Legal Document: HINDS, ODETTE THERESA vs. AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY

On December 03, 2021 a was filed involving a dispute between Hinds, Odette Theresa, and Avatar Property And Casualty Insurance Company, for CIRCUIT CIVIL in the District Court of Osceola County.

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Filing # 139679973 E-Filed 12/03/2021 01:37:52 PM

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

ODETTE THERESA HINDS,

Plaintiff, CASE NO.:

Vv.

AVATAR PROPERTY &
CASUALTY INSURANCE
COMPANY,

Defendant.

COMPLAINT FOR BREACH OF CONTRACT AND DEMAND FOR JURY TRIAL

COMES NOW the Plaintiff, ODETTE THERESA HINDS, by and through her

undersigned attorney, and files this Complaint against the Defendant, AVATAR PROPERTY &

CASUALTY INSURANCE COMPANY and as grounds therefore, states the following:

GENERAL ALLEGATIONS

1 At all times relevant, ODETTE THERESA HINDS was a resident of the State of

Florida, owning the property which is the subject of the at issue insurance policy and residing in

Osceola County, Florida.

2 At all times relevant hereto, the Defendant, AVATAR PROPERTY &

CASUALTY INSURANCE COMPANY was an insurance company organized and existing under

the laws of the State of Florida and doing business in the State of Florida.

3 The amount in controversy in this action does exceed Thirty Thousand Dollars

($30,000.00), exclusive of pre-judgment interest, court costs, and attorneys’ fees.
BREACH OF CONTRACT

4 Plaintiff, ODETTE THERESA HINDS realleges each and every allegation set forth

in Paragraphs 1 through 3 above, as if fully set forth herein.

5 This is an action for damages for breach of an insurance contract against AVATAR

PROPERTY & CASUALTY INSURANCE COMPANY.

6. ODETTE THERESA HINDS owns the property and residence at 1007 Seneca

Trail, Saint Cloud, FL 34772 (“Her Property and Residence” or “Odette Hinds’ Property and

Residence”).
7
Prior to and on April 10, 2021, ODETTE THERESA HINDS has insured Her

Property and Residence with AVATAR PROPERTY & CASUALTY INSURANCE COMPANY.

8 At the time AVATAR PROPERTY & CASUALTY INSURANCE COMPANY

agreed to insure Odette Hinds’ Property and Residence, which was prior to April 10, 2021, the

policy application was reviewed by AVATAR PROPERTY & CASUALTY INSURANCE

COMPANY’s underwriting department.

9. Contemporaneous with issuing its insurance policy to ODETTE THERESA

HINDS, AVATAR PROPERTY & CASUALTY INSURANCE COMPANY’s underwriting

department determined that Odette Hinds’ Property and Residence was in good condition and was

not damaged.

10. Contemporaneous with issuing its insurance policy to ODETEE THERESA

HINDS, AVATAR PROPERTY & CASUALTY INSURANCE COMPANY’s underwriting

department found that Odette Hinds’ Property and Residence complied with its underwriting

guidelines for new policies.
11. In consideration of the premium paid to it, AVATAR PROPERTY & CASUALTY

INSURANCE COMPANY issued to ODETTE THERESA HINDS a contract of insurance which

provided coverage to Odette Hinds’ Property and Residence. The policy of insurance was in full

force and effect at the time of the subject loss and damage at Odette Hinds’ Property and

Residence.

12. A copy of the applicable Insurance Policy which was in effect at the time of the

subject loss and damage at Odette Hinds’ Property and Residence is attached as Exhibit “A”.

13. During the period of coverage under the insurance policy, Odette Hinds’ Property

and Residence suffered direct physical damage and loss due to high speed winds.

14. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY has refused to

provide the full coverage which ODETTE THERESA HINDS is owed under their Policy for this

covered loss.

15. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY has had

extensive opportunity to learn that the coverage decision they made for ODETTE THERESA

HINDS’ claim is improper. Nevertheless, AVATAR PROPERTY & CASUALTY INSURANCE

COMPANY continues to withhold full coverage and policy benefits which are owed to ODETTE

THERESA HINDS for the covered direct physical damage and loss that occurred.

COUNT I

16. Plaintiff, ODETTE THERESA HINDS, realleges each and every allegation set

forth in Paragraphs | through 15 above, as if fully set forth herein.

17. During the policy period, the roof of Odette Hinds’ Property and Residence was

damaged as a result of high speed winds. Water intrusion resulted from this covered damage.
18. On or about April 10, 2021, the roof of Odette Hinds’ Property and Residence was

damaged as a result of high speed winds. Water intrusion resulted from this covered damage.

19. High speed wind caused damage to Odette Hinds’ Property and Residence,

including but not limited to torn shingles, weakening of the shingles, dislodged shingles, creased

shingles, as well as other damage.

20. As a result of this damage to the roof, water intrusion occurred into Odette Hinds’

Property and Residence which caused additional damage.

21. High speed wind which caused loss and damage to Odette Hinds’ Property and

Residence was a peril for which the policy of insurance issued by AVATAR PROPERTY &

CASUALTY INSURANCE COMPANY provided coverage.

22. The sudden and accidental loss and damage from high speed wind caused ODETTE

THERESA HINDS to sustain a loss to Her Property and Residence, which is covered property.

23. The sudden and accidental loss and damage caused by high speed wind caused and

continues to cause ODETTE THERESA HINDS to incur additional expenses and loss.

24. ODETTE THERESA HINDS made a timely claim to AVATAR PROPERTY &

CASUALTY INSURANCE COMPANY for the damage and loss.

25. ODETTE THERESA HINDS requested AVATAR PROPERTY & CASUALTY

INSURANCE COMPANY pay for these covered damages in accordance with the policy of

insurance which they have paid the premiums on.

26. ODETTE THERESA HINDS has done and performed all those matters and things

properly required of them under the insurance policy, or, alternatively, has been excused from

performance by the acts, representations, and/or conduct of AVATAR PROPERTY &

CASUALTY INSURANCE COMPANY.
27. Notwithstanding the foregoing, AVATAR PROPERTY & CASUALTY

INSURANCE COMPANY has failed and refused and continues to refuse to provide proper

coverage and to fully and properly pay the amounts due to ODETTE THERESA HINDS under

the Policy for the aforementioned damages despite knowing that it is required to do so and has

thereby breached the contract of insurance.

28. As a direct result of AVATAR PROPERTY & CASUALTY INSURANCE

COMPANY’s breach of the insurance contract, ODETTE THERESA HINDS has been financially

damaged and continue to suffer damage and loss.

29. As a result of AVATAR PROPERTY & CASUALTY INSURANCE

COMPANY’s breach of the insurance contract, it has become necessary for ODETTE THERESA

HINDS to incur and become obligated for attorney's fees and costs in connection with the

prosecution of this action. ODETTE THERESA HINDS is entitled to have AVATAR

PROPERTY & CASUALTY INSURANCE COMPANY pay for said fees and costs pursuant

section 627.428, Florida Statutes.

WHEREFORE, Plaintiff, ODETTE THERESA HINDS prays this Court order Defendant

AVATAR PROPERTY & CASUALTY INSURANCE COMPANY to pay in full the indemnity

provided under the Policy of Insurance between the parties, and to award her actual and

compensatory damages, pre-judgment interest, costs of this action, attorney's fees, and such other

and further relief as this Court deems appropriate.
DEMAND FOR JURY TRIAL

Plaintiff, ODETTE THERESA HINDS demand a trial by jury of all issues so triable as of

right by a jury.

Date: December 3, 2021.

Respectfully submitted,

/s/ David R. Bear
DAVID R. BEAR, ESQUIRE
Florida Bar No: 43269
Bear Legal Solutions
111 North Orange Avenue, Suite 800
Orlando, FL 32801
Telephone: (321) 888-3955
Facsimile: (407) 891-8730
David@BearLegalSolutions.com
Liz@BearLegalSolutions.com
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
RCOTELSTOR OF VE ASS.

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 II, 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,

Pane Vale
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 30537
Tampa FL 33630-3537

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
info@avatarins.com

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

» Vaake
Diane Viale
Underwriting Manager
AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY
1101 ECUMBERLAND AVE, TAMPA, FL 33602
Policy Number Policy Period
FROM 12:01 AM. TO 12:01AM.
—Pc2020000015 HOMEOWNER DECLARATIONS 01/03/2021 01/03/2022
NAMED INSURED: ODETTE THERESA C HINDS
MAILED TO: PRODUCER:
ODETTE THERESA C HINDS ZANGRONIS & ASSOCIATES INSURANCE SERVICES, INC
1007 SENECA TRAIL 411 £ MONUMENT AVE SUITE 322
null FL 34772 KISSIMMEE FL 34741

TELEPHONE: (407) 203-7028
DATE MAILED: 11/16/2020 Page 1 of 4

FIRST MORTGAGEE: SECOND MORTGAGEE: THIRD MORTGAGEE:
BANK OF AMERICA , NA ISAOA ATIMA
PO BOX 961291
FORT WORTH TEXAS 76161
Loan No. : 243046361

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

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: $5,100

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. TO 12:01 AM.
—Pc2020000015 HOMEOWNER DECLARATIONS 01/03/2021 01/03/2022
NAMED INSURED:ODETTE THERESA C HINDS

RECT
ECTION 1 HURRICANE DEDUCTIBLE 2% $8100
IDEDUCTIBLES $100
NON HURRICANE DEDUCTIBLE

LIMIT OF LIABILITY SECTION !] COVERAGES: LIMIT OF LIABILITY

SECTION | COVERAGE:
A: DWELLING $255,039 E. COMP. PERSONAL LIABILITY
B: OTHER STRUCTURES $5,101 EACH OCCURRENCE $300,000
C: UNSCHEDULED PERSONAL PROPERTY $102,016 F: MED PAY $3,000
D: LOSS OF USE $51,008
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. LIMITPER {AGGREGATE} PREMIUM PROPERTY PREMIUMS
PROPERTY ARTICLE PER LOSS
Non Hurricane $559
E-Personal Liability Included
F-Medical Payments Included
Motd/Fungi Cvg Endt $10,000} included
(Ordinance or Law $63,760 Included
Personal Property Replacement Cost Included
Sink Hole Exclusion Included
Water Back up $5,000) $25
Wind and Hail Included
Hurricane $811
ADDITIONAL CREDITS /
SURCHARGES: SUBTOTAL $1,395
Emergency Management Preparedness & Assistance $2
New Home Discount -1.0%| Trust Fund Fee
Wind Mitigation Credit -72.0%| Managing General Agency Fee $25
BCEG Credit -1.0%
TOTAL PREMIUM $1,422
Burglar Alarm Discount -1.0%
ENDORSEMENTS. ELED_03331213 ELED 04901213 APC_D04950517
ENCLOSED WITH THIS
DECLARATIONS PAGE:

IMPORTANT INFORMATION
This policy declarations replaces all declarations with the same or prior effective date. Your homeowner insurance expires and coverage
ceases at 12:01 AM on 01/03/2022. 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 01/03/2021 12:01 AM ANN. RENEWAL,
CHANGE IN PREMIUM.
Premium due to Rate change: $361.00 Premium due to Coverage change: $0.00

LIST ALL DISCOUNTS

New Home Discount, Wind Mitigation Credit, BCEG Credit, Burglar Alarm Discount

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

2005 a FULLPAY N N Y 2 NO Y Y N Y
Total Premium for the Policy Period. (Your bill will be mailed separately).
Total Premium for Property Insured: $1,422

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_03331213 12 13 Fungi - Increased Amount
ELED_04901213 12 13 - Personal Property Replacement Cost
APC_D04950517 APC D04 95 05 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: (407) 203-7028
or,

Avatar Property And Casualty Insurance Company at: (877) 233-3237.
Hla Pili
lhe
Hitesh (John) P. Adhia Lewis Williams

Al02200707
AVATAR
Property & Casualty Insurance Company
Protector Of Your Assets

HOMEOWNERS
POLICY

Avatar Property & Casualty Insurance Company
01 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.

Hila (AO
President
Avatar Property & Casualty Insurance Company

ELE HOJ 10 13
AVATA
Property & Casualty Insurance Company

Homeowners 3 — Special Form
Avatar Property & Casualty Insurance Company

AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY
HOMEOWNERS 3 - SPECIAL FORM

i 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 - SPECIAI 15. Recovered Property. 22
AGREEMENT .. 16. Volcanic Eruption Period. 22
DEFINITIONS .. 17 Adjustment to Property Coverage Limits 22
SECTION I - PR’ VE} 18 Deductible. 22
COVERAGE A = Dwellin; 19, Loss Payable Claus 22
Property Not Covered. 20. Assignment of Benefits. 23
COVERAGE B -~ Other Structures. SECTION II - LIABILITY COVERAGE!
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 Liabilit Limit Of Liability.
Property Not Covered. Severability Of Insurance.
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 Service: Payment of Claim — Coverage F edi al
Trees, Shrubs and Other Plants. Payments to Others. 28
Fire Department Service Charg: Suit Against Us. 28
Property Removed. Bankruptcy of an Insured. 28
Credit Card, Fund Transfer Card, Forgery Other Insurance ~ CoverageE ~ Personal
and Counterfeit Mone’ Liability. 28
Loss Assessment. Joint Obl jons. 28
Collapse. SECTION Tand II - CONDITION 28
Glass or Safety Glazing Materi: Policy Period. 28
10. Landlord’s Furnishings Concealment or Fraud. 28
i “Fungi,” Wet Or Dry Rot, Yeast Or Liberalization Claus 28
Bacteria. 10 Waiver or Change of Policy Provisions. 29
12, Ordinance or Law. il Cancellation. 29
13. Temperature Change il Non-renewal, 30
14. Power Interruption. 1 Assignment 30
15. Arson Reward, 1 Subrogation. 30
SECTION I - PERILS INSURED AGAINST. iL Salvag 30
COVERAGE A — DWELLING and COVERAGE 10. Inspections and Surveys 30
B-— OTHER STRUCTURES, 12 I Meetings or Inspections. 30
COVERAGE C — PERSONAL PROPERTY 14 12 Death 31
SECTION I - EXCLUSIONS 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 U: 21
Our Option... 21
10. Loss Payment.... 21
Avatar Property & Casualty Insurance Company

AGREEMENT
This policy is issued on behalfof 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 fungu:
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 “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
@) 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 collaps: ©”=” 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”;
c “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 (4) Which is shown in the Declarations as
and ordered to be vacated by the Location of Residence Premises: o, ; &“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 Inchides copyrighted material of Insurance Services Office, Inc., with its permission. lof31
Avatar Property & Casualty Insurance Company

c Any premises used by you in connection d. That part of other premises, other buildings,
witha premis' in 6.a. and 6.b. above; structures and grounds not located at the
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.”
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:
a “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
1
or under the “principal building’ Ss 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
c Buildings, structures and other property similar structure, purpose, or location;
excluded or not covered in your policy; Damage that results in listing, leaning or
buckling of the exterior load bearing walls
or other vertical “primary structural

APC HO-3 01 19 Inchides copyrighted material of Insurance Services Office, Inc., with its permission. 2 of31
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
a. 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 a

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YOUNG, TOM Track Judge’s New Case

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Document Filed Date

September 20, 2070

Case Filing Date

December 03, 2021

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Document for HINDS, ODETTE THERESA vs. AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY

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