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Filing # 145457017 E-Filed 03/10/2022 12:29:10 PM
IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO:
CARMEN DE LEON,
Plaintiff,
vs.
LIBERTY MUTUAL FIRE
INSURANCE COMPANY,
Defendant.
__________________________/
COMPLAINT
COMES NOW the Plaintiff, CARMEN DE LEON, by and through the undersigned
counsel, and sues the Defendant, LIBERTY MUTUAL FIRE INSURANCE COMPANY, and
would allege as follows:
GENERAL ALLEGATIONS
1. This is an action for damages less than the sum of EIGHT THOUSAND DOLLARS
($8,000.00), exclusive of interest, costs, and attorney’s fees, and otherwise within the jurisdictional
limits of this Court.
2. At all times material hereto, Defendant, LIBERTY MUTUAL FIRE INSURANCE
COMPANY, is a Florida corporation authorized and doing business in OSCEOLA COUNTY,
FLORIDA.
3. At all times material hereto, Plaintiff, CARMEN DELEON, owns the property
insured by Defendant located at 49 W MARBRISA WAY, KISSIMMEE, FL 34743, OSCEOLA
COUNTY, FLORIDA (the “Subject Property”).
4. Venue is proper in OSCEOLA County, Florida pursuant to Florida Statute 47.011,
because the cause of action upon which these allegations are based accrued in OSCEOLA County,
Florida, and the property at issue is located in OSCEOLA County, Florida.
5. That Plaintiff was insured at the time of loss, on June 17, 2017, under Defendant’s
insurance policy number H32-251-468659-40 7 4 (the “Subject Policy”).
6. A true and correct copy of the insurance policy is attached hereto as Exhibit “A”.
7. Plaintiff paid all insurance premiums, performed all post loss conditions, and
performed all conditions precedent. In the alternative, all conditions precedent have been waived.
8. On or about June 17, 2017, Plaintiff suffered a loss due to a faucet leak in the
kitchen, a covered peril under the Subject Policy involving the Subject Property (the “Loss”).
9. Defendant acknowledged coverage for the Loss as claim number 035930705-01
and assigned an insurance adjuster to adjust the Loss.
10. Plaintiff provided Defendant with a damage estimate for a covered loss.
11. Defendant was given timely notice of the loss and investigated the claim including
inspecting the property and estimating the damage and was not prejudiced in its investigation.
12. Defendant acknowledged coverage of the loss, however, rejected the total amount
of damages.
13. Accordingly, the Insurance Company inspected the Property and tendered a
payment of insurance proceeds to the Insured. However, after diligent inspection of the Loss, it
was obvious that the Property sustained damage greater than the damages acknowledged by the
Insurance Company.
COUNT I - BREACH OF CONTRACT
14. Plaintiffs reaver, readopt and reallege the allegations contained in Paragraphs 1
through 13 of this Complaint, and as a first cause of action, would further allege:
15. That the policy provides coverage for direct physical loss to the Plaintiff’s property
due to a faucet leak in the kitchen mentioned herein.
16. That the Plaintiff sustained unpaid damages for a covered loss under the
Defendant’s policy of insurance.
17. That the Plaintiff demanded the Defendant honor its contractual obligation and pay
for the unpaid damages to the insured property.
18. That as a result of Defendant’s breach of contract, Plaintiff sustained damage to the
insured property.
19. That Defendant refuses to honor its contractual obligations and pay for the covered
loss.
20. That Plaintiff has further had to retain the undersigned attorney and agreed to pay
him a reasonable fee for which the Defendant is liable under § 627.428.
21. Florida Statute 627.428(1) states:
Upon the rendition of a judgment or decree by any of the courts of this state
against an insurer and in favor of any named or omnibus insured or the
named beneficiary under a policy or contract executed by the insurer, the
trial court or, in the event of an appeal in which the insured or beneficiary
prevails, the appellate court shall adjudge or decree against the insurer and
in favor of the insured or beneficiary a reasonable sum as fees or
compensation for the insured’s or beneficiary’s attorney prosecuting the suit
in which the recovery is had.
WHEREFORE, Plaintiff demands judgment against Defendant, plus costs, prejudgment
interest and attorney’s fees pursuant to Florida Statute § 627.428.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues so triable.
DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516
Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice
of designation of email address for the purpose of service of all documents required to be served
in this proceeding: pleadings@thepropertyadvocates.com; team14@thepropertyadvocates.com.
DATED this March 10, 2022.
THE PROPERTY ADVOCATES, P.A.
Attorney for Plaintiff
225 South Orange Avenue, Suite 750
Orlando, Florida 32801
Telephone: (321) 234-3600
Facsimile: (321) 256-5367
Primary E-Service: pleadings@thepropertyadvocates.com
Secondary E-Service: team14@thepropertyadvocates.com
Email: mpatrick@thepropertyadvocates.com
Email: jariel@thepropertyadvocates.com
Email: cpadilla@thepropertyadvocates.com
By:
MICHAEL P. PATRICK, ESQUIRE
FLORIDA BAR NO.: 1002537
JARIEL BORGES, ESQUIRE
FLORIDA BAR NO.: 1027978
CLARIBEL PADILLA, ESQUIRE
FLORIDA BAR NO.: 0066832
EXHIBIT A
Questions about your Policy? Policy Number: Report a Claim:
Call 1-407-380-7852 or H32-251-468659-40 7 4 1-800-2CLAIMS or
1-888-862-9632 LibertyMutual.com/Claims
ACTION REQUIRED:
PLEASE REVIEW AND KEEP FOR YOUR RECORDS.
Policy Declarations
Liberty Mutual Fire Insurance Company
Total 12 Month Premium: $728.00
Reason for your new declarations page: Changes made to your policy
Please refer to the Change Detail section on page 3 for more information.
Effective date of this change: 05/11/2017
Insurance Information
Named Insured: Carmen Deleon Policy Number: H32-251-468659-40 7 4
Mailing Address: 49 W Marbrisa Way Policy Period: 05/11/2017-05/11/2018 12:01 a.m.
Kissimmee FL 34743-4362 standard time at the address of the
Named Insured at Insured Location.
Insured Location: Same as Mailing address above Declarations Effective: 05/11/2017
DISCOUNTS AND BENEFITS SECTION
Your discounts and benefits have been applied to your total policy premium.
PREMIUM
• Insurance to Value Discount $ (48)
• Inflation Protection Discount $ (24)
• Safe Homeow ner Program $ (99)
• Windstorm Construction Features Credit $ (348)
• Protective Device Discounts: $ (39)
Smoke/Heat Alarm-All Floors, Extinguishers and Dead Bolt Locks
Total Discounts and Benefits $ (558)
Coverage Information
Standard Policy
SECTION I COVERAGES LIMITS PREMIUM
A. Dw elling $ 131,000
B. Other Structures on Insured Location $ 13,100
C. Personal Property w ith Replacement Cost $ 91,700
D. Loss of Use of Insured Location $ 26,200
FMHO 3047 05 16 THIS IS NOT YOUR HOME INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 1 of 5
Want to Add a Coverage? Policy Number: Report a Claim:
Call 1-407-380-7852 or H32-251-468659-40 7 4 1-800-2CLAIMS or
1-888-862-9632 to talk to your LibertyMutual.com/Claims
agent about the availability of
this coverage and w hether it
meets your needs.
Coverage Information continued
SECTION II COVERAGES LIMITS PREMIUM
E. Personal Liability (each occurrence) $ 200,000
F. Medical Payments to Others (each person) $ 1,000
POLICY DEDUCTIBLES
Losses covered under Section I are subject to a deductible of : $1,000
Losses as a result of Hurricane are subject to a deductible of 2% : $2,620
Losses as a result of Sinkhole are subject to a deductible of 10% of coverage A : $13,100
Total Standard Policy $ 1,140
Standard premium allocated for hurricane losses: $ 360
Standard premium allocated for all other losses: $ 780
ADDITIONAL COVERAGES DEDUCTIBLE LIMITS PREMIUM
Amendatory Mold End $ 10,000/ $ 0
20,000
Credit Card, Fund Transfer, Forgery $ 1,000 $ 0
Ordinance Or Law 25% $ 24
Backup Of Sew er And Sump Pump Overflow $ 5,000 $ 35
Personal Property Replacement Cost $ 95
Coverage E increased limit $ 7
Total Additional Coverages $ 161
OTHER CHARGES AND CREDITS PREMIUM
Florida Emergency Management Surcharge $ 2.00
Florida Building Code Effectiveness Grade Credit * * $ (17.00)
Total Other Charges and Credits $ (15.00)
Total 12 Month Policy Premium: $728.00
FMHO 3047 05 16 THIS IS NOT YOUR HOME INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 2 of 5
Want to Add a Coverage? Policy Number: Report a Claim:
Call 1-407-380-7852 or H32-251-468659-40 7 4 1-800-2CLAIMS or
1-888-862-9632 to talk to your LibertyMutual.com/Claims
agent about the availability of
this coverage and w hether it
meets your needs.
Additional Coverages and Products Available*
We' ve review ed your policy and have identified additional optional coverages and products that can add valuable
protection. Talk to your agent about purchasing the follow ing coverages and products and w hether they meet
your needs.
Home Computer and Smartphone: If your smartphone or other devices are not insured, repairing or replacing
them can be expensive. Did you know you can insure multiple devices for up to $10,000 w ith a deductible of
$50.00?
Identity Fraud Expense: A stolen identity can be scary and expensive. We’ ll provide counseling, and pay up
to $30,000 for expenses such as lost w ages and attorney fees incurred to recover your identity.
* These optional coverages are subject to policy provisions, limitations, and exclusions. Daily limits or a
deductible may apply. For a complete explanation, please consult your agent today.
Mortgage Information
Mortgagee 1:
NATIONS LENDING
CORPORATION
C/O LOANCARE
ISAOA/ATIMA
LOAN NO. 23921943
PO Box 202049
Florence, SC 29502-2049
Change Detail
Changes made to your policy for: Policy Change 1
• Change Mortgagee 1
There is no premium increase for above changes.
Policy Forms and Endorsements: The follow ing forms and endorsements are applicable to your policy
LibertyGuard® Deluxe Homeow ner Policy Personal Property Replacement Cost
(HO 00 03 04 91 ) (FMHO 2993 0515 )
Backup Of Sew er And Sump Pump Overflow Credit Card, Fund Transfer, Forgery
(FMHO-1086 4/96 ) (HO 04 53 04 91 )
Protective Devices (HO 04 16 04 91 ) Ordinance Or Law (FMHO-1068 )
Special Provisions - Florida (FMHO 1067 1016 ) Amendatory Endorsement (FMHO-2493 5/03 )
No SecII/Limit I-Daycare (HO 04 96 04 91 ) Inflation Protection (FMHO-2835 11 03 )
Sinkhole Loss (FMHO 3286 10 11 ) Amendatory Mold End (FMHO 3468 0813 )
Calendar Year Hurr Ded % (FMHO-1158 R1 ) Lead Poisoning Exclusion (FMHO-976 05/92 )
Seepage Exclusion Endorsement (FMHO 3314 10 11 ) LMHC Membership (2340)
Important Messages
FMHO 3047 05 16 THIS IS NOT YOUR HOME INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 3 of 5
Questions about your Policy? Policy Number: Report a Claim:
Call 1-407-380-7852 or H32-251-468659-40 7 4 1-800-2CLAIMS or
1-888-862-9632 LibertyMutual.com/Claims
Important Messages (continued)
LAW AND ORDINANCE COVERAGE IS AN IMPORTANT
COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU
MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD
INSURANCE FROM THE NATIONAL FLOOD INSURANCE
PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES. PLEASE DISCUSS THESE
COVERAGES WITH YOUR INSURANCE AGENT.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
This policy contains a separate deductible for sinkhole losses,
w hich may result in high out-of-pocket expenses to you.
Please read it carefully.
FMHO 3047 05 16 THIS IS NOT YOUR HOME INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 4 of 5
Questions about your Policy? Policy Number: Report a Claim:
Call 1-407-380-7852 or H32-251-468659-40 7 4 1-800-2CLAIMS or
1-888-862-9632 LibertyMutual.com/Claims
Additional Information
In the event of a hurricane and/or sinkhole loss, your Dw elling Coverage (Coverage A) may
be automatically increased in accordance w ith the Inflation Protection endorsement. In these
cases, a hurricane and/or sinkhole deductible that is based on a percentage of dw elling
coverage w ould also reflect this increase.
* * A rate adjustment of $(17.00) is included to reflect building code effectiveness grading schedule in your area.
Adjustments ranged from 2% surcharge to 1-13% credit.
LibertyGuard® Deluxe Homeow ners Policy Declarations provided and underw ritten by Liberty Mutual Fire
Insurance Company (a stock insurance company) , Boston, MA.
David H. Long Mark C. Touhey
President Secretary
This policy, including endorsements listed above,
is countersigned by: Mary Beth Kees
Authorized Representative
FMHO 3047 05 16 THIS IS NOT YOUR HOME INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 5 of 5
To serve you best...
Liberty Mutual has over 350 service offices throughout the United States
and Canada. Please contact your service office shown on your Declarations
Page to report losses, or for any changes or questions about your insurance.
Payments should be sent to the office indicated on your bill.
THIS POLICY IS NON ASSESSABLE
FMHO 943 (ED. 11-96) Liberty Mutual Group
LIBERTYGUARD DELUXE HOMEOWNERS POLICY
HO 00 03 EDITION 04 91
TABLE OF CONTENTS Page Page
Agreement............................................. 1 Other Insurance ................................. 10
Definitions ............................................. 1 Suit Against Us .................................. 10
SECTION I - PROPERTY COVERAGES Our Option ........................................ 10
Coverage A Dwelling........................... 1 Loss Payment..................................... 10
Abandonment of Property..................... 10
Coverage B Other Structures ................ 2
Mortgage Clause................................. 10
Coverage C Personal Property............... 2-3 No Benefit To Bailee............................ 10
Coverage D Loss of Use....................... 3 Nuclear Hazard Clause......................... 10-11
Additional Coverages........................... 3 Recovered Property............................. 11
Debris Removal................................ 3 Volcanic Eruption Period ...................... 11
Reasonable Repairs........................... 3-4 SECTION II - LIABILITY COVERAGES
Trees, Shrubs and Other Plants .......... 4 Coverage E Personal Liability ................ 11
Fire Department Service Charge.......... 4 Coverage F Medical Payments to Others. 11
Property Removed ............................ 4 SECTION II - EXCLUSIONS
Credit Card, Fund Transfer Card, Forgery Coverage E Personal Liability and Coverage F
and Counterfeit Money.................... 4 Medical Payments to Others ............ 11-13
Loss Assessment ............................. 4-5 Coverage E Personal Liability ................ 13
Collapse ......................................... 5 Coverage F Medical Payments to Others. 13
Glass or Safety Glazing Material ......... 5 SECTION II - ADDITIONAL COVERAGES
Landlord's Furnishings ...................... 5-6 Claim Expenses .................................. 13
SECTION I - PERILS INSURED AGAINST First Aid Expenses .............................. 14
Coverage A Dwelling and Coverage B
Damage to Property of Others .............. 14
Other Structures............................. 6
Coverage C Personal Property............... 6-7 Loss Assessment................................ 14
SECTION I - EXCLUSIONS SECTION II - CONDITIONS
Ordinance or Law................................ 7 Limit of Liability .................................. 14
Earth Movement ................................. 7-8 Severability of Insurance ...................... 14
Water Damage ................................... 8 Duties After Loss ............................... 14-15
Power Failure ..................................... Duties of an Injured Person .................. 15
8
Payment of Claim ............................... 15
Neglect ............................................. 8
Suit Against Us .................................. 15
War .................................................. 8 Bankruptcy of an Insured ..................... 15
Nuclear Hazard ................................... 8 Other Insurance .................................. 15
Intentional Loss .................................. 8 SECTIONS I AND II - CONDITIONS
Weather Conditions............................. 8 Policy Period ...................................... 15
Acts or Decisions................................ 8 Concealment or Fraud ......................... 15
Faulty, Inadequate or Defective............. 8 Liberalization Clause .......................... 15
SECTION I - CONDITIONS Waiver or Change of Policy Provisions ... 15
Insurable Interest and Limit of Liability ... 8 Cancellation ....................................... 15-16
Your Duties After Loss ........................ 8-9 Non-Renewal ..................................... 16
Loss Settlement.................................. 9-10 Assignment ....................................... 16
Loss to a Pair or Set ........................... 10 Subrogation ....................................... 16
Glass Replacement ............................. 10 Death................................................ 16
Appraisal .......................................... 10 *MUTUAL POLICY CONDITIONS ............. 16
*These conditions apply only if Liberty Mutual Fire Insurance Company is shown in the Declarations as the
insurer.
HOMEOWNERS 00 03 04 91
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 c. Any premises used by you in connection
"named insured" shown in the Declarations and with a premises in 4.a. and 4.b. above;
the spouse if a resident of the same household. d. Any part of a premises:
"We," "us" and "our" refer to the Company (1) Not owned by an "insured"; and
providing this insurance. In addition, certain words (2) Where an "insured" is temporarily
and phrases are defined as follows: residing;
1. "Bodily injury" means bodily harm, sickness or e. Vacant land, other than farm land, owned
disease, including required care, loss of by or rented to an "insured";
services and death that results. f. Land owned by or rented to an "insured"
2. "Business" includes trade, profession or on which a one or two family dwelling is
occupation. being built as a residence for an "insured";
3. "Insured" means you and residents of your g. Individual or family cemetery plots or burial
household who are: vaults of an "insured"; or
a. Your relatives; or h. Any part of a premises occasionally rented
b. Other persons under the age of 21 and in to an "insured" for other than "business"
the care of any person named above. use.
Under Section II, "insured" also means: 5. "Occurrence" means an accident, including
c. With respect to animals or watercraft to continuous or repeated exposure to
which this policy applies, any person or substantially the same general harmful
organization legally responsible for these conditions, which results, during the policy
animals or watercraft which are owned by period, in:
you or any person included in 3.a. or 3.b. a. "Bodily injury"; or
above. A person or organization using or b. "Property damage."
having custody of these animals or 6. "Property damage" means physical injury to,
watercraft in the course of any "business" destruction of, or loss of use of tangible
or without consent of the owner is not an property.
"insured"; 7. "Residence employee" means:
d. With respect to any vehicle to which this a. An employee of an "insured" whose duties
policy applies: are related to the maintenance or use of
(1) Persons while engaged in your employ the "residence premises," including
or that of any person included in 3.a. household or domestic services; or
or 3.b. above; or b. One who performs similar duties elsewhere
(2) Other persons using the vehicle on an not related to the "business" of an
"insured location" with your consent. "insured."
4. "Insured location" means: 8. "Residence premises" means:
a. The "residence premises"; a. The one family dwelling, other structures,
b. The part of other premises, other and grounds; or
structures and grounds used by you as a b. That part of any other building;
residence and: where you reside and which is shown as the
(1) Which is shown in the Declarations; or "residence premises" in the Declarations.
(2) Which is acquired by you during the "Residence premises" also means a two family
policy period for your use as a dwelling where you reside in at least one of the
residence; family units and which is shown as the
"residence premises" in the Declarations.
SECTION I - PROPERTY COVERAGES
COVERAGE A - Dwelling 2. Materials and supplies located on or next to
We cover: the "residence premises" used to construct,
1. The dwelling on the "residence premises" alter or repair the dwelling or other structures
shown in the Declarations, on the "residence premises."
including structures attached to the dwelling; This coverage does not apply to land, including
and land on which the dwelling is located.
Page 1 of 16
COVERAGE B - Other Structures furs, precious and semi-precious stones.
We cover other structures on the "residence 6. $2000 for loss by theft of firearms.
premises" set apart from the dwelling by clear 7. $2500 for loss by theft of silverware,
space. This includes structures connected to the silver-plated ware, goldware, gold-plated ware
dwelling by only a fence, utility line, or similar and pewterware. This includes flatware,
connection. hollowware, tea sets, trays and trophies made
This coverage does not apply to land, including of or including silver, gold or pewter.
land on which the other structures are located. 8. $2500 on property, on the "residence
We do not cover other structures: premises," used at any time or in any manner
1. Used in whole or in part for "business"; or for any "business" purpose.
2. Rented or held for rental to any person not a 9. $250 on property, away from the "residence
tenant of the dwelling, unless used solely as a premises," used at any time or in any manner
private garage. for any "business" purpose. However, this
The limit of liability for this coverage will not be limit does not apply to loss to adaptable
more than 10% of the limit of liability that applies electronic apparatus as described in Special
to Coverage A. Use of this coverage does not Limits 10. and 11. below.
reduce the Coverage A limit of liability.
10. $1000 for loss to electronic apparatus, while in
COVERAGE C - Personal Property or upon a motor vehicle or other motorized
We cover personal property owned or used by an land conveyance, if the electronic apparatus is
"insured" while it is anywhere in the world. At
equipped to be operated by power from the
your request, we will cover personal property
electrical system of the vehicle or conveyance
owned by:
while retaining its capability of being operated
1. Others while the property is on the part of the
by other sources of power. Electronic
"residence premises" occupied by an
apparatus includes:
"insured";
a. Accessories or antennas; or
2. A guest or a "residence employee," while the
property is in any residence occupied by an b. Tapes, wires, records, discs or other media;
"insured." for use with any electronic apparatus.
Our limit of liability for personal property usually 11. $1000 for loss to electronic apparatus, while
located at an "insured's" residence, other than the not in or upon a motor vehicle or other
"residence premises," is 10% of the limit of motorized land conveyance, if the electronic
liability for Coverage C, or $1000, whichever is apparatus:
greater. Personal property in a newly acquired a. Is equipped to be operated by power from
principal residence is not subject to this limitation the electrical system of the vehicle or
for the 30 days from the time you begin to move conveyance while retaining its capability of
the property there. being operated by other sources of power;
Special Limits of Liability. These limits do not b. Is away from the "residence premises";
increase the Coverage C limit of liability. The and
special limit for each numbered category below is c. Is used at any time or in any manner for
the total limit for each loss for all property in that any "business" purpose.
category. Electronic apparatus includes:
1. $200 on money, bank notes, bullion, gold a. Accessories or antennas; or
other than goldware, silver other than b. Tapes, wires, records, discs or other
silverware, platinum, coins and medals. media;
2. $1000 on securities, accounts, deeds, for use with any electronic apparatus.
evidences of debt, letters of credit, notes other Property Not Covered. We do not cover:
than bank notes, manuscripts, personal 1. Articles separately described and specifically
records, passports, tickets and stamps. This insured in this or other insurance;
dollar limit applies to these categories 2. Animals, birds or fish;
regardless of the medium (such as paper or 3. Motor vehicles or all other motorized land
computer software) on which the material conveyances.
exists.
This includes:
This limit includes the cost to research, replace
or restore the information from the lost or a. Their equipment and accessories; or
damaged material. b. Electronic apparatus that is designed to be
3. $1000 on watercraft, including their trailers, operated solely by use of the power from
furnishings, equipment and outboard engines the electrical system of motor vehicles or
or motors. all other motorized land conveyances.
4. $1000 on trailers not used with watercraft. Electronic apparatus includes:
5. $1000 for loss by theft of jewelry, watches, (1) Accessories or antennas; or
Page 2 of 16
(2) Tapes, wires, records, discs or other elsewhere.
media; 2. If a loss covered under this Section makes that
for use with any electronic apparatus. part of the "residence premises" rented to
The exclusion of property described in 3.a. others or held for rental by you not fit to live
and 3.b. above applies only while the in, we cover the:
property is in or upon the vehicle or Fair Rental Value, meaning the fair rental
conveyance. value of that part of the "residence
We do cover vehicles or conveyances not premises" rented to others or held for rental
subject to motor vehicle registration which are: by you less any expenses that do not
a. Used to service an "insured's" residence; continue while the premises is not fit to live
or in.
b. Designed for assisting the handicapped; Payment will be for the shortest time required
4. Aircraft and parts. Aircraft means any to repair or replace that part of the premises
contrivance used or designed for flight, except rented or held for rental.
model or hobby aircraft not used or designed 3. If a civil authority prohibits you from use of the
to carry people or cargo; "residence premises" as a result of direct
5. Property of roomers, boarders and other damage to neighboring premises by a Peril
tenants, except property of roomers and Insured Against in this policy, we cover the
boarders related to an "insured"; Additional Living Expense and Fair Rental Value
6. Property in an apartment regularly rented or loss as provided under 1. and 2. above for no
held for rental to others by an "insured," more than two weeks.
except as provided in Additional Coverages The periods of time under 1., 2. and 3. above are
10.; not limited by expiration of this policy.
7. Property rented or held for rental to others off We do not cover loss or expense due to
the "residence premises"; cancellation of a lease or agreement.
8. "Business" data, including such data stored in: ADDITIONAL COVERAGES
a. Books of account, drawings or other paper 1. Debris Removal. We will pay your reasonable
records; or expense for the removal of:
b. Electronic data processing tapes, wires, a. Debris of covered property if a Peril Insured
records, discs or other software media; Against that applies to the damaged
However, we do cover the cost of blank property causes the loss; or
recording or storage media, and of b. Ash, dust or particles from a volcanic
pre-recorded computer programs available on eruption that has caused direct loss to a
the retail market; or building or property contained in a building.
9. Credit cards or fund transfer cards except as This expense is included in the limit of liability
provided in Additional Coverages 6. that applies to the damaged property. If the
COVERAGE D - Loss Of Use amount to be paid for the actual damage to the
The limit of liability for Coverage D is the total limit property plus the debris removal expense is
for all the coverages that follow. more than the limit of liability for the damaged
1. If a loss covered under this Section makes that property, an additional 5% of that limit of
part of the "residence premises" where you liability is available for debris removal expense.
reside not fit to live in, we cover, at your We will also pay your reasonable expense, up
choice, either of the following. However, if the to $500, for the removal from the "residence
"residence premises" is not your principal place premises" of:
of residence, we will not provide the option a. Your tree(s) felled by the peril of
under paragraph b. below. Windstorm or Hail;
a. Additional Living Expense, meaning any b. Your tree(s) felled by the peril of Weight of
necessary increase in living expenses Ice, Snow or Sleet; or
incurred by you so that your household c. A neighbor's tree(s) felled by a Peril
can maintain its normal standard of living; Insured Against under Coverage C;
or
provided the tree(s) damages a covered
b. Fair Rental Value, meaning the fair rental
structure. The $500 limit is the most we will
value of that part of the "residence
pay in any one loss regardless of the number
premises" where you reside less any
of fallen trees.
expenses that do not continue while the
premises is not fit to live in. 2. Reasonable Repairs. In the event that covered
Payment under a. or b. will be for the shortest property is damaged by an applicable Peril
time required to repair or replace the damage Insured Against, we will pay the reasonable
or, if you permanently relocate, the shortest cost incurred by you for necessary measures
time required for your household to settle taken solely to protect against further damage.
Page 3 of 16
If the measures taken involve repair to other c. Loss to an "insured" caused by forgery or
damaged property, we will pay for those alteration of any check or negotiable
measures only if that property is covered under instrument; and
this policy and the damage to that property is d. Loss to an "insured" through acceptance in
caused by an applicable Peril Insured Against. good faith of counterfeit United States or
This coverage: Canadian paper currency.
a. Does not increase the limit of liability that We do not cover use of a credit card or fund
applies to the covered property; transfer card:
b. Does not relieve you of your duties, in case a. By a resident of your household;
of a loss to covered property, as set forth b. By a person who has been entrusted with
in SECTION I - CONDITION 2.d. either type of card; or
3. Trees, Shrubs and Other Plants. We cover c. If an "insured" has not complied with all
trees, shrubs, plants or lawns, on the terms and conditions under which the
"residence premises," for loss caused by the cards are issued.
following Perils Insured Against: Fire or All loss resulting from a series of acts
lightning, Explosion, Riot or civil commotion, committed by any one person or in which any
Aircraft, Vehicles not owned or operated by a one person is concerned or implicated is
resident of the "residence premises," considered to be one loss.
Vandalism or malicious mischief or Theft. We do not cover loss arising out of "business"
We will pay up to 5% of the limit of liability use or dishonesty of an "insured."
that applies to the dwelling for all trees, This coverage is additional insurance. No
shrubs, plants or lawns. No more than $500 deductible applies to this coverage.
of this limit will be available for any one tree, Defense:
shrub or plant. We do not cover property
a. We may investigate and settle any claim or
grown for "business" purposes.
suit that we decide is appropriate. Our
This coverage is additional insurance. duty to defend a claim or suit ends when
4. Fire Department Service Charge. We will pay the amount we pay for the loss equals our
up to $500 for your liability assumed by limit of liability.
contract or agreement for fire department b. If a suit is brought against an "insured" for
charges incurred when the fire department is liability under the Credit Card or Fund
called to save or protect covered property from Transfer Card coverage, we will provide a
a Peril Insured Against. We do not cover fire defense at our expense by counsel of our
department service charges if the property is choice.
located within the limits of the city, c. We have the option to defend at our
municipality or protection district furnishing the expense an "insured" or an "insured's"
fire department response. bank against any suit for the enforcement
This coverage is additional insurance. No of payment under the Forgery coverage.
deductible applies to this coverage. 7. Loss Assessment. We will pay up to $1000
5. Property Removed. We insure covered for your share of loss assessment charged
property against direct loss from any cause during the policy period against you by a
while being removed from a premises corporation or association of property owners,
endangered by a Peril Insured Against and for when the assessment is made as a result of
no more than 30 days while removed. This direct loss to the property, owned by all
coverage does not change the limit of liability members collectively, caused by a Peril Insured
that applies to the property being removed. Against under COVERAGE A - DWELLING,
6. Credit Card, Fund Transfer Card, Forgery and other than earthquake or land shock waves or
Counterfeit Money. tremors before, during or after a volcanic
We will pay up to $500 for: eruption.
a. The legal obligation of an "insured" to This coverage applies only to loss
pay because of the theft or unauthorized assessments charged against you as owner or
use of credit cards issued to tenant of the "residence premises."
or registered in an "insured's" name; We do not cover loss assessments charged
b. Loss resulting from theft or unauthorized against you or a corporation or association of
use of a fund transfer card used for property owners by any governmental body.
deposit, withdrawal or transfer of funds, The limit of $1000 is the most we will pay
issued to or registered in an "insured's" with respect to any one loss, regardless of the
name; number of assessments.
Page 4 of 16
Condition 1. Policy Period, under SECTIONS I a. Fire or lightning.
AND II CONDITIONS, does not apply to this b. Windstorm or hail.
coverage. This peril does not include loss to the
8. Collapse. We insure for direct physical loss to property contained in a building caused by
covered property involving collapse of a rain, snow, sleet, sand or dust unless the
building or any part of a building caused only direct force of wind or hail damages the
by one or more of the following: building causing an opening in a roof or wall
a. Perils Insured Against in COVERAGE C - and the rain, snow, sleet, sand or dust enters
PERSONAL PROPERTY. These perils apply through this opening.
to covered buildings and personal property This peril includes loss to watercraft and
for loss insured by this additional coverage; their trailers, furnishings, equipment, and
b. Hidden decay; outboard engines or motors, only while inside
c. Hidden insect or vermin damage; a fully enclosed building.
d. Weight of contents, equipment, animals o
Preview
Filing # 145457017 E-Filed 03/10/2022 12:29:10 PM IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION CASE NO: CARMEN DE LEON, Plaintiff, vs. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant. __________________________/ COMPLAINT COMES NOW the Plaintiff, CARMEN DE LEON, by and through the undersigned counsel, and sues the Defendant, LIBERTY MUTUAL FIRE INSURANCE COMPANY, and would allege as follows: GENERAL ALLEGATIONS 1. This is an action for damages less than the sum of EIGHT THOUSAND DOLLARS ($8,000.00), exclusive of interest, costs, and attorney’s fees, and otherwise within the jurisdictional limits of this Court. 2. At all times material hereto, Defendant, LIBERTY MUTUAL FIRE INSURANCE COMPANY, is a Florida corporation authorized and doing business in OSCEOLA COUNTY, FLORIDA. 3. At all times material hereto, Plaintiff, CARMEN DELEON, owns the property insured by Defendant located at 49 W MARBRISA WAY, KISSIMMEE, FL 34743, OSCEOLA COUNTY, FLORIDA (the “Subject Property”). 4. Venue is proper in OSCEOLA County, Florida pursuant to Florida Statute 47.011, because the cause of action upon which these allegations are based accrued in OSCEOLA County, Florida, and the property at issue is located in OSCEOLA County, Florida. 5. That Plaintiff was insured at the time of loss, on June 17, 2017, under Defendant’s insurance policy number H32-251-468659-40 7 4 (the “Subject Policy”). 6. A true and correct copy of the insurance policy is attached hereto as Exhibit “A”. 7. Plaintiff paid all insurance premiums, performed all post loss conditions, and performed all conditions precedent. In the alternative, all conditions precedent have been waived. 8. On or about June 17, 2017, Plaintiff suffered a loss due to a faucet leak in the kitchen, a covered peril under the Subject Policy involving the Subject Property (the “Loss”). 9. Defendant acknowledged coverage for the Loss as claim number 035930705-01 and assigned an insurance adjuster to adjust the Loss. 10. Plaintiff provided Defendant with a damage estimate for a covered loss. 11. Defendant was given timely notice of the loss and investigated the claim including inspecting the property and estimating the damage and was not prejudiced in its investigation. 12. Defendant acknowledged coverage of the loss, however, rejected the total amount of damages. 13. Accordingly, the Insurance Company inspected the Property and tendered a payment of insurance proceeds to the Insured. However, after diligent inspection of the Loss, it was obvious that the Property sustained damage greater than the damages acknowledged by the Insurance Company. COUNT I - BREACH OF CONTRACT 14. Plaintiffs reaver, readopt and reallege the allegations contained in Paragraphs 1 through 13 of this Complaint, and as a first cause of action, would further allege: 15. That the policy provides coverage for direct physical loss to the Plaintiff’s property due to a faucet leak in the kitchen mentioned herein. 16. That the Plaintiff sustained unpaid damages for a covered loss under the Defendant’s policy of insurance. 17. That the Plaintiff demanded the Defendant honor its contractual obligation and pay for the unpaid damages to the insured property. 18. That as a result of Defendant’s breach of contract, Plaintiff sustained damage to the insured property. 19. That Defendant refuses to honor its contractual obligations and pay for the covered loss. 20. That Plaintiff has further had to retain the undersigned attorney and agreed to pay him a reasonable fee for which the Defendant is liable under § 627.428. 21. Florida Statute 627.428(1) states: Upon the rendition of a judgment or decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer, the trial court or, in the event of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had. WHEREFORE, Plaintiff demands judgment against Defendant, plus costs, prejudgment interest and attorney’s fees pursuant to Florida Statute § 627.428. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all issues so triable. DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516 Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice of designation of email address for the purpose of service of all documents required to be served in this proceeding: pleadings@thepropertyadvocates.com; team14@thepropertyadvocates.com. DATED this March 10, 2022. THE PROPERTY ADVOCATES, P.A. Attorney for Plaintiff 225 South Orange Avenue, Suite 750 Orlando, Florida 32801 Telephone: (321) 234-3600 Facsimile: (321) 256-5367 Primary E-Service: pleadings@thepropertyadvocates.com Secondary E-Service: team14@thepropertyadvocates.com Email: mpatrick@thepropertyadvocates.com Email: jariel@thepropertyadvocates.com Email: cpadilla@thepropertyadvocates.com By: MICHAEL P. PATRICK, ESQUIRE FLORIDA BAR NO.: 1002537 JARIEL BORGES, ESQUIRE FLORIDA BAR NO.: 1027978 CLARIBEL PADILLA, ESQUIRE FLORIDA BAR NO.: 0066832 EXHIBIT A Questions about your Policy? Policy Number: Report a Claim: Call 1-407-380-7852 or H32-251-468659-40 7 4 1-800-2CLAIMS or 1-888-862-9632 LibertyMutual.com/Claims ACTION REQUIRED: PLEASE REVIEW AND KEEP FOR YOUR RECORDS. Policy Declarations Liberty Mutual Fire Insurance Company Total 12 Month Premium: $728.00 Reason for your new declarations page: Changes made to your policy Please refer to the Change Detail section on page 3 for more information. Effective date of this change: 05/11/2017 Insurance Information Named Insured: Carmen Deleon Policy Number: H32-251-468659-40 7 4 Mailing Address: 49 W Marbrisa Way Policy Period: 05/11/2017-05/11/2018 12:01 a.m. Kissimmee FL 34743-4362 standard time at the address of the Named Insured at Insured Location. Insured Location: Same as Mailing address above Declarations Effective: 05/11/2017 DISCOUNTS AND BENEFITS SECTION Your discounts and benefits have been applied to your total policy premium. PREMIUM • Insurance to Value Discount $ (48) • Inflation Protection Discount $ (24) • Safe Homeow ner Program $ (99) • Windstorm Construction Features Credit $ (348) • Protective Device Discounts: $ (39) Smoke/Heat Alarm-All Floors, Extinguishers and Dead Bolt Locks Total Discounts and Benefits $ (558) Coverage Information Standard Policy SECTION I COVERAGES LIMITS PREMIUM A. Dw elling $ 131,000 B. Other Structures on Insured Location $ 13,100 C. Personal Property w ith Replacement Cost $ 91,700 D. Loss of Use of Insured Location $ 26,200 FMHO 3047 05 16 THIS IS NOT YOUR HOME INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 1 of 5 Want to Add a Coverage? Policy Number: Report a Claim: Call 1-407-380-7852 or H32-251-468659-40 7 4 1-800-2CLAIMS or 1-888-862-9632 to talk to your LibertyMutual.com/Claims agent about the availability of this coverage and w hether it meets your needs. Coverage Information continued SECTION II COVERAGES LIMITS PREMIUM E. Personal Liability (each occurrence) $ 200,000 F. Medical Payments to Others (each person) $ 1,000 POLICY DEDUCTIBLES Losses covered under Section I are subject to a deductible of : $1,000 Losses as a result of Hurricane are subject to a deductible of 2% : $2,620 Losses as a result of Sinkhole are subject to a deductible of 10% of coverage A : $13,100 Total Standard Policy $ 1,140 Standard premium allocated for hurricane losses: $ 360 Standard premium allocated for all other losses: $ 780 ADDITIONAL COVERAGES DEDUCTIBLE LIMITS PREMIUM Amendatory Mold End $ 10,000/ $ 0 20,000 Credit Card, Fund Transfer, Forgery $ 1,000 $ 0 Ordinance Or Law 25% $ 24 Backup Of Sew er And Sump Pump Overflow $ 5,000 $ 35 Personal Property Replacement Cost $ 95 Coverage E increased limit $ 7 Total Additional Coverages $ 161 OTHER CHARGES AND CREDITS PREMIUM Florida Emergency Management Surcharge $ 2.00 Florida Building Code Effectiveness Grade Credit * * $ (17.00) Total Other Charges and Credits $ (15.00) Total 12 Month Policy Premium: $728.00 FMHO 3047 05 16 THIS IS NOT YOUR HOME INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 2 of 5 Want to Add a Coverage? Policy Number: Report a Claim: Call 1-407-380-7852 or H32-251-468659-40 7 4 1-800-2CLAIMS or 1-888-862-9632 to talk to your LibertyMutual.com/Claims agent about the availability of this coverage and w hether it meets your needs. Additional Coverages and Products Available* We' ve review ed your policy and have identified additional optional coverages and products that can add valuable protection. Talk to your agent about purchasing the follow ing coverages and products and w hether they meet your needs. Home Computer and Smartphone: If your smartphone or other devices are not insured, repairing or replacing them can be expensive. Did you know you can insure multiple devices for up to $10,000 w ith a deductible of $50.00? Identity Fraud Expense: A stolen identity can be scary and expensive. We’ ll provide counseling, and pay up to $30,000 for expenses such as lost w ages and attorney fees incurred to recover your identity. * These optional coverages are subject to policy provisions, limitations, and exclusions. Daily limits or a deductible may apply. For a complete explanation, please consult your agent today. Mortgage Information Mortgagee 1: NATIONS LENDING CORPORATION C/O LOANCARE ISAOA/ATIMA LOAN NO. 23921943 PO Box 202049 Florence, SC 29502-2049 Change Detail Changes made to your policy for: Policy Change 1 • Change Mortgagee 1 There is no premium increase for above changes. Policy Forms and Endorsements: The follow ing forms and endorsements are applicable to your policy LibertyGuard® Deluxe Homeow ner Policy Personal Property Replacement Cost (HO 00 03 04 91 ) (FMHO 2993 0515 ) Backup Of Sew er And Sump Pump Overflow Credit Card, Fund Transfer, Forgery (FMHO-1086 4/96 ) (HO 04 53 04 91 ) Protective Devices (HO 04 16 04 91 ) Ordinance Or Law (FMHO-1068 ) Special Provisions - Florida (FMHO 1067 1016 ) Amendatory Endorsement (FMHO-2493 5/03 ) No SecII/Limit I-Daycare (HO 04 96 04 91 ) Inflation Protection (FMHO-2835 11 03 ) Sinkhole Loss (FMHO 3286 10 11 ) Amendatory Mold End (FMHO 3468 0813 ) Calendar Year Hurr Ded % (FMHO-1158 R1 ) Lead Poisoning Exclusion (FMHO-976 05/92 ) Seepage Exclusion Endorsement (FMHO 3314 10 11 ) LMHC Membership (2340) Important Messages FMHO 3047 05 16 THIS IS NOT YOUR HOME INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 3 of 5 Questions about your Policy? Policy Number: Report a Claim: Call 1-407-380-7852 or H32-251-468659-40 7 4 1-800-2CLAIMS or 1-888-862-9632 LibertyMutual.com/Claims Important Messages (continued) LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. This policy contains a separate deductible for sinkhole losses, w hich may result in high out-of-pocket expenses to you. Please read it carefully. FMHO 3047 05 16 THIS IS NOT YOUR HOME INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 4 of 5 Questions about your Policy? Policy Number: Report a Claim: Call 1-407-380-7852 or H32-251-468659-40 7 4 1-800-2CLAIMS or 1-888-862-9632 LibertyMutual.com/Claims Additional Information In the event of a hurricane and/or sinkhole loss, your Dw elling Coverage (Coverage A) may be automatically increased in accordance w ith the Inflation Protection endorsement. In these cases, a hurricane and/or sinkhole deductible that is based on a percentage of dw elling coverage w ould also reflect this increase. * * A rate adjustment of $(17.00) is included to reflect building code effectiveness grading schedule in your area. Adjustments ranged from 2% surcharge to 1-13% credit. LibertyGuard® Deluxe Homeow ners Policy Declarations provided and underw ritten by Liberty Mutual Fire Insurance Company (a stock insurance company) , Boston, MA. David H. Long Mark C. Touhey President Secretary This policy, including endorsements listed above, is countersigned by: Mary Beth Kees Authorized Representative FMHO 3047 05 16 THIS IS NOT YOUR HOME INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 5 of 5 To serve you best... Liberty Mutual has over 350 service offices throughout the United States and Canada. Please contact your service office shown on your Declarations Page to report losses, or for any changes or questions about your insurance. Payments should be sent to the office indicated on your bill. THIS POLICY IS NON ASSESSABLE FMHO 943 (ED. 11-96) Liberty Mutual Group LIBERTYGUARD DELUXE HOMEOWNERS POLICY HO 00 03 EDITION 04 91 TABLE OF CONTENTS Page Page Agreement............................................. 1 Other Insurance ................................. 10 Definitions ............................................. 1 Suit Against Us .................................. 10 SECTION I - PROPERTY COVERAGES Our Option ........................................ 10 Coverage A Dwelling........................... 1 Loss Payment..................................... 10 Abandonment of Property..................... 10 Coverage B Other Structures ................ 2 Mortgage Clause................................. 10 Coverage C Personal Property............... 2-3 No Benefit To Bailee............................ 10 Coverage D Loss of Use....................... 3 Nuclear Hazard Clause......................... 10-11 Additional Coverages........................... 3 Recovered Property............................. 11 Debris Removal................................ 3 Volcanic Eruption Period ...................... 11 Reasonable Repairs........................... 3-4 SECTION II - LIABILITY COVERAGES Trees, Shrubs and Other Plants .......... 4 Coverage E Personal Liability ................ 11 Fire Department Service Charge.......... 4 Coverage F Medical Payments to Others. 11 Property Removed ............................ 4 SECTION II - EXCLUSIONS Credit Card, Fund Transfer Card, Forgery Coverage E Personal Liability and Coverage F and Counterfeit Money.................... 4 Medical Payments to Others ............ 11-13 Loss Assessment ............................. 4-5 Coverage E Personal Liability ................ 13 Collapse ......................................... 5 Coverage F Medical Payments to Others. 13 Glass or Safety Glazing Material ......... 5 SECTION II - ADDITIONAL COVERAGES Landlord's Furnishings ...................... 5-6 Claim Expenses .................................. 13 SECTION I - PERILS INSURED AGAINST First Aid Expenses .............................. 14 Coverage A Dwelling and Coverage B Damage to Property of Others .............. 14 Other Structures............................. 6 Coverage C Personal Property............... 6-7 Loss Assessment................................ 14 SECTION I - EXCLUSIONS SECTION II - CONDITIONS Ordinance or Law................................ 7 Limit of Liability .................................. 14 Earth Movement ................................. 7-8 Severability of Insurance ...................... 14 Water Damage ................................... 8 Duties After Loss ............................... 14-15 Power Failure ..................................... Duties of an Injured Person .................. 15 8 Payment of Claim ............................... 15 Neglect ............................................. 8 Suit Against Us .................................. 15 War .................................................. 8 Bankruptcy of an Insured ..................... 15 Nuclear Hazard ................................... 8 Other Insurance .................................. 15 Intentional Loss .................................. 8 SECTIONS I AND II - CONDITIONS Weather Conditions............................. 8 Policy Period ...................................... 15 Acts or Decisions................................ 8 Concealment or Fraud ......................... 15 Faulty, Inadequate or Defective............. 8 Liberalization Clause .......................... 15 SECTION I - CONDITIONS Waiver or Change of Policy Provisions ... 15 Insurable Interest and Limit of Liability ... 8 Cancellation ....................................... 15-16 Your Duties After Loss ........................ 8-9 Non-Renewal ..................................... 16 Loss Settlement.................................. 9-10 Assignment ....................................... 16 Loss to a Pair or Set ........................... 10 Subrogation ....................................... 16 Glass Replacement ............................. 10 Death................................................ 16 Appraisal .......................................... 10 *MUTUAL POLICY CONDITIONS ............. 16 *These conditions apply only if Liberty Mutual Fire Insurance Company is shown in the Declarations as the insurer. HOMEOWNERS 00 03 04 91 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 c. Any premises used by you in connection "named insured" shown in the Declarations and with a premises in 4.a. and 4.b. above; the spouse if a resident of the same household. d. Any part of a premises: "We," "us" and "our" refer to the Company (1) Not owned by an "insured"; and providing this insurance. In addition, certain words (2) Where an "insured" is temporarily and phrases are defined as follows: residing; 1. "Bodily injury" means bodily harm, sickness or e. Vacant land, other than farm land, owned disease, including required care, loss of by or rented to an "insured"; services and death that results. f. Land owned by or rented to an "insured" 2. "Business" includes trade, profession or on which a one or two family dwelling is occupation. being built as a residence for an "insured"; 3. "Insured" means you and residents of your g. Individual or family cemetery plots or burial household who are: vaults of an "insured"; or a. Your relatives; or h. Any part of a premises occasionally rented b. Other persons under the age of 21 and in to an "insured" for other than "business" the care of any person named above. use. Under Section II, "insured" also means: 5. "Occurrence" means an accident, including c. With respect to animals or watercraft to continuous or repeated exposure to which this policy applies, any person or substantially the same general harmful organization legally responsible for these conditions, which results, during the policy animals or watercraft which are owned by period, in: you or any person included in 3.a. or 3.b. a. "Bodily injury"; or above. A person or organization using or b. "Property damage." having custody of these animals or 6. "Property damage" means physical injury to, watercraft in the course of any "business" destruction of, or loss of use of tangible or without consent of the owner is not an property. "insured"; 7. "Residence employee" means: d. With respect to any vehicle to which this a. An employee of an "insured" whose duties policy applies: are related to the maintenance or use of (1) Persons while engaged in your employ the "residence premises," including or that of any person included in 3.a. household or domestic services; or or 3.b. above; or b. One who performs similar duties elsewhere (2) Other persons using the vehicle on an not related to the "business" of an "insured location" with your consent. "insured." 4. "Insured location" means: 8. "Residence premises" means: a. The "residence premises"; a. The one family dwelling, other structures, b. The part of other premises, other and grounds; or structures and grounds used by you as a b. That part of any other building; residence and: where you reside and which is shown as the (1) Which is shown in the Declarations; or "residence premises" in the Declarations. (2) Which is acquired by you during the "Residence premises" also means a two family policy period for your use as a dwelling where you reside in at least one of the residence; family units and which is shown as the "residence premises" in the Declarations. SECTION I - PROPERTY COVERAGES COVERAGE A - Dwelling 2. Materials and supplies located on or next to We cover: the "residence premises" used to construct, 1. The dwelling on the "residence premises" alter or repair the dwelling or other structures shown in the Declarations, on the "residence premises." including structures attached to the dwelling; This coverage does not apply to land, including and land on which the dwelling is located. Page 1 of 16 COVERAGE B - Other Structures furs, precious and semi-precious stones. We cover other structures on the "residence 6. $2000 for loss by theft of firearms. premises" set apart from the dwelling by clear 7. $2500 for loss by theft of silverware, space. This includes structures connected to the silver-plated ware, goldware, gold-plated ware dwelling by only a fence, utility line, or similar and pewterware. This includes flatware, connection. hollowware, tea sets, trays and trophies made This coverage does not apply to land, including of or including silver, gold or pewter. land on which the other structures are located. 8. $2500 on property, on the "residence We do not cover other structures: premises," used at any time or in any manner 1. Used in whole or in part for "business"; or for any "business" purpose. 2. Rented or held for rental to any person not a 9. $250 on property, away from the "residence tenant of the dwelling, unless used solely as a premises," used at any time or in any manner private garage. for any "business" purpose. However, this The limit of liability for this coverage will not be limit does not apply to loss to adaptable more than 10% of the limit of liability that applies electronic apparatus as described in Special to Coverage A. Use of this coverage does not Limits 10. and 11. below. reduce the Coverage A limit of liability. 10. $1000 for loss to electronic apparatus, while in COVERAGE C - Personal Property or upon a motor vehicle or other motorized We cover personal property owned or used by an land conveyance, if the electronic apparatus is "insured" while it is anywhere in the world. At equipped to be operated by power from the your request, we will cover personal property electrical system of the vehicle or conveyance owned by: while retaining its capability of being operated 1. Others while the property is on the part of the by other sources of power. Electronic "residence premises" occupied by an apparatus includes: "insured"; a. Accessories or antennas; or 2. A guest or a "residence employee," while the property is in any residence occupied by an b. Tapes, wires, records, discs or other media; "insured." for use with any electronic apparatus. Our limit of liability for personal property usually 11. $1000 for loss to electronic apparatus, while located at an "insured's" residence, other than the not in or upon a motor vehicle or other "residence premises," is 10% of the limit of motorized land conveyance, if the electronic liability for Coverage C, or $1000, whichever is apparatus: greater. Personal property in a newly acquired a. Is equipped to be operated by power from principal residence is not subject to this limitation the electrical system of the vehicle or for the 30 days from the time you begin to move conveyance while retaining its capability of the property there. being operated by other sources of power; Special Limits of Liability. These limits do not b. Is away from the "residence premises"; increase the Coverage C limit of liability. The and special limit for each numbered category below is c. Is used at any time or in any manner for the total limit for each loss for all property in that any "business" purpose. category. Electronic apparatus includes: 1. $200 on money, bank notes, bullion, gold a. Accessories or antennas; or other than goldware, silver other than b. Tapes, wires, records, discs or other silverware, platinum, coins and medals. media; 2. $1000 on securities, accounts, deeds, for use with any electronic apparatus. evidences of debt, letters of credit, notes other Property Not Covered. We do not cover: than bank notes, manuscripts, personal 1. Articles separately described and specifically records, passports, tickets and stamps. This insured in this or other insurance; dollar limit applies to these categories 2. Animals, birds or fish; regardless of the medium (such as paper or 3. Motor vehicles or all other motorized land computer software) on which the material conveyances. exists. This includes: This limit includes the cost to research, replace or restore the information from the lost or a. Their equipment and accessories; or damaged material. b. Electronic apparatus that is designed to be 3. $1000 on watercraft, including their trailers, operated solely by use of the power from furnishings, equipment and outboard engines the electrical system of motor vehicles or or motors. all other motorized land conveyances. 4. $1000 on trailers not used with watercraft. Electronic apparatus includes: 5. $1000 for loss by theft of jewelry, watches, (1) Accessories or antennas; or Page 2 of 16 (2) Tapes, wires, records, discs or other elsewhere. media; 2. If a loss covered under this Section makes that for use with any electronic apparatus. part of the "residence premises" rented to The exclusion of property described in 3.a. others or held for rental by you not fit to live and 3.b. above applies only while the in, we cover the: property is in or upon the vehicle or Fair Rental Value, meaning the fair rental conveyance. value of that part of the "residence We do cover vehicles or conveyances not premises" rented to others or held for rental subject to motor vehicle registration which are: by you less any expenses that do not a. Used to service an "insured's" residence; continue while the premises is not fit to live or in. b. Designed for assisting the handicapped; Payment will be for the shortest time required 4. Aircraft and parts. Aircraft means any to repair or replace that part of the premises contrivance used or designed for flight, except rented or held for rental. model or hobby aircraft not used or designed 3. If a civil authority prohibits you from use of the to carry people or cargo; "residence premises" as a result of direct 5. Property of roomers, boarders and other damage to neighboring premises by a Peril tenants, except property of roomers and Insured Against in this policy, we cover the boarders related to an "insured"; Additional Living Expense and Fair Rental Value 6. Property in an apartment regularly rented or loss as provided under 1. and 2. above for no held for rental to others by an "insured," more than two weeks. except as provided in Additional Coverages The periods of time under 1., 2. and 3. above are 10.; not limited by expiration of this policy. 7. Property rented or held for rental to others off We do not cover loss or expense due to the "residence premises"; cancellation of a lease or agreement. 8. "Business" data, including such data stored in: ADDITIONAL COVERAGES a. Books of account, drawings or other paper 1. Debris Removal. We will pay your reasonable records; or expense for the removal of: b. Electronic data processing tapes, wires, a. Debris of covered property if a Peril Insured records, discs or other software media; Against that applies to the damaged However, we do cover the cost of blank property causes the loss; or recording or storage media, and of b. Ash, dust or particles from a volcanic pre-recorded computer programs available on eruption that has caused direct loss to a the retail market; or building or property contained in a building. 9. Credit cards or fund transfer cards except as This expense is included in the limit of liability provided in Additional Coverages 6. that applies to the damaged property. If the COVERAGE D - Loss Of Use amount to be paid for the actual damage to the The limit of liability for Coverage D is the total limit property plus the debris removal expense is for all the coverages that follow. more than the limit of liability for the damaged 1. If a loss covered under this Section makes that property, an additional 5% of that limit of part of the "residence premises" where you liability is available for debris removal expense. reside not fit to live in, we cover, at your We will also pay your reasonable expense, up choice, either of the following. However, if the to $500, for the removal from the "residence "residence premises" is not your principal place premises" of: of residence, we will not provide the option a. Your tree(s) felled by the peril of under paragraph b. below. Windstorm or Hail; a. Additional Living Expense, meaning any b. Your tree(s) felled by the peril of Weight of necessary increase in living expenses Ice, Snow or Sleet; or incurred by you so that your household c. A neighbor's tree(s) felled by a Peril can maintain its normal standard of living; Insured Against under Coverage C; or provided the tree(s) damages a covered b. Fair Rental Value, meaning the fair rental structure. The $500 limit is the most we will value of that part of the "residence pay in any one loss regardless of the number premises" where you reside less any of fallen trees. expenses that do not continue while the premises is not fit to live in. 2. Reasonable Repairs. In the event that covered Payment under a. or b. will be for the shortest property is damaged by an applicable Peril time required to repair or replace the damage Insured Against, we will pay the reasonable or, if you permanently relocate, the shortest cost incurred by you for necessary measures time required for your household to settle taken solely to protect against further damage. Page 3 of 16 If the measures taken involve repair to other c. Loss to an "insured" caused by forgery or damaged property, we will pay for those alteration of any check or negotiable measures only if that property is covered under instrument; and this policy and the damage to that property is d. Loss to an "insured" through acceptance in caused by an applicable Peril Insured Against. good faith of counterfeit United States or This coverage: Canadian paper currency. a. Does not increase the limit of liability that We do not cover use of a credit card or fund applies to the covered property; transfer card: b. Does not relieve you of your duties, in case a. By a resident of your household; of a loss to covered property, as set forth b. By a person who has been entrusted with in SECTION I - CONDITION 2.d. either type of card; or 3. Trees, Shrubs and Other Plants. We cover c. If an "insured" has not complied with all trees, shrubs, plants or lawns, on the terms and conditions under which the "residence premises," for loss caused by the cards are issued. following Perils Insured Against: Fire or All loss resulting from a series of acts lightning, Explosion, Riot or civil commotion, committed by any one person or in which any Aircraft, Vehicles not owned or operated by a one person is concerned or implicated is resident of the "residence premises," considered to be one loss. Vandalism or malicious mischief or Theft. We do not cover loss arising out of "business" We will pay up to 5% of the limit of liability use or dishonesty of an "insured." that applies to the dwelling for all trees, This coverage is additional insurance. No shrubs, plants or lawns. No more than $500 deductible applies to this coverage. of this limit will be available for any one tree, Defense: shrub or plant. We do not cover property a. We may investigate and settle any claim or grown for "business" purposes. suit that we decide is appropriate. Our This coverage is additional insurance. duty to defend a claim or suit ends when 4. Fire Department Service Charge. We will pay the amount we pay for the loss equals our up to $500 for your liability assumed by limit of liability. contract or agreement for fire department b. If a suit is brought against an "insured" for charges incurred when the fire department is liability under the Credit Card or Fund called to save or protect covered property from Transfer Card coverage, we will provide a a Peril Insured Against. We do not cover fire defense at our expense by counsel of our department service charges if the property is choice. located within the limits of the city, c. We have the option to defend at our municipality or protection district furnishing the expense an "insured" or an "insured's" fire department response. bank against any suit for the enforcement This coverage is additional insurance. No of payment under the Forgery coverage. deductible applies to this coverage. 7. Loss Assessment. We will pay up to $1000 5. Property Removed. We insure covered for your share of loss assessment charged property against direct loss from any cause during the policy period against you by a while being removed from a premises corporation or association of property owners, endangered by a Peril Insured Against and for when the assessment is made as a result of no more than 30 days while removed. This direct loss to the property, owned by all coverage does not change the limit of liability members collectively, caused by a Peril Insured that applies to the property being removed. Against under COVERAGE A - DWELLING, 6. Credit Card, Fund Transfer Card, Forgery and other than earthquake or land shock waves or Counterfeit Money. tremors before, during or after a volcanic We will pay up to $500 for: eruption. a. The legal obligation of an "insured" to This coverage applies only to loss pay because of the theft or unauthorized assessments charged against you as owner or use of credit cards issued to tenant of the "residence premises." or registered in an "insured's" name; We do not cover loss assessments charged b. Loss resulting from theft or unauthorized against you or a corporation or association of use of a fund transfer card used for property owners by any governmental body. deposit, withdrawal or transfer of funds, The limit of $1000 is the most we will pay issued to or registered in an "insured's" with respect to any one loss, regardless of the name; number of assessments. Page 4 of 16 Condition 1. Policy Period, under SECTIONS I a. Fire or lightning. AND II CONDITIONS, does not apply to this b. Windstorm or hail. coverage. This peril does not include loss to the 8. Collapse. We insure for direct physical loss to property contained in a building caused by covered property involving collapse of a rain, snow, sleet, sand or dust unless the building or any part of a building caused only direct force of wind or hail damages the by one or more of the following: building causing an opening in a roof or wall a. Perils Insured Against in COVERAGE C - and the rain, snow, sleet, sand or dust enters PERSONAL PROPERTY. These perils apply through this opening. to covered buildings and personal property This peril includes loss to watercraft and for loss insured by this additional coverage; their trailers, furnishings, equipment, and b. Hidden decay; outboard engines or motors, only while inside c. Hidden insect or vermin damage; a fully enclosed building. d. Weight of contents, equipment, animals o