Legal Document: ANDUJAR, ORISCILLA vs. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY

On June 24, 2021 a was filed involving a dispute between Andujar, Oriscilla, and Avatar Property & Casualty Insurance Company, for CIRCUIT CIVIL in the District Court of Osceola County.

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Filing # 129446428 E-Filed 06/24/2021 02:49:08 PM

IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA

ORISCILLA ANDUJAR CIVIL DIVISION

Plaintiff,
CASE NO.:
vs.

AVATAR PROPERTY & CASUALTY
INSURANCE COMPANY,

Defendant.

COMPLAINT

COMES NOW, the Plaintiff, ORISCILLA ANDUJAR (“Plaintiff”), by and through

undersigned counsel and sues the Defendant, AVATAR PROPERTY & CASUALTY INSURANCE

COMPANY (“Defendant”), and alleges:

JURISDICTION AND VENUE

1 This is an action for damages that exceeds $30,000.00, exclusive of attorney’s fees,

costs, and interest.

2 Venue is proper in this Court pursuant to section 47.011 of the Florida Statutes

because the events resulting in this action accrued in O9CEOLA COUNTY.

3 All conditions precedent to bring this action have been performed, waived, or

otherwise satisfied.

THE PARTIES

4 At all times material hereto, Plaintiff was and still is a resident of OSCEOLA

COUNTY, Florida.
5 At all times material hereto, Defendant was and is a corporation duly licensed to

transact insurance business in the State of Florida, and maintained agents for the transaction of its

customary business in OSCEOLA COUNTY, Florida.

FACTUAL ALLEGATIONS

6. Defendant issued to Plaintiff a homeowners policy of insurance, No.: VH30023639

(the “Policy”), and said Policy was in full force and effect at all times material hereto. See Exhibit

A
7
Included among the Policy’s coverage benefits were dwelling, other structures,

personal property, and loss of use.

8 On or about May 16, 2020, Plaintiffs suffered a loss to the property listed on the

declarations of coverages page caused by a Windstorm (the “Covered Loss”). This event caused

substantial damage to the Roof, Entry, Living Room, Kitchen, Laundry Room, Garage and

surrounding areas.

9. Defendant assigned claim number 20201744 to the sudden and unexpected May

16, 2020, loss.

10. As a direct and proximate result of the Covered Loss, Plaintiff's home was

damaged.

11. The damage to Plaintiff's home, and any and all claims and losses of Plaintiff

resulting from the Covered Loss, fall within the coverage afforded under the Policy.

12. Plaintiff was not paid by Defendant for the damages that directly and proximately

resulted from the Covered Loss.

13. Plaintiff has been required to retain undersigned counsel for representation in this

lawsuit and is obligated to pay said counsel.
14. Plaintiff has agreed to pay, and undersigned counsel has agreed to accept, any Court

awarded fee pursuant to section 627.428 of the Florida Statutes.

15. As a result of Defendant’s breach in failing to pay Plaintiff's claim, Plaintiff has

been damaged as specifically set forth hereinabove, and continue to suffer such damages.

WHEREFORE, Plaintiff demands judgment against Defendant for compensatory

damages, which include consequential damages, costs, prejudgment interest, attorney’s fees

pursuant to section 627.428 of the Florida Statutes, and other relief deemed just and proper by this

Honorable Court.

DEMAND FOR JURY TRIAL

Plaintiff, demands trial by jury as a matter of right on all counts and issues triable by jury

as a matter of right.

DATED this 24" day of June, 2021.

Respectfully submitted,

GIMENEZ & CARRILLO, LLC
5775 Blue Lagoon Drive, Suite 300
Miami, Florida 33126
Telephone (305) 444-3000

By: 4s/ Jose I. Carrillo
Jose Carrillo, Esq.
Florida Bar No.:
Adry Polo, Esq.
Florida Bar No.:
Primary Service Email:
service(@gimenezandearrillo.com
Secondary Service Email:
fguesada@gimenezandcarrillo.com
EXHIBIT A
Mail to:

AVATAR PROPERTY & CASUALTY INSURANCE COMPANY
1101 E CUMBERLAND AVE SUITE A
TAMPA FL 33602

Mail to:

AVATAR PROPERTY & CASUALTY INSURANCE COMPANY
1101 E CUMBERLAND AVE SUITE A
TAMPA FL 33602

File Copy
AVATAR
PROTECTOR iF

Greetings from Avatar Property & Casualty Insurance Company

ANNUAL RENEWAL
**IMPORTANT CHANGES PLEASE READ**

Notice of Change in Policy Terms

Effective with your policy renewal Avatar has made changes to your policy. Please see the enclosed
forms for complete information. The following is a brief recap of the changes.

Policy form APC HO3 01 19 replaces the prior policy. The following important changes were made

1) Definitions, "Reasonable Emergency Measures" and associated references in the policy
have been replaced by "Emergency Mitigation Services", Item 4.
2) Definitions, Item 9 "Occurrence" has been updated.
3) Section | Additional Coverages, Item 13 "Temperature Change"; Item 14 "Power
Interruption"; and Item 15 "Arson Reward" have been added
4) Section |, Conditions Item 20 "Assignment of Benefits" has been added.
5) Section I , Exclusions Item 1.m. "Assault or Battery"; Item 1.n."Criminal Acts"; and 1.0.
"Trampolines" have been added
6) Section | and I , Conditions Item 7 "Assignment" has been added.
7) Coverage C, Special Limits wording and limits have changed. In particular see Item 15.
Sporting Goods including bicycles; Item 19. Memorabilia; Item 20. Rugs and carpets

Your policy renewal begins at 12:01 a.m. on the date indicated on the enclosed Declaration Page. Please
review the enclosed Declaration Page, endorsements and policy for accuracy and contact your agent
with any questions about policy limits or coverage.

If your insurance premium is paid from an escrow account, we will bill your mortgage company. Please
verify that the correct mortgagee is listed on your declaration page. This will ensure timely payment
and continuation of your policy.

Thank you for choosing Avatar Property & Casualty Insurance Company to protect your home and
family.

Sincerely,

Dane, Veale
Diane Viale
Director of Underwriting
AVATAR PROPERTY & CASUALTY INSURANCE COMPANY

Renewal cover Diamond HO3 ed. 042019
AVATA
Property & Casualty Insurance Company
COMPANY NAME AND LOGO CHANGE ENDORSEMENT

The following changes your policy. Please review it carefully and keep it with your policy.

On May 15, 2017, ELEMENTS PROPERTY INSURANCE COMPANY (the “Company”), merged into and with
AVATAR PROPERTY & CASUALTY INSURANCE COMPANY. As a result of this merger, AVATAR PROPERTY
& CASUALTY INSURANCE COMPANY became responsible for the Company’s obligations under your
policy as of May 15, 2017.

Accordingly, effective May 15, 2017, all references in your policy to “ELEMENTS PROPERTY INSURANCE
COMPANY,” except the references in this Endorsement, are changed to “AVATAR PROPERTY &
CASUALTY INSURANCE COMPANY.” In addition, every reference in the policy to the Company’s logo is
changed to the logo above.

All other policy terms and conditions apply.

All claims should be reported via our toll free number: 877-233-3237.

All premium payments should be directed to: Avatar Property & Casualty Insurance Company
P.O. Box 281216
Atlanta, GA 30384-1216

If you have any questions, you may call or write AVATAR PROPERTY & CASUALTY INSURANCE COMPANY
at our home office shown below:
Avatar Property & Casualty Insurance Company
1101 E. Cumberland Avenue
Tampa, FL 33602
(813) 514-0333
nfo@avatarins.com

Signed by the Company at its office in Tampa, Florida.

Dare Vike
Diane Viale
Underwriting Manager
AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY
1101 E CUMBERLAND AVE, TAMPA, FL 33602
Policy Number Policy Period
FROM 12:01 AM TO12:01 AM
VH30023639 HOMEOWNER DECLARATIONS 07/19/2019 07/19/2020
NAMED INSURED: ORISCILLA ANDUJAR
MAILED TO: PRODUCER:
ORISCILLA ANDUJAR EDISON INSURANCE SERVICES, INC.
2110 BUNKER VIEW CT 6325 PRESIDENTIAL CT STE 1A
KISSIMMEE FL 34746 FORT MYERS FL 33919

TELEPHONE: (239) 267-4042
DATE MAILED: 05/20/2019 Page 1 of 4

FIRST MORTGAGEE: SECOND MORTGAGEE: THIRD MORTGAGEE:
BROKER SOLUTIONS INC DBA NEW
[AMERICAN FUNDING ISAOA
PO BOX 3080
EVERETT WASHINGTON 98213
Loan No. : 3000135061

LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT
YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER
THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD
INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITH
YOUR INSURANCE AGENT.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE
LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO
YOU.
Your Calendar Year Hurricane Deductible Dollar Amount Is: $4,500

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

Al02200707
AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY
1101 E CUMBERLAND AVE, Tampa, FL 33602
Policy Number Policy Period
FROM 12:01 AM TO12:01 AM
VH30023639 HOMEOWNER DECLARATIONS 07/19/2019 07/19/2020
NAMED INSURED:ORISCILLA ANDUJAR

FECTION | HURRICANE DEDUCTIBLE 2% $4500
IDEDUCTIBLES
NON HURRICANE DEDUCTIBLE $1000

LIMIT OF LIABILITY ISECTION Il COVERAGES LIMIT OF LIABILITY

SECTION | COVERAGE:
A: DWELLING $225,000 E. COMP. PERSONAL LIABILITY

B: OTHER STRUCTURES $0 EACH OCCURRENCE $300,000
C: UNSCHEDULED PERSONAL PROPERTY $54,500 IF: MED PAY $3,000
D: LOSS OF USE $22,500
IF MORE THAN ONE PROPERTY IS INSURED UNDER THIS POLICY, SECTION | AND SECTION II
COVERAGES OF EACH LOCATION MAY NOT BE ADDED TOGETHER IN THE EVENT OF LOSS.
SCHEDULED PERSONAL LIMIT PER |AGGREGATE| PREMIUM PROPERTY PREMIUMS
PROPERTY ARTICLE PER LOSS
Non Hurricane $386
E-Personal Liability Included
F-Medical Payments Included
Ordinance or Law $56,250 Included
Personal Property Replacement Cost Included
‘Sink Hole Exclusion Included
Water Back up $5,000} $25
Wind and Hail Included
Hurricane $369

SUBTOTAL $780
ADDITIONAL CREDITS / Emergency Management Preparedness & Assistance $2
SURCHARGES: Trust Fund Fee.
New Home Discount -1 0%] Managing General Agency Fee $25
Claims Free Credit / Surcharge
-1.0% ToTAL PREMIUM $807
Renewal Discount -1.0%
Wind Mitigation Credit -78.0%
BCEG Credit -1.0%|}
ENDORSEMENTS ELE 4901213 ELED_04950317
ENCLOSED WITH THIS
DECLARATIONS PAGI

IMPORTANT INFORMATION
This policy declarations replaces all declarations with the same or prior effective date. Your homeowner insurance expires and coverage
lceases at 12:01 AM on 07/19/2020. Coverage under this policy will become effective provided premium is paid as indicated on the Notice of
Premium Due mailed under separate cover.
RENEW EFFECTIVE 07/19/2019 12:01 AM ANN. RENEWAL
CHANGE IN PREMIUM
Premium due to Rate change: $82.00 Premium due to Coverage change: $0.00

LIST ALL DISCOUNTS.

New Home Discount, Claims Free Credit / Surcharge, Renewal Discount, Wind Mitigation Credit, BCEG Credit
ZONE AGE BCEG PAY MULTI STORM WIND. PROT GATED NEW 55 and IPERS PROP] SINKHOLE
PLAN POLICY | SHUTTER MIT CLASS COMM HOME RET EXCL EXCL

0 2004 5 FULLPAY N N Y 1 NO Y N N Y
Total Premium for the Policy Period. (Your bill will be mailed separately).
Total Premium for Property Insured: 8

Your Policy includes 25 % of Coverage A for Law and Ordinance Coverage.

Your Policy Documents.

Your homeowners policy consists of this Policy Declarations and the documents listed below. Please keep these together:

MAILTOCVRPG Mail Cover Page
EPICRENEWCVLTRHO3 04 2019 Renewal Cover Letter
NAMECHANGEENDORSEMENT Name Change Endorsement
Al02200707_VS2 Declarations Page
ELEHOJ_1013 10 13 - Homeowners Policy Jacket
APC_HO30119 APC HO3 01 19 - Homeowners 3 Special Form
ELEGLB_0114 01 14 - Privacy Notice
APC_HD0119 APC HD 01 19 Calendar Year Hurricane Deductible - Florida
ELECGCC_1013 10 13 - Catastrophic Ground Cover Collapse Notice
ELED_1071213 12 13 - Home Day Care Exclusion Endorsement
ELED_1081213 12 13 - Trampoline Liability Exclusion
ELEDO_1013 10 13 - Deductible Options Notice
ELEDH03_1213 12 13 Outline Of Coverage
ELEOLN_1013 10 13 - Ordinance Or Law Coverage Notification Form
ELED_04901213 12 13 - Personal Property Replacement Cost
ELE_NCPT Notice Of Change In Policy Terms
ELED_04950317 03 17 - Water Back Up And Sump Coverage
OIR-B1-1655 Notice Of Premium Discounts for Hurricane Loss Mitigation
OIR-B1-1670 Checklist of Coverage
POLINVOICE Invoice Billing Statement

If You Have a Question About Your Insurance.

If you wish to present an inquiry or obtain information about your coverage, of if you need assistance in resolving a complaint,
please call:

Your agent at: (239) 267-4042
or,

Avatar Property And Casualty Insurance Company at: (877) 233-3237.
Pihlto—
Hd f >woete
v

Hitesh (John) P. Adhia Pamir Patel

Al02200707
AVATAR
Property & Casualty Insurance Company
Protector OF Your Assets

HOMEOWNERS
POLICY

Avatar Property & Casualty Insurance Company
N01 E Cumberland Ave,
Tampa, FL 33602
Customer Service: 877-233-3238

ELE HOJ 10 13
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.
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.

POLICY PROVISION: All premiums for this insurance shall be computed in accordance with Avatar
Property & Casualty 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, Avatar Property & Casualty Insurance Company has caused this instrument
to be signed by its President.

Hl (pen
President
Avatar Property & Casualty Insurance Company

ELE HOJ 10 13
i |

AVATA
Property & Casualty Insurance Company

Homeowners 3 — Special Form
Avatar Property & Casualty Insurance Company

AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY
HOMEOWNERS 3 - SPECIAL FORM

ll Abandonment of Property. 21
Table of Contents 12 Mortgage Clause. 21
AVATAR PROPERTY AND CASUALTY 13. No Benefit to Bailee. 22
INSURANCE COMPANY 14. Nuclear Hazard Clause. 22
HOMEOWNERS 3 - SPECIA 15. Recovered Property, 22
AGREEMENT 16 Volcanic Eruption Period. 22
DEFINITIONS 17 Adjustment to Property Coverage
Limits. 22
SECTION I - PR’ ‘OV! 18. Deductible. 22
COVERAGE A - Dwellin; 19 Loss Payable Clause 22
Property Not Covered. 20. Assignment of Benefits. 23
COVERAGE B - Other Structures. SECTION II - LIABILITY COVERAGE! 23
Property Not Covered. COVERAGE E - Personal Liability... 23
COVERAGE A — Dwelling and COVERAGE B — COVERAGE F - Medical Payments To Others.. 23
Other Structures SECTION II - EXCLUSIONS. . 23
Special Limit of Liability SECTION II - ADDITIONAL COVERAGES. 26
COVERAGE C ~ Personal Property SECTION II - CONDITIONS 27
Special Limits of Liability. Limit Of Liability. 27
Property Not Covered. Severability Of Insurance. 27
COVERAGE D — Loss of Use Duties After “Occurrence: 27
ADDITIONAL COVERAGES Duties of an Injured Person — Coverage F -
Debris Removal Medical Payments to Others. 28
“Emergency Mitigation Services. Payment
of Claim — Coverage F — Medical
Trees, Shrubs and Other Plants. Payments to Others. 28
Fire Department Service Charge. Suit Against Us... 28
Property Removed. Bankruptcy of an Insured. .. 128
Credit Card, Fund Transfer Card, Forgery Other Insurance — Coverage E— Personal
and Counterfeit Mone: Liability... 28
Loss Assessment. 9. Joint Obli; gations. 28
Collapse. SECTION I and II — CONDITION 28
Glass or Safety Glazing Material. Policy Period. ..... 28
10. Landlord’s Furnishings. Concealment or Fraud. 28
ll “Fungi,” Wet Or Dry Rot, Yeast Or Liberalization Clause. 28
Bacteria. 10 Waiver or Change of Policy Provisions. 29
12. Ordinance or Law. ll Cancellation. 29
13. Temperature Change ll Non-renewal. 30
14. Power Interruption. ll Assignment 30
15. Arson Reward. ll Subrogation. 30
SECTION I - PERILS INSURED AGAINST. ll Salvage 30
COVERAGE A — DWELLING and COVERAGE, 10. Inspections and Surveys 30
B-— OTHER STRUCTURES. 12 ll Meetings or Inspections. 30
COVERAGE C — PERSONAL PROPERTY 14 12 Death. 31
SECTION I - EXCLUSIONS 15 13. Renewal Notification. 31
SECTION I - CONDITIONS. 18
Insurable Interest and Limit of Liability. 18
Duties After Loss. 18
Loss Settlement. 19
Loss to a Pair or Set. 20
Glass Replacement 20
Mediation 20
Other Insurance And Service Agreement. 21
Suit Against Us. 21
Our Option.... 21
10. Loss Payment... 21
Avatar Property & Casualty Insurance Company

AGREEMENT
This policy is issued on behalf of Avatar Property 3. That this policy embodies all agreements
and Casualty Insurance Company and by acceptance existing between you and Avatar Property
of this policy you agree: and Casualty Insurance Company relating to
1, That the statements in the Application(s) are this policy.
your representations; We will provide the insurance described in this
2. That this policy is issued in reliance upon policy in return for the premium and compliance with
the truth of those representations; all applicable provisions of this policy.
DEFINITIONS
In this policy, “you” and “your” refer to the “named 4. “Emergency Mitigation Services” means
insured” shown in the Declarations and the spouse if necessary measures taken to prevent covered
a resident of the same household. “We,” “us” and property from further damage when the damage
“our” refer to the Company providing this insurance. or loss is caused by a Peril Insured Against.
In addition, certain words and phrases are defined as 5. “Fungi” means any type or form of fungus,
follows: including:
1, “Bodily injury” means bodily harm, sickness or a. Mold or mildew; and
disease, including required care, loss of services b. Any mycotoxins, spores, scents or
and death that results. byproducts produced or released by fungi.
2. “Business” Means: Under SECTION II, this does not include any
a A trade, profession or occupation engaged in fungi, yeast or bacteria that are in, are on or are
ona full-time, part-time or occasional basis; contained in a good or product intended for
or consumption.
b. Any other activity engaged in for money or 6. “Insured” means you and residents of your
other compensation, except the following: household who are:
(1) One or more activities, not described in a. Your relatives; or
(2) through (4) below, for which no b. Other persons under the age of 21 and in the
"insured" receives more than $2,000 in care of any person named above.
total compensation for the 12 months Under SECTION II, “insured” also means:
before the beginning of the policy e With respect to watercraft to which this
period; policy applies, any person or organization
2) Volunteer activities for which no money legally responsible for watercraft which are
is received other than payment for owned by you or any person included in 5.a.
expenses incurred to perform the or 5.b. above.
activity; A person or organization using or having
(3) Providing home day care services for custody of the watercraft in the course of
which no compensation is received, any “business” or without consent of the
other than the mutual exchange of such owner is not an “insured”;
services; or d. With respect to any vehicle to which this
(4) The rendering of home day care policy applies:
services to a relative of an "insured". (1) Persons while engaged in your employ
3. “Catastrophic ground cover collapse” means or that of any person included in 5.a. or
geological activity that results in all of the 5.b. above; or
following: (2) Other persons using the vehicle on an
a The abrupt collapse of ground cover; “insured location” with your consent.
b. A depression in the ground cover clearly 7. “Insured location” means:
visible to the naked eye; a. The “residence premises”;
G “Structural damage” to the “principal b. The part of other premises, other structures
building”, including the foundation; and and grounds used by you as a residence and:
d. The “principal building” being condemned (1) Which is shown in the Declarations as
and ordered to be vacated by the Location of Residence Premises: oe
23 ,“or
governmental agency authorized by law to (2) Which is acquired by you during the
issue such an order for that “principal policy period for your use as a
building”. residence;

APC HO-3 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1 of 31
Avatar Property & Casualty Insurance Company

G Any premises used by you in connection d. That part of other premises, other buildings,
with a premises in 6.a. and 6.b. above; structures and grounds not located at the
d. Any part of a premises: “residence premises.”
(1) Not owned by an “insured”; and e Materials and supplies located on or next to
(2) Where an “insured” is temporarily the “residence premises” used to construct,
residing; alter or repair any property other than the
e Vacant land, other than farm land, owned by “principal building” on the “residence
or rented to an “insured”; premises.”
f. Land owned by or rented to an “insured” on 14, “Property damage” means physical injury to,
which a one or two-family dwelling is being destruction of, or loss of use of tangible property.
built as a residence for an “insured”; 15, “Residence employee” means:
g Individual or family cemetery plots or burial a. An employee of an “insured” whose duties
vaults of an “insured”; or are related to the maintenance or use of the
h. Any part of a premises occasionally rented “residence premises,” including household
to an “insured” for other than “business” or domestic services; or
use. b.One who performs similar duties elsewhere
8. “Marring” means to disfigure, deface, scar or not related to the “business” of an “insured.”
blemish. 16, “Residence premises” means:
9a “Occurrence” means an accident, including a. The one family dwelling, other structures,
continuous or repeated exposure to substantially and grounds; or
the same general harmful conditions, which b. That part of any other building;
results, during the policy period, in: where you reside and which is shown as the
a. “Bodily injury”; or “Location of Residence Premises” in the
b. “Property damage.” Declarations.
Assault and battery is not an “occurrence,” when “Residence premises” also means a two family
committed by or at the direction of an “insured.” dwelling where you reside in at least one of the
10. “Personal watercraft” means a watercraft family units and which is shown as the “Location
designed to carry one to four people, propelled of Residence Premises” in the Declarations.
by a water jet pump, powered by an internal 17. “Structural damage” means a “principal
combustion engine. Personal watercraft include, building,” regardless of the date of its
but are not limited to, watercraft referred to as jet construction, has experienced the following:
ski, wave runner, wave blaster, water scooter, a. Interior floor displacement or deflection in
seabreacher, dolphin boat and similar watercraft. excess of acceptable variances as defined in
11. “Primary structural member” means a structural ACT 117-90 or the Florida Building Code,
element designed to provide support and stability which results in settlement related damage
for the vertical or lateral loads of the overall to the interior such that the interior building
structure. structure or members become unfit for
12. “Primary structural system” means an service or represents a safety hazard as
assemblage of “primary structural members.” defined within the Florida Building Code;
13. “Principal building” means that part of your b. Foundation displacement or deflection in
dwelling on the “residence premises” shown in excess of acceptable variances as defined in
the Declarations, including structures attached to ACI 318-95 or the Florida Building Code,
the dwelling as described under SECTION I — which results in settlement related damage
Coverage A. to the “primary structural members” or
However, “principal building” does not include: “primary structural systems” that prevents
a Appurtenant structures, driveways, those members or systems from supporting
sidewalks, walkways, decks, patios, pools, the loads and forces they were designed to
spas, or fences, unless such structures are support to the extent that stresses in those
part of the “principal building’s” foundation “primary structural members” or “primary
or under the “principal building’s” roofline; structural systems” exceeds one and one-
b. Buildings or other structures covered under third the nominal strength allowed under the
Coverage B; Florida Building Code for new buildings of
ce Buildings, structures and other property similar structure, purpose, or location;
excluded or not covered in your policy; e Damage that results in listing, leaning or
buckling of the exterior load bearing walls
or other vertical “primary structural

APC HO-3 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 of 31
Avatar Property & Casualty Insurance Company

members” to an extent that a plumb line e Damage occurring on or after October 15,
passing through the center of gravity does 2005, that qualifies as “substantial structural
not fall inside the middle one-third of the damage” as defined in the Florida Building
base as defined within the Florida Building Code.
Code; 18. “Unoccupied” means the dwelling is not being
d. Damage that results in the building, or any inhabited as a residence.
portion of the building containing “primary 19, “Vacant” means the dwelling lacks the necessary
structural members” or “primary structural amenities, adequate furnishings, or utilities and
systems,” being significantly likely to services to permit occupancy as a residence.
imminently collapse because of the 20. “Vermin” meaning an animal prone to enter into
movement or instability of the ground within or under a structure, including but not limited to:
the influence zone of the supporting ground armadillos, bats, opossums, porcupines,
within the sheer plane necessary for the raccoons, skunks.
purpose of supporting such building as
defined within the Florida Building Code; or
SECTION I - PROPERTY COVERAGES
COVERAGE A - Dwelling The limit of liability for this coverage is shown in
We cover: your Declarations for Coverage B. Use of this
1. The dwelling on the “residence premises” shown coverage does not reduce the Coverage A limit of
in the Declarations, including structures attached liability.
to the dwelling; and attached wall to wall The following unattached structures are included
carpeting if damage to the dwelling is caused by under Coverage B — Other Structures:
a covered loss. 1. Any structure enclosed by screens on more than
2. Materials and supplies located on or next to the one side, constructed to be open to the weather,
“residence premises” used to construct, alter or and not constructed of and covered by the same
repair the dwelling or other structures on the or substantially the same materials as that of the
“residence premises.” primary dwelling;
3. In-ground swimming pools including related 2. Carports, open sided porches that have a roof.
permanently installed equipment such as pumps covering, and patios that have a roof covering,
and filters. not constructed of and covered by the same or
This coverage does not apply to land, including land substantially the same materials as that of the
on which the dwelling is located. primary dwelling;
This coverage is limited to the “principal building” 3. Any structure where that structure’s roof
for the peril of “catastrophic ground cover collapse.” coverings or exterior wall coverings are of
Property Not Covered. thatch, lattice, slats, or similar material; and
This coverage does not apply to loss or damage to 4, Slat houses, chickees, tiki huts, gazebos,
aluminum framed screened enclosures due to cabanas, canopies, pergolas, or similar structures,
hurricane. constructed to be open to the weather.
COVERAGE B - Other Structures Property Not Covered.
We cover other structures on the “residence This coverage does not apply to loss or damage to
premises” set apart from the dwelling by clear space. aluminum framed screened enclosures due to
This includes structures connected to the dwelling by hurricane.
only a fence, utility line, or similar connection. COVERAGE A - Dwelling and
This coverage does not apply to land, including land COVERAGE B - Other Structures
on which the other structures are located. Special Limit of Liability
This coverage does not apply to loss or damage 1. The total limit of liability for Coverages A and B
resulting from the peril of “catastrophic ground cover combined is $10,000 per policy period for
collapse.” cosmetic or aesthetic damages to floors.
We do not cover other structures: a Cosmetic or aesthetic damages includes, but
1. Used in whole or in part for “business”; or is not limited to, chips, scratches, dents or
2. Rented or held for rental to any person not a any other damage that covers less than 5%
tenant of the dwelling, unless used solely as a of the total floor surface area of the building
private garage. and does not prevent typical use of the floor.

APC HO-3 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 3 of 31
Avatar Property & Casualty Insurance Company

b. This limit includes the cost of tearing out This dollar limit applies to these categories
and replacing any part of the building regardless of the medium (such as paper or
necessary to repair the damaged flooring. computer software) on which the material exists.
G $10,000 is the most we will pay for the total This limit includes the cost to research, replace,
of all loss or costs payable under this Special or restore the information from the lost or
Limit of Liability regardless of the: damaged material.
(1) Number of locations insured; 3. $1,500 on watercraft, including their trailers,
(2) Number of occurrences or claims made; furnishings, e

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ARENDAS, CHRISTINE E Track Judge’s New Case

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Document Filed Date

October 20, 2068

Case Filing Date

June 24, 2021

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Document for ANDUJAR, ORISCILLA vs. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY

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