Preview
Filing # 125007666 E-Filed 04/15/2021 03:04:00 PM
IN THE COUNTY COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 21000382CC
DIANE PEASE,
Plaintiff,
V.
AMERICAN TRADITIONS
INSURANCE COMPANY, a Florida
corporation,
Defendant.
COMPLAINT FOR BREACH OF CONTRACT
Plaintiff, Diane Pease (“Plaintiff”), sues Defendant, American Traditions Insurance
Company (“Defendant”) and states the following:
1 This is an action for breach of an insurance contract and for damages that do not
exceed $30,000.00, exclusive of interest, costs and fees.
2. Plaintiff is a single person who owns the property and resides at 1000 Kings
Highway, Unit 393, Port Charlotte, Florida 33980 (the “Property”).
3 Upon information and belief, Defendant is a Florida corporation doing business in
Florida from a principal office located at 7785 66th Street North., Pinellas Park, Florida 33781.
4 Defendant regularly conducts business in Charlotte County, Florida.
5 Defendant agreed to insure the Property under American Traditions Insurance
Company Policy Number (the “Policy”) A true and correct copy of the Policy as
provided to Plaintiff is attached hereto and incorporated herein as Exhibit “A.”
6. At all times material hereto, in consideration of a premium paid by Plaintiff, the
Policy was in full force and effect.
7 On or about September 26, 2020, the Property suffered direct, physical damage,
caused by a covered peril and due to accidental discharge or overflow of water in Plaintiff's house
(the “Loss”).
8 Plaintiff submitted a claim seeking coverage under the Policy for the damage
sustained by the Loss.
9. However, Defendant denied coverage for any of the Loss.
10. To date, Defendant has failed and refused to provide coverage or payment to
Plaintiff for her losses stemming from the Loss.
11. Plaintiff has been obligated to retain the undersigned attorneys for the prosecution
of this action and related efforts to enforce the Policy and is entitled to reasonable attorney’s fees
pursuant to Florida Statutes §§ 626.9373 or 627.428.
12. All conditions precedent to the filing of this lawsuit have occurred, have been
waived, or have otherwise been satisfied.
COUNT I - BREACH OF CONTRACT
13. Plaintiff realleges and incorporates all of the above in support of this count.
14. The Policy is a valid written contract between Plaintiff and Defendant, wherein
Plaintiff agreed to pay a premium and Defendant agreed to insure the Property.
15. Plaintiff paid all premiums due under the Policy and fully performed her obligations
under the Policy.
16. Under the Policy, Defendant was obligated to pay the claim for damages, which
were covered by the Policy.
17. Defendant has refused to pay any amounts due under the Policy.
18. Defendant breached the contract by repudiating its obligations to Plaintiff and
denying Plaintiff the benefits of the policy.
19. At all times material hereto, Plaintiff have satisfied all post-loss obligations under
the Policy.
20. As a result of Defendant’s breach of the contract, Plaintiff has suffered and
continues to suffer damages.
WHEREFORE, Plaintiff respectfully requests this Honorable Court award a judgment for
damages against Defendant for breaching the contract by wrongfully denying coverage and
payment under the Policy and for any additional relief as permitted by law and as this Court deems
appropriate, including interest, costs, attorney’s fees pursuant to Florida Statutes §§ 626.9373 or
627.428, and all equitable remedies or other relief that may be appropriate.
DEMAND FOR JURY TRIAL
21. Plaintiff, pursuant to the Rules of Civil Procedure, hereby demands trial by jury on
all issues so triable.
DESIGNATION OF ATTORNEY E-MAIL ADDRESS PURSUANT TO RULE 2.516
Florida Professional Law Group, PLLC hereby designates the following email addresses
for the purpose of service of all documents required to be served via email in this proceeding:
Primary email address: cdonawa@fiplg.com
Secondary email address: eservice@flplg.com
Dated: April 15, 2021.
Respectfully submitted,
/s/ Caroline Donawa
Florida Professional Law Group, PLLC
Caroline Donawa, Esq.
Florida Bar No. 125526
4600 Sheridan St., Suite 303
Hollywood, FL 33021
Tel. (954) 284-0900
Fax. (954) 284-0747
E-mail: cdonawa@flplg.com
E-mail: eservice@flplg.com
Attorneys for Plaintiff, Diane Pease
EXHIBIT A
Le. / Flagler Insurance Agency Inc ATM219903
422 NE 2nd Pl Fl0472
own Suite 200
Cape Coral, FL 33909
DIANE PEASE
1000 KINGS HIGHWAY #393
PORT CHARLOTTE, FL 33980
Please read carefully
Important
Information
and Invoice
Enclosed
American Traditions Insurance Company
ars]
a rao Company
Notice Da' 16/09/2020
PREMIUM PAYMENT INVOICE
Producer: Flo472
Policy Type: SA Flagler Insurance Agency Inc
Policy Number: 422 NE 2nd PI Suite 200
Policyholder: Diane Peace Cape Coral, FL 33909
Policy Effective 06/13/2020 (239)274-9200
Date:
Property Location: 1000 kings highway #393 Transaction Type: NB
Port Charlotte, FL 33980 Payment Plan: Schedule A: 4-
Dear Policyholder:
Thank you for choosing American Traditions Insurance Company. There is a premium payment due on the
policy shown above. To maintain insurance coverage, you must pay at least the minimum amount
shown by the due date that appears in the box below. If the minimum amount due is $0.00, you
have already mailed the payment, or if your bill is escrowed through your lendermortgage company, please
disregard this notice. Since we add a service fee for each installment, you can save money by paying the entire
amount due.
If you would like to pay securely online, please log on to_https://portal jeraermga.com/CustomerPortal.
Payment Choices Available
OF tullPray Due Date OO 2Pay Due Date O01 3Pay Due Date O 4pPay Due Date
$1,479.00 6/28/2020 $756.00 6/28/2020 $611.00 6/28/2020 $393.00 6/28/2020
$729.00 8/27/2020 $439.00 8/12/2020 $366.00 8/12/2020
$438.00 11/10/2020 $366.00 11/10/2020
$366.00 2/8/2021
deen eee eee n ee ne een e eee n en eeeenen anne eeeeananecnenenaeneneeeeaaneneenaneananenacneneeeneananeneenenanneneeeneanannenasenacnenneeeeene
Detach and Return this Form with Payment
PLEASE NOTE THAT POST DATED CHECKS
WILL NOT BE ACCEPTED.
PREMIUM PAYMENT INVOICE
Policy +:
Insured: Diane Peace
Agent: Flo472
“ee f P.O. Box 919209
Amount Paid to Date:
Minimum Due at this Time:
$0.00
$393.00
Orlando, FL 32891-9209 ‘Total Amount Outstanding: $1,479.00
0 Tradition e Company Payment Due Date: 6/28/2020
Payment Options
Make Check Payable and Mail To:
O Full Pay 0 3 Pay
American Traditions Insurance Company 0 2Pay O 4 Pay
P.O. Box 919209 Amount Paid:
Orlando, FL 32891-9209
PREM INV
- A 11 18
AMERICAN TRADITIONS INSURANCE COMPANY T.J, JERGER MGA, LLC Je
7785 66th St. N.
Mobile Homeowners Declarations Page Pinellas Park, FL 33781 Conga
Agent Name and Flagler Insurance Agency Inc If you have any questions regarding this policy which
Address: 422 NE 2nd PI your agent is unable to answer please contact us at
Suite 200 866-561-3433.
Cape Coral, FL 33909
Agent Phone #: (239)274-9200_ Agency Code:_F10472
Policy Number: a Insuring Company: American Traditions Insurance Company
P.O. Box 2800
Named Insured: Diane Peace
Mailing Address: 1000 kings highway #393 Pinellas Park, FL 33780
Port Charlotte, FL 33980
Morigagee(s) #1:
Effective Dates: From: 6/13/2020 12:01am To: 6/13/2021 12:01am Effective date of this transaction: 06/13/2020 12:01am
Activity: New Business Addl Insured:
Insured Location: 1000 kings highway #393 Park Name: Port Charlotte Village - Port Charlotte
Port Charlotte, FL 33980
Unit Description: Year: 2006 Make: jacobson Serial #: jacfl27546A/B Length: 48 Width: 28
garage
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
Premiums: A. Dwelling 100,000 $1,068.00 $263.00 $1331.00
B. Other Structures 8,000 $83.00 $21.00 $104.00
C. Personal Property
D. Loss of Use 20,000 Included
E. Personal Liability 100,000 $10.00 $10.00
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 $191.00 $196.00 $5.00
Adjustments:
Total Policy Premium
Non-Hurricane Premium: $999.00 Hurricane Premium: $480.00
Deductible: All Other Perils: $1,000 Hurricane Deductible: $2,000 I 2%
Special Messages:
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE
FOR HURRICANE LOSSES, WHICH MAY RESULT IN
HIGH OUT-OF-POCKET EXPENSES TO YOU.
Remi If your policy contains replacement cost on dwelling, the amount of coverage will not exceed the stated policy value.
Kista.
Q CXpeg.: 06/09/2020
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 Jkt01 09 WP 04 03 07 00 HO 01 09 MBH 12 17 ATICPersProp Excl 07 07
ATIC MHO DEC 01 19 WP 03 02 07 00 ATIC MHO Sinkhole 05 16
and
OIR B1 1670 INDEX1205. MLD 364 10 16
Endorsements:
HO 00 03 04 91 ATIC MHO SA Outline 0119 ATIC Privacy 05 15
MHAE 03 03 12 16 WP 09 DN 01 06 NOASA - A 07 15,
WP 276 01 06 MLD 362 10 16 HO 03 51 05 05
Pay Plan: Number of Payments: 4 Bill to: Insured
Rating Program: SA
Information: Territory: _002 Year Constructed: 2006
Scheduled
Property: Description: Limit:
Premium Coverage Section Length Width Limits Non-Hurricane Hurricane Total
Adjustments: Attached Garage / Weathertght Room 12 10000 $139.00 $35.00 $174.00
Attachments Total 10000 $174.00
ANSWASCE 7-88 Standard $96.00 $24.00 $120.00
Catastrophe Charge 100000 $277.00 $277.00
Exchide Personal Property -$75.00 -$19.00 -$94.00
Fire ExtinguisheriSmoke Alarm -$53.00 -$13.00 -$66.00
Limited FungiRovBacteria 10000 Included
Membership in AARP, AAA, or FMHO -$53.00 -$13.00 -$66.00
Replacement Cost Dwelling Included
Security Guards or Gated Community $53.00 -$13.00 -$66.00
Year Built (HUR) $34.00 -$34.00
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
if a
American Traditi
oo
Hirance Company
Advanced, Trustworthy, Intuttive, Caring
MOBILE HOMEOWNERS POLICY
se i
Underwriting Service Provided By:
TI Jeger MGA, LLCO
7785 66th Street
Pinellas Park, FL 33781
TO REPORT A CLAIM, PLEASE CALL 866-270-8430
ATIC Jkt 01 09
dine TMPORTANT NOTICE***#22**
THIS POLICY DOES NOT INCLUDE INSURANCE PROTECTION AGAINST FLOOD LOSSES
TIIS COVERAGE IS AVAILABLE TITROUGII AGENTS WIIO WRITE FLOOD INSURANCE
IF YOU SIIOULD IIAVE ANY QUESTIONS REGARDING TIIIS 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.
Cpl
Raymond M. Blacklidge
Secretary
74
T. John Jerger, Jr.
President
American Traditions Insurance Company
ATIC Jkt 01 09
Checklist of Coverage
ATM219903 Policy Type: Mobile Home Owners SA
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.fidfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Limit of Insurance: $100,000.00 Loss Settlement Basis: $ See Policy
(ie.: Replacement Cost, Actual Cash Value, Stated Value, ete.)
Other Structures Coverage (Detached from Dwelling)
Limit of Insurance: $8,000.00 Loss Settlement Basis: $ See Policy
{.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.)
Personal Property Coverage
Limit of Insurance: Loss Settlement Basis: $ See Policy
(ie.: Replacement Cost, Actual Cash Value, Stated Value, ete.)
Deductibles
Annual Hurricane: $2,000.00 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)
Windstorm or Hail (other than hurricane)
Explosion
Riot or Civil Commotion
Aircraft
Vehicles
Smoke
Vandalism or Malicious Mischief
Theft
Falling Objects
Weight of Ice, Snow or Sleet
Accidental Discharge or Overflow of Water or Steam
Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging
Freezing
Sudden and Accidental Damage from Artificially Generated Electrical Current
Volcanic Eruption
Sinkhole
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 |S 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
(Items below marked Y (Yes) indicate coverage IS Amount of insurance is an additional amount of
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 Lip to 5% over coverage limi $500 N/A
Y Reasonable Repairs N/A N/A
Y Property Removed
Credit Card, Electronic Fund Transfer Card, or
Y Access Device, Forgery and Counterfeit Money up to $500 up to $500 N/A
Loss Assessment $1,000
Collapse
Glass or Safety Glazing Material
Landlord's Furnishings up to $2,500 $2,500 N/A
Law and Ordinance
Grave Markers
Mold / Fungi $10,000.00 $10,000
OIR-B1-1670 (1-1-06) Page 2 of 3
Checklist of Coverage (continued)
Discounts
(tems below marked Y (Yes) indicate discount IS applied, those marked N Dollar ($) Amount of Discount
(No) indicate discount is NOT applied)
N Multiple Policy
Y Fire Alarm / Smoke Alarm / Burglar Alarm ($66.00)
N Sprinkler
Windstorm Loss Reduction
Building Code Effectiveness Grading Schedule
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.
Personal Liability Coverage
Limit of Insurance $ 100,000.00.
Medical Payments to Others Coverage
Limit of Insurance $ 1,000.00
EE
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
N First Aid Expenses
Y Damage To Property Of Others up to $500 up to $500 N/A
Y Loss Assessment $1,000
Insurer May Insert Any Other Liability Coverage Below
(Items below marked Y (Yes) indicate coverage 1S Included, those marked N (No) Indicate Coverage 1s
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
HOMEOWNERS
HO 00 03 04 91
HOMEOWNERS 3
SPECIAL 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 insured" c. Any premises used by you in connection with a prem-
shown in the Declarations and the spouse if a resident of the ises in 4.a. and 4.b. above;
same household. "We," "us" and “our” refer to the Company Any part of a premises:
providing this insurance. In addition, certain words and phrases (1) Not owned by an "insured"; and
are defined as follows:
(2) Where an "insured" is temporarily residing;
1 "Bodily injury" means bodily harm, sickness or disease,
including required care, loss of services and death that te- Vacant land, other than farm land, owned by or rented to
sults. an "insured";
"Business" includes trade, profession or occupation. Land owned by or rented to an "insured" on which a one
or two family dwelling is being built as a residence for an
"Insured" means you and residents of your household who "insured";
are:
9g. Individual or family cemetery plots or burial vaults of an
a. Your relatives; or "insured"; or
b, Other persons under the age of 21 and in the care of any h. Any part of a premises occasionally rented to an "in-
person named above. sured" for other than "business" use.
Under Section Il, "insured" also means: "Occurrence" means an accident, including continuous or
c. With respect to animals or watercraft to which this policy repeated exposure to substantially the same general harm-
applies, any person or organization legally responsible ful conditions, which results, during the policy period, in:
for these animals or watercraft which are owned by you a. "Bodily injury"; or
or any person included in 3.a. or 3.b. above. A person or
organization using or having custody of these animals or b. “Property damage.”
watercraft in the course of any "business" or without "Property damage” means physical injury to, destruction of,
consent of the owner is not an "insured", or loss of use of tangible property.
With respect to any vehicle to which this policy applies: "Residence employee" means:
(1) Persons while engaged in your employ or that of any a An employee of an "insured" whose duties are related to
person included in 3.a. or 3.b. above; or the maintenance or use of the "residence premises,” in-
(2) Other persons using the vehicle on an "insured loca- cluding household or domestic services; or
tion" with your consent. b. One who performs similar duties elsewhere not related to
4. "Insured location" means: the "business" of an "insured."
a. The "residence premises"; "Residence premises" means:
b. The part of other premises, other structures and grounds a. The one family dwelling, other structures, and grounds;
used by you as a residence and: or
(1) Which is shown in the Declarations; or b. That part of any other building;
(2) Which is acquired by you during the policy period for where you reside and which is shown as the "residence
your use as a residence; premises" in the Declarations.
"Residence premises" also means a two family dwelling
where you reside in at least one of the family units and
which is shown as the "residence premises" in the Declara-
tions.
HO 00 03 0491 Copyright, Insurance Services Office, Inc., 1990 Page 1 of 18
SECTION I - PROPERTY COVERAGES
COVERAGE A - Dwelling 1.$200 on money, bank notes, bullion, gold other than gold-
ware, silver other than silverware, platinum, coins and med-
We cover: als.
1 The dwelling on the "residence premises" shown in the $1000 on securities, accounts, deeds, evidences of debt,
Declarations, including structures attached to the dwelling; letters of credit, notes other than bank notes, manuscripts,
and personal records, passports, tickets and stamps. This dollar
Materials and supplies located on or next to the "residence limit applies to these categories regardless of the medium
premises" used to construct, alter or repair the dwelling or (such as paper or computer software) on which the material
other structures on the "residence premises." exists.
This coverage does not apply to land, including land on which This limit includes the cost to research, replace or restore
the dwelling is located. the information from the lost or damaged material.
COVERAGE B - Other Structures $1000 on watercraft, including their trailers, furnishings,
We cover other structures on the "residence premises" set equipment and outboard engines or motors.
apart from the dwelling by clear space. This includes structures $1000 on trailers not used with watercraft.
connected to the dwelling by only a fence, utility line, or similar $1000 for loss by theft of jewelry, watches, furs, precious
connection. and semi-precious stones.
This coverage does not apply to land, including land on which $2000 for loss by theft of firearms.
the other structures are located.
$2500 for loss by theft of silverware, silver-plated ware,
We do not cover other structures: goldware, gold-plated ware and pewterware. This includes
1. Used in whole or in part for "business"; or flatware, hollowware, tea sets, trays and trophies made of or
2. Rented or held for rental to any person not a tenant of the including silver, gold or pewter.
dwelling, unless used solely as a private garage. $2500 on property, on the "residence premises," used at
The limit of liability for this coverage will not be more than 10% any time or in any manner for any "business" purpose.
of the limit of liability that applies to Coverage A. Use of this $250 on property, away from the "residence premises,"
coverage does not reduce the Coverage A limit of liability. used at any time or in any manner for any "business" pur-
COVERAGE C - Personal Property pose. However, this limit does not apply to loss to adaptable
electronic apparatus as described in Special Limits 10. and
We cover personal property owned or used by an "insured" 11. below.
while it is anywhere in the world. At your request, we will cover
personal property owned by: 10. $1000 for loss to electronic apparatus, while in or upon a
motor vehicle or other motorized land conveyance, if the
1. Others while the property is on the part of the "residence electronic apparatus is equipped to be operated by power
premises" occupied by an "insured"; from the electrical system of the vehicle or conveyance
2. A guest or a "residence employee," while the property is in while retaining its capability of being operated by other
any residence occupied by an "insured." sources of power. Electronic apparatus includes:
Our limit of liability for personal property usually located at an a. Accessories or antennas; or
“insured's" residence, other than the "residence premises,” b. Tapes, wires, records, discs or other media;
0% of the limit of liability for Coverage C, or $1000, whichever
is greater. Personal property in a newly acquired principal resi- for use with any electronic apparatus.
dence is not subject to this limitation for the 30 days from the
time you begin to move the property there.
Special Limits of Li lity. These limits do not increase the
Coverage C limit of liability. The special limit for each numbered
category below is the total limit for each loss for all property in
that category.
Page 2 of 18 Copyright, Insurance Services Office, Inc., 1990 HO 00 03 0491
11. $1000 for loss to electronic apparatus, while not in or upon a . "Business" data, including such data stored in:
motor vehicle or other motorized land conveyance, if the a. Books of account, drawings or other paper records; or
electronic apparatus: b. Electronic data processing tapes, wires, records, discs
a Is equipped to be operated by power from the electrical or other software media;
system of the vehicle or conveyance while retaining its However, we do cover the cost of blank recording or storage
capability of being operated by other sources of power; media, and of pre-recorded computer programs available on
b. Is away from the "residence premises"; and the retail market; or
c. Is used at any time or in any manner for any "business" 9. Credit cards or fund transfer cards except as provided in
purpose. Additional Coverages 6.
Electronic apparatus includes: COVERAGE D - Loss Of Use
a. Accessories and antennas; or The limit of liability for Coverage D is the total limit for all the
b, Tapes, wires, records, discs or other media; coverages that follow.
for use with any electronic apparatus. 1. If a loss covered under this Section makes that part of the
"residence premises" where you reside not fit to live in, we
Property Not Covered. We do not cover: cover, at your choice, either of the following. However, if the
1 Articles separately described and specifically insured in this "residence premises" is not your principal place of resi-
or other insurance; dence, we will not provide the option under paragraph b. be-
2. Animals, birds or fish; low.
3. Motor vehicles or all other motorized land conveyances. This a Additional Living Expense, meaning any necessary
includes: increase in living expenses incurred by you so that your
household can maintain its normal standard of living; or
a Their equipment and accessories; or
Fair Rental Value, meaning the fair rental value of that
b. Electronic apparatus that is designed to be operated part of the "residence premises" where you reside less
solely by use of the power from the electrical system of any expenses that do not continue while the premises is
motor vehicles or all other motorized land conveyances. not fit to live in.
Electronic apparatus includes:
Payment under a. or b. will be for the shortest time required
(1) Accessories or antennas; or to repair or replace the damage or, if you permanently relo-
(2) Tapes, wires, records, discs or other media; cate, the shortest time required for your household to settle
for use with any electronic apparatus. elsewhere.
The exclusion of property described in 3.a. and 3.b, If a loss covered under this Section makes that part of the
above applies only while the property is in or upon the "residence premises" rented to others or held for rental by
vehicle or conveyance. you not fit to live in, we cover the:
We do cover vehicles or conveyances not subject to motor
Preview
Filing # 125007666 E-Filed 04/15/2021 03:04:00 PM IN THE COUNTY COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 21000382CC DIANE PEASE, Plaintiff, V. AMERICAN TRADITIONS INSURANCE COMPANY, a Florida corporation, Defendant. COMPLAINT FOR BREACH OF CONTRACT Plaintiff, Diane Pease (“Plaintiff”), sues Defendant, American Traditions Insurance Company (“Defendant”) and states the following: 1 This is an action for breach of an insurance contract and for damages that do not exceed $30,000.00, exclusive of interest, costs and fees. 2. Plaintiff is a single person who owns the property and resides at 1000 Kings Highway, Unit 393, Port Charlotte, Florida 33980 (the “Property”). 3 Upon information and belief, Defendant is a Florida corporation doing business in Florida from a principal office located at 7785 66th Street North., Pinellas Park, Florida 33781. 4 Defendant regularly conducts business in Charlotte County, Florida. 5 Defendant agreed to insure the Property under American Traditions Insurance Company Policy Number (the “Policy”) A true and correct copy of the Policy as provided to Plaintiff is attached hereto and incorporated herein as Exhibit “A.” 6. At all times material hereto, in consideration of a premium paid by Plaintiff, the Policy was in full force and effect. 7 On or about September 26, 2020, the Property suffered direct, physical damage, caused by a covered peril and due to accidental discharge or overflow of water in Plaintiff's house (the “Loss”). 8 Plaintiff submitted a claim seeking coverage under the Policy for the damage sustained by the Loss. 9. However, Defendant denied coverage for any of the Loss. 10. To date, Defendant has failed and refused to provide coverage or payment to Plaintiff for her losses stemming from the Loss. 11. Plaintiff has been obligated to retain the undersigned attorneys for the prosecution of this action and related efforts to enforce the Policy and is entitled to reasonable attorney’s fees pursuant to Florida Statutes §§ 626.9373 or 627.428. 12. All conditions precedent to the filing of this lawsuit have occurred, have been waived, or have otherwise been satisfied. COUNT I - BREACH OF CONTRACT 13. Plaintiff realleges and incorporates all of the above in support of this count. 14. The Policy is a valid written contract between Plaintiff and Defendant, wherein Plaintiff agreed to pay a premium and Defendant agreed to insure the Property. 15. Plaintiff paid all premiums due under the Policy and fully performed her obligations under the Policy. 16. Under the Policy, Defendant was obligated to pay the claim for damages, which were covered by the Policy. 17. Defendant has refused to pay any amounts due under the Policy. 18. Defendant breached the contract by repudiating its obligations to Plaintiff and denying Plaintiff the benefits of the policy. 19. At all times material hereto, Plaintiff have satisfied all post-loss obligations under the Policy. 20. As a result of Defendant’s breach of the contract, Plaintiff has suffered and continues to suffer damages. WHEREFORE, Plaintiff respectfully requests this Honorable Court award a judgment for damages against Defendant for breaching the contract by wrongfully denying coverage and payment under the Policy and for any additional relief as permitted by law and as this Court deems appropriate, including interest, costs, attorney’s fees pursuant to Florida Statutes §§ 626.9373 or 627.428, and all equitable remedies or other relief that may be appropriate. DEMAND FOR JURY TRIAL 21. Plaintiff, pursuant to the Rules of Civil Procedure, hereby demands trial by jury on all issues so triable. DESIGNATION OF ATTORNEY E-MAIL ADDRESS PURSUANT TO RULE 2.516 Florida Professional Law Group, PLLC hereby designates the following email addresses for the purpose of service of all documents required to be served via email in this proceeding: Primary email address: cdonawa@fiplg.com Secondary email address: eservice@flplg.com Dated: April 15, 2021. Respectfully submitted, /s/ Caroline Donawa Florida Professional Law Group, PLLC Caroline Donawa, Esq. Florida Bar No. 125526 4600 Sheridan St., Suite 303 Hollywood, FL 33021 Tel. (954) 284-0900 Fax. (954) 284-0747 E-mail: cdonawa@flplg.com E-mail: eservice@flplg.com Attorneys for Plaintiff, Diane Pease EXHIBIT A Le. / Flagler Insurance Agency Inc ATM219903 422 NE 2nd Pl Fl0472 own Suite 200 Cape Coral, FL 33909 DIANE PEASE 1000 KINGS HIGHWAY #393 PORT CHARLOTTE, FL 33980 Please read carefully Important Information and Invoice Enclosed American Traditions Insurance Company ars] a rao Company Notice Da' 16/09/2020 PREMIUM PAYMENT INVOICE Producer: Flo472 Policy Type: SA Flagler Insurance Agency Inc Policy Number: 422 NE 2nd PI Suite 200 Policyholder: Diane Peace Cape Coral, FL 33909 Policy Effective 06/13/2020 (239)274-9200 Date: Property Location: 1000 kings highway #393 Transaction Type: NB Port Charlotte, FL 33980 Payment Plan: Schedule A: 4- Dear Policyholder: Thank you for choosing American Traditions Insurance Company. There is a premium payment due on the policy shown above. To maintain insurance coverage, you must pay at least the minimum amount shown by the due date that appears in the box below. If the minimum amount due is $0.00, you have already mailed the payment, or if your bill is escrowed through your lendermortgage company, please disregard this notice. Since we add a service fee for each installment, you can save money by paying the entire amount due. If you would like to pay securely online, please log on to_https://portal jeraermga.com/CustomerPortal. Payment Choices Available OF tullPray Due Date OO 2Pay Due Date O01 3Pay Due Date O 4pPay Due Date $1,479.00 6/28/2020 $756.00 6/28/2020 $611.00 6/28/2020 $393.00 6/28/2020 $729.00 8/27/2020 $439.00 8/12/2020 $366.00 8/12/2020 $438.00 11/10/2020 $366.00 11/10/2020 $366.00 2/8/2021 deen eee eee n ee ne een e eee n en eeeenen anne eeeeananecnenenaeneneeeeaaneneenaneananenacneneeeneananeneenenanneneeeneanannenasenacnenneeeeene Detach and Return this Form with Payment PLEASE NOTE THAT POST DATED CHECKS WILL NOT BE ACCEPTED. PREMIUM PAYMENT INVOICE Policy +: Insured: Diane Peace Agent: Flo472 “ee f P.O. Box 919209 Amount Paid to Date: Minimum Due at this Time: $0.00 $393.00 Orlando, FL 32891-9209 ‘Total Amount Outstanding: $1,479.00 0 Tradition e Company Payment Due Date: 6/28/2020 Payment Options Make Check Payable and Mail To: O Full Pay 0 3 Pay American Traditions Insurance Company 0 2Pay O 4 Pay P.O. Box 919209 Amount Paid: Orlando, FL 32891-9209 PREM INV - A 11 18 AMERICAN TRADITIONS INSURANCE COMPANY T.J, JERGER MGA, LLC Je 7785 66th St. N. Mobile Homeowners Declarations Page Pinellas Park, FL 33781 Conga Agent Name and Flagler Insurance Agency Inc If you have any questions regarding this policy which Address: 422 NE 2nd PI your agent is unable to answer please contact us at Suite 200 866-561-3433. Cape Coral, FL 33909 Agent Phone #: (239)274-9200_ Agency Code:_F10472 Policy Number: a Insuring Company: American Traditions Insurance Company P.O. Box 2800 Named Insured: Diane Peace Mailing Address: 1000 kings highway #393 Pinellas Park, FL 33780 Port Charlotte, FL 33980 Morigagee(s) #1: Effective Dates: From: 6/13/2020 12:01am To: 6/13/2021 12:01am Effective date of this transaction: 06/13/2020 12:01am Activity: New Business Addl Insured: Insured Location: 1000 kings highway #393 Park Name: Port Charlotte Village - Port Charlotte Port Charlotte, FL 33980 Unit Description: Year: 2006 Make: jacobson Serial #: jacfl27546A/B Length: 48 Width: 28 garage 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 Premiums: A. Dwelling 100,000 $1,068.00 $263.00 $1331.00 B. Other Structures 8,000 $83.00 $21.00 $104.00 C. Personal Property D. Loss of Use 20,000 Included E. Personal Liability 100,000 $10.00 $10.00 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 $191.00 $196.00 $5.00 Adjustments: Total Policy Premium Non-Hurricane Premium: $999.00 Hurricane Premium: $480.00 Deductible: All Other Perils: $1,000 Hurricane Deductible: $2,000 I 2% Special Messages: THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. Remi If your policy contains replacement cost on dwelling, the amount of coverage will not exceed the stated policy value. Kista. Q CXpeg.: 06/09/2020 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 Jkt01 09 WP 04 03 07 00 HO 01 09 MBH 12 17 ATICPersProp Excl 07 07 ATIC MHO DEC 01 19 WP 03 02 07 00 ATIC MHO Sinkhole 05 16 and OIR B1 1670 INDEX1205. MLD 364 10 16 Endorsements: HO 00 03 04 91 ATIC MHO SA Outline 0119 ATIC Privacy 05 15 MHAE 03 03 12 16 WP 09 DN 01 06 NOASA - A 07 15, WP 276 01 06 MLD 362 10 16 HO 03 51 05 05 Pay Plan: Number of Payments: 4 Bill to: Insured Rating Program: SA Information: Territory: _002 Year Constructed: 2006 Scheduled Property: Description: Limit: Premium Coverage Section Length Width Limits Non-Hurricane Hurricane Total Adjustments: Attached Garage / Weathertght Room 12 10000 $139.00 $35.00 $174.00 Attachments Total 10000 $174.00 ANSWASCE 7-88 Standard $96.00 $24.00 $120.00 Catastrophe Charge 100000 $277.00 $277.00 Exchide Personal Property -$75.00 -$19.00 -$94.00 Fire ExtinguisheriSmoke Alarm -$53.00 -$13.00 -$66.00 Limited FungiRovBacteria 10000 Included Membership in AARP, AAA, or FMHO -$53.00 -$13.00 -$66.00 Replacement Cost Dwelling Included Security Guards or Gated Community $53.00 -$13.00 -$66.00 Year Built (HUR) $34.00 -$34.00 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 if a American Traditi oo Hirance Company Advanced, Trustworthy, Intuttive, Caring MOBILE HOMEOWNERS POLICY se i Underwriting Service Provided By: TI Jeger MGA, LLCO 7785 66th Street Pinellas Park, FL 33781 TO REPORT A CLAIM, PLEASE CALL 866-270-8430 ATIC Jkt 01 09 dine TMPORTANT NOTICE***#22** THIS POLICY DOES NOT INCLUDE INSURANCE PROTECTION AGAINST FLOOD LOSSES TIIS COVERAGE IS AVAILABLE TITROUGII AGENTS WIIO WRITE FLOOD INSURANCE IF YOU SIIOULD IIAVE ANY QUESTIONS REGARDING TIIIS 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. Cpl Raymond M. Blacklidge Secretary 74 T. John Jerger, Jr. President American Traditions Insurance Company ATIC Jkt 01 09 Checklist of Coverage ATM219903 Policy Type: Mobile Home Owners SA 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.fidfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limit of Insurance: $100,000.00 Loss Settlement Basis: $ See Policy (ie.: Replacement Cost, Actual Cash Value, Stated Value, ete.) Other Structures Coverage (Detached from Dwelling) Limit of Insurance: $8,000.00 Loss Settlement Basis: $ See Policy {.e.: Replacement Cost, Actual Cash Value, Stated Value, etc.) Personal Property Coverage Limit of Insurance: Loss Settlement Basis: $ See Policy (ie.: Replacement Cost, Actual Cash Value, Stated Value, ete.) Deductibles Annual Hurricane: $2,000.00 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) Windstorm or Hail (other than hurricane) Explosion Riot or Civil Commotion Aircraft Vehicles Smoke Vandalism or Malicious Mischief Theft Falling Objects Weight of Ice, Snow or Sleet Accidental Discharge or Overflow of Water or Steam Sudden and Accidental Tearing Apart, Cracking , Burning or Bulging Freezing Sudden and Accidental Damage from Artificially Generated Electrical Current Volcanic Eruption Sinkhole 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 |S 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 (Items below marked Y (Yes) indicate coverage IS Amount of insurance is an additional amount of 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 Lip to 5% over coverage limi $500 N/A Y Reasonable Repairs N/A N/A Y Property Removed Credit Card, Electronic Fund Transfer Card, or Y Access Device, Forgery and Counterfeit Money up to $500 up to $500 N/A Loss Assessment $1,000 Collapse Glass or Safety Glazing Material Landlord's Furnishings up to $2,500 $2,500 N/A Law and Ordinance Grave Markers Mold / Fungi $10,000.00 $10,000 OIR-B1-1670 (1-1-06) Page 2 of 3 Checklist of Coverage (continued) Discounts (tems below marked Y (Yes) indicate discount IS applied, those marked N Dollar ($) Amount of Discount (No) indicate discount is NOT applied) N Multiple Policy Y Fire Alarm / Smoke Alarm / Burglar Alarm ($66.00) N Sprinkler Windstorm Loss Reduction Building Code Effectiveness Grading Schedule 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. Personal Liability Coverage Limit of Insurance $ 100,000.00. Medical Payments to Others Coverage Limit of Insurance $ 1,000.00 EE 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 N First Aid Expenses Y Damage To Property Of Others up to $500 up to $500 N/A Y Loss Assessment $1,000 Insurer May Insert Any Other Liability Coverage Below (Items below marked Y (Yes) indicate coverage 1S Included, those marked N (No) Indicate Coverage 1s 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 HOMEOWNERS HO 00 03 04 91 HOMEOWNERS 3 SPECIAL 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 insured" c. Any premises used by you in connection with a prem- shown in the Declarations and the spouse if a resident of the ises in 4.a. and 4.b. above; same household. "We," "us" and “our” refer to the Company Any part of a premises: providing this insurance. In addition, certain words and phrases (1) Not owned by an "insured"; and are defined as follows: (2) Where an "insured" is temporarily residing; 1 "Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death that te- Vacant land, other than farm land, owned by or rented to sults. an "insured"; "Business" includes trade, profession or occupation. Land owned by or rented to an "insured" on which a one or two family dwelling is being built as a residence for an "Insured" means you and residents of your household who "insured"; are: 9g. Individual or family cemetery plots or burial vaults of an a. Your relatives; or "insured"; or b, Other persons under the age of 21 and in the care of any h. Any part of a premises occasionally rented to an "in- person named above. sured" for other than "business" use. Under Section Il, "insured" also means: "Occurrence" means an accident, including continuous or c. With respect to animals or watercraft to which this policy repeated exposure to substantially the same general harm- applies, any person or organization legally responsible ful conditions, which results, during the policy period, in: for these animals or watercraft which are owned by you a. "Bodily injury"; or or any person included in 3.a. or 3.b. above. A person or organization using or having custody of these animals or b. “Property damage.” watercraft in the course of any "business" or without "Property damage” means physical injury to, destruction of, consent of the owner is not an "insured", or loss of use of tangible property. With respect to any vehicle to which this policy applies: "Residence employee" means: (1) Persons while engaged in your employ or that of any a An employee of an "insured" whose duties are related to person included in 3.a. or 3.b. above; or the maintenance or use of the "residence premises,” in- (2) Other persons using the vehicle on an "insured loca- cluding household or domestic services; or tion" with your consent. b. One who performs similar duties elsewhere not related to 4. "Insured location" means: the "business" of an "insured." a. The "residence premises"; "Residence premises" means: b. The part of other premises, other structures and grounds a. The one family dwelling, other structures, and grounds; used by you as a residence and: or (1) Which is shown in the Declarations; or b. That part of any other building; (2) Which is acquired by you during the policy period for where you reside and which is shown as the "residence your use as a residence; premises" in the Declarations. "Residence premises" also means a two family dwelling where you reside in at least one of the family units and which is shown as the "residence premises" in the Declara- tions. HO 00 03 0491 Copyright, Insurance Services Office, Inc., 1990 Page 1 of 18 SECTION I - PROPERTY COVERAGES COVERAGE A - Dwelling 1.$200 on money, bank notes, bullion, gold other than gold- ware, silver other than silverware, platinum, coins and med- We cover: als. 1 The dwelling on the "residence premises" shown in the $1000 on securities, accounts, deeds, evidences of debt, Declarations, including structures attached to the dwelling; letters of credit, notes other than bank notes, manuscripts, and personal records, passports, tickets and stamps. This dollar Materials and supplies located on or next to the "residence limit applies to these categories regardless of the medium premises" used to construct, alter or repair the dwelling or (such as paper or computer software) on which the material other structures on the "residence premises." exists. This coverage does not apply to land, including land on which This limit includes the cost to research, replace or restore the dwelling is located. the information from the lost or damaged material. COVERAGE B - Other Structures $1000 on watercraft, including their trailers, furnishings, We cover other structures on the "residence premises" set equipment and outboard engines or motors. apart from the dwelling by clear space. This includes structures $1000 on trailers not used with watercraft. connected to the dwelling by only a fence, utility line, or similar $1000 for loss by theft of jewelry, watches, furs, precious connection. and semi-precious stones. This coverage does not apply to land, including land on which $2000 for loss by theft of firearms. the other structures are located. $2500 for loss by theft of silverware, silver-plated ware, We do not cover other structures: goldware, gold-plated ware and pewterware. This includes 1. Used in whole or in part for "business"; or flatware, hollowware, tea sets, trays and trophies made of or 2. Rented or held for rental to any person not a tenant of the including silver, gold or pewter. dwelling, unless used solely as a private garage. $2500 on property, on the "residence premises," used at The limit of liability for this coverage will not be more than 10% any time or in any manner for any "business" purpose. of the limit of liability that applies to Coverage A. Use of this $250 on property, away from the "residence premises," coverage does not reduce the Coverage A limit of liability. used at any time or in any manner for any "business" pur- COVERAGE C - Personal Property pose. However, this limit does not apply to loss to adaptable electronic apparatus as described in Special Limits 10. and We cover personal property owned or used by an "insured" 11. below. while it is anywhere in the world. At your request, we will cover personal property owned by: 10. $1000 for loss to electronic apparatus, while in or upon a motor vehicle or other motorized land conveyance, if the 1. Others while the property is on the part of the "residence electronic apparatus is equipped to be operated by power premises" occupied by an "insured"; from the electrical system of the vehicle or conveyance 2. A guest or a "residence employee," while the property is in while retaining its capability of being operated by other any residence occupied by an "insured." sources of power. Electronic apparatus includes: Our limit of liability for personal property usually located at an a. Accessories or antennas; or “insured's" residence, other than the "residence premises,” b. Tapes, wires, records, discs or other media; 0% of the limit of liability for Coverage C, or $1000, whichever is greater. Personal property in a newly acquired principal resi- for use with any electronic apparatus. dence is not subject to this limitation for the 30 days from the time you begin to move the property there. Special Limits of Li lity. These limits do not increase the Coverage C limit of liability. The special limit for each numbered category below is the total limit for each loss for all property in that category. Page 2 of 18 Copyright, Insurance Services Office, Inc., 1990 HO 00 03 0491 11. $1000 for loss to electronic apparatus, while not in or upon a . "Business" data, including such data stored in: motor vehicle or other motorized land conveyance, if the a. Books of account, drawings or other paper records; or electronic apparatus: b. Electronic data processing tapes, wires, records, discs a Is equipped to be operated by power from the electrical or other software media; system of the vehicle or conveyance while retaining its However, we do cover the cost of blank recording or storage capability of being operated by other sources of power; media, and of pre-recorded computer programs available on b. Is away from the "residence premises"; and the retail market; or c. Is used at any time or in any manner for any "business" 9. Credit cards or fund transfer cards except as provided in purpose. Additional Coverages 6. Electronic apparatus includes: COVERAGE D - Loss Of Use a. Accessories and antennas; or The limit of liability for Coverage D is the total limit for all the b, Tapes, wires, records, discs or other media; coverages that follow. for use with any electronic apparatus. 1. If a loss covered under this Section makes that part of the "residence premises" where you reside not fit to live in, we Property Not Covered. We do not cover: cover, at your choice, either of the following. However, if the 1 Articles separately described and specifically insured in this "residence premises" is not your principal place of resi- or other insurance; dence, we will not provide the option under paragraph b. be- 2. Animals, birds or fish; low. 3. Motor vehicles or all other motorized land conveyances. This a Additional Living Expense, meaning any necessary includes: increase in living expenses incurred by you so that your household can maintain its normal standard of living; or a Their equipment and accessories; or Fair Rental Value, meaning the fair rental value of that b. Electronic apparatus that is designed to be operated part of the "residence premises" where you reside less solely by use of the power from the electrical system of any expenses that do not continue while the premises is motor vehicles or all other motorized land conveyances. not fit to live in. Electronic apparatus includes: Payment under a. or b. will be for the shortest time required (1) Accessories or antennas; or to repair or replace the damage or, if you permanently relo- (2) Tapes, wires, records, discs or other media; cate, the shortest time required for your household to settle for use with any electronic apparatus. elsewhere. The exclusion of property described in 3.a. and 3.b, If a loss covered under this Section makes that part of the above applies only while the property is in or upon the "residence premises" rented to others or held for rental by vehicle or conveyance. you not fit to live in, we cover the: We do cover vehicles or conveyances not subject to motor