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Filing # 143585624 E-Filed 02/09/2022 11:55:35 AM
IN THE CIRCUIT COURT OF THE 9TH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.:
AWILDA ACEVEDO,
JIMMY ACEVEDO, AND
ROZAIDA HERNANDEZ
Plaintiffs,
vs.
AMERICAN TRADITIONS
INSURANCE COMPANY
Defendant,
___________________________________/
COMPLAINT FOR DAMAGES AND
DEMAND FOR JURY TRIAL
Plaintiffs, AWILDA ACEVEDO, JIMMY ACEVEDO, AND ROZAIDA HERNANDEZ
(hereinafter referred to as the “Insured”), by and through undersigned counsel, file this
Complaint for Damages and Demand for Jury Trial against Defendant, AMERICAN
TRADITIONS INSURANCE COMPANY (hereinafter referred to as “AMERICAN
TRADITIONS”), stating as follows:
PARTIES, JURISDICTION AND VENUE
1. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00)
exclusive of interest, attorney’s fees and costs.
GREENBERG RAMON-ALONSO & URBANO ∙ 11440 N. KENDALL DRIVE ∙ PENTHOUSE 400 ∙ MIAMI, FLORIDA 33176
TEL: 305.595.2400 ∙ FAX: 305.595.5105 ∙ WWW.SGGLAW.COM
2. At all times material hereto, the Insured was and is a resident of Osceola County, Florida
and is otherwise sui juris.
3. At all times material hereto, the Insured owned the property located at 1801 Jersey
Avenue, Saint Cloud, FL 34769, in Osceola County, Florida (hereinafter referred to as
the “Property”).
4. At all times material hereto, AMERICAN TRADITIONS was and is a licensed insurer in
the State of Florida authorized to transact insurance business and issuing insurance to
homeowners such as the Insured in Osceola County, Florida.
5. Jurisdiction and venue are proper in Osceola County, Florida because the Contract, which
forms the subject matter of this lawsuit, was executed in Osceola County, Florida and the
Property, which forms the subject matter of this lawsuit, is located in Osceola County,
Florida.
6. All conditions precedent to the initiation and prosecution of this lawsuit have been
performed or have occurred.
GENERAL ALLEGATIONS
7. This is an action for damages for breach of an insurance contract arising from a claim for
insurance proceeds.
8. At all times material hereto, in consideration of premiums paid by the Insured, there was
in full force and effect a certain homeowners’ insurance policy issued by AMERICAN
TRADITIONS, under Policy Number ATM221714 (hereinafter referred to as the
“Policy”).
GREENBERG RAMON-ALONSO & URBANO ∙ 11440 N. KENDALL DRIVE ∙ PENTHOUSE 400 ∙ MIAMI, FLORIDA 33176
TEL: 305.595.2400 ∙ FAX: 305.595.5105 ∙ WWW.SGGLAW.COM
9. The Policy is a written insurance contract. It is an “all risk” Policy which provides for
repair or replacement of physical damage to the Property on a replacement cost basis with
like kind and quality material and workmanship. A copy of said Policy is attached hereto
and incorporated herein as Plaintiff’s Exhibit “A”.
10. Accordingly, under the terms of the Policy, AMERICAN TRADITIONS agreed to
provide insurance coverage to the Insured’s Property against certain losses.
11. On or about May 31, 2021, while the Policy was in full force and effect, the Property
sustained a covered loss as a result of a bathroom leak which caused extensive damage to
the Property (the “Loss”).
12. Defendant, AMERICAN TRADITIONS, assigned Claim Number AM130449 to the
Loss.
13. Under the terms of the Policy Defendant, AMERICAN TRADITIONS is liable to the
Insured for the total amount (within the Policy Limits) of the Loss.
14. The Insured timely notified Defendant, AMERICAN TRADITIONS, of the Loss and
otherwise performed all conditions precedent to entitle the Insured to coverage and
benefits under the subject Policy of insurance.
15. The Insured timely undertook all reasonably necessary actions to mitigate the damages.
16. Defendant, AMERICAN TRADITIONS, through its agents and/or employees,
investigated the Loss suffered by the Insured.
17. Defendant, AMERICAN TRADITIONS, has failed to pay the total amount of the
damages of the covered loss.
GREENBERG RAMON-ALONSO & URBANO ∙ 11440 N. KENDALL DRIVE ∙ PENTHOUSE 400 ∙ MIAMI, FLORIDA 33176
TEL: 305.595.2400 ∙ FAX: 305.595.5105 ∙ WWW.SGGLAW.COM
COUNT I
BREACH OF CONTRACT FOR COVERED DAMAGES
Paragraphs 1-17 of this Complaint are restated and incorporated herein.
18. The Policy constitutes a written insurance Contract.
19. The subject Policy of insurance provides coverage for direct physical loss from a covered
peril to the Insured’s home, sufficient to repair said damages and place the Insured’s
home in the same condition it was prior to the loss.
20. That the Insured sustained unpaid damages that are covered losses under the Defendant’s
Policy of insurance.
21. Despite the Insured’s demand that AMERICAN TRADITIONS honor its contractual
obligation and pay for all the covered damages to the home, AMERICAN TRADITIONS
has failed to extend the necessary benefits to repair the covered damages to Insured’s
home.
22. AMERICAN TRADITIONS has failed to compensate the Insured for all of the covered
damages incurred, to sufficiently restore the damaged home to the same condition prior to
the damage occurring.
23. By failing to pay for all of the Insured’s covered damages, AMERICAN TRADITIONS
has breached the Contract of insurance.
24. As a direct result of AMERICAN TRADITIONS’s breach of the insurance Contract, the
Insured has suffered damages and continues to suffer such damages and Loss.
25. As a further result of AMERICAN TRADITIONS’s breach of the insurance Contract, it
has become necessary for the Insured to incur and become obligated to pay attorney’s
GREENBERG RAMON-ALONSO & URBANO ∙ 11440 N. KENDALL DRIVE ∙ PENTHOUSE 400 ∙ MIAMI, FLORIDA 33176
TEL: 305.595.2400 ∙ FAX: 305.595.5105 ∙ WWW.SGGLAW.COM
fees and costs in connection with the initiation and prosecution of this Complaint
including appellate attorney’s fees and costs if necessary.
WHEREFORE, Plaintiffs, AWILDA ACEVEDO, JIMMY ACEVEDO, AND ROZAIDA
HERNANDEZ, respectfully request the Court enter a Final Judgment in their favor and against
Defendant, AMERICAN TRADITIONS INSURANCE COMPANY, for the full amount of the
covered damages as well as awarding the Plaintiffs, AWILDA ACEVEDO, JIMMY ACEVEDO,
AND ROZAIDA HERNANDEZ, prejudgment and post-judgment interest, attorney’s fees, costs,
and any other relief this Honorable Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiffs, AWILDA ACEVEDO, JIMMY ACEVEDO, AND ROZAIDA
HERNANDEZ, demand a jury trial on all issues so triable.
Respectfully submitted this 9th day of February, 2022.
GREENBERG RAMON-ALONSO & URBANO
Counsel for Plaintiff
11440 North Kendall Drive
Penthouse 400
Miami, FL 33176
Telephone: (305) 595-2400
Facsimile: (305) 595-5105
By: /S/ Dennis N. Urbano__________
DENNIS N. URBANO
Florida Bar No.: 221872
durbano@sgglaw.com
mail@sgglaw.com
GREENBERG RAMON-ALONSO & URBANO ∙ 11440 N. KENDALL DRIVE ∙ PENTHOUSE 400 ∙ MIAMI, FLORIDA 33176
TEL: 305.595.2400 ∙ FAX: 305.595.5105 ∙ WWW.SGGLAW.COM
AMERICAN TRADITIONS INSURANCE COMPANY T.J. JERGER MGA, LLC
7785 66th St. N.
Mobile Homeowners Declarations Page Pinellas Park, FL 33781
Agent Name and Augustyniak Insurance Group Inc If you have any questions regarding this policy which
Address: 12058 San Jose Blvd your agent is unable to answer please contact us at
Suite 304 866-561-3433.
Jacksonville, FL 32223
Agent Phone #: (904)268-3106 Agency Code: AF2488
Policy Number: ATM221714 Insuring Company: American Traditions Insurance Company
Named Insured: Awilda Acevedo and Jimmy P.O. Box 2800
Mailing Address: 1801 Jersey Ave Pinellas Park, FL 33780
Saint Cloud, FL 34769
Mortgagee(s) #1: #2:
Effective Dates: From: 8/11/2020 12:01am To: 8/11/2021 12:01am Effective date of this transaction: 08/11/2020 12:01am
Activity: New Business Addl Insured:
Insured Location: 1801 Jersey Ave Park Name:
Saint Cloud, FL 34769
Unit Description: Year: 1996 Make: Nobility Serial #: UNKN000 Length: 50 Width: 24
Coverage at the residence premises is provided only where a limit of liability is shown or a premium is stated.
Coverages and Coverage Section Limits Non-Hurricane Hurricane Total
88,000 $785.00 $119.00 $904.00
Premiums: A. Dwelling
B. Other Structures
C. Personal Property 26,400 Included
D. Loss of Use 17,600 Included
E. Personal Liability 100,000 $19.00 $19.00
F. Medical Payments to Others 1,000 $2.00 $2.00
Policy Fee $25.00
Emergency Management Preparedness and $2.00
Assistance Trust Fund Fee
Premium -$38.00 $46.00 $8.00
Adjustments:
Total Policy Premium $960.00
Non-Hurricane Premium: $795.00 Hurricane Premium: $165.00
Deductible: All Other Perils: $1,000 Hurricane Deductible: $1,760 / 2%
Special Messages:
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE
FOR HURRICANE LOSSES, WHICH MAY RESULT IN
HIGH OUT-OF-POCKET EXPENSES TO YOU.
Reminder: If your policy contains replacement cost on dwelling, the amount of coverage will not exceed the stated policy value.
08/11/2020
Krista A. Cioffi Date
Countersignature
Page 1 of 2 ATIC MHO DEC 01 19
Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a
statement of claim or an application containing any false, incomplete, or misleading information
is guilty of a felony in the third degree.
Forms ATIC Jkt 01 09 WP 04 03 07 00 ATIC MHO Sinkhole 05 16 HO 04 90 04 91
ATIC MHO DEC 01 19 WP 03 02 07 00 MLD 364 10 16 ID Theft 04 17
and
OIR B1 1670 INDEX1205 ATIC Privacy 05 15
Endorsements: MHO CF 00 2A 12 17 ATIC MHO COMPOutline0119 NOASA - A 07 15
MHAE 03 03 12 16 WP 09 DN 01 06 HO 03 51 05 05
WP 276 01 06 MLD 362 10 16 ATIC 23 74 06 17
Pay Plan: Number of Payments: 1 Bill to: Insured
Rating Program: PP
Information: Territory: 001 Year Constructed: 1996
Scheduled
Property: Description: Limit:
Premium Coverage Section Length Width Limits Non-Hurricane Hurricane Total
Adjustments:
ANSI/ASCE 7-88 Standard -$71.00 -$11.00 -$82.00
Catastrophe Charge 88000 $55.00 $55.00
Electronic Policy Distribution Discount -$10.00 -$10.00
Fire Extinguisher/Smoke Alarm -$39.00 -$6.00 -$45.00
Identity Theft $30.00 $30.00
Limited Fungi/Rot/Bacteria 10000 Included
Membership in AARP, AAA, or FMHO -$39.00 -$6.00 -$45.00
Replacement Cost Dwelling $12.00 $2.00 $14.00
Replacement Personal Effects $79.00 $12.00 $91.00
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S
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.
Page 2 of 2 ATIC MHO DEC 01 19
Advanced, Trustworthy, Intuitive, Caring
MOBILE HOMEOWNERS POLICY
Underwriting Service Provided By:
TJ Jerger MGA, LLC
7785 66th Street
Pinellas Park, FL 33781
TO REPORT A CLAIM, PLEASE CALL 866-270-8430
ATIC Jkt 01 09
********IMPORTANT NOTICE********
THIS POLICY DOES NOT INCLUDE INSURANCE PROTECTION AGAINST FLO OD LOSSES
THIS COVERAGE IS AVA ILABLE THROUGH AGENTS WHO WRITE FLOOD INSURANCE
IF YOU SHOULD HAVE A NY QUESTIONS REGARDING THIS COVERAGE
PLEASE CONTACT YOUR AGENT
This policy is issued on behalf of American Traditions Insurance Company and by acceptance of this
policy you agree:
1. That the statements in the declarations are your representations,
2. That this policy is issued in reliance upon the truth of those representations and
3. That this policy embodies all agreements existing between you and American Traditions
Insurance Company or any of our Producers relating to this policy.
IN WITNESS WHEREOF, the comp any has caused this policy to be executed and attested, but this policy
shall not be valid unless countersigned by a duly authorized representative of the company.
___________________ ____________________
Raymond M. Blacklidge T. John Jerger, Jr.
Secretary President
American Traditions Insurance Company
ATIC Jkt 01 09
Checklist of Coverage
ATM221714 Policy Type: Comprehensive MH PP
The following checklist is for informational purposes only. Florida law prohibits this checklist from
changing any of the provisions of the insurance contract which is the subject of the checklist. Any
endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles,
coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately.
Reviewing this checklist together with your policy can help you gain a better understanding of your
policy's actual coverages and limitations and may even generate questions. By addressing any questions
now, you will be more prepared later in the event of a claim. Experience has shown that many questions
tend to arise regarding the coverage of attached or detached screened pool enclosures, screened
porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions
may arise regarding the coverage of certain items, such as individual heating and air conditioning units;
individual water heaters; floor, wall and ceiling coverings; built-in cabinets and counter tops; appliances;
window treatments and hardware; and electrical fixtures. A clear understanding of your policy's
coverages and limitations will reduce confusion that may arise during claims settlement.
Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All
coverages are subject to the provisions and conditions of the policy and any endorsements. If you have
questions regarding your policy, please contact your agent or company. Consumer assistance is
available from the Department of Financial Services, Division of Consumer Services' Helpline at (800)
342-2762 or www.fldfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Limit of Insurance: $88,000.00 Loss Settlement Basis: $ See Policy
(i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.)
Other Structures Coverage (Detached from Dwelling)
Limit of Insurance: Loss Settlement Basis: $
(i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.)
Personal Property Coverage
Limit of Insurance: $26,400.00 Loss Settlement Basis: $ See Policy
(i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.)
Deductibles
Annual Hurricane: $1,760.00 All Perils (Other Than Hurricane): $ $1,000.00
OIR-B1-1670 (1-1-06) Page 1 of 3
Checklist of Coverage (continued)
The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against:
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Y Fire or Lightning
Y Hurricane
N Flood (Including storm surge)
Y Windstorm or Hail (other than hurricane)
Y Explosion
Y Riot or Civil Commotion
Y Aircraft
Y Vehicles
Y Smoke
Y Vandalism or Malicious Mischief
Y Theft
Y Falling Objects
Y Weight of Ice, Snow or Sleet
Y Accidental Discharge or Overflow of Water or Steam
Y Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging
Y Freezing
Y Sudden and Accidental Damage from Artificially Generated Electrical Current
Y Volcanic Eruption
Y Sinkhole
N Any Other Peril Not Specifically Excluded (dwelling and other structures only)
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Loss Of Use Coverage
Coverage Limit of Insurance Time Limit
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Y Additional Living Expense
Y Fair Rental Value
Y Civil Authority Prohibits Use (no more than two weeks)
Property - Additional/Other Coverages
Amount of insurance is an additional amount of
(Items below marked Y (Yes) indicate coverage IS
coverage or is included within the policy limit.
included, those marked N (No) indicate coverage is NOT
included)
Limit of Insurance Included Additional
Y Debris Removal
Y Reasonable Repairs
Y Property Removed
Credit Card, Electronic Fund Transfer Card, or
Y Access Device, Forgery and Counterfeit Money up to $500 included N/A
Y Loss Assessment up to $1,000 included N/A
Y Collapse
Y Glass or Safety Glazing Material
Y Landlord's Furnishings up to $1,000 included N/A
N Law and Ordinance
N Grave Markers
Y Mold, Fungi, Wet or Dry Rot, or Bacteria - property $10,000.00 $10,000
OIR-B1-1670 (1-1-06) Page 2 of 3
Checklist of Coverage (continued)
Discounts
(Items below marked Y (Yes) indicate discount IS applied, those marked N Dollar ($) Amount of Discount
(No) indicate discount is NOT applied)
N Multiple Policy
Y Fire Alarm / Smoke Alarm / Burglar Alarm ($45.00)
N Sprinkler
Windstorm Loss Reduction
N Building Code Effectiveness Grading Schedule
N Other
Insurer May Insert Any Other Property Coverage Below
(Items below marked Y (Yes) indicate coverage IS Loss Settlement Basis:
included, those marked N (No) indicate coverage is Limit of Insurance (i.e.: Replacement Cost, Actual Cash Value, Stated
NOT included) Value, etc.
N
Personal Liability Coverage
Limit of Insurance $ 100,000.00
Medical Payments to Others Coverage
Limit of Insurance $ 1,000.00
Liability - Additional/Other Coverages
(Items below marked Y (Yes) indicate coverage IS Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT Limit of Insurance coverage or is included within the policy limit.
included)
Included Additional
Y Claim Expenses included
Y First Aid Expenses included
Y Damage To Property Of Others up to $500 included N/A
Y Loss Assessment up to $1,000 included N/A
Insurer May Insert Any Other Liability Coverage Below
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is
NOT included) Limit of Insurance
Y Fungi, Wet or Dry Rot, or Bacteria - liability $50,000 OCC/AGG
OIR-B1-1670 (1-1-06) Page 3 of 3
COMPREHENSIVE HOMEOWNERS FORM
AGREEMENT
We will provide the insurance described in this policy in return for the premium and compliance with all applicable
provisions of this policy.
DEFINITIONS
In this policy, "you" and "your" refer to the "named in- b. The part of other premises, other structures and
sured" shown in the Declarations and the spouse if a grounds used by you as a residence and:
resident of the same household. "We," "us" and "our" (1) Which is shown in the Declarations; or
refer to the Company providing this insurance. In ad-
dition, certain words and phrases are defined as fol- (2) Which is acquired by you during the policy pe-
lows: riod for your use as a residence;
1. "Bodily injury" means bodily harm, sickness or c. Any premises used by you in connection with a
disease, including required care, loss of services premises in 4.a. and 4.b. above;
and death that results.
d. Any part of a premises:
2. "Business" includes trade, profession or occupa-
tion. (1) Not owned by an "insured"; and
3. "Insured" means you and residents of your house- (2) Where an "insured" is temporarily residing;
hold who are:
e. Vacant land, other than farm land, owned by
a. Your relatives; or or rented to an “insured”;
b. Other persons under the age of 21 and in the f. Land owned by or rented to an "insured" on
care of any person named above. which a one or two family dwelling is being built
as a residence for an "insured";
Under Section II, "insured" also means:
g. Individual or family cemetery plots or burial
c. With respect to animals or watercraft to which vaults of an "insured"; or
this policy applies, any person or organization
legally responsible for these animals or water- h. Any part of a premises occasionally rented to
craft which are owned by you or any person in- an "insured" for other than "business" use.
cluded in 3.a. or 3.b. above. A person or organ-
ization using or having custody of these animals 5. "Occurrence" means an accident, including con-
or watercraft in the course of any "business" or tinuous or repeated exposure to substantially the
without consent of the owner is not an "insured"; same general harmful conditions, which results,
during the policy period, in:
d. With respect to any vehicle to which this policy
applies: a. "Bodily injury"; or
(1) Persons while engaged in your employ or b. "Property damage."
that of any person included in 3.a. or 3.b. 6. "Property damage" means physical injury to, de-
above; or struction of, or loss of use of tangible property.
(2) Other persons using the vehicle on an "in- 7. "Residence employee" means:
sured location" with your consent.
a. An employee of an "insured" whose duties are
4. "Insured location" means: related to the maintenance or use of the "resi-
a. The "residence premises"; dence premises," including household or do-
mestic services; or
b. One who performs similar duties elsewhere not
related to the "business" of an "insured."
Page 1 of 31 Contains material copyrighted by Insurance Services Office MHO CF 00 2A 12 17
__________________________________________________________________________________________
DEFINITIONS (continued)
__________________________________________________________________________________________
8. "Residence premises" means the mobilehome and (3) “Structural damage” to the covered building, in-
other structures located on land owned or leased by cluding the foundation; and
you where you reside and which is shown as the
“residence premises” in the Declarations. (4) The insured structure being condemned and or-
dered to be vacated by the governmental
9. “Add-on” structures are all of those structures (ex- agency authorized by law to issue such an or-
cept skirting, steps and railings) attached to the mo- der for that structure.
bilehome that do not meet all of the following crite-
ria: 11. “Vacant” means the dwelling lacks the necessary
a. Are weathertight and suitable for year round oc- amenities, adequate furnishings, or utilities and
cupancy. service to permit occupancy of the dwelling as a
b. Are serviced with the same heating and air con- residence.
ditioning as the rest of the mobilehome. 12. “Hovercraft” means a self-propelled motorized
c. Are subject to the mobilehome title requirements ground effect vehicle and includes, but is not lim-
of the state of Florida. ited to, flarecraft and air cushion vehicles.
d. The floor is at the same level as the kitchen and 13. “Aircraft” means any contrivance used or de-
bathroom(s). signed for flight including drones. We do cover
10. “Catastrophic Ground Cover Collapse" means model or hobby “aircraft” not used or designed to
carry people or cargo.
geological activity that results in all of the following:
(1) The abrupt collapse of the ground cover;
(2) A depression in the ground cover clearly visible
to the naked eye;
SECTION I – PROPERTY COVERAGES
COVERAGE A – Dwelling a. All attached structures will be considered
“add-on” unless they meet all of the follow-
We cover: ing criteria:
1. Direct, sudden and accidental loss of, the mo- (1) Are weathertight and suitable for year
bilehome on the “residence premises” shown in the round occupancy.
Declarations used principally as a private resi-
dence, including the following and similar type (2) Are serviced with the same heating and
items installed on a permanent basis; floor cover- air conditioning as the rest of the mo-
ings, appliances, dressers, cabinets, skirting, bilehome
steps and railings. “Add-on” structures attached to (3) Are subject to the mobilehome title re-
the mobilehome such as awnings, screen rooms, quirements of the state of Florida.
utility rooms, attached sheds, and carports are not
considered part of the “dwelling” and are not cov- (4) The floor is at the same level as the
ered under this policy unless they are specified on kitchen and bathroom(s).
the declarations page and an additional premium
is paid. This coverage does not apply while the dwelling is in
transit. Coverage also does not apply while the dwell-
ing is used exclusively in business, professional or
illegal activity.
Page 2 of 31 Contains material copyrighted by Insurance Services Office MHO CF 00 2A 12 17
2. Materials and supplies located on or next to the Special Limits of Liability. These limits do not in-
"residence premises" used to construct, alter or re- crease the Coverage C limit of liability. The special
pair the mobilehome or other structures on the limit for each numbered category below is the total
"residence premises." limit for each loss for all property in that category.
This coverage does not apply to land, including land 1. $100 on money, bank notes, bullion, gold other
on which the dwelling is located. than goldware, silver other than silverware, plati-
num, coins and medals.
COVERAGE B – Other Structures
2. $500 on securities, accounts, deeds, evidences of
There is no coverage under Coverage B - Other Struc- debt, letters of credit, notes other than bank notes,
tures unless an additional premium is paid, and that manuscripts, personal records, passports, tickets
premium is reflected in the Declarations Page(s). and stamps. This dollar limit applies to these cate-
If, and only if, a separate premium is shown in the dec- gories regardless of the medium (such as paper or
larations, we cover other structures on the "residence computer software) on which the material exists.
premises" set apart from the dwelling by clear space. This limit includes the cost to research, replace or
This includes structures connected to the dwelling by restore the information from the lost or damaged
only a fence, utility line, or similar connection. material.
This coverage does not apply to land, including land 3. $500 on watercraft, including their trailers, furnish-
on which the other structures are located. ings, equipment and outboard engines or motors.
We do not cover other structures: 4. $500 on trailers not used with watercraft.
1. Used in whole or in part for "business"; or 5. $500 for loss by theft of jewelry, watches, furs, pre-
2. Rented or held for rental to any person not a tenant cious and semi-precious stones.
of the dwelling, unless used solely as a private gar- 6. $500 for loss by theft of firearms.
age.
7. $1000 for loss by theft of silverware, silver-plated
The limit of liability for this coverage will not be more ware, goldware, gold-plated ware and pewterware.
than 10% of the limit of liability that applies to Cover- This includes flatware, hollowware, tea sets, trays
age A. However, if 10% of the Coverage A limit of and trophies made of or including silver, gold or
Liability is less than $2000, we will provide a minimum pewter.
limit of liability of $2000 for this coverage. Use of this
coverage does not reduce the Coverage A limit of lia- 8. $1000 on property, on the "residence premises,"
bility. used at any time or in any manner for any "busi-
ness" purpose.
9. $250 on property, away from the "residence prem-
COVERAGE C – Personal Property ises," used at any time or in any manner for any
We cover personal property owned or used by an "in- "business" purpose. However, this limit does not
sured" while it is anywhere in the world. At your re- apply to loss to adaptable electronic apparatus as
quest, we will cover personal property owned by: described in Special Limits 10. and 11. below.
1. Others while the property is on the part of the "res- 10.$1000 for loss to electronic apparatus, while in or
idence premises" occupied by an "insured"; upon a motor vehicle or other motorized land con-
veyance, if the electronic apparatus is equipped to
2. A guest or a "residence employee," while the prop- be operated by power from the electrical system of
erty is in any residence occupied by an "insured." the vehicle or conveyance while retaining its capa-
bility of being operated by other sources of power.
Our limit of liability for personal property usually lo- Electronic apparatus includes:
cated at an "insured's" residence, other than the "res-
idence premises," is 10% of the limit of liability for a. Accessories or antennas; or
Coverage C, or $1000, whichever is greater. Personal
property in a newly acquired principal residence is not b. Tapes, wires, records, discs or other media;
subject to this limitation for the 30 days from the time for use with any electronic apparatus.
you begin to move the property there.
11.$1000 for loss to electronic apparatus, while not in
or upon a motor vehicle or other motorized land
conveyance, if the electronic apparatus:
Page 3 of 31 Contains material copyrighted by Insurance Services Office MHO CF 00 2A 12 17
a. Is equipped to be operated by power from the 7. Property rented or held for rental to others off the
electrical system of the vehicle or conveyance "residence premises";
while retaining its capability of being operated
by other sources of power; 8. "Business" data, including such data stored in:
b. Is away from the "residence premises"; and a. Books of account, drawings or other paper rec-
ords; or
c. Is used at any time or in any manner for any
"business" purpose. b. Electronic data processing tapes, wires, rec-
ords, discs or other software media;
Electronic apparatus includes:
However, we do cover the cost of blank recording
a. Accessories and antennas; or or storage media, and of pre-recorded computer
programs available on the retail market; or
b. Tapes, wires, records, discs or other media;
9. Credit cards or fund transfer cards except as pro-
for use with any electronic apparatus. vided in Additional Coverages 6.
12. $500 for lawn and agricultural equipment. 10. “Hovercraft” and parts.
Property Not Covered. We do not cover: COVERAGE D – Loss of Use
1. Articles separately described and specifically in- The limit of liability for Coverage D is the total limit for
sured in this or other insurance; all the coverages that follow.
2. Animals, birds or fish; 1. If a loss covered under this Section makes that part
3. Motor vehicles or all other motorized land convey- of the "residence premises" where you reside not
ances. This includes: fit to live in, we cover, at your choice, either of the
following. However, if the "residence premises" is
a. Their equipment and accessories; or not your principal place of residence, we will not
provide the option under paragraph b. below, and
b. Electronic apparatus that is designed to be op- coverage under a. below will be limited to two
erated solely by use of the power from the elec- weeks.
trical system of motor vehicles or all other mo-
torized land conveyances. Electronic apparatus a. Additional Living Expense, meaning any nec-
includes: essary increase in living expenses incurred by
you so that your household can maintain its nor-
(1) Accessories or antennas; or mal standard of living; or
(2) Tapes, wires, records, discs or other media; b. Fair Rental Value, meaning the fair rental
value of that part of the "residence premises"
for use with any electronic apparatus. where you reside less any expenses that do not
The exclusion of property described in 3.a. and continue while the premises is not fit to live in.
3.b. above applies only while the property is in Payment under a. or b. will be for the shortest time
or upon the vehicle or conveyance. required to repair or replace the damage or, if you
We do cover vehicles or conveyances not subject permanently relocate, the shortest time required
to motor vehicle registration which are: for your household to settle elsewhere.
a. Used to service an "insured's" residence; or 2. If a loss covered under this Section makes that part
of the "residence premises" rented to others or
b. Designed for assisting the handicapped; held for rental by you not fit to live in, we cover the:
4. “Aircraft” and parts. Fair Rental Value, meaning the fair rental
value of that part of the "residence premises"
5. Property of roomers, boarders and other tenants, rented to others or held for rental by you less
except property of roomers and boarders related to any expenses that do not continue while the
an "insured"; premises is not fit to live in.
6. Property in an apartment regularly rented or held Payment will be for the shortest time required to
for rental to others by an "insured," except as pro- repair or replace that part of the premises
vided in Additional Coverages 10.; rented or held for rental.
Page 4 of 31 Contains material copyrighted by Insurance Services Office MHO CF 00 2A 12 17
3. If a civil authority prohibits you from use of the "res- b. We will not pay more than the amount in a.
idence premises" as a result of direct damage to above, unless we provide you or your as-
neighboring premises by a Peril Insured Against in signee approval within 48 hour
Preview
Filing # 143585624 E-Filed 02/09/2022 11:55:35 AM IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: AWILDA ACEVEDO, JIMMY ACEVEDO, AND ROZAIDA HERNANDEZ Plaintiffs, vs. AMERICAN TRADITIONS INSURANCE COMPANY Defendant, ___________________________________/ COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiffs, AWILDA ACEVEDO, JIMMY ACEVEDO, AND ROZAIDA HERNANDEZ (hereinafter referred to as the “Insured”), by and through undersigned counsel, file this Complaint for Damages and Demand for Jury Trial against Defendant, AMERICAN TRADITIONS INSURANCE COMPANY (hereinafter referred to as “AMERICAN TRADITIONS”), stating as follows: PARTIES, JURISDICTION AND VENUE 1. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00) exclusive of interest, attorney’s fees and costs. GREENBERG RAMON-ALONSO & URBANO ∙ 11440 N. KENDALL DRIVE ∙ PENTHOUSE 400 ∙ MIAMI, FLORIDA 33176 TEL: 305.595.2400 ∙ FAX: 305.595.5105 ∙ WWW.SGGLAW.COM 2. At all times material hereto, the Insured was and is a resident of Osceola County, Florida and is otherwise sui juris. 3. At all times material hereto, the Insured owned the property located at 1801 Jersey Avenue, Saint Cloud, FL 34769, in Osceola County, Florida (hereinafter referred to as the “Property”). 4. At all times material hereto, AMERICAN TRADITIONS was and is a licensed insurer in the State of Florida authorized to transact insurance business and issuing insurance to homeowners such as the Insured in Osceola County, Florida. 5. Jurisdiction and venue are proper in Osceola County, Florida because the Contract, which forms the subject matter of this lawsuit, was executed in Osceola County, Florida and the Property, which forms the subject matter of this lawsuit, is located in Osceola County, Florida. 6. All conditions precedent to the initiation and prosecution of this lawsuit have been performed or have occurred. GENERAL ALLEGATIONS 7. This is an action for damages for breach of an insurance contract arising from a claim for insurance proceeds. 8. At all times material hereto, in consideration of premiums paid by the Insured, there was in full force and effect a certain homeowners’ insurance policy issued by AMERICAN TRADITIONS, under Policy Number ATM221714 (hereinafter referred to as the “Policy”). GREENBERG RAMON-ALONSO & URBANO ∙ 11440 N. KENDALL DRIVE ∙ PENTHOUSE 400 ∙ MIAMI, FLORIDA 33176 TEL: 305.595.2400 ∙ FAX: 305.595.5105 ∙ WWW.SGGLAW.COM 9. The Policy is a written insurance contract. It is an “all risk” Policy which provides for repair or replacement of physical damage to the Property on a replacement cost basis with like kind and quality material and workmanship. A copy of said Policy is attached hereto and incorporated herein as Plaintiff’s Exhibit “A”. 10. Accordingly, under the terms of the Policy, AMERICAN TRADITIONS agreed to provide insurance coverage to the Insured’s Property against certain losses. 11. On or about May 31, 2021, while the Policy was in full force and effect, the Property sustained a covered loss as a result of a bathroom leak which caused extensive damage to the Property (the “Loss”). 12. Defendant, AMERICAN TRADITIONS, assigned Claim Number AM130449 to the Loss. 13. Under the terms of the Policy Defendant, AMERICAN TRADITIONS is liable to the Insured for the total amount (within the Policy Limits) of the Loss. 14. The Insured timely notified Defendant, AMERICAN TRADITIONS, of the Loss and otherwise performed all conditions precedent to entitle the Insured to coverage and benefits under the subject Policy of insurance. 15. The Insured timely undertook all reasonably necessary actions to mitigate the damages. 16. Defendant, AMERICAN TRADITIONS, through its agents and/or employees, investigated the Loss suffered by the Insured. 17. Defendant, AMERICAN TRADITIONS, has failed to pay the total amount of the damages of the covered loss. GREENBERG RAMON-ALONSO & URBANO ∙ 11440 N. KENDALL DRIVE ∙ PENTHOUSE 400 ∙ MIAMI, FLORIDA 33176 TEL: 305.595.2400 ∙ FAX: 305.595.5105 ∙ WWW.SGGLAW.COM COUNT I BREACH OF CONTRACT FOR COVERED DAMAGES Paragraphs 1-17 of this Complaint are restated and incorporated herein. 18. The Policy constitutes a written insurance Contract. 19. The subject Policy of insurance provides coverage for direct physical loss from a covered peril to the Insured’s home, sufficient to repair said damages and place the Insured’s home in the same condition it was prior to the loss. 20. That the Insured sustained unpaid damages that are covered losses under the Defendant’s Policy of insurance. 21. Despite the Insured’s demand that AMERICAN TRADITIONS honor its contractual obligation and pay for all the covered damages to the home, AMERICAN TRADITIONS has failed to extend the necessary benefits to repair the covered damages to Insured’s home. 22. AMERICAN TRADITIONS has failed to compensate the Insured for all of the covered damages incurred, to sufficiently restore the damaged home to the same condition prior to the damage occurring. 23. By failing to pay for all of the Insured’s covered damages, AMERICAN TRADITIONS has breached the Contract of insurance. 24. As a direct result of AMERICAN TRADITIONS’s breach of the insurance Contract, the Insured has suffered damages and continues to suffer such damages and Loss. 25. As a further result of AMERICAN TRADITIONS’s breach of the insurance Contract, it has become necessary for the Insured to incur and become obligated to pay attorney’s GREENBERG RAMON-ALONSO & URBANO ∙ 11440 N. KENDALL DRIVE ∙ PENTHOUSE 400 ∙ MIAMI, FLORIDA 33176 TEL: 305.595.2400 ∙ FAX: 305.595.5105 ∙ WWW.SGGLAW.COM fees and costs in connection with the initiation and prosecution of this Complaint including appellate attorney’s fees and costs if necessary. WHEREFORE, Plaintiffs, AWILDA ACEVEDO, JIMMY ACEVEDO, AND ROZAIDA HERNANDEZ, respectfully request the Court enter a Final Judgment in their favor and against Defendant, AMERICAN TRADITIONS INSURANCE COMPANY, for the full amount of the covered damages as well as awarding the Plaintiffs, AWILDA ACEVEDO, JIMMY ACEVEDO, AND ROZAIDA HERNANDEZ, prejudgment and post-judgment interest, attorney’s fees, costs, and any other relief this Honorable Court may deem just and proper. DEMAND FOR JURY TRIAL Plaintiffs, AWILDA ACEVEDO, JIMMY ACEVEDO, AND ROZAIDA HERNANDEZ, demand a jury trial on all issues so triable. Respectfully submitted this 9th day of February, 2022. GREENBERG RAMON-ALONSO & URBANO Counsel for Plaintiff 11440 North Kendall Drive Penthouse 400 Miami, FL 33176 Telephone: (305) 595-2400 Facsimile: (305) 595-5105 By: /S/ Dennis N. Urbano__________ DENNIS N. URBANO Florida Bar No.: 221872 durbano@sgglaw.com mail@sgglaw.com GREENBERG RAMON-ALONSO & URBANO ∙ 11440 N. KENDALL DRIVE ∙ PENTHOUSE 400 ∙ MIAMI, FLORIDA 33176 TEL: 305.595.2400 ∙ FAX: 305.595.5105 ∙ WWW.SGGLAW.COM AMERICAN TRADITIONS INSURANCE COMPANY T.J. JERGER MGA, LLC 7785 66th St. N. Mobile Homeowners Declarations Page Pinellas Park, FL 33781 Agent Name and Augustyniak Insurance Group Inc If you have any questions regarding this policy which Address: 12058 San Jose Blvd your agent is unable to answer please contact us at Suite 304 866-561-3433. Jacksonville, FL 32223 Agent Phone #: (904)268-3106 Agency Code: AF2488 Policy Number: ATM221714 Insuring Company: American Traditions Insurance Company Named Insured: Awilda Acevedo and Jimmy P.O. Box 2800 Mailing Address: 1801 Jersey Ave Pinellas Park, FL 33780 Saint Cloud, FL 34769 Mortgagee(s) #1: #2: Effective Dates: From: 8/11/2020 12:01am To: 8/11/2021 12:01am Effective date of this transaction: 08/11/2020 12:01am Activity: New Business Addl Insured: Insured Location: 1801 Jersey Ave Park Name: Saint Cloud, FL 34769 Unit Description: Year: 1996 Make: Nobility Serial #: UNKN000 Length: 50 Width: 24 Coverage at the residence premises is provided only where a limit of liability is shown or a premium is stated. Coverages and Coverage Section Limits Non-Hurricane Hurricane Total 88,000 $785.00 $119.00 $904.00 Premiums: A. Dwelling B. Other Structures C. Personal Property 26,400 Included D. Loss of Use 17,600 Included E. Personal Liability 100,000 $19.00 $19.00 F. Medical Payments to Others 1,000 $2.00 $2.00 Policy Fee $25.00 Emergency Management Preparedness and $2.00 Assistance Trust Fund Fee Premium -$38.00 $46.00 $8.00 Adjustments: Total Policy Premium $960.00 Non-Hurricane Premium: $795.00 Hurricane Premium: $165.00 Deductible: All Other Perils: $1,000 Hurricane Deductible: $1,760 / 2% Special Messages: THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. Reminder: If your policy contains replacement cost on dwelling, the amount of coverage will not exceed the stated policy value. 08/11/2020 Krista A. Cioffi Date Countersignature Page 1 of 2 ATIC MHO DEC 01 19 Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony in the third degree. Forms ATIC Jkt 01 09 WP 04 03 07 00 ATIC MHO Sinkhole 05 16 HO 04 90 04 91 ATIC MHO DEC 01 19 WP 03 02 07 00 MLD 364 10 16 ID Theft 04 17 and OIR B1 1670 INDEX1205 ATIC Privacy 05 15 Endorsements: MHO CF 00 2A 12 17 ATIC MHO COMPOutline0119 NOASA - A 07 15 MHAE 03 03 12 16 WP 09 DN 01 06 HO 03 51 05 05 WP 276 01 06 MLD 362 10 16 ATIC 23 74 06 17 Pay Plan: Number of Payments: 1 Bill to: Insured Rating Program: PP Information: Territory: 001 Year Constructed: 1996 Scheduled Property: Description: Limit: Premium Coverage Section Length Width Limits Non-Hurricane Hurricane Total Adjustments: ANSI/ASCE 7-88 Standard -$71.00 -$11.00 -$82.00 Catastrophe Charge 88000 $55.00 $55.00 Electronic Policy Distribution Discount -$10.00 -$10.00 Fire Extinguisher/Smoke Alarm -$39.00 -$6.00 -$45.00 Identity Theft $30.00 $30.00 Limited Fungi/Rot/Bacteria 10000 Included Membership in AARP, AAA, or FMHO -$39.00 -$6.00 -$45.00 Replacement Cost Dwelling $12.00 $2.00 $14.00 Replacement Personal Effects $79.00 $12.00 $91.00 FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S 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. Page 2 of 2 ATIC MHO DEC 01 19 Advanced, Trustworthy, Intuitive, Caring MOBILE HOMEOWNERS POLICY Underwriting Service Provided By: TJ Jerger MGA, LLC 7785 66th Street Pinellas Park, FL 33781 TO REPORT A CLAIM, PLEASE CALL 866-270-8430 ATIC Jkt 01 09 ********IMPORTANT NOTICE******** THIS POLICY DOES NOT INCLUDE INSURANCE PROTECTION AGAINST FLO OD LOSSES THIS COVERAGE IS AVA ILABLE THROUGH AGENTS WHO WRITE FLOOD INSURANCE IF YOU SHOULD HAVE A NY QUESTIONS REGARDING THIS COVERAGE PLEASE CONTACT YOUR AGENT This policy is issued on behalf of American Traditions Insurance Company and by acceptance of this policy you agree: 1. That the statements in the declarations are your representations, 2. That this policy is issued in reliance upon the truth of those representations and 3. That this policy embodies all agreements existing between you and American Traditions Insurance Company or any of our Producers relating to this policy. IN WITNESS WHEREOF, the comp any has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the company. ___________________ ____________________ Raymond M. Blacklidge T. John Jerger, Jr. Secretary President American Traditions Insurance Company ATIC Jkt 01 09 Checklist of Coverage ATM221714 Policy Type: Comprehensive MH PP The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of the checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wall and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services' Helpline at (800) 342-2762 or www.fldfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limit of Insurance: $88,000.00 Loss Settlement Basis: $ See Policy (i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.) Other Structures Coverage (Detached from Dwelling) Limit of Insurance: Loss Settlement Basis: $ (i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.) Personal Property Coverage Limit of Insurance: $26,400.00 Loss Settlement Basis: $ See Policy (i.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.) Deductibles Annual Hurricane: $1,760.00 All Perils (Other Than Hurricane): $ $1,000.00 OIR-B1-1670 (1-1-06) Page 1 of 3 Checklist of Coverage (continued) The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against: (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Y Fire or Lightning Y Hurricane N Flood (Including storm surge) Y Windstorm or Hail (other than hurricane) Y Explosion Y Riot or Civil Commotion Y Aircraft Y Vehicles Y Smoke Y Vandalism or Malicious Mischief Y Theft Y Falling Objects Y Weight of Ice, Snow or Sleet Y Accidental Discharge or Overflow of Water or Steam Y Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging Y Freezing Y Sudden and Accidental Damage from Artificially Generated Electrical Current Y Volcanic Eruption Y Sinkhole N Any Other Peril Not Specifically Excluded (dwelling and other structures only) Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. Loss Of Use Coverage Coverage Limit of Insurance Time Limit (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Y Additional Living Expense Y Fair Rental Value Y Civil Authority Prohibits Use (no more than two weeks) Property - Additional/Other Coverages Amount of insurance is an additional amount of (Items below marked Y (Yes) indicate coverage IS coverage or is included within the policy limit. included, those marked N (No) indicate coverage is NOT included) Limit of Insurance Included Additional Y Debris Removal Y Reasonable Repairs Y Property Removed Credit Card, Electronic Fund Transfer Card, or Y Access Device, Forgery and Counterfeit Money up to $500 included N/A Y Loss Assessment up to $1,000 included N/A Y Collapse Y Glass or Safety Glazing Material Y Landlord's Furnishings up to $1,000 included N/A N Law and Ordinance N Grave Markers Y Mold, Fungi, Wet or Dry Rot, or Bacteria - property $10,000.00 $10,000 OIR-B1-1670 (1-1-06) Page 2 of 3 Checklist of Coverage (continued) Discounts (Items below marked Y (Yes) indicate discount IS applied, those marked N Dollar ($) Amount of Discount (No) indicate discount is NOT applied) N Multiple Policy Y Fire Alarm / Smoke Alarm / Burglar Alarm ($45.00) N Sprinkler Windstorm Loss Reduction N Building Code Effectiveness Grading Schedule N Other Insurer May Insert Any Other Property Coverage Below (Items below marked Y (Yes) indicate coverage IS Loss Settlement Basis: included, those marked N (No) indicate coverage is Limit of Insurance (i.e.: Replacement Cost, Actual Cash Value, Stated NOT included) Value, etc. N Personal Liability Coverage Limit of Insurance $ 100,000.00 Medical Payments to Others Coverage Limit of Insurance $ 1,000.00 Liability - Additional/Other Coverages (Items below marked Y (Yes) indicate coverage IS Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is NOT Limit of Insurance coverage or is included within the policy limit. included) Included Additional Y Claim Expenses included Y First Aid Expenses included Y Damage To Property Of Others up to $500 included N/A Y Loss Assessment up to $1,000 included N/A Insurer May Insert Any Other Liability Coverage Below (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Limit of Insurance Y Fungi, Wet or Dry Rot, or Bacteria - liability $50,000 OCC/AGG OIR-B1-1670 (1-1-06) Page 3 of 3 COMPREHENSIVE HOMEOWNERS FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS In this policy, "you" and "your" refer to the "named in- b. The part of other premises, other structures and sured" shown in the Declarations and the spouse if a grounds used by you as a residence and: resident of the same household. "We," "us" and "our" (1) Which is shown in the Declarations; or refer to the Company providing this insurance. In ad- dition, certain words and phrases are defined as fol- (2) Which is acquired by you during the policy pe- lows: riod for your use as a residence; 1. "Bodily injury" means bodily harm, sickness or c. Any premises used by you in connection with a disease, including required care, loss of services premises in 4.a. and 4.b. above; and death that results. d. Any part of a premises: 2. "Business" includes trade, profession or occupa- tion. (1) Not owned by an "insured"; and 3. "Insured" means you and residents of your house- (2) Where an "insured" is temporarily residing; hold who are: e. Vacant land, other than farm land, owned by a. Your relatives; or or rented to an “insured”; b. Other persons under the age of 21 and in the f. Land owned by or rented to an "insured" on care of any person named above. which a one or two family dwelling is being built as a residence for an "insured"; Under Section II, "insured" also means: g. Individual or family cemetery plots or burial c. With respect to animals or watercraft to which vaults of an "insured"; or this policy applies, any person or organization legally responsible for these animals or water- h. Any part of a premises occasionally rented to craft which are owned by you or any person in- an "insured" for other than "business" use. cluded in 3.a. or 3.b. above. A person or organ- ization using or having custody of these animals 5. "Occurrence" means an accident, including con- or watercraft in the course of any "business" or tinuous or repeated exposure to substantially the without consent of the owner is not an "insured"; same general harmful conditions, which results, during the policy period, in: d. With respect to any vehicle to which this policy applies: a. "Bodily injury"; or (1) Persons while engaged in your employ or b. "Property damage." that of any person included in 3.a. or 3.b. 6. "Property damage" means physical injury to, de- above; or struction of, or loss of use of tangible property. (2) Other persons using the vehicle on an "in- 7. "Residence employee" means: sured location" with your consent. a. An employee of an "insured" whose duties are 4. "Insured location" means: related to the maintenance or use of the "resi- a. The "residence premises"; dence premises," including household or do- mestic services; or b. One who performs similar duties elsewhere not related to the "business" of an "insured." Page 1 of 31 Contains material copyrighted by Insurance Services Office MHO CF 00 2A 12 17 __________________________________________________________________________________________ DEFINITIONS (continued) __________________________________________________________________________________________ 8. "Residence premises" means the mobilehome and (3) “Structural damage” to the covered building, in- other structures located on land owned or leased by cluding the foundation; and you where you reside and which is shown as the “residence premises” in the Declarations. (4) The insured structure being condemned and or- dered to be vacated by the governmental 9. “Add-on” structures are all of those structures (ex- agency authorized by law to issue such an or- cept skirting, steps and railings) attached to the mo- der for that structure. bilehome that do not meet all of the following crite- ria: 11. “Vacant” means the dwelling lacks the necessary a. Are weathertight and suitable for year round oc- amenities, adequate furnishings, or utilities and cupancy. service to permit occupancy of the dwelling as a b. Are serviced with the same heating and air con- residence. ditioning as the rest of the mobilehome. 12. “Hovercraft” means a self-propelled motorized c. Are subject to the mobilehome title requirements ground effect vehicle and includes, but is not lim- of the state of Florida. ited to, flarecraft and air cushion vehicles. d. The floor is at the same level as the kitchen and 13. “Aircraft” means any contrivance used or de- bathroom(s). signed for flight including drones. We do cover 10. “Catastrophic Ground Cover Collapse" means model or hobby “aircraft” not used or designed to carry people or cargo. geological activity that results in all of the following: (1) The abrupt collapse of the ground cover; (2) A depression in the ground cover clearly visible to the naked eye; SECTION I – PROPERTY COVERAGES COVERAGE A – Dwelling a. All attached structures will be considered “add-on” unless they meet all of the follow- We cover: ing criteria: 1. Direct, sudden and accidental loss of, the mo- (1) Are weathertight and suitable for year bilehome on the “residence premises” shown in the round occupancy. Declarations used principally as a private resi- dence, including the following and similar type (2) Are serviced with the same heating and items installed on a permanent basis; floor cover- air conditioning as the rest of the mo- ings, appliances, dressers, cabinets, skirting, bilehome steps and railings. “Add-on” structures attached to (3) Are subject to the mobilehome title re- the mobilehome such as awnings, screen rooms, quirements of the state of Florida. utility rooms, attached sheds, and carports are not considered part of the “dwelling” and are not cov- (4) The floor is at the same level as the ered under this policy unless they are specified on kitchen and bathroom(s). the declarations page and an additional premium is paid. This coverage does not apply while the dwelling is in transit. Coverage also does not apply while the dwell- ing is used exclusively in business, professional or illegal activity. Page 2 of 31 Contains material copyrighted by Insurance Services Office MHO CF 00 2A 12 17 2. Materials and supplies located on or next to the Special Limits of Liability. These limits do not in- "residence premises" used to construct, alter or re- crease the Coverage C limit of liability. The special pair the mobilehome or other structures on the limit for each numbered category below is the total "residence premises." limit for each loss for all property in that category. This coverage does not apply to land, including land 1. $100 on money, bank notes, bullion, gold other on which the dwelling is located. than goldware, silver other than silverware, plati- num, coins and medals. COVERAGE B – Other Structures 2. $500 on securities, accounts, deeds, evidences of There is no coverage under Coverage B - Other Struc- debt, letters of credit, notes other than bank notes, tures unless an additional premium is paid, and that manuscripts, personal records, passports, tickets premium is reflected in the Declarations Page(s). and stamps. This dollar limit applies to these cate- If, and only if, a separate premium is shown in the dec- gories regardless of the medium (such as paper or larations, we cover other structures on the "residence computer software) on which the material exists. premises" set apart from the dwelling by clear space. This limit includes the cost to research, replace or This includes structures connected to the dwelling by restore the information from the lost or damaged only a fence, utility line, or similar connection. material. This coverage does not apply to land, including land 3. $500 on watercraft, including their trailers, furnish- on which the other structures are located. ings, equipment and outboard engines or motors. We do not cover other structures: 4. $500 on trailers not used with watercraft. 1. Used in whole or in part for "business"; or 5. $500 for loss by theft of jewelry, watches, furs, pre- 2. Rented or held for rental to any person not a tenant cious and semi-precious stones. of the dwelling, unless used solely as a private gar- 6. $500 for loss by theft of firearms. age. 7. $1000 for loss by theft of silverware, silver-plated The limit of liability for this coverage will not be more ware, goldware, gold-plated ware and pewterware. than 10% of the limit of liability that applies to Cover- This includes flatware, hollowware, tea sets, trays age A. However, if 10% of the Coverage A limit of and trophies made of or including silver, gold or Liability is less than $2000, we will provide a minimum pewter. limit of liability of $2000 for this coverage. Use of this coverage does not reduce the Coverage A limit of lia- 8. $1000 on property, on the "residence premises," bility. used at any time or in any manner for any "busi- ness" purpose. 9. $250 on property, away from the "residence prem- COVERAGE C – Personal Property ises," used at any time or in any manner for any We cover personal property owned or used by an "in- "business" purpose. However, this limit does not sured" while it is anywhere in the world. At your re- apply to loss to adaptable electronic apparatus as quest, we will cover personal property owned by: described in Special Limits 10. and 11. below. 1. Others while the property is on the part of the "res- 10.$1000 for loss to electronic apparatus, while in or idence premises" occupied by an "insured"; upon a motor vehicle or other motorized land con- veyance, if the electronic apparatus is equipped to 2. A guest or a "residence employee," while the prop- be operated by power from the electrical system of erty is in any residence occupied by an "insured." the vehicle or conveyance while retaining its capa- bility of being operated by other sources of power. Our limit of liability for personal property usually lo- Electronic apparatus includes: cated at an "insured's" residence, other than the "res- idence premises," is 10% of the limit of liability for a. Accessories or antennas; or Coverage C, or $1000, whichever is greater. Personal property in a newly acquired principal residence is not b. Tapes, wires, records, discs or other media; subject to this limitation for the 30 days from the time for use with any electronic apparatus. you begin to move the property there. 11.$1000 for loss to electronic apparatus, while not in or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus: Page 3 of 31 Contains material copyrighted by Insurance Services Office MHO CF 00 2A 12 17 a. Is equipped to be operated by power from the 7. Property rented or held for rental to others off the electrical system of the vehicle or conveyance "residence premises"; while retaining its capability of being operated by other sources of power; 8. "Business" data, including such data stored in: b. Is away from the "residence premises"; and a. Books of account, drawings or other paper rec- ords; or c. Is used at any time or in any manner for any "business" purpose. b. Electronic data processing tapes, wires, rec- ords, discs or other software media; Electronic apparatus includes: However, we do cover the cost of blank recording a. Accessories and antennas; or or storage media, and of pre-recorded computer programs available on the retail market; or b. Tapes, wires, records, discs or other media; 9. Credit cards or fund transfer cards except as pro- for use with any electronic apparatus. vided in Additional Coverages 6. 12. $500 for lawn and agricultural equipment. 10. “Hovercraft” and parts. Property Not Covered. We do not cover: COVERAGE D – Loss of Use 1. Articles separately described and specifically in- The limit of liability for Coverage D is the total limit for sured in this or other insurance; all the coverages that follow. 2. Animals, birds or fish; 1. If a loss covered under this Section makes that part 3. Motor vehicles or all other motorized land convey- of the "residence premises" where you reside not ances. This includes: fit to live in, we cover, at your choice, either of the following. However, if the "residence premises" is a. Their equipment and accessories; or not your principal place of residence, we will not provide the option under paragraph b. below, and b. Electronic apparatus that is designed to be op- coverage under a. below will be limited to two erated solely by use of the power from the elec- weeks. trical system of motor vehicles or all other mo- torized land conveyances. Electronic apparatus a. Additional Living Expense, meaning any nec- includes: essary increase in living expenses incurred by you so that your household can maintain its nor- (1) Accessories or antennas; or mal standard of living; or (2) Tapes, wires, records, discs or other media; b. Fair Rental Value, meaning the fair rental value of that part of the "residence premises" for use with any electronic apparatus. where you reside less any expenses that do not The exclusion of property described in 3.a. and continue while the premises is not fit to live in. 3.b. above applies only while the property is in Payment under a. or b. will be for the shortest time or upon the vehicle or conveyance. required to repair or replace the damage or, if you We do cover vehicles or conveyances not subject permanently relocate, the shortest time required to motor vehicle registration which are: for your household to settle elsewhere. a. Used to service an "insured's" residence; or 2. If a loss covered under this Section makes that part of the "residence premises" rented to others or b. Designed for assisting the handicapped; held for rental by you not fit to live in, we cover the: 4. “Aircraft” and parts. Fair Rental Value, meaning the fair rental value of that part of the "residence premises" 5. Property of roomers, boarders and other tenants, rented to others or held for rental by you less except property of roomers and boarders related to any expenses that do not continue while the an "insured"; premises is not fit to live in. 6. Property in an apartment regularly rented or held Payment will be for the shortest time required to for rental to others by an "insured," except as pro- repair or replace that part of the premises vided in Additional Coverages 10.; rented or held for rental. Page 4 of 31 Contains material copyrighted by Insurance Services Office MHO CF 00 2A 12 17 3. If a civil authority prohibits you from use of the "res- b. We will not pay more than the amount in a. idence premises" as a result of direct damage to above, unless we provide you or your as- neighboring premises by a Peril Insured Against in signee approval within 48 hour