you inquire regarding a product furnished by us to you; or (c) to comply with
legal and regulatory requirements.
3. Information we may share with or disclose to affiliated and nonaffiliated third parties
We do not rent or sell personal information. We share or disclose personal information to
affiliates and nonaffiliates to effect, administer or enforce a transaction that you requested or
authorized. We also share or disclose information to affiliated and nonaffiliated third parties (a) in
connection with servicing or processing an insurance product or service that you requested or
authorized or maintaining or servicing your account or (b) to comply with our obligations or assert our
rights as an insurer. For example, we may share or disclose personal information to these affiliated or
nonaffiliated third parties to assist us in the following:
Processing, billing or collecting premiums or amounts due to us
Underwriting coverage
Determining benefits
Administering, processing, investigating or servicing claims
Determining the coverage risk
‘SJ PRV 08/09 Page 1 of 2
. Investigating and preventing fraud or material misrepresentation
. Providing services required of an insurer.
In addition, these affiliated and nonaffiliated third parties help us by (a) mailing policy statements and
other information for us; (b) verifying information or coverage, including identity; (c) developing,
operating and maintaining our services and systems; and (d) assessing risk.
These affiliated and nonaffiliated third parties are required to (a) protect the confidentiality and
security of personal information and (b) use the personal information only for the purposes for which
we retain them and in accordance with this Privacy Policy.
4. Information we may share or disclose as required by law
We may also share or disclose personal information to (a) government agencies and regulatory
and law enforcement authorities in accordance with federal, state and local law or (b) as otherwise
required by law.
5. How we protect the confidentiality and security of personal information
We have implemented a program which includes administrative, technological and physical
procedures to protect personal information. We utilize, in addition to other measures, the following:
People. We educate our employees to treat personal information with care. We work to limit
its access to those who need it for the purposes stated in this Privacy Notice.
Policies and Procedures. We maintain, monitor, and update our physical, electronic and
procedural safeguards. We comply with applicable regulations to protect personal
information.
eSecurity. We take reasonable technical and organizational security measure, under the
circumstances, to keep personal information confidential. We secure personal information
against unauthorized or unlawful access, and to prevent loss, destruction, or damage.
#Commitment. We require any person or organization providing products or services on our
behalf to protect personal information that is provided to them or to which they have access
from or through us.
6. Changes to Privacy Policy
We reserve the right to change this Privacy Policy, at any time. We will send you a revised
Privacy Policy if we materially change it. For example, should we intend to (a) provide personal
information, for a purpose or use not referenced in this Privacy Policy or (b) disclose or share personal
information to others for a purpose or use not referenced in this Privacy Policy, we will notify you of the
change.
7. Your rights
You have the right to obtain from us the personal information we have collected regarding you
and to correct such information.
8. Contact Us
If you have any questions regarding this Privacy Policy Notice, you may contact us via e-mail at
info@stjohnsinsurance.com or by telephone at 866.304.7779.
‘SJ PRV 08/09 Page 2 of 2
St. Johns Insurance Company
OUTLINE OF COVERAGE — HOMEOWNERS POLICY
This outline is provided to help you more easily ADDITIONAL COVERAGE
understand your St. Johns Insurance Company The following additional coverages are extended
Homeowners Policy. It highlights the major coverages, through the Homeowners Insurance Policy. Referto
exclusions, limitations and deductibles of your policy your policy to determine specific limits or limitations:
and provides information on discounts, surcharges, Debris Removal
cancellation and nonrenewal. However this is just a Reasonable Repairs
guide and nota legal contract. Please read your Trees, Shrubs and Other Plants
Homeowners policy carefully for complete Fire Department Service Charge
descriptions and details. Property Removed
The following Outline is for informational purposes only. Credit Card, Fund Transfer Card, Forgery
Florida law prohibits the Outline form changing any of Counterfeit Money
the provisions of the insurance contract, which is the Loss Assessment
subject of this Outline. Any endorsement including Collapse
changes in types of coverage, coverage limits, Glass or Safety Glazing Material
exclusions, deductibles, renewal or cancellation Landlords Furnishings
provisions, surcharges, credits, or any other changes Fungi, Wet or Dry Rot, or Bacteria
will be sent separately. PERILS INSURED AGAINST
SECTION I - PROPERTY COVERAGE This policy insures to the limits of Coverages “A”, “B”
Coverage A — Dwelling and “C”, against sudden and accidental direct physical
Applies to your residence premises, protects your losses except as limited or excluded by your policy,
dwelling and structures attached to your dwelling. caused by:
It also protects against covered loss to building Fire or lightening
materials located on your residence premises, which Windstorm or hail
are being used in connection with your residence Explosion
premises. The Coverage A amount shown on your Riot or civil commotion
policy declarations should reflect the cost replacing Aircraft
your home at current construction costs. Vehicles
Coverage B — Other Structures Smoke
Protects against covered loss to structures on your Vandalism or malicious mischief
residence premises other than the primary dwelling. Theft (on premises only)
Unattached garages, storage buildings are collectively Falling objects
covered up to the Coverage B limit shown on the policy Accidental discharge or overflow of water
declarations. Freezing of plumbing or household appliances
Coverage C — Personal Property Catastrophic Ground Cover Collapse
Protects against covered loss to your personal property Note: (1) If your property is located in an area
such as clothing and furniture. Special limits apply to elig le for a Wind Coverage Policy from the
some types of personal property including but not Citizens Property Insurance Corporation,
limited to: money, securities, watercraft, firearms, “Windstorm or Hail” coverage must be excluded
silverware electronic devices business property and from your policy. Be sure to obtain this important
theft of jewelry. Under certain circumstances, the coverage if it has been excluded from your policy.
property of others may be covered. Note: (2) Flood Coverage is not provided by your
There are also some items not covered under Homeowners Policy. Flood Coverage is available
Coverage “C”. Examples include animals, motorized
thru the National Flood Insurance Program. Your
vehicles, property in a rental unit and property of
Insurance Agent can assist you in obtaining this
roomers, boarders, or other tenants.
valuable protection.
Coverage D — Additional Living Expense
Protects against loss resulting from any additional living PROPERTY EXCLUSIONS
expenses you incur while you are temporarily unable to This policy does not provide protection under
live at your home because of a covered loss. Payment Coverages “A”, “B” and “C’, if applicable to your policy
would include such items as temporary lodging and for losses resulting in any manner from:
increased costs for food. However, coverage is limited Ordinance or Law (in excess of 25% of Coverage “A”)
to 12 consecutive months from the date of loss and Earth Movement, other than a covered sinkhole
other specified limitations. collapse
Flood, or surface water
Water below ground surface
SJOC 12 11 Page 1 of 3
St. Johns Insurance Company
OUTLINE OF COVERAGE — HOMEOWNERS POLICY
Water which backs up through sewers, drains or For any cancellation that would be effective between
Overflows from sump pumps June 1 and November 30, we will mail written notice at
Off Premises Power Failure least 100 days or by June 1, which ever is earlier,
Neglect before the cancellation becomes effective.
War or Nuclear Hazard lf the cancellation is due to nonpayment of premium,
Intentional or Criminal Acts we will give you at least 10 days advance written
SECTION II - LIABILITY COVERAGE notice.
Coverage E — Personal Liability Unless the cancellation is due to nonpayment of
Generally provides coverage for bodily injury or premium, we will provide you with at least one hundred
property damage you or a person insured under your twenty (120) days written notice prior to the effective
policy are legally obligated to pay. The bodily injury or date of cancellation in the event you have been insured
property damage must arise from an occurrence by us or an affiliate for a period of at least five (5)
covered under Section II of your policy. Coverage is consecutive years immediately prior to the issuance of
excluded for intentional acts, business activities, the notice.
professional services, abuse and acts arising from use Nonrenewal
of a controlled substance and specific coverage sub If we do not intend to renew your policy we will mail
limits may be applied in specific circumstances. notice to you at least 100 days before the expiration
Coverage for Animal Liability and Home Day Care date of the policy.
Operations are excluded from coverage by specific For any nonrenewal that would be effective between
endorsement. June 1 and November 30, we will mail the notice by at
Coverage F — Medical Payments To Others least 100 days or by June 1, whichever is earlier,
Provides coverage for reasonable and necessary before the expiration date of the policy.
medical expenses if a guest is injured on your premises We will provide you with at least one hundred twenty
or off the insured premises under certain (120) days written notice prior to the effective date of
circumstances. The bodily injury must arise from an nonrenewal in the event you have been insured by us
occurrence covered under Section II of your policy with or an affiliate for a period of at least five (5) consecutive
limited exceptions. years immediately prior to the issuance of the notice.
Note: Coverage “E” Personal Liability and Coverage PREMIUM CREDITS
“F” Medical Payments To Others do not apply to The following are premium credits available on your
“Bodily Injury” or “Property Damage’ arising out of the Homeowners Policy. Your policy Declarations page will
ingestion or inhalation or lead on any form of show which or these credits, if any apply to your policy.
substance. Injury resulting from exposure to radon and Protective Devices
pollutants are also excluded. If your home has a qualified central station burglar
NONRENEWAL AND CANCELLATION PROVISIONS alarm, central station fire alarm or automatic fire
All cancellations are granted a pro-rata return of sprinkler system, you are eligible for a premium credit.
premium. Pro-rata means no penalty for early Deductible Credits
cancellation. A hurricane deductible of 2% and an All Other Perils of
Your Right To Cancel $1,000 are standard. The deductible is the value of the
You may cancel the policy at any time, for any reason, loss you must incur before this policy pays. Deductible
by giving advance written notice of the future options greater than the standard deductibles may be
cancellation effective date. available at a premium credit. Deductibles less than
Our Right To Cancel the standard deductibles may be available which will
If your policy has been in effect for 90 days or less and result in premium increases. Contact your Agent to
the insurance is cancelled for other than nonpayment explore your deductible options.
of premium, we may cancel for any valid reason by Building Code Compliance and Wind Mitigation
giving you at least 20 days notice before the This credit is available on homes built in compliance
cancellation effective date. Except where there has with the 2001 Florida Building Code designed to lessen
been a material misstatement, misrepresentation, or the effect of losses resulting from windstorms and
failure to comply with underwriting requirements hurricanes.
established in the first 90 days, then we may cancel Superior Construction
immediately. Certain homes of fire resistive and wind resistive
If your policy has been in effect over 90 days, or if your construction are eligible for a premium credit.
policy is a renewal with us, we may cancel your policy AVAILABLE POLICY OPTIONS
for only a limited number of reasons by giving you at Personal Property Replacement Cost
least 100 days advance written notice before the Scheduled Personal Property
cancellation becomes effective. Deductible Options (see above)
Increased Liability and Medical Payments Limits
SJ OC 12 11 Page 2 of 3
St. Johns Insurance Company
OUTLINE OF COVERAGE — HOMEOWNERS POLICY
Increased Limits and Special Coverage Condominiums
Increased Limits Personal Property
Increased Law and Ordinance
Increased Special sub limits for Fungi
Identity Theft
Wet or Dry Rot, or Bacteria - Increased Limits
Permitted Incidental Occupancies
Loss Assessment Coverage - Increased Limits
Other Structures — Increased Limits
Golf Cart Liability and Physical Damage
Personal Injury Liability
Water Back Up and Sump Discharge or Overflow
Sinkhole Loss Coverage
Animal Liability
Equipment Breakdown
SJ OC 12 11 Page 3 of 3
St. Johns Insurance Company Homeowners
SJ HO 100 01 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIAL PROVISIONS — FLORIDA
DEFINITIONS SECTION I - PROPERTY COVERAGES
In paragraph B.8. of forms HO 00 03, HO 00 04 and COVERAGE A — DWELLING AND COVERAGE B
HO 00 06, is replaced by the following: OTHER STRUCTURES
8. “Occurrence” means an accident, including In form HO 00 03, the following is added:
continuous or repeated exposure to substantially This coverage does not apply to damage to aluminum
the same general harmful conditions, which framed screened enclosures due to hurricane.
results, during the policy period, in:
The following is added to Forms HO 00 03 and HO 00
a “Bodily injury,” or 06.
b “Property damage.” Special Limits of Liability
All “bodily injury” or “property damage” that is Cosmetic and Aesthetic Damage to Floors
attributable directly or indirectly to one cause or to The total limit of liability for Coverages A and B
one series of similar causes will be added (Coverage A in form HO 00 06) combined is $10,000
together and the total amount of such losses will per policy period for cosmetic and aesthetic damages
be treated as one occurrence irrespective of the to floors.
period of time or area over which such losses
occur. a Cosmetic or aesthetic damage includes but is not
limited to:
In paragraph B.3. of forms HO 00 03, HO 00 04 and 4
HO 00 06, the entire definition of “Business” is Chips;
replaced by the following: 2. Scratches;
3. “Business” includes trade, profession or 3. Dents; or
occupation. 4. Any other damage;
In paragraph B.6. “Insured Location” of forms HO to less than 5% of the total floor surface area and
00 03, HO 00 04 and HO 00 06, B.6.f. is replaced by does not prevent typical use of the floor.
the following: This limit includes the cost of tearing out and
f. Land owned by or rented to an “insured” on replacing any part of the building necessary to
which a one or two family dwelling is being repair the damaged flooring.
built as a residence for an “insured”; This limit does not increase the Coverage A or
In paragraph B.11. “Residence Premises” of forms Coverage B limits of liability shown on the
HO 00 03 and HO 00 04, B.11.c. is replaced by the declaration page.
following: This limit does not apply to cosmetic or aesthetic
c. That part of any other building; damage to floors caused by a Peril Insured
Where you reside and which is shown as the Against as named and described for Coverage C
“residence premises” in the Declarations. Personal Property.
“Residence premises” also means a two B. Coverage B. — Other Structures.
family dwelling where you reside in at least Paragraph B.3. in form HO 00 03 is replaced by:
one of the family units and which is shown as 3. The limit of liability for this coverage will not be
the “residence premises’ in the Declarations.
more than 2% of the limit of liability that applies to
“Residence premises” also includes other Coverage A. Use of this coverage does not
structures and grounds at that location. reduce the Coverage A limit of liability.
The following definition is added: Coverage C — Personal Property - In forms HO 00
“Fungi” 03, C.3. (HO 00 04 is A.3., HO 00 06 is B.3. and
a “Fungi” means any type
or form of fungus, Endorsement HO 17 51 is B.3.) is replaced by the
including mold or mildew, and any following:
mycotoxins, spores, scents or by-products 3. Special Limits Of Liability.
produced or released by fungi. The special limit for each category shown below
Under Section Il, this does not include any is the total limit for each loss for all property in
fungi that are in, are on, or are contained in a that category.
good or product intended for consumption. These special limits do not increase the Coverage
C limit of liability.
a $200 on:
SJ HO 100 01 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 9
Copyright, © ISO Properties, Inc., and ISO Services Properties, Inc. 2003
St. Johns Insurance Company Homeowners
SJ HO 100 01 20
(1) Money; (4) Trays; and
(2) Bank notes; (5) Trophies:
(3) Bullion; Made of or including silver, gold or pewter.
(4) Gold other than goldware; $2,500 on property, on the “residence
(5) Silver other than silverware; premises,” used primarily for “business”
(6) Platinum other than platinumware; purposes.
(7) Coins;
$250 on property, away from the “residence
(8) Medals;
premises,” used primarily for “business”
(9) Scrip;
(10) Stored value cards; and
purposes.
(11) Smart cards. However, this limit does not apply to loss to
electronic apparatus and other property
$1,000 on:
described in Categories j. and k. below.
(1) Securities;
$1,000 on electronic and
apparatus
(2) Accounts;
accessories, while in or upon
“motor a
(3) Deeds; vehicle,” but only if the apparatus is equipped
(4) Evidences of debt; to be operated by power from the “motor
(5) Letters of credit; vehicle's” electrical system while still capable
(6) Notes other than bank notes; of being operated by other power sources.
(7) Manuscripts;
(8) Personal records; Accessories include:
(9) Passports; (1) Antennas;
(10) Tickets; and (2) Tapes;
(11) Stamps. (3) Wires;
This dollar limit applies to these categories (4) Records;
regardless of the medium (such as paper or (5) Discs; or
computer software) on which the material exists. (6) Other media that can be used with any
This limit includes the cost to research, replace or apparatus described in this Categoryj.
restore the information from the lost or damaged
Preview
Filing # 159489705 E-Filed 10/18/2022 07:59:56 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA JOHANNES BLUMRICH AND EILEEN FUCHS, CASE NO.: Plaintiffs, V. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Defendant. / PLAINTIFFS’ COMPLAINT FOR BREACH OF CONTRACT AND DEMAND FOR JURY TRIAL COME NOW, Plaintiffs, JOHANNES BLUMRICH AND EILEEN FUCHS, through the undersigned counsel, and hereby files this Complaint against Defendant, FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., (Defendant), and as grounds therefore states as follows: 1 This is an action for damages in excess of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of interest, attorneys’ fees and costs, and is otherwise within the jurisdictional limits of this Court. 2 St. Johns Insurance Company (“St. Johns”) was an insurance company authorized to do business in the State of Florida and doing business and maintaining offices and/or agents for the transaction of its customary business in Osceola County, Florida. 3 St. Johns was placed into receivership for the purposes of liquidation by the Second Judicial Circuit in Leon County, Florida. 4 Pursuant to the Florida Insurance Guaranty Act, Fla. Stat. §631.50 et seq., Defendant has been activated to help pay outstanding claims for St. Johns’ property and casualty policies. Page 1 of 6 5 Prior to April 11, 2021, Plaintiffs sought and purchased homeowner’s insurance from St. Johns to cover their property located at 2632 Ellen Avenue, Kissimmee, Florida 34744, (hereinafter “property and/or Insured Property”). 6 The subject policy of insurance, which is believed to be policy number $J30140145015, was issued by St. Johns to Plaintiffs to provide property insurance coverage for the Insured Property. 7 Plaintiffs have paid the premiums for the Contract prior to April 11, 2021. 8 At all times material hereto, Plaintiffs and St. Johns had a policy of insurance believed to be, Policy No. $J30140145015, (hereinafter “Contract”). The subject contract and/or declaration pages of the subject contract are attached hereto as Exhibit “A”. 9 The Insured Property sustained direct physical damages as a result of windstorm on April 11, 2021. 10. St. Johns received timely notice of the loss. 11. St. Johns assigned the loss reported by Plaintiff and described in paragraph 10 above a claim number believed to be Claim No. CSTH2201351. 12. The Contract was in full force and effect as of April 11, 2021. 13. The damage caused was covered under the Contract issued by St. Johns to Insured and as defined by Fla. Stat. 631.54(4) (2020). 14. Plaintiffs’ claim is a “covered claim” as defined by Florida Stat. § 631.54(3). 15. The obligations imposed on Defendant under Fla. Stat. § 631.57(1)(b) “must be construed liberally to effect the purposes of the FIGA Act[.]” Jones v. Florida Ins. Guar. Ass ‘n, Inc., 908 So. 2d 435, 454 (Fla. 2005). Page 2 of 6 16. Pursuant to Fla. Stat. §631.57(1)(a)1, Defendant is “obligated to the extent of the covered claims existing: a. Prior to adjudication of insolvency[.]” Accordingly, FIGA is deemed the “insurer to the extent of its obligation on the covered claims, and, to such extent, shall have all rights, duties, defenses, and obligations of the insolvent insurer as if the insurer had not become insolvent.” Fla. Stat. §631.57(1)(b). 17. The obligations imposed on Defendant under Fla. Stat. §631.57(1)(b) “must be construed liberally to effect the purposes of the FIGA Act[.]” Jones v. Florida Ins. Guar. Ass’n, Inc., 908 So. 2d 435, 454 (Fla. 2005). 18. The Florida Insurance Guaranty Act’s purpose is to “[p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer.” Fla. Stat. § 631.51(1). Moreover, “[t]he Act is designed to protect Florida citizens, not the insurance industry.” Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d at 442. 19. Pursuant to the Florida Insurance Guaranty Act, Defendant was obligated to act in the capacity of the insurer as to the Plaintiffs’ claim for damages at the Insured Property. 20. Defendant’s responsibilities and liability are directly linked to the insolvent insurer's contractual obligations. Jones v. Florida Ins. Guar. Ass'n, 908 So.2d at 444. 21. Upon information and belief, a claim number was opened by Defendant as Claim No. CSTH2201351. 22. Defendant and its agents requested and were given access and the opportunity to inspect the Insured Property and the reported damage arising from the loss described in paragraph 8 above. Page 3 of 6 23. Prior to this action, the Defendant denied coverage and/or failed to issue full payment for the loss described in paragraph 10 above pursuant to the terms and coverages available under the Contract. 24. This is an action relating to Defendant’s breach of Contract for its failure to provide the appropriate amount of coverage and properly pay the full amount of insurance proceeds owed to Plaintiffs. 25. Jurisdiction and venue of this matter are proper in the Circuit Court for Osceola County, Florida. COUNT I- BREACH OF CONTRACT 26. Plaintiffs reallege and reincorporate paragraphs 1-25 as if fully stated herein, and further allege as follows: 27. During the above Contract period the Insured Property sustained direct physical damages to the property, including but not limited to the interior, exterior, and roofs. 28. Plaintiffs provided timely notice of the loss, described in paragraph 10, above to the Defendant. 29. Prior to the initiation of this lawsuit, Defendant has denied coverage under the Contract for the damages referenced herein and/or has refused or otherwise failed to issue full payment to Plaintiff for the physical damages to the Insured Property sustained during the Contract period. 30. The Defendant has wrongfully determined the damages to the Insured Property are excluded under the Contract and/or represented that the damages are less than the damages actually sustained as a result of the loss. Page 4 of 6 31. Defendant has failed to provide complete coverage and/or issue full payment for the physical damages that occurred as a result of the loss during the Contract period. 32. This failure is contrary to the terms of the Contract and constitutes a breach of the Contract. 33. The Plaintiffs have provided notice, complied with all obligations, and conditions precedent to this lawsuit, and as required by Florida Statute(s) which would entitle Plaintiff to recover under the Contract or such conditions/obligations have been waived. 34. The Plaintiffs have complied with all policy obligations and conditions precedent to this lawsuit which would entitle the Plaintiffs to recover benefits under the Contract, or such conditions/obligations have been waived. 35. Plaintiffs and St. Johns are parties to a valid and binding contract under which Defendant is required, pursuant to the Florida Insurance Guaranty Act, to provide insurance benefits to Plaintiffs in the event of a covered loss to Plaintiffs’ Property. 36. The Plaintiffs have been damaged by this breach by St. Johns refusing to pay the full amount owed under the Contract. 37. As a direct and proximate result of St. Johns’ breach of contract, the Plaintiffs have been required to retain the services of the undersigned attorneys to represent and protect the interests of the Plaintiffs, and the Plaintiffs have become obligated to pay its counsel a reasonable fee for their services in bringing this action, along with necessary costs incurred. 38. The Plaintiffs have been damaged by this breach in the form of unpaid insurance proceeds needed to restore the Insured Property to its pre-loss condition as a result of Defendant refusing to provide complete coverage and pay the full amount owed under the Contract. Page 5 of 6 39. In the event that Plaintiffs prevail in this action, Plaintiffs are entitled to an award of attorneys’ fees and costs pursuant to section §627.428, §626.9373, §627.70152 and §57.041, of Florida Statutes and/or any other Florida Law. WHEREFORE, Plaintiffs demand judgment against Defendant for damages, including but not limited to damages owed under the Contract, statutory interest, and attorneys’ fees and costs. DEMAND FOR JURY TRIAL Plaintiff further demands a trial by jury of all issues so triable as a matter of right. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant. /s/Anthony Dennis, Esq. ANTHONY M. DENNIS, ESQ. Florida Bar No.: 123526 JOSEPH R. KESSLER, ESQ. Florida Bar No.: 119232 DENNIS KESSLER, PLLC Attorneys for Plaintiff 333 SE 2nd Avenue, Suite 2000, Miami, FL 33131 Phone: (813) 607-5111 Fax: (813) 522-6157 Primary: adennis@dklawfl.com Secondary: jherrera@dklawfl.com e-service email address: eservice@dklawfl.com Page 6 of 6 CPi Homeowners Policy Declaration Policy Generation 6675 Westwood Blvd., Suite 360 Customer Service: 1-800-748-2030 Orlando, FL 32821 Claim Reporting: 1-877-748-2059 Policy Number: SJ30140145 Policy Effective Date: 01/31/2021 Process Date: 02/11/2022 12:01 PM__ Policy Expiration Date: 01/31/2022 12:01 AM at property address N jamed Insured and Mailing Address: Agency: 9966574 Johannes Blumrich FLORIDA INS SPECIALISTS Eileen A Fuchs Address: 2632 ELLEN AVE 1025 GREENWOOD BLVD STE 295 KISSIMMEE, FL 34744-6214 LAKE MARY, FL 32746 ae Phone Number: (407)805-0200 Email Address: Customer.Service@thefis.com Change Reason(s): Policy Copy - CSTH-22-01351 Effective Date: 4/11/2021 In return for the payment of premium, coverage is provided where premium and limit of liability are shown. Flood coverage is not provided by this policy. Location(s) of Property Insured: 2632 ELLEN AVE KISSIMMEE, FL 34744-6214 Property Characteristics: Form: HO-3 Protection Class: 04 BCEG: 99 Rating Tier: Preferred Construction Type: Masonry Occupancy: Owner Territory: 511 - Osceola Month/Year Bui 01/1986 Usage: Primary County: 0097-Osceola Structure Type: Dwelling Number of Families: 1 Family County Burglar Alarm: Fire Alarm: Automatic Sprinklers: Roof Year: 2004 Mitigation Characteristics: Building Code Indicator: Built prior to FBC Opening Protection: None Roof Cover and Attachment: Unknown or Non- Secondary Water Resistance: No Equivalent Roof Deck Attachment: 6d @ 6/12" Roof Geometry: Hip Roof Roof Wall Connection: Unknown Gable End Bracing; Not applicable, unknown or unidentifed Hurricane Deductible: 2% = $ 7,731 All Other Peril Deductible: $1,000 Ku AUTHORIZED COUNTERSIGNATURE 02/11/2022 Company Copy SJDEC 05 11 Page 1 of 4 Homeowners Policy Declaration ©) T. JOHNS Policy Generation 6675 Westwood Blvd., Suite 360 Customer Service: 1-800-748-2030 Orlando, FL 3 Claim Reporting: 1 159 Policy Numbe $J30140145 y Effective Date: 01/31/2021 Process Dat 2/11/2022 1PM _ P. y Expiration Dat 01/31/2022 1 01 AM at property address Policy Premiu $5,763.00 Fees/Assessment: 27.00 Total Annual Premium: $5,790.00 Homeowners Policy Declaration (7) ST. JOHNs Policy Generation J 6675 Westwood Bivd., Suite 360 Customer Secvice: 000.145.2000 OTHER INTEREST(S): None NOTICES THIS REPLACES ALL PREVIOUSLY ISSUED POLICY DECLARATIONS, IF ANY. THIS POLICY APPLIES ONLY TO ACCIDENTS, OCCURRENCES, OR LOSSES WHICH HAPPEN DURING THE POLICY PERIOD SHOWN ABOVE. A rate adjustment of 0.0% is included to reflect building code grade in your area. Adjustments range from 2% surcharge to 14% credit. A rate adjustment of 43% 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% credit. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. Company Copy SJDEC 05 11 Page 3 of 4 roe Homeowners Policy Declaration Policy Generation 6675 Westwood Blvd., Suite 360 Customer Servi 1-800-748-2030 Orlando, FL 32821 Claim Reporting: 1-877-748-2059 Policy Number: SJ30140145 Policy Effective Date: 01/31/2021 Process Date: 02/11/2022 12:01PM __ Policy Expiration Date: 01/31/2022 12:01 AM at property address FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNERS 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. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. Company Copy SJDEC 05 11 Page 4 of 4 ST. JOHNS I NSURANCE This Policy Jacket with the Policy Form Declarations Page and Endorsements, if any, issued to form a part thereof, completes the policy as numbered on the Declarations Page. YOUR HOMEOWNERS POLICY DOES NOT PROVIDE COVERAGE FOR DAMAGE TO YOUR PROPERTY CAUSED BY FLOOD. YOUR AGENT CAN HELP YOU PROCURE A SEPARATE FLOOD POLICY THROUGH THE NATIONAL FLOOD INSURANCE PROGRAM. SJ J1 08 09 To Report a Claim: 877-748-2059 POLICY PROVISION: All premiums for this insurance shall be computed in accordance with St. Johns Insurance Company's rules, forms, rating plans, premiums and minimum premiums applicable to the insurance afforded herein which are in effect at the inception of the insurance and, each anniversary thereof, including the date of interim changes. IN WITNESS WHEREOF, the insured identified on the reverse hereof has cuased this instrument to be signed by its President. Reese |. Bowen President St. Johns Insurance Company SJ J1 08 09 St. Johns Insurance Company, Inc. Privacy Policy Notice (as of 08/13/09) This Privacy Policy identifies the personal information we collect and hold. It describes how we use, share and protect it. It also explains how to contact us if you have any questions regarding this Privacy Policy or the personal information collected about you. The Privacy Policy applies to personal information collected from or about former customers and current customers. 1. Information we collect Based on our relationship with you, we collect certain personal information from and about you The information collected is adequate, relevant and appropriate for the particular insurance product or services for which you have applied or obtained from us. For example, we may collect or verify personal information from or about you from the sources and of the type indicated below. . From applications, forms, your communications (including electronic communications) and other interactions - information including, without limitation, your name, address, email address, telephone number, Social Security or other identification number, and property to be insured. From your transactions with us or others, as permitted by law -information including, without limitation, payment history, past premiums, claims history, credit history where relevant, and loss information reports. How we use your information We use personal information to provide, maintain, service and process the products and services we provide to you or which you request from us. This may include, but are not limited to, using it to (a) evaluate your insurance requests; (b) process, service and maintain policies and transactions; (c) administer and investigate claims; (d) resolve disputes; (e) prevent fraud; (f) monitor and archive communications; or (g) perform risk control, including obtaining reinsurance. Additionally, we may use your personal information (a) in accordance with applicable law; (b) to verify your identity when you inquire regarding a product furnished by us to you; or (c) to comply with legal and regulatory requirements. 3. Information we may share with or disclose to affiliated and nonaffiliated third parties We do not rent or sell personal information. We share or disclose personal information to affiliates and nonaffiliates to effect, administer or enforce a transaction that you requested or authorized. We also share or disclose information to affiliated and nonaffiliated third parties (a) in connection with servicing or processing an insurance product or service that you requested or authorized or maintaining or servicing your account or (b) to comply with our obligations or assert our rights as an insurer. For example, we may share or disclose personal information to these affiliated or nonaffiliated third parties to assist us in the following: Processing, billing or collecting premiums or amounts due to us Underwriting coverage Determining benefits Administering, processing, investigating or servicing claims Determining the coverage risk ‘SJ PRV 08/09 Page 1 of 2 . Investigating and preventing fraud or material misrepresentation . Providing services required of an insurer. In addition, these affiliated and nonaffiliated third parties help us by (a) mailing policy statements and other information for us; (b) verifying information or coverage, including identity; (c) developing, operating and maintaining our services and systems; and (d) assessing risk. These affiliated and nonaffiliated third parties are required to (a) protect the confidentiality and security of personal information and (b) use the personal information only for the purposes for which we retain them and in accordance with this Privacy Policy. 4. Information we may share or disclose as required by law We may also share or disclose personal information to (a) government agencies and regulatory and law enforcement authorities in accordance with federal, state and local law or (b) as otherwise required by law. 5. How we protect the confidentiality and security of personal information We have implemented a program which includes administrative, technological and physical procedures to protect personal information. We utilize, in addition to other measures, the following: People. We educate our employees to treat personal information with care. We work to limit its access to those who need it for the purposes stated in this Privacy Notice. Policies and Procedures. We maintain, monitor, and update our physical, electronic and procedural safeguards. We comply with applicable regulations to protect personal information. eSecurity. We take reasonable technical and organizational security measure, under the circumstances, to keep personal information confidential. We secure personal information against unauthorized or unlawful access, and to prevent loss, destruction, or damage. #Commitment. We require any person or organization providing products or services on our behalf to protect personal information that is provided to them or to which they have access from or through us. 6. Changes to Privacy Policy We reserve the right to change this Privacy Policy, at any time. We will send you a revised Privacy Policy if we materially change it. For example, should we intend to (a) provide personal information, for a purpose or use not referenced in this Privacy Policy or (b) disclose or share personal information to others for a purpose or use not referenced in this Privacy Policy, we will notify you of the change. 7. Your rights You have the right to obtain from us the personal information we have collected regarding you and to correct such information. 8. Contact Us If you have any questions regarding this Privacy Policy Notice, you may contact us via e-mail at info@stjohnsinsurance.com or by telephone at 866.304.7779. ‘SJ PRV 08/09 Page 2 of 2 St. Johns Insurance Company OUTLINE OF COVERAGE — HOMEOWNERS POLICY This outline is provided to help you more easily ADDITIONAL COVERAGE understand your St. Johns Insurance Company The following additional coverages are extended Homeowners Policy. It highlights the major coverages, through the Homeowners Insurance Policy. Referto exclusions, limitations and deductibles of your policy your policy to determine specific limits or limitations: and provides information on discounts, surcharges, Debris Removal cancellation and nonrenewal. However this is just a Reasonable Repairs guide and nota legal contract. Please read your Trees, Shrubs and Other Plants Homeowners policy carefully for complete Fire Department Service Charge descriptions and details. Property Removed The following Outline is for informational purposes only. Credit Card, Fund Transfer Card, Forgery Florida law prohibits the Outline form changing any of Counterfeit Money the provisions of the insurance contract, which is the Loss Assessment subject of this Outline. Any endorsement including Collapse changes in types of coverage, coverage limits, Glass or Safety Glazing Material exclusions, deductibles, renewal or cancellation Landlords Furnishings provisions, surcharges, credits, or any other changes Fungi, Wet or Dry Rot, or Bacteria will be sent separately. PERILS INSURED AGAINST SECTION I - PROPERTY COVERAGE This policy insures to the limits of Coverages “A”, “B” Coverage A — Dwelling and “C”, against sudden and accidental direct physical Applies to your residence premises, protects your losses except as limited or excluded by your policy, dwelling and structures attached to your dwelling. caused by: It also protects against covered loss to building Fire or lightening materials located on your residence premises, which Windstorm or hail are being used in connection with your residence Explosion premises. The Coverage A amount shown on your Riot or civil commotion policy declarations should reflect the cost replacing Aircraft your home at current construction costs. Vehicles Coverage B — Other Structures Smoke Protects against covered loss to structures on your Vandalism or malicious mischief residence premises other than the primary dwelling. Theft (on premises only) Unattached garages, storage buildings are collectively Falling objects covered up to the Coverage B limit shown on the policy Accidental discharge or overflow of water declarations. Freezing of plumbing or household appliances Coverage C — Personal Property Catastrophic Ground Cover Collapse Protects against covered loss to your personal property Note: (1) If your property is located in an area such as clothing and furniture. Special limits apply to elig le for a Wind Coverage Policy from the some types of personal property including but not Citizens Property Insurance Corporation, limited to: money, securities, watercraft, firearms, “Windstorm or Hail” coverage must be excluded silverware electronic devices business property and from your policy. Be sure to obtain this important theft of jewelry. Under certain circumstances, the coverage if it has been excluded from your policy. property of others may be covered. Note: (2) Flood Coverage is not provided by your There are also some items not covered under Homeowners Policy. Flood Coverage is available Coverage “C”. Examples include animals, motorized thru the National Flood Insurance Program. Your vehicles, property in a rental unit and property of Insurance Agent can assist you in obtaining this roomers, boarders, or other tenants. valuable protection. Coverage D — Additional Living Expense Protects against loss resulting from any additional living PROPERTY EXCLUSIONS expenses you incur while you are temporarily unable to This policy does not provide protection under live at your home because of a covered loss. Payment Coverages “A”, “B” and “C’, if applicable to your policy would include such items as temporary lodging and for losses resulting in any manner from: increased costs for food. However, coverage is limited Ordinance or Law (in excess of 25% of Coverage “A”) to 12 consecutive months from the date of loss and Earth Movement, other than a covered sinkhole other specified limitations. collapse Flood, or surface water Water below ground surface SJOC 12 11 Page 1 of 3 St. Johns Insurance Company OUTLINE OF COVERAGE — HOMEOWNERS POLICY Water which backs up through sewers, drains or For any cancellation that would be effective between Overflows from sump pumps June 1 and November 30, we will mail written notice at Off Premises Power Failure least 100 days or by June 1, which ever is earlier, Neglect before the cancellation becomes effective. War or Nuclear Hazard lf the cancellation is due to nonpayment of premium, Intentional or Criminal Acts we will give you at least 10 days advance written SECTION II - LIABILITY COVERAGE notice. Coverage E — Personal Liability Unless the cancellation is due to nonpayment of Generally provides coverage for bodily injury or premium, we will provide you with at least one hundred property damage you or a person insured under your twenty (120) days written notice prior to the effective policy are legally obligated to pay. The bodily injury or date of cancellation in the event you have been insured property damage must arise from an occurrence by us or an affiliate for a period of at least five (5) covered under Section II of your policy. Coverage is consecutive years immediately prior to the issuance of excluded for intentional acts, business activities, the notice. professional services, abuse and acts arising from use Nonrenewal of a controlled substance and specific coverage sub If we do not intend to renew your policy we will mail limits may be applied in specific circumstances. notice to you at least 100 days before the expiration Coverage for Animal Liability and Home Day Care date of the policy. Operations are excluded from coverage by specific For any nonrenewal that would be effective between endorsement. June 1 and November 30, we will mail the notice by at Coverage F — Medical Payments To Others least 100 days or by June 1, whichever is earlier, Provides coverage for reasonable and necessary before the expiration date of the policy. medical expenses if a guest is injured on your premises We will provide you with at least one hundred twenty or off the insured premises under certain (120) days written notice prior to the effective date of circumstances. The bodily injury must arise from an nonrenewal in the event you have been insured by us occurrence covered under Section II of your policy with or an affiliate for a period of at least five (5) consecutive limited exceptions. years immediately prior to the issuance of the notice. Note: Coverage “E” Personal Liability and Coverage PREMIUM CREDITS “F” Medical Payments To Others do not apply to The following are premium credits available on your “Bodily Injury” or “Property Damage’ arising out of the Homeowners Policy. Your policy Declarations page will ingestion or inhalation or lead on any form of show which or these credits, if any apply to your policy. substance. Injury resulting from exposure to radon and Protective Devices pollutants are also excluded. If your home has a qualified central station burglar NONRENEWAL AND CANCELLATION PROVISIONS alarm, central station fire alarm or automatic fire All cancellations are granted a pro-rata return of sprinkler system, you are eligible for a premium credit. premium. Pro-rata means no penalty for early Deductible Credits cancellation. A hurricane deductible of 2% and an All Other Perils of Your Right To Cancel $1,000 are standard. The deductible is the value of the You may cancel the policy at any time, for any reason, loss you must incur before this policy pays. Deductible by giving advance written notice of the future options greater than the standard deductibles may be cancellation effective date. available at a premium credit. Deductibles less than Our Right To Cancel the standard deductibles may be available which will If your policy has been in effect for 90 days or less and result in premium increases. Contact your Agent to the insurance is cancelled for other than nonpayment explore your deductible options. of premium, we may cancel for any valid reason by Building Code Compliance and Wind Mitigation giving you at least 20 days notice before the This credit is available on homes built in compliance cancellation effective date. Except where there has with the 2001 Florida Building Code designed to lessen been a material misstatement, misrepresentation, or the effect of losses resulting from windstorms and failure to comply with underwriting requirements hurricanes. established in the first 90 days, then we may cancel Superior Construction immediately. Certain homes of fire resistive and wind resistive If your policy has been in effect over 90 days, or if your construction are eligible for a premium credit. policy is a renewal with us, we may cancel your policy AVAILABLE POLICY OPTIONS for only a limited number of reasons by giving you at Personal Property Replacement Cost least 100 days advance written notice before the Scheduled Personal Property cancellation becomes effective. Deductible Options (see above) Increased Liability and Medical Payments Limits SJ OC 12 11 Page 2 of 3 St. Johns Insurance Company OUTLINE OF COVERAGE — HOMEOWNERS POLICY Increased Limits and Special Coverage Condominiums Increased Limits Personal Property Increased Law and Ordinance Increased Special sub limits for Fungi Identity Theft Wet or Dry Rot, or Bacteria - Increased Limits Permitted Incidental Occupancies Loss Assessment Coverage - Increased Limits Other Structures — Increased Limits Golf Cart Liability and Physical Damage Personal Injury Liability Water Back Up and Sump Discharge or Overflow Sinkhole Loss Coverage Animal Liability Equipment Breakdown SJ OC 12 11 Page 3 of 3 St. Johns Insurance Company Homeowners SJ HO 100 01 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL PROVISIONS — FLORIDA DEFINITIONS SECTION I - PROPERTY COVERAGES In paragraph B.8. of forms HO 00 03, HO 00 04 and COVERAGE A — DWELLING AND COVERAGE B HO 00 06, is replaced by the following: OTHER STRUCTURES 8. “Occurrence” means an accident, including In form HO 00 03, the following is added: continuous or repeated exposure to substantially This coverage does not apply to damage to aluminum the same general harmful conditions, which framed screened enclosures due to hurricane. results, during the policy period, in: The following is added to Forms HO 00 03 and HO 00 a “Bodily injury,” or 06. b “Property damage.” Special Limits of Liability All “bodily injury” or “property damage” that is Cosmetic and Aesthetic Damage to Floors attributable directly or indirectly to one cause or to The total limit of liability for Coverages A and B one series of similar causes will be added (Coverage A in form HO 00 06) combined is $10,000 together and the total amount of such losses will per policy period for cosmetic and aesthetic damages be treated as one occurrence irrespective of the to floors. period of time or area over which such losses occur. a Cosmetic or aesthetic damage includes but is not limited to: In paragraph B.3. of forms HO 00 03, HO 00 04 and 4 HO 00 06, the entire definition of “Business” is Chips; replaced by the following: 2. Scratches; 3. “Business” includes trade, profession or 3. Dents; or occupation. 4. Any other damage; In paragraph B.6. “Insured Location” of forms HO to less than 5% of the total floor surface area and 00 03, HO 00 04 and HO 00 06, B.6.f. is replaced by does not prevent typical use of the floor. the following: This limit includes the cost of tearing out and f. Land owned by or rented to an “insured” on replacing any part of the building necessary to which a one or two family dwelling is being repair the damaged flooring. built as a residence for an “insured”; This limit does not increase the Coverage A or In paragraph B.11. “Residence Premises” of forms Coverage B limits of liability shown on the HO 00 03 and HO 00 04, B.11.c. is replaced by the declaration page. following: This limit does not apply to cosmetic or aesthetic c. That part of any other building; damage to floors caused by a Peril Insured Where you reside and which is shown as the Against as named and described for Coverage C “residence premises” in the Declarations. Personal Property. “Residence premises” also means a two B. Coverage B. — Other Structures. family dwelling where you reside in at least Paragraph B.3. in form HO 00 03 is replaced by: one of the family units and which is shown as 3. The limit of liability for this coverage will not be the “residence premises’ in the Declarations. more than 2% of the limit of liability that applies to “Residence premises” also includes other Coverage A. Use of this coverage does not structures and grounds at that location. reduce the Coverage A limit of liability. The following definition is added: Coverage C — Personal Property - In forms HO 00 “Fungi” 03, C.3. (HO 00 04 is A.3., HO 00 06 is B.3. and a “Fungi” means any type or form of fungus, Endorsement HO 17 51 is B.3.) is replaced by the including mold or mildew, and any following: mycotoxins, spores, scents or by-products 3. Special Limits Of Liability. produced or released by fungi. The special limit for each category shown below Under Section Il, this does not include any is the total limit for each loss for all property in fungi that are in, are on, or are contained in a that category. good or product intended for consumption. These special limits do not increase the Coverage C limit of liability. a $200 on: SJ HO 100 01 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 9 Copyright, © ISO Properties, Inc., and ISO Services Properties, Inc. 2003 St. Johns Insurance Company Homeowners SJ HO 100 01 20 (1) Money; (4) Trays; and (2) Bank notes; (5) Trophies: (3) Bullion; Made of or including silver, gold or pewter. (4) Gold other than goldware; $2,500 on property, on the “residence (5) Silver other than silverware; premises,” used primarily for “business” (6) Platinum other than platinumware; purposes. (7) Coins; $250 on property, away from the “residence (8) Medals; premises,” used primarily for “business” (9) Scrip; (10) Stored value cards; and purposes. (11) Smart cards. However, this limit does not apply to loss to electronic apparatus and other property $1,000 on: described in Categories j. and k. below. (1) Securities; $1,000 on electronic and apparatus (2) Accounts; accessories, while in or upon “motor a (3) Deeds; vehicle,” but only if the apparatus is equipped (4) Evidences of debt; to be operated by power from the “motor (5) Letters of credit; vehicle's” electrical system while still capable (6) Notes other than bank notes; of being operated by other power sources. (7) Manuscripts; (8) Personal records; Accessories include: (9) Passports; (1) Antennas; (10) Tickets; and (2) Tapes; (11) Stamps. (3) Wires; This dollar limit applies to these categories (4) Records; regardless of the medium (such as paper or (5) Discs; or computer software) on which the material exists. (6) Other media that can be used with any This limit includes the cost to research, replace or apparatus described in this Categoryj. restore the information from the lost or damaged